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.
February 18, 2021
Dealing with divorce and separation is more than just delegating assets after the court proceedings; it’s also an issue of handling who gets to have custody of the children. This ruling can vary from state to state, which can complicate how you should approach child custody laws.
Custody laws in Florida recognize that the children involved in divorce and separation cases will still benefit from spending time with both parents. This puts either parent without a clear advantage at the beginning of the court proceedings. Because of this caveat, you have to present enough information to the judge to ensure that your child is in better hands with you than your spouse.
Understanding ground rules of child custody laws
Since family law in Florida strongly emphasizes both parental relationships, a judge imposes a set amount of “time-sharing” where both parents will have visitation and custody time slots allotted to meet their child. In Florida, parents generally have similar custody benefits, unlike other “joint custody rulings” where there can be huge disparities between what one parent’s right over the other. However, parents can lose their time-sharing and visitation rights if there’s valid evidence of domestic violence, neglect, or other forms of child abuse.
Besides custody rights, both parents also have the right to contribute to medical, religious, educational, and legal decisions on the child’s behalf. Although both parents start with equal parental responsibility, a judge can make one parent with the sole decision-making power if the setup affects the child’s well-being.
Although both parents generally share the same rights, one parent will be designated as the primary or custodial parent, while the other is the secondary or noncustodial parent. In simple terms, the custodial parent generally has more influence and decision-making capabilities on the child’s well-being.
Determining child custody in Florida
Florida judges expect parents to put their child’s needs first above their own benefit, which will reflect on what the judge will allow a parent to uphold as a right. Although it can be a vague standard or motivation, there are specific factors that judges will look for in a parent’s evaluation. Listed below are five factors they’ll consider in identifying who the primary parent should be.
- A parent’s ability to provide for the child’s needs consistently
- A parent’s physical and mental state
- A parent’s moral fitness
- A parent’s willingness to maintain relations between the child and the other parent
- A parent’s geographic accessibility to honor the time-sharing schedule
Besides comparing each parent, the judge also needs to factor in the child in question. They also need to see the child’s adjustment to new living dynamics, together if the child has a preference for a particular parent. These will be vital, especially if they’re of sufficient age to understand their family’s current predicament.
Conclusion
Unlike most separation cases in other states, Florida law leans towards the cooperation between each parent to develop a positive relationship for the child’s development. Collaborating with the opposite party is necessary, which is a considerable part of gauging your moral fitness to protect the child from the stress of divorce or separation. It’s your responsibility as an individual to work things out with your previous spouse to ensure that you both have the right capacity to nurture your child’s growth.
Although it can be challenging to make amends with your spouse, it’s necessary to overcome your difference for the sake of your child’s future. If you’re looking for top Jacksonville attorneys, Dorsey Law JAX’s pool of reliable law experts can help. Contact our family law experts by calling us at (904) 394-2865.
