January 27, 2023
The decision to end a marriage is never easy; it can be even more difficult to know what to do next. That said, getting a competent lawyer to represent you is crucial. Hiring a divorce attorney is like having an advocate by your side during the whole ordeal.
There are a lot of factors to think about, but if you can narrow your focus to which lawyer to hire, your goals, and the best way to address the problem, you may be able to make some progress. To have the life you want after divorce, you need to choose a good family lawyer.
The Importance of Recognizing Your Own Individual Needs
Recognizing your specific divorce-related demands is a prerequisite to either hiring or beginning the search for a divorce attorney. Do you, say, have any children? If you do, you’ll need to consider things like child custody and child support as you go through the divorce process. Do you have a high-asset marriage? Is there a business you and your spouse own that needs to be appraised and divided when you get divorced?
Divorce-related concerns aren’t the only ones worth thinking about for yourself and your children. You should also give some thought to the connection you want to have with your divorce attorney and how active you want to be in the proceedings. How hands-on do you wish to be in this case, or would you rather have your lawyer handle most of the details?
The Background, Experience, and Specialization of Your Attorney
You should begin looking for a divorce attorney once you have decided what is most important to you in a divorce, how you want to communicate with your attorney, and how much you are willing to pay. Here are some questions that you should ask any potential lawyers you’re interviewing:
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“What Are the Typical Circumstances of the Divorce Cases You Handle?”
There are divorce attorneys who specialize in high-asset divorces, divorces with children, and divorces between people over the age of 50. When looking for a divorce lawyer, it’s important to find one who has handled situations like yours before.
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“When Did You First Start Working as a Family Lawyer?”
There’s no shame in being a relatively fresh attorney, but as the old adage goes, “practice makes perfect.” It’s likely that your divorce attorney will be better able to represent your interests and handle any tricky issues that come up if they have more expertise in similar cases.
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“Is It More Common for You to Settle Cases or Take Them to Court?”
Finding a lawyer that is an expert negotiator and can reach favorable settlements for their clients is crucial. You should find someone with experience representing clients in court. You should be able to rely on the counsel of an accomplished attorney in the event that your divorce case goes to court.
Choosing the Right Lawyer
You’ll need to find attorneys to interview before you can inquire about their rates, expertise, and availability. How should one go about selecting an appropriate legal counsel for a divorce proceeding?
A smart place to start is to find out if anyone you know personally has recently gone through a divorce and if they were satisfied with their divorce attorney. If you need legal representation, one of the finest things you can do is ask around for referrals.
The second step is to do an online search in your direct vicinity. Check out lawyer review sites and read client testimonials once you’ve narrowed down your list of potential local attorneys. Positive client feedback is a good indicator of how competent an attorney is.
Conclusion
Choosing the right lawyer for your divorce is a critical decision. It is essential to know what to look for and to consider the cost of the lawyer’s services. You should also review the lawyer’s experience and track record and determine if you feel comfortable talking to the lawyer and discussing your case.
Ultimately, it is important to find the right lawyer that meets your needs and provides the best possible outcome for your case.
If you are looking for well-trusted and experienced attorneys specializing in Divorce and Dissolution of Marriage in Jacksonville, FL, look no further than our experts at The Dorsey Law Firm. We are the top Jacksonville attorneys, and we offer our services in cases related to family law, criminal law, and personal injury. Contact us today, and let us handle your legal concerns for you.
January 19, 2023
When parents are no longer living together, they must agree on where their children will live. In some cases, a judge will make this decision. Depending on the age and maturity of the child, the judge may consider their preference. This article will describe how this preference is handled in Florida.
Custody Decisions in Florida
When parents cannot decide how to divide parenting responsibilities and visitation time, a judge will decide for them. After both parents present evidence and arguments to the court, the judge will create a plan that is in the child’s best interest. This plan will include a visitation schedule and parental responsibilities that the judge believes are most suitable.
In the Child’s Best Interests
Time-sharing and decisions about parental responsibility for a child are based on what is best for them. Any custody hearings aim to figure out a parenting arrangement suitable for the child’s needs. Unlike other states, Florida’s custody laws require a judge to consider a parent’s morality when deciding.
A parent’s moral fitness refers to any matters that could affect the child’s moral and ethical development, such as substance abuse, having multiple partners, or any illegal activities. To decide, a judge will consider the effect of a parent’s extramarital relationship on the child.
Considering the Child’s Opinion in the Custody Decision
In Florida, the age at which a child can choose which parent to live with is not set in stone. Instead, the judge will consider the child’s maturity level, intelligence, understanding of the decision, and experiences with both parents before making a decision. The judge will assess these factors to determine whether the child is mature enough to decide which parent to live with.
The age at which a child can decide which parent to live with can vary depending on the circumstances. The court will consider the child’s preference and all other relevant factors, but the court is not obligated to decide based solely on the child’s opinion. The court will investigate if a parent influences the child’s opinion, and the court will make independent decisions for each child.
Are Minors Required to Testify in Court?
In Florida, a child is not required to testify in a family law court case. The court is very mindful of the fact that minors should be kept out of these proceedings. If necessary, a judge may allow a child to speak in court, or the court may have an expert, such as a licensed mental health professional, guardian ad litem, or custody evaluator, speak on behalf of the child. Additionally, the judge may take the child into their chambers to hear what they have to say. If this is done, a court reporter must be present to record the child’s words and for the judge to consider in their decision.
Conclusion
The primary consideration in Florida custody hearings is the child’s best interests. Factors such as the child’s age, emotional bond, mental and physical health, and individual preferences are all considered. It is important to note that while the child’s preference is given due consideration, it is not the sole factor in determining the outcome. Ultimately, the court must decide based on the child’s best interests that preserve the child’s health, safety, and welfare.
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 divorce attorney in Jacksonville, FL, we are more than willing to help. Get in touch with us today and let’s talk.
January 12, 2023
In Florida, when determining child custody, the court considers what is in the best interest of the child. The court may rule that both parents should share custody, meaning they both have a legal right to make decisions about the child’s life and have a say in the day-to-day care and upbringing of the child.
The court also determines a parent’s legal rights and visitation, which outlines how much time each parent will spend with the child. In this guide, we explore exactly how Florida custody laws apply when a parent or guardian dies.
Naming a Guardian for a Minor Child
When a parent dies, their last wishes are typically laid out in a will. This is where they can name a guardian for their child. The court may also appoint a guardian if there is no will or if the will is contested.
If the parent has named a guardian in their will, the court will usually honor this decision. The guardian should be a responsible adult willing and able to care for the child. The court may also consider if the guardian is a good fit for the child and their family situation. If a guardian is appointed, they will have the same rights and responsibilities that a parent would have. This includes decisions about the child’s upbringing, education, and healthcare.
If the parent did not name a guardian in their will, the court would make the decision based on the best interest of the child. The court will consider which family members are available and willing to care for the child, as well as any other factors that may impact the child’s well-being.
Awarding Custody to a Surviving Biological Parent
If the deceased parent has a surviving biological parent, the court will usually award custody to them. The surviving parent must be able to provide a safe and stable home environment for the child. The court may also consider the relationship between the parent and child, as well as the parent’s ability to meet the child’s physical and emotional needs.
If the surviving parent is deemed unfit to care for the child, the court may award custody to another family member or to a non-family member. The court will consider the same factors as when awarding custody to a surviving parent.
Step-Parent Adoption: Is it Possible?
It is possible for a step-parent to adopt a child in some circumstances. Generally, the birth parent must first give up their parental rights through a process known as a relinquishment of parental rights.
This may be voluntary or involuntary. In some cases, the step-parent may also need to obtain the consent of the other parent if they are still alive. Once the parental rights of the birth parent have been relinquished, the step-parent can then petition the court to adopt the child.
Conclusion
Florida child custody laws are complex and vary depending on the circumstances. Ultimately, the court’s goal is to ensure that the child or children are in the best possible environment, and will make a ruling that is in the best interest of the child or children.
To learn more about child custody in Florida, Dorsey Law JAX can help you out. We are family law practitioners dedicated to helping families with any legal matters. Get in touch with us today to learn how.
