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.
January 5, 2023
While marriages are happy unions, some married couples make the difficult decision to end their relationship. This feat could be challenging, and the ensuing stages can be difficult as well. This is why it is critical to find an experienced attorney. The importance of hiring a divorce lawyer is getting the legal representation you need throughout the divorce process according to the state laws you are in.
As you take on a divorce of your own, an effective strategy is to get the best attorney you can hire in able to move forward. Read on to discover how you can get the best Florida divorce lawyer.
Know the Responsibilities of a Divorce Lawyer
When considering divorce, you may wonder if you need an attorney. Because lawyers are expensive, it may be tough to justify hiring an attorney if you stand to lose a significant amount of money in your divorce.
The truth is that when you do not hire an attorney, you lose even more. You may agree to an unfavorable divorce result or fail to comply with procedural requirements that impair your case if you do not have legal representation.
Family law lawyers and divorce lawyers aim to establish a legal and equitable settlement that is in your best interests. With legal representation, you have a fighting chance to get the best out of your divorce.
Know Your Attorney’s Objectives and Experience
Speaking with various attorneys will assist you in selecting the best one. Once you are in this stage of choosing your lawyer, interview them and ask critical questions, such as previous cases, experience, background in Florida family law, and so on. Know the lawyer’s strategy and see how they fit the goals you want to achieve. After this stage, you can then compare their responses.
Beyond the interview, you must be able to determine the level of discretion the lawyer can provide you. For example, you should be able to tell the truth to your attorney. After all, your opening questions to an attorney will be determined by the facts of your case.
Skilled lawyers will notify you when extra documentation is required and what to expect as the procedure progresses. Once you’ve decided on a family lawyer, let them know your preferred method of contact so they can keep you updated. Multiple rounds of offers and counteroffers may be required before both parties reach an agreement.
Know What to Disclose with Your Divorce Lawyer
This part is all about getting personal. When you accept legal counsel, you are protected by the attorney-client privilege. This implies that everything you tell your attorney in confidence is protected by attorney-client privilege; a lawyer who abuses this privilege faces disbarment and criminal prosecution.
Even if you want to keep some information secret, supplying your divorce attorney with more information helps them build the best case. If you supply your divorce attorney with as much information as possible, you may be surprised at which details become valuable.
Ask Your Peers for Referrals
Asking for referrals from friends, family, and coworkers will help you find a divorce lawyer who exudes confidence and has a track record of success. However, you must remember that examining potential candidates means you do not limit your options based on what others say. Take into account your own instinct so as not to miss out on superior legal counsel.
Understand the Process of Divorce Proceedings
Divorce time varies according to separating couples’ willingness to cooperate, the complexity of their financial problems, and other factors. Such factors may also be influenced by Florida divorce laws. Moreover, when there are intricate financial issues in a divorce, or the parties are unwilling to discuss a compromise, litigation might endure for much longer than is expected.
Conclusion
Indeed, there are ways to ease divorce proceedings. With the best divorce lawyer on your side, you can lessen the stress of divorcing your spouse. Simply keep this guide in if the time comes when you are in search of reliable legal counsel.
If you’re ready to take on your divorce proceeding, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us today at (904) 394-2865.
December 30, 2022
Spousal support, also known as alimony, is a court-ordered payment made from one former spouse to the other upon the dissolution of a marriage. In Florida, the court can award alimony to either spouse upon divorce or legal separation. Here are some things you should know about spousal support in Florida.
The Court Considers Several Factors
The court considers several factors when deciding whether to award alimony and the amount of alimony to be paid. These factors include the length of the marriage, the ages of the spouses, the financial needs of each spouse, and the standard of living the couple enjoyed during the marriage.
The court also takes into account the ability of each spouse to pay spousal support. For example, if one spouse has more financial resources than the other, the court may award a larger amount of spousal support to the spouse with fewer resources.
Similarly, if the spouse with more resources is able to pay more, the court may award a larger amount of support.
There Are Different Types of Alimony
The different types of alimony that can be awarded in Florida include bridge-the-gap alimony, rehabilitative alimony, durational alimony, and permanent alimony.
Bridge-The-Gap Alimony
Bridge-the-gap alimony is meant to help the receiving spouse bridge the gap between the end of the marriage and the beginning of a new life and is not intended to be a long-term form of support. It is meant to cover the costs of things like relocation, job training, or other expenses related to becoming financially independent.
As such, it is typically not renewable and is not modifiable, meaning the amount and duration of the alimony cannot be changed, even if the receiving spouse’s financial situation changes.
Rehabilitative Alimony
Rehabilitative alimony is often used in cases where the receiving spouse is at a significant disadvantage in the job market, such as due to a lack of education or job experience. By providing the receiving spouse with financial support, they are able to focus on improving their skills and increasing their earning potential.
This type of alimony is also useful in cases where one spouse has been out of the workforce for an extended period of time, such as due to child care or caring for an elderly relative.
Durational Alimony
Durational alimony is a specific type of alimony that is designed to provide financial assistance for a set time rather than for an indefinite period of time.
The amount of alimony is usually based on the length of the marriage, the income of both parties, and the lifestyle that was established during the marriage. The duration of alimony is usually determined by the court but can be extended if necessary.
Permanent Alimony
Permanent alimony is a form of financial support intended to help a spouse maintain the same quality of life they enjoyed during the marriage. It is typically awarded when the receiving spouse is unable to become self-supporting and is paid until either the receiving spouse remarries or either spouse dies.
The Alimony Can Be Modified or Terminated
The alimony can be modified or terminated if there is a substantial change in circumstances. For example, if the receiving spouse remarries or the paying spouse loses their job, the alimony order may be modified or terminated.
The Alimony Is Considered Taxable Income
The alimony is considered taxable income to the receiving spouse, meaning that they are required to report it on their taxes and may be required to pay taxes on it. This is important to keep in mind when determining the amount of alimony to be paid or received.
Conclusion
It is important to understand the basics of spousal support in the state of Florida. Spousal support is intended to help an individual transition to a lifestyle that is more financially stable and independent. When making the decision to pursue alimony, the court considers several factors
When deciding on the amount and duration of spousal support, the court also takes into account the lifestyle of the parties during the marriage, the contributions of each spouse to the marriage, and whether there is any need for rehabilitation.
It is also important to remember that spousal support can be modified or terminated if the circumstances of either spouse change significantly. In any case, it is strongly advised to seek qualified legal assistance to ensure that the rights of both parties are protected.
Whether you are the one initiating the divorce or you are on the receiving end of it, it can be difficult to know where to turn for help. If you are looking for an experienced attorney in Jacksonville, Florida, to help you through your divorce, Dorsey Law JAX is here to help. Our team of experienced attorneys is dedicated to providing you with the best legal representation possible. Contact us today to get started!
