March 5, 2021
The global pandemic has caused significant changes in how we live. For one, social distancing is highly recommended to help slow the spread of the virus. Additionally, COVID-19 has affected how people travel. However, what does this mean for child custody and visitation rights? How safe is it to co-parent during a pandemic?
Child Custody: Temporary Modifications
Some parents have already asked a court to prevent the other parent from visiting their child to prevent the spread of the virus. However, many courts remain reluctant to prevent a high-risk parent from totally seeing their child during the pandemic.
In some cases, a court may temporarily reduce parenting time should a parent fail to take precautions to protect the child’s safety or acts in a way that could put the child in danger.
Each situation is unique; therefore, family courts haven’t adopted a consistent approach yet.
Social Distancing in Custody Arrangements
Social distancing doesn’t directly affect custody arrangements. Therefore, you should continue following your current custody arrangement unless you and your ex agree to an alternative plan or a judge changes it.
Today, courts are clear that denying visitation during this time will not be tolerated and could result in contempt of court and sanctions. Still, some parents have valid concerns that could justify a temporary change to custody.
Some valid reasons are if the ex has been exposed to a COVID-19 positive person, the ex is showing symptoms of the virus, the ex has a high-risk job and is frequently exposed to COVID-19, or the child is at high-risk for COVID-19.
Legal Advice for Child Custody
There will be some situations when parents can’t agree on the same thing, which is why you need to contact a family law attorney to help you resolve the issues. Most lawyers conduct online consultations, or you can check your local state or state court websites as they are now starting to provide guidance on custody issues.
Emergency Custody Orders
In the case that your child’s health will be at risk, it would be worth considering asking a judge to intervene. You and your lawyer may be able to acquire an emergency temporary child custody order from your local court.
Co-Parenting in the Time of a Global Pandemic
Co-parenting during the pandemic may be more challenging. It is truly up to both parents to find a way to work together during this time.
To make co-parenting a success, it’s essential to keep communications open. Make sure all communications remain productive, which means that you and your ex should talk to find a solution together as the goal.
Additionally, it’s crucial to find ways to stay more connected despite the physical distance. Schedule virtual visits between your co-parent and the child.
Conclusion
Child custody during a pandemic is new; therefore, it’s a good idea to consult an attorney to help you navigate the custody rules during this time. Every situation is unique, which means you need to have the right legal advice that will suit your child’s needs.
Here at The Dorsey Law Firm of Jacksonville, we can help you manage child custody during the pandemic. Contact us today for more information on our legal services.
March 1, 2021
Divorce can sometimes become a contentious experience between parties. Formerly intimate spouses turn into adversaries who will do anything to get a leg up on the other. Given this dynamic, some people may start to hide pertinent information necessary for the divorce case. This is where a private investigator comes in.
What Does a Private Investigator Do?
Private investigators can perform several functions in a divorce case. They are often hired to uncover hidden assets or gather evidence that will significantly impact a child custody case. Sometimes the task can be as simple as trying to catch a spouse in the act of cheating.
Private investigators are highly discreet trained professionals. They perform surveillance and may even pose undercover to learn more about their target. They have access to databases and other resources that are unavailable to the general public. All of this is done to gather concrete evidence for their client, file a special report, and eventually present it in court.
What Can a Private Investigator Uncover?
1. Hidden Assets
During the divorce process, one party may attempt to hide their assets to shield them from the case. They may try to use underhanded tactics such as moving funds to offshore accounts or selling property with the intention to reclaim it after the divorce has been finalized.
Private investigators access various databases and official government filings to find assets that have not been disclosed. If fraud is discovered, the court can award the asset’s entire value to the innocent spouse.
2. Evidence of Misconduct
Courts no longer require evidence of wrongdoing in order to grant a divorce. However, if marital misconduct is discovered, it can provide more favorable terms under a prenuptial agreement.
In the event of spousal or child abuse, private investigators can help file a restraining order. If a spouse is concerned about what happens when a child is visiting their other parent, a private investigator can be asked to conduct surveillance.
3. Spousal Support
If one party is required to pay spousal support, they may consort with their employer to keep salary information off the record or tamper with their business records to lower their net worth. Private investigators can help untangle these schemes through surveillance and financial analysis.
Should I Hire a Private Investigator for My Divorce?
Before heading down the path of investigating your spouse, you should ask yourself if it is a worthwhile endeavor. You shouldn’t let your emotions get in the way of making a decision based on logic and facts.
Ask yourself if it will help your case. Under Florida law, evidence of infidelity is only relevant if your spouse is engaging in inappropriate conduct in front of your children or if they are spending marital assets on a third party. Otherwise, hiring a private investigator will not result in evidence that can be used in your divorce case.
If you have suspicions that your spouse is hiding assets or committing any type of fraud, it’s essential to consult with a family lawyer before resorting to a private investigator. Your lawyer will advise you on what steps you need to take according to the law.
Conclusion
People in the middle of a divorce may resort to underhanded methods to cheat the system regarding asset division or child custody. Private investigators have the resources and experience in uncovering evidence of fraud. Before hiring a PI, consult your divorce lawyer if you need further investigation.
If you need a divorce lawyer in Jacksonville, FL, Dorsey Law Firm is here for you. William J. Dorsey has more than 35 years of experience in the state of Florida. By hiring an experienced divorce attorney, you’re laying the groundwork for the best possible outcome. Request a consultation with us today.
February 23, 2021
The non-custodial parent is the legal term for the guardian who does not have primary custody of their children. Many people think that, without custody, they would be separated from their children. However, many non-custodial parents enjoy healthy and cordial relationships with their children (and the parent with custody). It is fully possible to be present and provide support for your kids even without being the custodial parent.
Some of the reasons a parent may be non-custodial are:
- The parents are divorced and one party was granted custody by the court
- One parent has had to relocate to find better career opportunities.
Whatever the case may be, it is important to understand your status as a non-custodial parent and figure out what you can do to maintain your relationship with your children.
Connection Outside Visitation
It should go without saying that you should pay attention and comply with your visitation schedule. It is essential to prove to the court that you want to be present in your children’s lives. If you hope to share custody in the future, you need to make this a priority.
Remember that familial bonds go beyond legal requirements and it is important to show an interest in your children beyond court-appointed visitation days. If for some reason, you have to be away from your children for work or health, maintaining the connection becomes even more essential.
Luckily, video conferencing has grown by leaps and bounds. You can maintain a connection with your kids by talking through video calls, video games, and so on. Some other things you can do online, thanks to modern technology, are:
- Watching movies and shows simultaneously
- Listening to podcasts together
- Playing board games online
- Taking online courses together.
There is no end to the possibilities. There are so many things to do on the internet that the only mistake you can make is not putting in any effort at all.
Co-Parenting
Divorce happens, and not all marriages end happily or cordially. It is likely that there is some bitterness leftover in your relationship. However, if you share children with another person, you need to aside your differences (no matter how painful they might be) and think of your children. A collaborative relationship with your co-parent is necessary for this to work.
Ask your former partner to film and photograph important life events, such as graduations, games, performances, first steps, prom, and so on. If possible, ask if you can participate virtually. Make sure to talk to your child about these events in their life. It will remind them that you want to be in their life.
Plan for your custody modification
If you’re hoping to share custody one day, you need to prove to your kids and the court that you are capable of parenting and providing. First and foremost, you need to comply with all court-mandated appointments and regulations. As much as possible, you need to exercise your right to visit them during your scheduled visits. You also need to pay child support and alimony as consistently as possible.
Another thing you must prove is that you have the appropriate income and space to house your children. The court will likely look into your income documents, bank statements, and tax history. It will also look into the state of your home. If your kids are of a certain age, they will likely need their own rooms.
Final thoughts
Do not be fooled by the term “non-custodial parent.” The word “parent” is still half of that term. It does not lessen your responsibilities nor does it shrink your importance in your child’s life. As we’ve mentioned before, it is completely possible to have a meaningful and healthy relationship with your children no matter the legalities surrounding your parenthood.
If you’re looking for family lawyers in Jacksonville, FL, give us a call at Dorsey Law JAX. We can provide you sensitive but aggressive representation in your bid to earn custody of your children.
