Archive: October 2022
October 21, 2022
In Florida, unmarried parents have the same custody rights as married parents. However, there are some key differences that unmarried parents should be aware of regarding custody laws in Florida.
First, unmarried parents will need to establish paternity before seeking any custody arrangement. It can be done through a voluntary acknowledgment of paternity or DNA testing. Once paternity has been established, the next step is to create a parenting plan.
A parenting plan is a document that outlines how the child will be raised, who will make decisions on behalf of the child, and how parenting time will be divided between the parents. Parenting plans are not legally binding, but they can help establish a custody arrangement that works for both parents.
Once a parenting plan has been created, the next step is to file a petition with the court. The court will then review the parenting plan and decide on custody. If the parents cannot agree on a custody arrangement, the court will decide based on the child’s best interests.
It is important to note that custody laws in Florida are constantly changing. As such, you must consult an experienced attorney to ensure you are up-to-date on the latest changes.
Determining the Custody
While unmarried parents have the same rights and responsibilities as married parents when it comes to child custody and visitation, if the parents cannot agree on a parenting plan, the court will make the decision based on what is in the child’s best interests.
There are a few factors that the court will consider when deciding on child custody, including:
- The ability of each parent to provide a stable and loving home
- The child’s relationship with each parent and other family members
- The child’s preference (if the child is old enough to express a preference)
- The child’s adjustment to their home, school, and community
- The mental and physical health of each parent
- Any history of domestic violence or substance abuse
- The ability of each parent to encourage a relationship between the child and the other parent
- The distance between the homes of the two parents
- The work schedules of each parent
- The age and developmental needs of the child and any special needs
The court will also consider other factors relevant to the child’s best interests, such as:
- The child’s age
- The child’s health
- The child’s emotional needs
- The parents’ drug and alcohol use
- The parents’ criminal history
- Any domestic violence or child abuse in the home
Suppose you are an unmarried parent in Florida seeking child custody or visitation. In that case, you must consult with an experienced family law attorney who can help you understand your rights and options.
Unmarried parents in Florida have the same custody rights as married parents. They can have joint legal and physical custody, or one parent can have sole custody. To determine custody, the court will consider what is in the child’s best interests. That includes factors such as the child’s age, health, and relationship with each parent.
If you find yourself in this situation and need to determine child custody in Florida, Dorsey Law JAX can help. Our experienced and knowledgeable attorneys will provide you with the best possible representation, ensuring your rights are protected at every step. Contact us today to schedule a consultation.
October 21, 2022
However, Florida is not one of those states. Florida law actually encourages the use of prenuptial agreements. This is because prenuptial agreements can help prevent a lot of the fighting and arguing that often lead to divorce. If you and your future spouse can agree on the terms of your marriage ahead of time, it can make your marriage much more likely to succeed.
A prenuptial agreement is a contract entered into by two people before marriage. The agreement typically outlines how assets will be divided in the event of a divorce. Prenuptial agreements can be used to protect both parties’ interests and help prevent arguments and disagreements in the event of a divorce.
What Is a Prenuptial Agreement?
A prenuptial agreement is a contract between two people who are getting ready to enter into marriage with one another. The goal of this agreement is to make it easier if the marriage does not work out. This agreement can outline how assets will be divided in the event of a divorce and determine how alimony will be handled. Prenuptial agreements can also waive a person’s right to spousal support in the event of a divorce.
This agreement is designed to help couples handle several difficult financial issues, such as property division and alimony payments. By creating this contract, the couple only agrees to enter the marriage under the specific financial terms and conditions laid out in the agreement.
Why Get a Prenuptial Agreement
Some couples may use a prenuptial agreement to protect themselves financially in the event of a divorce. In contrast, others may use it to define their roles and responsibilities within the marriage. Some couples use a prenuptial agreement to outline their financial goals and objectives for the marriage.
Some want to ensure that their children, not their spouses, inherit their assets. This could be because they have children from a previous relationship or want to protect their future children’s inheritance.
A prenuptial agreement can be used to protect a business that someone has built before getting married. The business has its own assets, and the business owner wants to ensure that the assets are protected in case of a divorce. They may also want to protect their spouse from the debt incurred by the business.
If a couple believes their financial situation will change significantly soon, they may want to include a provision in their divorce agreement specifying who will pay alimony or spousal support. This can help to avoid potential conflict down the road.
A prenuptial agreement is a contract that two people sign before marriage. This contract outlines what would happen to the couple’s assets and property if they were to divorce. Every couple has different needs and wants, so it is important to talk to an attorney to ensure that the prenuptial agreement is properly structured.
Prenuptial agreements are legally binding contracts between two people who are planning to marry. The agreement typically outlines each person’s financial rights and responsibilities during the marriage and what will happen to their assets if the marriage ends in divorce.
Prenuptial agreements can be a useful tool for protecting your assets and ensuring financial stability in the event of a divorce. However, it is important to consult with an experienced family law attorney to ensure that your agreement is valid and enforceable under Florida law.
Dorsey Law JAX specializes in a wide range of family law issues. We provide all services under family law, from injunctions against domestic violence to divorce processes. We work to negotiate settlements but will fearlessly take a case to trial when necessary. If you are looking for a family lawyer in Jacksonville, Florida, we are more than willing to help. Get in touch with us today and let’s talk!
October 5, 2022
Out of all the various phases and procedures involved in a personal injury lawsuit, being deposed is the one that tends to give injury victims the most anxiety. However, an effective, well-prepared, and thorough deposition is necessary and crucial to the success of your case. The key to relieving your anxiety over a deposition and the key to ensuring that your deposition goes smoothly are one and the same: preparation.
What are Depositions?
In layman’s terms, a deposition is simply a question-and-answer session between the attorney for the plaintiff (the person filing the lawsuit) and the attorney for the defendant (the person being sued). The deposition is conducted under oath, which means that the answers given during the deposition are considered to be legally binding. The deposition is conducted outside of court, in a conference room, or some other agreed-upon location.
The purpose of the deposition is to allow the attorneys to ask questions of the witnesses in the case and to obtain evidence that can be used at trial. The deposition is also an opportunity for the attorneys to assess the witness’s credibility and to gauge the witness’s ability to testify effectively at trial.
What Happens During a Deposition?
During a deposition, the attorneys will take turns asking the witness questions. The attorney who is not asking the questions at the time will be present in the room, along with a court reporter or stenographer, who will create a written record of the deposition. The attorney who is asking the questions will typically start by asking the witness to state their name and address for the record. The attorney will then ask the witness questions about the facts of the case.
The attorney may also ask the witness questions about their background, education, work history, and other topics that are relevant to the case. The attorney may also ask the witness to provide opinions about the case. For example, the attorney may ask the witness whether he or she believes that the defendant was negligent.
Tips on Acing Your Deposition
Before your deposition, you should review all of the documents related to the case, including police reports, medical records, and any other documents you have received from the attorney. You should also review any statements that you have made about the case, including statements to the police, statements to your insurance company, and statements to the attorney.
Think About the Questions That Will Be Asked
The attorney who is taking your deposition will ask you questions about the facts of the case. They will also ask you questions about your background, education, work history, and other topics that are relevant to the case. You should take some time to think about the questions that the attorney is likely to ask you.
Practice Answering the Questions
Once you have thought about the questions that the attorney is likely to ask you, you should practice answering them. You can practice by yourself or with someone else. If you practice with someone else, you should have that person ask you the questions that the attorney is likely to ask.
It is important that you be honest when you answer the questions during your deposition. If you are not honest, the attorney may catch you in a lie, and that could damage your case.
Listen to the Question and Take Your Time
When the attorney asks you a question during your deposition, you should listen carefully to the question. You should make sure that you understand the question before you answer it. You should also take your time in answering the question. If you do not understand the question, you can ask the attorney to repeat the question or explain it differently.
If you are involved in a personal injury case in Florida, it is important to know about the deposition process. A deposition is a formal interview conducted by the attorney for the other party, during which the witness is placed under oath and asked questions about the case. The answers given during a deposition can be used in court, so it is important to be honest, and to consult with an attorney beforehand.
If you want to ensure you’re not missing out on preparation for a personal injury case deposition, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.
October 3, 2022
In Florida, unwed mothers and fathers have certain rights when it comes to their children. If you are an unwed parent in Florida, it is important to know what your rights are so that you can make informed decisions about your child’s future.
Why Does the Mother Get Sole Custody?
Under Florida law, the mother of a child is automatically given sole legal and physical custody of the child if the child is born out of wedlock. The father has no legal rights to the child unless he establishes paternity.
Some people believe that unmarried parents’ custody laws are unjust because the mother automatically receives sole custody after the child is born. In these situations, the father has no legal right to visit the kid, which many fathers find unfair. However, the same legislation prohibits unmarried women from requesting child support from fathers without a paternity test. As a result, if a father wants visitation rights, joint custody, or any influence over the child’s upbringing, he must take a paternity test to address the problem and move on with custody arrangements.
Unwed Parent Rights in Florida
Here are some facts that you need to know about your rights as an unwed parent in Florida:
1. You Have the Right to Establish Paternity for Your Child
If you are an unwed father, you have the right to establish paternity for your child. This can be done through a voluntary acknowledgment of paternity or through a court order. Once paternity is established, you will have the legal right to seek child support, visitation, and custody of your child.
2. You Have the Responsibility to Support Your Child
As an unwed parent in Florida, you have the legal responsibility to support your child financially. This includes providing for your child’s basic needs, such as food, shelter, clothing, and healthcare. If you are unable to support your child, you may be required to pay child support to the other parent or the state.
3. You Have the Right to Visitation with Your Child
If you are an unwed parent in Florida, you have the legal right to visitation with your child. This means that you can spend time with your child regularly and have a relationship with them. However, you do not have the right to custody of your child unless you establish paternity or obtain a court order.
4. You Have the Right to Object to the Adoption of Your Child
If you are an unwed father, you have the right to object to the adoption of your child. You can object to the adoption in writing or in court. You can also object to the adoption if you can prove that you are the child’s father and that you have been paying child support.
5. You Have the Right to Receive Child Support from the Other Parent
If you are an unwed mother, you have the right to receive child support from the other parent. You can get child support from the other parent by going to court or by asking the other parent to sign a voluntary child support agreement.
It is important to know your rights as an unwed parent in Florida. If you are not married to the child’s other parent, you may not have the same legal rights as a married parent would have. However, you can take steps to protect your rights and ensure that you are able to play an active role in your child’s life.
If you want to ensure you’re not missing out on your rights as an unwed parent, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.