May 18, 2023
As a parent, divorce or separation can be one of the most challenging experiences you can go through. You have to deal with the emotional stress of ending a relationship as well as figure out how to divide your assets and, most importantly, determine the custody of your children.
In Florida, child custody laws can be complicated, and understanding the different types of custody can be confusing. To help you navigate this process, we’ve put together this guide that outlines the different types of child custody in Florida and their legal implications.
Legal Custody
This custody refers to the right of a parent to make crucial decisions regarding their child’s upbringing, including education, healthcare, and religious practices. There are two types of legal custody: sole and joint.
Sole Legal Custody
When a court grants sole legal custody, one parent has the exclusive right to make all significant decisions regarding the child’s welfare. The other parent may be allowed to make minor decisions, such as when the child should go to bed or what they should wear, but they have no say in major decisions.
Joint Legal Custody
In joint legal custody, both parents have equal rights and responsibilities when it comes to making important decisions regarding their child’s upbringing. This means that both parents must communicate and work together to make decisions that are in the best interest of their child.
Physical Custody
Physical custody refers to the actual physical care and residence of a child. There are two types of physical custody: sole and shared.
Sole Physical Custody
When one parent has sole physical custody, the child lives exclusively with them, and the other parent may have visitation rights or no contact with the child at all.
Shared Physical Custody
In shared physical custody, the child lives with both parents, and they split their time between each parent’s home. This arrangement can be challenging and requires both parents to communicate and cooperate to ensure the child’s well-being.
Split Custody
Split custody is a rare but possible arrangement in Florida. It occurs when a family has more than one child, and each parent has physical custody of at least one child. This arrangement can be emotionally challenging for both parents and children and may require additional support from a mental health professional.
Factors Considered by Florida Courts
When determining the type of child custody, courts in Florida prioritize the best interests of the child. The court will consider several factors, including but not limited to:
- The child’s age, gender, and physical and emotional health
- The child’s relationship with each parent and other influential individuals in their life
- Each parent’s ability to provide for the child’s needs, including emotional and financial support
- Each parent’s willingness to encourage a relationship between the child and the other parent
- The child’s preference, if they are mature enough to express one
- History of domestic violence or substance abuse by either parent
Modifying Child Custody Arrangements
Child custody arrangements can be modified by either parent if there is a significant change in circumstances. For example, if one parent moves out of state or if the child’s needs change, a modification may be necessary. However, the court will only modify the arrangement if it is in the best interests of the child.
Conclusion
Navigating child custody in Florida can be challenging, but understanding the different types of custody and their legal implications can help you make informed decisions. Remember that the court’s priority is the best interests of the child, and both parents must work together to ensure their child’s well-being.
If you’re going through a divorce or separation and need assistance with child custody, it’s essential to seek help from an experienced family law attorney. They can guide you through the legal process and ensure that your rights are protected.
Do you need a family lawyer? Turn to Dorsey Law JAX. Our top attorneys specialize in family law, criminal law, and personal injury. Contact us!
May 4, 2023
Divorce is a difficult process, especially when it comes to dividing property. It is crucial to understand the property division laws in Florida to ensure a fair and equitable distribution. This article will explain what your lawyer wants you to know about property division in a Florida divorce.
1. Equitable Distribution
Florida is an equitable distribution state, meaning all marital property is divided fairly but not by definition equally. Marital property includes assets and debts obtained during the marriage, including real estate, bank accounts, retirement accounts, and personal property. Non-marital property, such as assets acquired before the marriage or through inheritance, is not subject to division.
2. Factors Considered in Property Division
Florida courts consider several factors when determining the equitable distribution of marital property. These factors include the full length of the marriage, the economic circumstances of each spouse, the contribution of each spouse to the union, and the desirability of retaining an asset, such as the marital home, for the benefit of any children.
Additionally, the court may also consider the contribution of each spouse to the acquisition, enhancement, or appreciation of the value of the marital property. This means that a spouse who contributed significantly to acquiring or improving a particular asset may be entitled to a larger share of that asset.
3. Debt Division
In addition to property division, debts incurred during the marriage are also subject to division. This involves credit card debt, student loans, and mortgages. Both spouses are responsible for repaying marital debts, regardless of whose name is on the account.
It is important to note that non-marital debts, such as those incurred before the marriage, are not subject to division. However, if a non-marital debt was paid off using marital funds, the court may consider that in the property division process.
4. Marital Settlement Agreement
In some cases, divorcing spouses may reach an agreement on property division without court intervention. This is a marital settlement agreement that an experienced family law attorney should draft.
A marital settlement agreement outlines how marital property will be divided, including real estate, bank accounts, retirement accounts, and personal property. It should also address the division of debts and any other financial obligations.
Once both spouses have agreed to the terms of the agreement, it must be signed and notarized. The agreement is then presented to the court for approval and becomes a legally binding contract.
5. Enforcement of Property Division Orders
If one spouse fails to obey the property division order, the other spouse may seek enforcement through the court system. This may include wage garnishment, seizure of assets, or other legal remedies.
Working with a seasoned family law attorney is important to ensure that the property division order is clear and enforceable. If there are any concerns about a spouse’s ability or willingness to comply with the order, it may be necessary to take additional legal action to protect your interests.
Conclusion
Divorce is a difficult process, especially when dividing property and debts. It is important to understand Florida’s equitable distribution laws and work with an experienced family law attorney to ensure a fair and equitable distribution of assets and debts.
A marital settlement agreement can help prevent conflicts and ensure both spouses are satisfied with the property division. If you have any concerns about property division in a Florida divorce, contact an experienced family law attorney today.
If you need assistance with family law in Florida, contact Dorsey Law JAX today. Our experienced attorneys are dedicated to helping you achieve a fair and equitable property division in your divorce. Don’t face this difficult process alone, let us guide you through it. Contact us now for a consultation.
April 27, 2023
Domestic violence is any behavior that threatens, intimidates, or harms a family member, partner, or spouse. It can take many forms, including physical abuse, sexual abuse, emotional abuse, and financial abuse.
Domestic violence can have severe consequences for the victim and the perpetrator, as well as for their families and communities. This article will explore the effects of domestic violence.
Physical Consequences
One of the consequences of domestic violence is physical harm to the victim. Domestic violence can result in bruises, cuts, broken bones, and other injuries.
Victims of domestic violence may require medical attention, including hospitalization, surgery, and rehabilitation. They may also experience long-term health problems, such as chronic pain, disability, and mental health issues, like depression or anxiety.
Emotional Consequences
Domestic violence can also have severe emotional consequences for victims. Victims may experience fear, anxiety, depression, and helplessness. They may also experience feelings of shame, guilt, and self-blame.
Witnessing domestic abuse can cause emotional stress in children, which may delay their emotional and cognitive growth. Additionally, victims of domestic violence may struggle with issues of trust and intimacy in future relationships.
Financial Consequences
Domestic violence can also have severe financial consequences for victims. Victims may lose their jobs due to missed work or be unable to work due to physical or emotional injuries. They may also incur medical expenses, legal fees, and other costs associated with domestic violence.
Additionally, perpetrators of domestic violence may use financial abuse to maintain power and control over their victims. Financial abuse can include controlling access to money, preventing the victim from working, and forcing the victim to take on debt.
Social Consequences
Domestic violence can also have social consequences for victims. Victims may experience isolation from friends and family due to shame or fear of retaliation from the perpetrator. They may also face stigma and discrimination from society, including negative attitudes toward victims of domestic violence.
Children who witness domestic violence may experience social isolation, as they may be afraid to invite friends or participate in social activities.
Legal Consequences
Restraining orders, which forbid the perpetrator from contacting or approaching the victim, can provide legal protection for domestic abuse victims. Perpetrators of domestic violence may face criminal charges, including assault, battery, and other offenses.
Domestic violence convictions can result in fines, probation, and incarceration. Long-term repercussions of a domestic violence conviction may include a criminal record, trouble finding employment, and difficulty finding housing.
Prevention and Intervention
Domestic violence is a complex issue requiring a comprehensive prevention and intervention approach. In Florida, several programs and services are available to domestic violence victims. These services include crisis hotlines, shelters, counseling, legal advocacy, and support groups.
Moreover, Florida has implemented a mandatory arrest policy for domestic violence cases, which requires law enforcement to arrest the perpetrator if there is probable cause that a crime has been committed.
Prevention efforts include education and awareness campaigns, training for professionals who work with victims of domestic violence, and community-based initiatives to promote healthy relationships and prevent violence. Prevention efforts also address the root causes of domestic violence, such as gender inequality, poverty, and substance abuse.
Conclusion
Prevention and intervention efforts are crucial to addressing domestic violence. These efforts include providing resources and services to victims, implementing legal protections, and promoting education and awareness about healthy relationships and preventing violence. By working together, we can create safer communities and help victims of domestic violence rebuild their lives.
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 Florida, we are more than willing to help. Get in touch with us today so that our team can help you.
