April 6, 2023
Parental child abduction is a serious crime when one parent takes their child without the consent of the other parent or legal guardian. In Florida, parental child abduction is a criminal offense, and individuals who engage in this activity can be charged with a felony.
If you are dealing with parental child abduction, it is essential to know when the right time is to file a lawsuit.
What Is a Parental Child Abduction Lawsuit in Florida
Parental child abduction can happen when one parent takes their child without the consent of the other parent or legal guardian. This act is illegal and can have severe consequences for the parent who engages in it. In Florida, parental child abduction is a criminal offense, and individuals who engage in this activity can be charged with a felony.
A parental child abduction lawsuit in Florida is a legal action that parents can take to recover their child. The lawsuit seeks to have the court order the child’s return to the parent who did not take them. The court can also issue an order that restricts the parent who took the child from having contact with the child or the parent who did not take them.
Types of Abduction Parental Child Abduction Lawsuit in Florida
We will discuss the types of abduction in Florida and the laws that govern them.
1. Transporting the Child to Another State
Under Florida law, a parent who takes a child to a different state without the other parent’s consent can be charged with interference with custody. This is a third-degree felony that can lead to up to five years of imprisonment and a fine of up to $5,000. In addition, the parent may be required to return the child to the state and pay for any expenses incurred during the child’s return.
2. Moving the Child from Their Habitually Residential Country
Under the Hague Convention, ratified by the United States and most other countries, a parent who gets a child to another country without the other parent’s consent can be charged with international parental child abduction. This can result in criminal charges, fines, and the requirement to return the child to their habitual residential country.
When to File Parental Child Abduction Lawsuit in Florida
If you suspect your child has been kidnapped, report it immediately to the authorities. Delaying the notification will make it more challenging to locate your child and decrease the chances of you getting them back.
Florida law defines parental child abduction as the removal, concealment, or retention of a child by a parent, stepparent, grandparent, or other family members without the legal guardian’s consent. If you are the victim of parental child abduction, you can file a lawsuit to seek custody of your child and hold the abductor accountable.
To file a parental child abduction lawsuit in Florida, you must have legal custody of the child or have the right to seek custody. You must also provide evidence that the other parent has taken the child without your consent or has violated a court order regarding custody, visitation, or relocation.
Once you file a lawsuit, the court will schedule a hearing to determine custody of the child. The court may also issue a temporary restraining order to prevent the abductor from taking the child out of Florida or removing the child from your custody.
Suppose the court finds that the parent has committed parental child abduction. In that case, they may order the abductor to return the child to you, award you sole custody, or impose criminal penalties.
Conclusion
Parental child abduction is a severe offense that can have lasting consequences for both the parent and the child. If you suspect the other parent has abducted your child, it is vital to take immediate action. Contact law enforcement and an attorney, and gather evidence to help you locate your child and bring them back home safely.
Dorsey Law JAX is a top-notch legal firm specializing in family law. Our team of skilled attorneys has the knowledge and expertise to handle various family law matters, including divorce, child custody, and adoption. If you are running a family law issue in Jacksonville, do not hesitate to contact Dorsey Law JAX and schedule a consultation with their experienced attorneys.
March 30, 2023
With the divorce rate in the United States continuing to climb, it is important to stay informed about the state of divorce in the country. In particular, Florida, one of the most populous states in the US, has seen a steady increase in the number of divorces in recent years. So, what can we expect from Florida divorce statistics in 2023?
Current State of Divorce in Florida
2020 was a tumultuous year for many, and it appears that the divorce rate in Florida was no exception. Due to the pandemic, divorce cases in the state decreased significantly. People were unable to access the resources and legal proceedings necessary to finalize a divorce, resulting in a decrease in filings. As a result, the number of divorces in Florida declined substantially.
Nevada had the most divorces per person in 2021, with 4.5 divorces for every 1,000 people. Illinois and Massachusetts had the least divorces, with 1.3 and 1.0 per 1,000 people, respectively.
According to recent estimates, approximately half of all marriages in the U.S. will end in divorce, although the exact figure is estimated to be between 40 and 50 percent. In fact, in 2021, out of 1,985,072 marriages, there were about 689,308 divorces or about 2.5 per 1,000 population (45 reporting States and D.C.).
Florida is one of the top 10 highest states that has the highest number of divorce rates, with 3.6 divorces per 1,000 Floridians or about 13%. Florida cities that contribute to this high divorce rate include Live Oak (11%), Defuniak Springs (10.0%), Starke (10.0%), Lake City (10%), and Springfield (9%).
In the past few years, the divorce rate in Florida has been greater than the national average. By the end of 2022, the rate of divorce in the US had dropped to 2.3 persons per 1,000, based on data from 45 states. Comparatively, the divorce rate in Florida is still higher than the national rate.
What Are the Factors that Contribute to Divorce Rates in Florida
Divorce is an unfortunate reality in many relationships, and Florida is no exception. There are many reasons why couples in Florida get divorced, but some common causes stand out.
Marital Infidelity
Many divorces in Florida are due to marital infidelity. While this may seem like an obvious factor, it is still one of the most common reasons for divorce in the state. In fact, studies have shown that over 40% of divorces in Florida are due to infidelity. This is likely due to the prevalence of dating apps and websites, as well as the ease of connecting with people online.
Financial Issues
Financial issues are another major cause of divorce in Florida. Money problems can be a major source of tension in a marriage, and when couples are unable to resolve their differences, it can lead to divorce. This can be especially true in Florida, where the cost of living can be quite high.
Incompatibility
Incompatibility is another major factor in many Florida divorces. Over time, couples can drift apart and no longer be compatible. This can be due to a variety of factors, such as changes in career, lifestyle, or interests. When couples are no longer compatible, divorce may be the only option.
Education
Education is a factor that can play a role in Florida divorces. In some cases, a spouse may have invested heavily in their own education. In other cases, a spouse may have put their own education on hold to focus on raising the family, only to find that the marriage isn’t fulfilling the expectations they had. In either case, education can be a source of frustration and dissatisfaction that can lead to divorce.
Conclusion
Divorce is an increasingly common reality in Florida, with a steady increase in divorces in recent years. While there are many reasons why couples in Florida get divorced, marital infidelity is the most common cause. Financial issues, incompatibility, and education can also be sources of friction that lead to divorce. It is important for couples in Florida to be aware of the potential causes of divorce so that they can take steps to prevent it from happening. With the right support and resources, couples can work to strengthen their relationships and prevent divorce.
Divorce can be emotionally and financially draining. That’s why at Dorsey Law JAX, we have a team of experienced divorce lawyers who deeply understand the legal system surrounding divorces and make the process as seamless as possible. We’ll be with you every step, offering advice and guidance as you make decisions regarding the division of assets, child support, and other critical matters. We will also work closely with you to ensure that the outcome of your divorce is in your best interests. No matter what stage of the divorce you are in, our team of experienced divorce lawyers will be here to make the process easier. Let us help you make informed decisions to get the best possible outcome for your divorce. Schedule an appointment with us today!
March 17, 2023
Divorce is never easy, especially for those of high net worth. When navigating the complexities of divorce for those with a high net worth in Florida, there are certain dos and don’ts to remember.
These dos and don’ts cover everything from handling assets to handling communications with your ex-spouse. Knowing the dos and don’ts of high net-worth divorce in Florida can help ensure the process is as smooth and stress-free as possible.
What Is a High Net-Worth Divorce in Florida?
A high-net-worth divorce in Florida is a divorce where one or both parties have a high net worth. This generally means that the total combined assets of both parties exceed $1 million. Divorces involving high net worth can be much more complex than a typical divorce, and they require an experienced attorney to ensure that both parties’ interests are protected throughout the process.
In a high net-worth divorce, many more assets must be considered when dividing property. This includes everything from stocks and bonds to real estate investments and vacation homes. In addition to property division, there are spousal support issues, tax implications, and child support.
The process of a high net-worth divorce in Florida begins with filing a petition for dissolution of marriage. The petition outlines the grounds for the divorce and any requests for financial support or other matters.
Both parties must then submit financial affidavits and sworn statements about their income, assets, and debts. Once these documents are filed, the parties can negotiate a settlement agreement. If the parties cannot agree, the matter may proceed to trial.
In Florida, the court will divide the assets and debts of the parties based on the equitable distribution standard. This means that the court will consider the contribution of each party to the marriage, the length of the marriage, and the economic circumstances of both parties. The court will also consider the earning capacity of each party and any contributions of either party to the other’s assets.
Dos and Don’ts of a High Net-Worth Florida Divorce
If you are a high-net-worth individual living in Florida and considering divorce, there are a few things you should be aware of. Divorces involving high-net-worth individuals can involve complex financial and legal issues, and you must understand the process and the potential outcomes. Here are some dos and don’ts to keep in mind:
Do:
- Obtain Legal Representation – You must obtain legal representation from a qualified attorney with experience dealing with high-net-worth divorce cases. Your attorney can advise you on your rights and responsibilities throughout the process, and they will be able to help you protect your assets and interests.
- Gather Documentation – Make sure you have all the necessary documentation for your finances and assets. This includes bank statements, tax returns, real estate deeds, and other financial documents.
- Collect Valuable Items – If you have valuable items, such as artwork or jewelry, collect them so they can be divided in the divorce.
- Prepare for Negotiations – If you and your spouse can reach a settlement agreement, you must be prepared to negotiate. Your attorney can help guide you through this process and ensure your interests and rights are protected.
Don’t:
- Sign Anything Without Consulting an Attorney – Do not sign any documents or agreements before consulting with your attorney. You must understand the implications of anything you sign, and your attorney can help you make sure that you are making the right decisions.
- Hide Assets – Do not hide any assets or attempt to manipulate your financial situation to gain an advantage in the divorce. Doing so could result in legal consequences, and all assets must be accurately accounted for during the process.
- Neglect Your Finances – Ensure you are keeping track of your financial situation and taking steps to protect your assets. This includes making sure that you are making payments on loans, keeping up with taxes, and monitoring your credit score.
- Ignore Legal Deadlines – Ensure you are aware of any legal deadlines that must be met throughout the process. Your attorney can help you stay on track and ensure you meet all the requirements.
Conclusion
By understanding the dos and don’ts of high-net-worth divorce in Florida, you can ensure that the process is handled properly and that your interests and rights are protected. High-net-worth divorces in Florida can be complex and time-consuming.
However, with the help of an experienced attorney, the process can be made much easier. An attorney can help both parties understand their rights under the law and ensure that each party’s interests are protected throughout the process.
Dorsey Law JAX is one of the top attorneys specializing in family law, criminal law, and personal injury. Contact us to speak with a divorce lawyer!
