January 21, 2022
If you are considering getting a divorce in Jacksonville or any other part of Florida, consider consulting with an attorney before you move forward. Commencing your divorce without seeking legal counsel can lead to complications that can cause major issues; these issues could be avoided by speaking with an attorney who can advise you on what to expect and whether hiring a divorce attorney is the right step for you.
Divorce attorney consultation will help you to learn about specific issues that commonly arise in divorce cases and the dos and don’ts. It will also allow for points of view and advice that are particular to your situation.
Read on to learn more about signs that it’s the right time to hire a divorce attorney:
Abuse Or Domestic Violence Happened
An unfair divorce settlement can easily happen when an abusive partner becomes particularly manipulative. He or she will have no qualms dominating and/or intimidating you. Equal ground simply does not exist when there have been incidents of abuse or domestic violence. Having a divorce attorney goes beyond making sure things are settled well, it also helps in terms of security.
Joint Corporation or Business Involved
It can be tough to make corporate or business decisions when personal life gets in the way. Splitting things up during a divorce can get messy, tricky or both. Under these circumstances, an attorney can help you and your soon-to-be former spouse create a plan that works out well for both of you.
Many Complicated Issues
When you are going through a divorce, you must know what the divorce laws say. Especially if the following are up for (likely heated) discussion:
- Alimony
- Prenuptial agreements
- Property division
- Timesharing
A divorce attorney will be extremely familiar with the divorce laws of the state, since they tend to vary.
There Are Young Children To Consider
Most good divorce lawyers are aware that having children can be a major factor in a divorce, and if you foresee a child timesharing dispute or other child-related disputes, a divorce lawyer could help you settle them. Unfortunately, there are plenty of child-related issues that trigger parents to the point of arguments and outright bickering.
A great way for the issues to be handled and mediated is through having a divorce attorney at hand.
Things Are Not Well Between You and Your Spouse
If irreconcilable differences exist between spouses, it may be challenging for them to reach a settlement without someone mediating. Couples that reach a point where they can’t work together and agree on matters such as asset distribution, spousal support if any and/or child-related matters will need professional help. Irreconcilable differences will be navigated best with a divorce attorney’s help.
Conclusion
Going through a divorce already comes with quite a bit of stress. Major complications can arise if divorce proceedings happen without previous legal counsel, particularly with a divorce attorney. Clear signs that it’s time to hire a divorce attorney include abuse or domestic violence, many complicated issues and there are young children to consider.
Looking for a divorce attorney? Reach out to Dorsey Law JAX today! We’re top Jacksonville attorneys who specialize in personal injury, criminal law and family law.
December 30, 2021
Wherever you are, child custody is important, and it can absolutely change depending on what is best for the child. This is also true in the state of Florida. If a parent puts their child in any kind of danger, the court can revoke parental custody. If a claim is warranted, the judge will ensure that the child is rarely or never in their care.
Child Custody Is Never Taken Lightly
It should be noted that it’s important for the courts to get both sides of the story. They also need evidence that is beyond surface level and actually has substance. When a concerned parent’s claims are backed up by the findings, then the child will not be in the care of the harmful parent.
A parent can end up losing custody of their child if the situation is severe. Arguably the most common one, of course, is abuse. Repetitive violations of an existing agreement will bring an immediate adjustment as well.
Here are some of the reasons a parent can lose child custody in the state of Florida:
Child abuse is one of the gravest reasons why a parent will lose custody. So, if one parent accuses the other parent of child abuse, that is considered a serious matter, and the court will do a thorough investigation.
If the parent is proven guilty of abuse, their rights will be revoked. However, if the accusing parent is proven lying, they will be deemed as mentally unfit and will no longer be allowed custody.
This is a matter that’s not taken lightly. Note that the moment the accused is put under investigation, they will be under a temporary order preventing contact with the child. Worst of all, the child will be affected mentally and emotionally.
Getting Seen as an “Unfit” Parent
There are many scenarios that make a parent “unfit” to be a parent. For example, you can file a petition with the courts if another parent is unfit because the other parent abuses or neglects their children, or because the other parent abandoned their children. A parent can also be found unfit for other reasons, such as for having a drug addiction or mental health problems.
However, not all parents with drug addiction, mental health problems, or erratic behaviors are bad parents. The court just wants to make sure because there’s always the danger of abuse or neglect when the parent is under the influence or is mentally unstable.
A parent’s home address and living situation in general can play a huge role in their custody. If the neighborhood they’re in is prone to crime, or they have a space in a building that’s been called out for safety and health hazards, or even if the structure is not up to code, that’s a problem.
The same goes for a home that isn’t kept well, if at all. Sanitation and hygiene is top priority. Homes with vermin, mold, or health hazards can lead to temporary revocation of custody.
A child’s safety and well-being is meant to be secured at all times. Anything that threatens that will be an issue. Even if the parent is a good parent, the environment will still make a difference in the decision down the line.
Conclusion
Child custody is an important matter that should not be taken lightly. The courts usually need both sides of the story and substantial evidence before they make a decision. In Florida, a parent can lose custody for false abuse accusations, getting seen as an unfit parent, and having a dirty and/or unsafe home.
Need attorneys in Jacksonville that can help with a custody battle? Reach out to Dorsey Law JAX! We specialize in family law, personal injury, and criminal law.
December 16, 2021
Every time parents separate, it’s the children who suffer the most. That’s why parents should always try to reach an agreement regarding timesharing and child support whenever there are children involved.
Unfortunately, discussing these things and reaching an agreeable decision for both parties is often challenging.
Typically, parents going through a divorce are encouraged to go through mediation to compromise amicably. But what happens if the parents are unmarried? Can one of the parents keep the child away from the other?
In this post, Dorsey Law JAX focuses on the child custody laws for parents in Florida who are unmarried:
Does Florida Law Recognize Common Law Marriage?
In Florida, the only way for a couple to be legally married is by getting a marriage license from the state. Otherwise, the couple is considered to be unmarried.
It’s essential to note that the status of being “unmarried” doesn’t just affect child custody issues. This also impacts child support obligations, child support calculations, and other rights associated with parental status.
Can a Non-Married Parent in Florida Seek Sole Custody?
As mentioned above, Florida law doesn’t recognize common law marriage. Therefore, any father who is not married to a child’s mother is not presumed the legal parent.
It’s crucial to note that a court may be able to allocate timesharing in a more favorable way to the non-custodial parent.
Are Parents in Florida Who are Not Married Considered “Parents” Under the Law?
Yes. Of course, a child born out of wedlock is still considered a child in the eyes of the law. This is no different from children born to married couples.
How Does a Court Determine Child Custody in Non-Marriage Child Custody Cases?
If parents are not married, the court still has the authority to determine the parenting plan.
In order to make this determination, the court has to follow the guidelines set forth by the Florida legislature. In the parenting plan, the court must consider the following factors amount others:
1. The interests of the child;
2. The wishes of the parents;
3. The interaction and interrelationship of the child with relatives, other children, and persons who may significantly affect the child’s best interests;
4. The child’s adjustment to their home, school, and community;
5. The mental and physical health of all individuals involved (including the child);
6. Which parent can best provide for the child and the child’s needs; and
7. Which parent is more likely to encourage a close and continuing relationship between the child and the other parent.
Conclusion
A non-married parent in Florida still has the same rights and obligations as a married parent. This means that it’s essential for unmarried parents to understand their rights and responsibilities.
If you’re an unmarried parent and you’re seeking child custody in Florida, Dorsey Law JAX can help you. Contact us today to schedule a legal consultation with a seasoned family attorney!
