Visitation

November 14, 2022

In Custody Proceedings, What Problems Are You Likely to Face with Foreign Pick-Up Orders?

What is a Pick-Up Order?

In Florida, a pickup order that is issued may be issued to secure the physical custody of a child from one party and then deliver that child to another party. Most courts disfavor pickup orders for children, as it is thought that it may be harmful for children to be exposed to this procedure. The author believes that it can be tramatic for a child to experience the police enforcing a change of custody when it is unexpected and is apparently stressful on the parent that must give up custody. Most judges will use this type of an order sparingly when other attempts to correct custody disputes fails. If a pickup order is properly worded, the police/sheriff should enforce a child custody/pickup order. The language that the author believes is essential in his experience dictates that the order shall be enforced by all sheriff’s of the state. An order without this language or its equivalent generally will not be enforced by the police.

What is a Foreign Pick-Up Order?

August 8, 2022

Which School Should My Child Attend?

by Neil Weinreb

What Is a Parenting Plan?

A parenting plan is an all-inclusive plan that determines where a child lives, goes to school, and the child’s interaction with his or her parents. Florida divorces and paternity cases require a parenting plan. The parenting plan helps determine which parent will be responsible for the child, and when and how they will timeshare with the child.

What is a Parenting Plan Based Upon?

October 11, 2021

In Florida, Does a Child Support Obligation Have a Statute of Limitations?

by Neil Weinreb

What is a Statute of Limitations?

The term “Statute of Limitations” refers to a law that limits the period for which one may file a lawsuit. This time period will typically vary by state and the type of suit that is being filed. For instance, the period of time for filing suit for a wrongful death claim may be different from the period of time one has to file for a trespass suit. Federal law normally controls Statute of Limitations Periods for cases decided based upon federal law.

How Far Back Can One Be Assessed in Determining Child Support?

September 16, 2021

WHAT ARE SOME MYTHS ABOUT MEDIATION IN JACKSONVILLE, FLORIDA?

by Law Office of David M. Goldman

Mediation is an alternative dispute resolution that is mandatory in a Florida divorce, paternity, or modification case, but many people do not see the process as the benefit it is. During mediation, the two parties will meet with a mediator who is an unbiased and uninterested person in the case. The mediator will try and help the parties resolve all disputes related to the family law case. If an agreement is reached, it is drafted and submitted to the Court for approval so the case can be closed. While the process is straightforward, there are still many myths related to the process. Your Jacksonville family attorney can assist you in understanding the mediation process. Below are the biggest myths about family law mediation in Florida, and the truth behind them.

The Mediator Will Make All the Decisions

This is simply untrue. Mediators do not make any of the decisions when they meet with parties going through a divorce, paternity, or modification case. They cannot force either party to do, or not do, anything. Instead, they are only there to help you and facilitate you and your spouse, ex-spouse, or co-parent to reach an agreement. If you cannot reach an agreement and your case requires litigation, it is the Judge that will make all the decisions. Your Jacksonville family attorney is here to assist you in mediation and to represent you in any litigation should you not reach agreement.

September 2, 2021

How Can You Keep Legal Costs Down During Divorce in Jacksonville?

by Law Office of David M. Goldman

It is no secret that going through a divorce is expensive. Although there is very little that you can do about certain costs of your divorce, such as what you may or may not lose during property division hearings, there is one area of expenses you can control. That is your legal fees and costs. All divorce attorneys in Jacksonville will charge something to legally represent you during the process, and the advice and counsel they bring to your case are invaluable. Still, there are some ways that you can keep the legal costs down, so you do not face unexpected charges in the future. Your Jacksonville divorce lawyer can explain to you in your initial consultation how to keep your legal costs down but here are some basic tips.

Call and Email Only When You Have To

Most divorce lawyers in Jacksonville will charge you for every time they devote to answering your phone calls and emails. However, you likely want them to spend this time preparing for your trial, mediation, or other aspects of your case. You will have many questions during the divorce process, and you deserve to have them answered. Instead of incurring fees every time you have a question, prepare a list of questions, and ask them all at once. Your Jacksonville divorce lawyer will still charge you, but you will likely incur fewer legal fees.

June 24, 2021

WHAT HAPPENS IF ONE SPOUSE DOES NOT WANT A DIVORCE?

by Law Office of David M. Goldman

It is not uncommon in a divorce case for one of the spouse’s not to want to end the marriage. One partner may think that there is a chance of working things out and resolving their differences, or they may not want to legally dissolve the marriage for other reasons. If your spouse has started divorce proceedings, and you really don’t want a divorce, your options may be limited but there is something you can do. Florida is one of seventeen states that follow No-Fault laws in divorce cases. The Petitioner only has to allege that the marriage is irretrievably broken. If you really do not want a divorce you should answer the Petition for Dissolution by alleging you do not believe the marriage is irretrievably broken. Florida Statute §61.052(2)(b)1 allows you to request the Court to Order you and your spouse to marriage counseling. It is rarely done and there are specific requirements that must be met. Your Jacksonville Family Lawyer can assist you in understanding this law and representing you in Court.

In order for a spouse to utilize this statute, the parties must have a child together. If the Court grants the request for marriage counseling, psychiatrist, priest, minister, rabbi, or any other professional the divorce will be placed on hold for approximately three months to allow the counseling to take place. Florida Statute §61.052(2)(b)2 allows the Court to continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation. During any period of continuance, the Court has jurisdiction to make appropriate orders for the support and alimony of the parties; a parenting plan, support, maintenance, and education of any minor children of the marriage; attorney’s fees; and the preservation of the property of the parties. Consult your Jacksonville Family Lawyer for assistance with your case.

As previously stated, the above statute is rarely used. This is because if one person wants to end the marriage, counseling is usually not effective. By the time a person has made the decision to start the divorce process, they have usually given it a lot of thought and intend to go through with it.

June 21, 2021

Do I Need a Domestic Violence Injunction

by Neil Weinreb

What is Domestic Violence?

Under the Florida Statutes, Domestic Violence is defines as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offenses resulting in physical injury or death of one family or household member by another family or household member.” F.S. 741.28.

Is Domestic Violence Criminal?

June 3, 2021

FLORIDA’S RELOCATION STATUTE, DO I REALLY HAVE TO GET PERMISSION TO MOVE MORE THAN 50 MILES?

by Law Office of David M. Goldman

This is a question that is often asked by custodial parents. If you live in Florida the answer is yes. Florida has a relocation statute, and it is found at §61.13001 in the Florida Statutes. If you have a minor child and you are divorced or no longer in a relationship with the other parent, you cannot move more than 50 miles from the current residence without obtaining permission from the other parent or consent from the Court. This condition applies to both the custodial parent and the non-custodial parent. Your Jacksonville family attorney can assist you in determining how you can comply with the relocation statute to enable you to move.

The statute requires that unless there is an agreement between the parties, a parent or other person with time-sharing rights seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. The pleadings must meet the following requirements:

a) The petition to relocate must be signed under oath or affirmation under penalty of perjury and include:

April 19, 2021

What Can I Do if My License is Suspended for Failure to Meet Child Support Obligations?

by Neil Weinreb

If Your License is suspended for Child Support Obligations, What Can You Do?

Florida law allows one’s driver’s license to be suspended when they fail to meet their support obligation. If your license is suspended as a result of child support obligations that are not satisfied, you should understand the law. If one truly cannot pay their obligation because they simply do not have the financial resources to do so, your license cannot be suspended, but you must act promptly.

Your License Can Be Suspended for Child Support Failures

March 23, 2021

What Do You Need to Know About Timesharing in Florida?

by Neil Weinreb

Why Timesharing is Important?

A dissolution can be a very emotional experience for some. This is especially true when a divorce involves children. The current rules require that when parties have children, a parenting plan must be developed. The parenting plan details parental responsibility, timesharing (formally referred to as visitation), and child support. It may also include additional details unique to a particular child or children, or it may address a unique family situation. Although the Court system attempts to equalize timesharing between parents, this is not always possible. Parents may work or live so far apart that a 50% timesharing schedule would be impractical.

What Are the Different Types of Timesharing?