July 6, 2023
When a child’s parents cannot care for them, it can be difficult and painful for everyone involved. In Florida, there are two primary legal options for providing care for children in these situations: custody by extended family members and guardianship. Both options have unique benefits and drawbacks, and it’s essential to understand their differences before making any decisions.
Custody by Extended Family Members
Custody by extended family members is a legal option in Florida that allows a relative of the child to take over care and custody of the child. This can be a grandparent, aunt, uncle, or other close family member.
Moreover, custody by extended family members is typically used when the child’s parents are still alive but cannot provide adequate care for the child due to issues such as substance abuse, mental illness, or incarceration.
To obtain custody by extended family members, the relative must petition the court to demonstrate that they can provide the child with a safe and stable home. The court will consider several factors when determining custody, including the child’s best interests.
One of the primary benefits of custody by extended family members is that it allows the child to remain within their extended family network, which can help to minimize disruption and trauma for the child.
Additionally, custody by extended family members typically results in less involvement from the state than guardianship, which can benefit families who wish to maintain more control over the child’s care.
However, custody by extended family members does have some drawbacks. For one, it does not provide the same level of legal authority as guardianship. Custody by extended family members only grants the relative the right to make decisions regarding the child’s care and custody. Still, it does not allow them to make decisions regarding the child’s education, medical care, or other vital matters.
Custody by Guardianship
Guardianship is another legal option for providing care for children in Florida. Guardianship is typically used when the child’s parents are deceased or cannot provide adequate care due to substance abuse, mental illness, or incarceration.
To obtain guardianship, the potential guardian must submit a petition to the court, demonstrating that they can offer the child a secure and stable home. When determining guardianship, the court will consider several factors, including the child’s welfare.
One of the primary benefits of guardianship is that it provides the guardian with a greater level of legal authority than custody by extended family members. A guardian can make decisions regarding the child’s care, custody, education, medical care, and other essential matters. This can be particularly important when the child requires specialized medical care or educational services.
However, guardianship also has some drawbacks. One potential drawback is that it can be a more involved and complex legal process than custody by extended family members. Guardianship typically requires more court involvement, and the guardian may be required to submit regular reports to the court regarding the child’s well-being.
Additionally, guardianship may result in more involvement from the state than custody by extended family members. This can be a benefit in some situations, as the state may be able to provide additional resources and support for the child. However, it can also be a drawback for families who wish to maintain more control over their child’s care.
Which Option Is Right for You?
Deciding between custody by extended family members and guardianship can be difficult. Ultimately, the decision will depend on the specific circumstances of your situation and what is in the child’s best interests.
If the child’s parents are still alive and you wish to maintain more control over the child’s care, custody by extended family members may be the best option. This can allow the child to remain within their extended family network and result in less involvement from the state.
Guardianship may be the best option if the child’s parents are deceased or unable to provide adequate care. This can give the guardian greater legal authority and can be particularly important when the child requires specialized medical care or educational services.
It’s important to remember that custody by extended family members and guardianship are legal options that provide children with a safe and stable home. By working with an experienced family law attorney, you can determine which option is best for your situation and ensure that the child’s best interests are protected.
Conclusion
Family law custody in Florida is a complex process, and ensuring you have suitable representation to protect your rights and secure the best possible outcome for you and your children is crucial. Hiring a family lawyer can help you understand your options and navigate the legal process safely and effectively. Ultimately, hiring a family lawyer can provide peace of mind, knowing that your case is in the hands of an experienced professional.
Dorsey Law JAX has a team of experienced family lawyers in Jacksonville who guide you through the process and protect you and your children’s interests. Our attorneys specialize in family law, criminal law, and personal injury, and we are equipped to handle any challenges that may arise during custody. Contact us now to schedule a consultation and take the first step toward a positive outcome for you and your family.
June 1, 2023
Taxes can be a confusing and overwhelming topic for many, especially when understanding the rules for claiming dependents. One common question that arises for parents in Florida is whether they can claim a child on their taxes if the child does not live with them. In this blog, we will provide a comprehensive overview of the Internal Revenue Service (IRS) rules for claiming dependents, the qualifications for a child to be considered a dependent, the potential tax benefits of claiming a dependent, and how a family lawyer can help navigate this complex process.
Who Is a Qualifying Child?
A qualifying child is a dependent who meets specific criteria set by the IRS. To be considered a qualifying child, the child must:
- Be related to you (either your child, stepchild, foster child, sibling, or a descendant of any of these)
- Be under the age of 19 at the end of the tax year (or under 24 if a full-time student)
- Live with you for more than half the year
- Not provide more than half of their own support
- Not file a joint tax return (except to claim a refund)
However, these rules have certain exceptions, particularly in cases of divorce or legal separation. The IRS allows a noncustodial parent to claim a child as a dependent if the parent signs a written declaration (IRS Form 8332) agreeing not to claim the child as a dependent for that tax year.
What Are the Tax Benefits of Claiming a Dependent?
Claiming a dependent on your taxes can provide several tax benefits, including:
1. Exemptions
For tax years before 2018, you can claim an exemption for each qualifying child, which reduces your taxable income. However, this exemption has been suspended for tax years 2018-2025 due to the Tax Cuts and Jobs Act.
2. Head of Household filing status
If you are unmarried and support a qualifying child, you may be eligible to file your taxes using the Head of Household filing status, typically resulting in a lower tax rate and a higher standard deduction.
3. Earned Income Tax Credit
If you have a qualifying child and meet certain income requirements, you may be eligible for the Earned Income Tax Credit. This refundable tax credit can significantly reduce your tax liability.
How Can a Family Lawyer Help?
Navigating the complex rules and regulations surrounding claiming dependents on your taxes can be daunting. A family lawyer with experience in tax law can provide valuable guidance and support throughout this process. They can help you:
- Understand the IRS rules for claiming dependents and how they apply to your situation.
- Determine whether your child qualifies as a dependent and if you are eligible for any tax benefits.
- Assist with preparing and submitting any necessary forms to ensure you comply with IRS requirements.
- Provide legal advice and representation in a dispute or disagreement with the custodial parent regarding claiming the child as a dependent.
- Ensure you maximize your tax benefits while adhering to all applicable tax laws.
Conclusion
Claiming a child as a dependent on your taxes in Florida when the child does not live with you can be a complicated process, but it is possible under certain circumstances. Understanding the IRS rules for qualifying children and the potential tax benefits can help you make informed decisions about your tax filing. A knowledgeable family lawyer can provide invaluable assistance in navigating these complex regulations and ensuring you comply with all requirements.
If you are facing any family law issues, don’t hesitate to contact us at Dorsey Law JAX. Our experienced family lawyers can provide you with guidance and representation in all aspects of family law, from injunctions against domestic violence to divorce and post-judgment modifications of support and custody.
May 25, 2023
Blended families are becoming increasingly common in modern society, with more and more people marrying or forming relationships with partners who have children from previous relationships. While these families can be wonderful and fulfilling, they can also present unique challenges when dividing property during a divorce. In this article, we will explore some key considerations for dividing property in a blended family.
What Is a Blended Family?
A blended family is a family that includes children from a previous relationship or marriage of one or both partners. These children may live with the blended family full-time, part-time, or not at all. In some cases, both partners may have children from previous relationships, resulting in a complex web of family relationships.
Why Is Dividing Property in a Blended Family Different?
Dividing property in a blended family can be more complicated than in a traditional nuclear family for several reasons:
1. Multiple Households
In a blended family, multiple households may be considered when dividing property. For example, one partner may own a home they shared with their ex-spouse and children prior to the current relationship, while the other partner may own a separate home they shared with their children. Dividing property in this scenario can be challenging, as each partner may have emotional attachments to their respective homes.
2. Stepchildren
Stepchildren may have legal rights to certain property, depending on the laws of the state in which they reside. This can complicate matters when it comes to dividing property, as stepchildren may have a claim on assets that the biological children of one partner do not.
3. Unequal Contributions
In some blended families, one partner may have significantly more assets than the other partner due to their prior relationships or marriages. This can create tension when dividing property, as the partner with fewer assets may feel entitled to a larger share of the property to achieve a more equitable outcome.
Considerations for Dividing Property in a Blended Family
1. Communication Is Key
Dividing property in a blended family requires open and honest communication between both partners. It is important to discuss each partner’s emotional attachments to their respective homes and other assets, as well as any legal considerations that may impact the division of property.
2. Make a List of Assets
Before beginning the process of dividing property, it is helpful to list all assets owned by both partners, including any assets owned prior to the current relationship or marriage. This will help ensure that all assets are accounted for and can be divided fairly.
3. Consider the Needs of All Children
When dividing property in a blended family, it is important to consider the needs of all children involved, including stepchildren. This may mean that certain assets are allocated differently than in a traditional nuclear family to ensure that all children feel valued and included.
4. Seek Professional Advice
Dividing property in a blended family can be complex, and it is often helpful to seek professional advice from a family law attorney or financial planner. These professionals can guide on legal issues and help ensure that the division of property is fair and equitable for all parties involved.
Conclusion
Dividing property in a blended family can be challenging, but with open communication, careful consideration of all assets and legal considerations, and professional advice, it is possible to achieve a fair and equitable outcome. By keeping the needs of all children in mind and working together to find a solution, blended families can navigate this process successfully and move forward into the next chapter of their lives.
Looking for top-notch legal representation in family law, criminal law, or personal injury cases? Look no further than Dorsey Law JAX! Our team of experienced attorneys is dedicated to providing the highest level of legal representation to our clients in Jacksonville and beyond. Get in touch with us today!
