December 22, 2020
Watching your child endure a divorce is no easy feat. From cushioning their emotional turmoil to assisting in their paperwork, you’re likely also mulling over your visitation rights. Fortunately, as per the Florida Supreme Court, grandparent visitation makes for a healthy and well-maintained family. Still, grandparents must maintain counsel throughout the divorce process should they need to pursue a petition.
What Does the Court Consider?
For a grandparent to be granted visitation rights, the courts must find that it is in the child’s best interest. As such, they will consider factors such as:
- The willingness of the grandparent to encourage a positive relationship between the grandchild and parent
- The length and quality of the relationship between the grandchild and grandparent
- What the child prefers, should they be old enough to express a preference
- The mental and physical health of both the grandchild and grandparent
What are a Grandparent’s Rights?
In Florida, only natural parents have absolute rights—not grandparents. Thus, if a parent decides that their grandchild shouldn’t interact with their grandparents, Florida courts don’t offer much leniency.
However, a grandparent might receive visitation or custody rights should the court find a valid concern regarding the parents’ ability to care for the child properly. In some cases, a grandparent may be granted rights if:
- One or both parents become arrested.
- The child is a proven victim of abuse.
- The child is out of school and experiencing neglect.
- The child is living in a property rife with illegal drugs.
If a grandparent is willing and able, they can legally become the child’s new guardian recommended by the Florida courts.
About the Juvenile Dependency Court
If there is any danger surrounding the child, the Juvenile Dependency Court opens a case. This court is responsible for ensuring that the child is safe and protected and focuses on providing direct help for the family in question.
Their mission is that they are big believers in crafting workable solutions instead of penalizing and prosecuting parents. If your case goes to Juvenile Dependency Court, you might anticipate the following outcomes.
- If the state believes that it is in the child’s best interest to return to their natural parents, they may remain in the household with the possibility of occasional inspections.
- If the court pursues a hearing, both parents and grandparents will have an opportunity to present their case. Should a judge believe there is not enough evidence demonstrating that the child should be removed from their home, they will be returned to their natural parents.
- If the court believes that one or both parents require services before the child can be safely returned to their home, they must craft a case plan. This case plan pertains to the child returning only once the home is safe and stable.
- If the circumstances are detrimental to the child’s health, and the parents are unwilling to collaborate on a case plan, the grandparents can seek custody. Alternatively, if the parents end up losing their rights, the child may be placed for adoption or petitioned to reside with another family member.
Conclusion
In Florida, the courts favor shared parental responsibility unless proven detrimental to the child’s health. Whether grandparents can become involved will ultimately depend on the circumstances and what will most benefit the child.
At Dorsey Law Firm, we have over 35 years of experience in family law. We promote shared parenting and open communication and work towards creating the best possible parenting plan.
December 13, 2020
When going through a divorce, the parties will need to divide their assets and liabilities. After all, they will need to resolve child custody, child support, parenting roles, and property division, among other things. While the other aspects are heavily based on their role as parents and their relationship with their children, property distribution is different! Distribution of assets and liabilities can be complicated to argue about.
For a couple starting over, the division of property is a crucial way to start life again. But what will you do if your spouse is trying to hide assets from the court? This article will help you understand more about your case.
What Happens When an Asset is Hidden
Trying to conceal an asset from the law has serious consequences. In the eyes of the court, it is seen as a fraudulent act.
- When Your Spouse Lies Under Oath
Your spouse who lied under oath may be subjected to penalties from the court or even criminal charges, depending on the severity of the case. Either way, if assets are concealed the guilty spouse needs to pay back for what they did, particularly if the concealment is done intentionally!
- When the Lie Gets Discovered and Proven
If the hidden asset gets discovered and proven in court, the proving party will have the right to whatever is at stake. The court will even grant them the expenses and attorney’s fees they spent to verify the committed deception.
- When You are Unaware of the Hidden Assets at First
There are scenarios where a spouse only learns about their partner’s hidden asset until the divorce is finalized. If you find yourself in this situation, here are the things you can do:
- Check your settlement agreement. If you find a statement that says you both made an honest and full disclosure of all your assets and signed it, then you have a fighting chance. You can use it to reopen your divorce case and pursue a fair settlement.
- If the divorce judgment is not yet finalized, you can also raise the issue to the court. The judge may ask for another division of assets based on your proven facts.
How to Prove That Your Spouse Has Hidden Assets
Evidence is crucial for any case. You will have more advantage if you can prove to the court that your claim is valid. Here is how you can prove that your spouse is hiding an asset from everyone:
- Consult with your divorce lawyer! They are the best person to tell you what types of documents or evidence you will need to prove your claim. They can also help you request records that you do not have personal access to, such as bank statements, tax returns, pension plan documents, and other such documents.
- In case you have access to any of your spouse’s documents, you need to make copies of them and hand them over to your lawyer.
- If situations get trickier and gathering documented proof is out of the question, then your lawyer can challenge your spouse extensively under oath. Your attorney can also request documents directly from your spouse during this interrogation process. Your attorney can conduct other discovery including subpoenaing records.
Conclusion
It is best to alert your divorce lawyer as soon as you suspect that your spouse is hiding any assets from you. Your lawyer can help you deal with it as early as possible. Doing so will leave you with fewer expenses and less time wasted during the whole divorce process.
If you need a firm that offers family law advice in Jacksonville, The Dorsey Law Firm will be glad to assist you. Our services include all family law matters, whether you’re looking at a divorce, dissolution of marriage, property division, child custody, or domestic violence injunctions, among other things. Call us today to learn how we can help your case!
December 7, 2020
It’s against the federal and state laws to carry illegal substances, and failing to adhere to them can lead to corresponding charges, which could land you in jail. Besides that, if you ever get caught for selling drugs, you can expect grave consequences that are worse than being taken in for drug possession.
No matter what your case may be, to help you get out of your situation, it would be best to have a reliable lawyer who can defend you in court. Keep reading below to find out more about drug possession and drug distribution and how to tell them apart.
What is Drug Possession?
Drug possession is a violation of carrying illegal drugs, whether for personal reasons, distribution purposes, or sales. Aside from the type of drugs in your control, the corresponding sentence will depend on the amount you have with you, the state you’re in, and the possible jurisdiction.
In addition, you can get arrested right away if the authorities prove that you can control the substances under your care. If the drugs you have with you are limited, it could indicate that you intend to consume the drugs for personal use, so your case is narrowed down to drug possession.
Types of Drug Possession
Actual Possession
Actual possession is also known as possession in fact. It occurs when the illegal substance is found on the suspect’s person or if they were seen making physical contact with the drug.
Constructive Possession
Constructive possession is also called possession in law. Based on the law, someone who has knowledge, access, or chance to control the drugs involved can be charged for constructive possession, regardless if they didn’t have the substances during the arrest.
What is Drug Distribution?
When you get caught for having a significant amount of drugs in your possession, including a substantial amount of money, law enforcers will automatically think that you have the objective of selling or distributing those substances. As a result, a case will be filed against you, which you will have to settle in court.
Drug distribution offers more severe consequences than drug possession because it’s a felony offense that could have you arrested for selling, transporting, and importing specific illegal substances like MDMA, heroin, cocaine, and meth, to name a few.
What Happens If You Get Caught for Carrying Drugs?
If you are accused of drug possession, the penalties you can face are paying fines, going to jail, being under probation, and getting your driver’s license suspended. But if you get caught for drug distribution, you can be charged with a felony, resulting in bigger fines and an extended sentence in jail or prison.
The consequences for drug distribution can be different, depending on the drugs in question, the amount you have with you, and the state where you committed the crime. If you chose to sell drugs to minors, have a previous history of a drug arrest, and distributed drugs while carrying a gun with you, they pose even more critical effects to your situation!
Conclusion
If you get caught in an unfortunate position that involves drug-related claims, it’s best to get a reliable attorney who has the right experience and knowledge to manage your case. They can help reduce the charges filed against you and provide you with the appropriate outcome that’s best for you.
Are you looking for a lawyer in Jacksonville to represent you in a drug trial? Dorsey Law JAX is a law practice that offers our assistance regarding family law, divorce, child custody, drug trafficking, drug possession, and more. Get in touch with us today to schedule an appointment!
