August 4, 2021
There comes a time when parents need to file for child custody due to various reasons, such as divorce, annulment, separation, adoption, or parental death. Whatever the reason behind this, child custody is usually determined with the child’s best interests in mind.
If you are a parent filing for child custody, it is only best to understand the differences between child custody types. So, without further ado, here are the following types of child custody:
Physical custody gives a parent the right to housing the child. Some states award joint physical custody to both parents when the child spends significant amounts of time with both of them. This custody type works best if parents live near each other so the child can maintain a relatively normal routine.
If the child primarily lives with one parent and has visitation with the other, the parent that houses the child, a.k.a. the custodial parent, has sole or primary custody. The noncustodial parent only has the right to visit or have parenting time with the child.
Legal custody of a child means a parent has the right and obligation to make decisions for the child’s sake. That includes the child’s upbringing, schooling, religious choices, and medical care. In most states, courts award joint legal custody to both parents.
If you are sharing joint legal custody and decide for the child without including your ex-spouse in the process, the judge can take you back to court and plead with the judge to enforce the custody agreement. That could end up in more friction between the two of you and harm the child in the process. It can also be expensive.
In most states, joint legal custody is preferred. So if you don’t want that, you need to convince a family court judge that it is not in your child’s best interests.
One parent can have either sole physical custody or sole legal custody of the child. Courts don’t hesitate in awarding this custody type when the other parent is unfit, especially if he or she is drug dependent or has child abuse and neglect charges.
However, most states are leaning towards enlarging the role of both parents in the child’s life. So, even if courts award sole physical custody, both parents may still share joint legal custody, with the noncustodial parent enjoying a generous visitation schedule.
In this situation, both parents will make joint decisions about the child’s upbringing, but the custodial parent is the primary physical caretaker. It’s best to seek sole custody only if the other parent poses direct harm to the child and not due to animosity between the two of you.
Parents that don’t live together have joint custody or shared custody of the child. That means you share decision-making responsibilities and physical custody of the child. This custody type exists when parents are divorced, separated, no longer cohabiting, or never lived in the same household.
Final Thoughts
The most crucial thing in every child custody case is what’s in the child’s best interest. Parents must act civil, whether there is hate or not since the two might share custody and are equally involved in the decision-making processes.
Dorsey Law Firm is a leading family law firm in Jacksonville. We have experienced trial lawyers committed to attending to a wide range of family law issues, including child custody. We attempt to negotiate settlements but are not afraid to take a case to trial when necessary. Do you need a lawyer? Get in touch with Dorsey Law Firm today.
July 29, 2021
DUI is short for driving under the influence, and it is one of the more common offenses you can find in Florida. It happens when someone is driving or in physical control of a vehicle while under the influence of drugs, chemicals, or a controlled substance. The more common cause of DUI, however, would be alcohol. As such, drunk driving has become a typical way people refer to DUI, although you wouldn’t need to be drunk to be guilty of said offense.
In this article, we’re going to delve deeper into DUI, answering various questions to help you learn more about DUI cases in Florida.
1. Will the Offender Be Sent to Jail?
One of the biggest worries about DUI offenders is that they may end up going to jail for the offense. However, this will depend on how often the offense was committed. If it was a first-time offense, there would be no jail time. However, if it were the second time within the first five years of the previous conviction, then a minimum term of ten days is required. A third conviction within the ten years that the first two offenses were made, and one can expect at least thirty days of jail time.
2. Can the Driver Refuse to Take a DUI Test?
While it may surprise a few to know that one can refuse a DUI test, it comes with its consequences. The law allows police officers to seize and suspend your driving license for at least a year for the first refusal and 18 months for any subsequent refusals after. Refusing a DUI test will also be admissible in criminal proceedings used against the offender. As such, it is the smarter route to take the DUI test if one has been lawfully arrested.
3. What Is “in Physical Control” of a Vehicle?
When it comes to DUI, the offender will be the one “in physical control” of the vehicle while under the influence of drugs, alcohol, or chemicals. The term “in physical control” is used as a way to set the blame on the person who has the capability and power to direct the vehicle, even if they weren’t driving at the moment. This means that even if the car is at a complete standstill, a person can still be convicted of DUI if they are sitting behind the wheel with the keys in the vehicle.
4. Is It in the Officer’s Right to Seize a Driving License?
Police in Florida have the right to seize a driving license should they be driving with an unlawful blood-alcohol level, which is 0.08% or higher. They can also seize the license of those who refuse the breath, blood, or urine test. The driver will also be given a traffic ticket that acts as a ten-day temporary work permit and a notice of suspension of the driver’s license.
Conclusion
With that in mind, it is never a good idea to drive under the influence under any circumstances. Not only do you put yourself in danger of an accident, but you also put the lives of those around you at risk. As such, if you are planning to drive, do not get into drinking or the use of any drugs or chemicals. If you do, then consider having someone else who is fully sober drive for you. This way, you can get to your destination safe and sound, and you will not run into any trouble with the police.
Dorsey Law JAX offers top Jacksonville attorneys offering aggressive and expert representation to achieve the absolute best outcome. Contact us today and receive the support you need!
July 22, 2021
DUI is short for driving under the influence, and it is one of the more common offenses you can find in Florida. It happens when someone is driving or in physical control of a vehicle while under the influence of drugs, chemicals, or a controlled substance. The more common cause of DUI, however, would be alcohol. As such, drunk driving has become a typical way people refer to DUI, although you wouldn’t need to be drunk to be guilty of said offense.
In this article, we’re going to delve deeper into DUI, answering various questions to help you learn more about DUI cases in Florida.
1. Will the Offender Be Sent to Jail?
One of the biggest worries about DUI offenders is that they may end up going to jail for the offense. However, this will depend on how often the offense was committed. If it was a first-time offense, there would be no jail time. However, if it were the second time within the first five years of the previous conviction, then a minimum term of ten days is required. A third conviction within the ten years that the first two offenses were made, and one can expect at least thirty days of jail time.
2. Can the Driver Refuse to Take a DUI Test?
While it may surprise a few to know that one can refuse a DUI test, it comes with its consequences. The law allows police officers to seize and suspend your driving license for at least a year for the first refusal and 18 months for any subsequent refusals after. Refusing a DUI test will also be admissible in criminal proceedings used against the offender. As such, it is the smarter route to take the DUI test if one has been lawfully arrested.
3. What Is “in Physical Control” of a Vehicle?
When it comes to DUI, the offender will be the one “in physical control” of the vehicle while under the influence of drugs, alcohol, or chemicals. The term “in physical control” is used as a way to set the blame on the person who has the capability and power to direct the vehicle, even if they weren’t driving at the moment. This means that even if the car is at a complete standstill, a person can still be convicted of DUI if they are sitting behind the wheel with the keys in the vehicle.
4. Is It in the Officer’s Right to Seize a Driving License?
Police in Florida have the right to seize a driving license should they be driving with an unlawful blood-alcohol level, which is 0.08% or higher. They can also seize the license of those who refuse the breath, blood, or urine test. The driver will also be given a traffic ticket that acts as a ten-day temporary work permit and a notice of suspension of the driver’s license.
Conclusion
With that in mind, it is never a good idea to drive under the influence under any circumstances. Not only do you put yourself in danger of an accident, but you also put the lives of those around you at risk. As such, if you are planning to drive, do not get into drinking or the use of any drugs or chemicals. If you do, then consider having someone else who is fully sober drive for you. This way, you can get to your destination safe and sound, and you will not run into any trouble with the police.
Dorsey Law JAX offers top Jacksonville attorneys offering aggressive and expert representation to achieve the absolute best outcome. Contact us today and receive the support you need!
