November 7, 2021
The timesharing plan is almost always the most contentious topic in a child-related divorce. Following a divorce or separation, the majority of Florida courts prefer that children spend as much time as possible with both parents unless one parent is ruled unfit or otherwise incapable of doing so. According to Florida Statute 61.13, minor children should have “frequent and continuous contact” with both parents throughout a divorce or separation. Furthermore, the legislation states that “no presumption exists in favor of or against” any parent or timesharing arrangement.
Certain behaviors, however, can impair your prospects of acquiring custody or negotiating a good timesharing arrangement during a child custody fight. Now, let’s go over the most common errors to avoid while dealing with Florida custody and timesharing difficulties.
Making Yourself a Priority
The best interests of the child are always prioritized under Florida law. For this reason, prioritizing your personal interests over theirs may endanger your chance to obtain an appropriate timesharing arrangement. This means that the court will be unconcerned about your specific timesharing arrangement as decisions will be made for the benefit of your child.
Excluding Your Spouse in Custody Arrangements
Florida courts believe that regular contact with both parents serves the child’s best interests. Denying visits or alienating the other parent may result in the court deeming that parent unfit for custody and reducing or removing parenting rights. Establishing and maintaining a mutually beneficial timesharing arrangement in Florida necessitates great co-parenting.
Inciting Domestic Violence
Divorce leading to conflicts can be exceedingly volatile. Related allegations, or worse, convictions, can have a substantial influence on a parent’s timesharing and custody rights. For this reason, the accused spouse must demonstrate to the court that they are competent of parenthood. By maintaining a calm disposition, you avoid engaging in violent circumstances in which your spouse can accuse you of domestic abuse.
Engaging in Substance Abuse
When one parent accuses the other of abusing substances, the accused parent should not be hesitant to defend himself or herself. When minor children are involved in a divorce, Florida courts take allegations of parental intoxication or drug misuse very seriously. To avoid being falsely implicated by your ex-spouse, you must refrain from using alcohol or other illicit substances in front of your children before, during, or after your court case.
Moving Locations with Children
Many parents make the fatal mistake of relocating with their children while their divorce is pending. Florida Statute 61.13001 prevents a parent from relocating their children more than 50 miles away without a court order or the consent of the other parent. It takes effect when either parent files a divorce petition in Florida and could have disastrous ramifications when this law is dismissed.
Conclusion
Divorce is difficult to begin with, and the situation gets even more complicated when children are involved. As a responsible parent, you must keep in mind that your child is the priority. Keep these common errors in mind and avoid them at all costs. Even better, think of ways to actively participate in an amicable relationship with your spouse. With simple communication, all sides win.
It’s important to settle matters with your spouse for your child’s future. If you’re ready to make decisive steps regarding timesharing and custody errors, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.
October 28, 2021
Legal trials often fall under many categories according to dispute, including civil and criminal. Due to the popularity of crime shows, the vast majority of the population is more familiar with the latter—highly publicized cases that involve catching a criminal and giving them a sentence to serve in jail or prison. However, people are more likely to face civil trials than criminal trials.
If you find yourself facing litigation, it’s vital to understand the difference between civil and criminal trials. Being aware of the distinction will help you know what to expect and how to proceed with the case. It will also help you make the best decision according to the facts and circumstances. However, the two categories sometimes overlap.
Here is a quick guide on the difference between civil trials and criminal trials:
What Is a Civil Trial?
Civil trials are often disputes between individuals or organizations, and these are often not as well-publicized as criminal ones. The lawsuit begins when a plaintiff brings a case to court against a defendant because the defendant did not carry out a legal duty they owe to the plaintiff.
Both parties (the plaintiff and the defendant) could be a person or an entity (such as a corporation or group), and the suits may be brought in both state and federal courts. In civil cases, the plaintiff will request the court to demand the defendant to carry out the legal duty they owe or pay for the damages they have caused. Other times, they may be asked to do both.
Violations of federal statutes and constitutional rights can call for civil trials. For instance, an individual or group can sue a local police department for infringing on their rights to a peaceful assembly.
What Is a Criminal Trial?
Criminal trials occur when a person gets charged in a formal accusation referred to as information (for misdemeanors) or an indictment (for serious crimes or felonies). These involve offensive acts against the city, county, state, or federal government.
Unlike civil cases, the victims do not have to be involved in a criminal trial. In fact, some of these lawsuits do not have a specific victim. For instance, the government can arrest and prosecute a person for driving under the influence, which is a serious offense that can harm other citizens.
If a person is guilty of a crime beyond a reasonable doubt, they will receive a sentence, which can come in many forms. They may pay a fine, become subject to supervision in the community, or reside in prison.
Can Civil and Criminal Trials Overlap?
Civil and criminal trials sometimes overlap, and the defendant may face both cases at once. For instance, a person charged criminally with homicide can also be sued civilly for wrongful death.
Work with Experienced Criminal Lawyers in Jacksonville
Civil and criminal trials are two distinct fields that may confuse many people. The former deals with offenses against private parties, while the latter tackles violations against the state or federal government. Knowing their differences can help you understand how to proceed with your cases and seek the right lawyers for the job, so we hope this guide has helped you differentiate between the two.
If you’re looking for experienced criminal lawyers in Jacksonville, FL, let Dorsey Law JAX assist you. Our seasoned lawyers can help you get the best legal representation you need. Contact us today.
October 22, 2021
In Florida, one of the biggest points of confusion for citizens is the process of divorce. Fortunately, the state’s current family laws provide straightforward insight into it.
If you’ve been contemplating the possibility of separating from your spouse, divorce is undoubtedly one of the best options for you. Whether the separation is because of infidelity, abuse, monetary issues, attitude problems, or other forms of irreconcilable differences, splitting up may be exactly what your family needs.
Understandably, the prospect of seeking a divorce in the state of Florida can bring various concerns to mind because so much is at stake. And for spouses looking to separate, there’s one particular concern that must be settled: child custody.
Custodial Matters in the Context of Florida Law
Florida has a relatively amenable approach to facilitating custodial matters among spouses seeking divorces in the court of law.
As one of the most delicate matters in the process of separation, child custody is understandably a priority for many. Fortunately, knowing how things will pan out during your separation doesn’t have to be a matter of guesswork, thanks to the State’s clear-cute guidelines found in the Florida Family Law.
In any child custody or divorce proceeding in Florida, judges prioritize the children’s best interests as they do not give any preference to either parent. To decide how time-sharing will be allocated between parents, courts will go over each case’s specific facts and circumstances to determine the most appropriate custody arrangement.
Florida Parenting Plan
Based on what is discussed and analyzed during proceedings (and a judge’s personal insights, observations, and overall judgment), courts will issue something called a parenting plan. This document outlines the specific details, commitments, and child custody arrangements that divorced parents must commit to.
The best way to define a Florida parenting plan is that it’s a legal reference point that outlines how divorced parents must share the responsibilities and decision-making authority for their children. This document is required to describe the rights and obligations that separated parties have when caring for their kids, such as:
- A time-sharing schedule
- Designations for which parent is responsible for health care
- Designations for which parent is responsible for extra-curricular activities
- Designations for which parent is responsible for school-related matters
Understanding Custody Time-Sharing Schedules
When going over the parenting plan you’ll receive upon the settlement of your divorce, one key component that will shed light on the outcome of your child custody is the listed time-sharing schedule. Depending on what you get, the time you spend with your children can vary:
- Two-week allocations
- Weekly exchanges
- 3-4-4-3 schedules
- 2-2-5-5 schedules
- 2-3-2 schedules
Do You Need A Lawyer To Help You Figure All Of This Out?
Legally speaking, a family attorney isn’t required in Florida child custody cases, but their services can be beneficial in terms of arriving at desirable settlements. Through the help of an expert like Dorsey Law JAX, you’ll have someone that can help you navigate the court system and advocate on your behalf in case litigation is required.
Conclusion
Divorce can be a rather complicated matter because of the many details that must be stipulated, especially so when it comes to custodial matters. Through the help of this guide and the key points mentioned above, you now have the necessary insight to act accordingly to attain your ideal custodial circumstances.
When going through legal disputes, it’s essential to have a respected lawyer stand by your side and give you the best legal advice possible. Finding an experienced and knowledgeable trial attorney in Jacksonville will mean that all of your needs are met. Contact our experts at Dorsey Law JAX today!
