Archives

01 May 2019

Guardians ad Litem

A “guardian ad litem” (GAL) is a person the court appoints to investigate what solutions would be in the “best interests of a child.” Here, we are talking about a GAL in a divorce or parental rights and responsibilities case. The GAL will look into the family situation and advise the court on things like: where the children should live most of the time whether the child is being harmed by a parent’s substance abuse what contact the child should have with a parent

01 May 2019

Mother’s Rights

In order to determine a mother’s rights in child custody, a court first considers whether the child was born out of wedlock or not. Custody rules that apply to unmarried parents vary depending by jurisdiction. Child custody is often complicated, but when the parents have a child out of wedlock, establishing parental rights can make the process of establishing child custody even more complicated. When two people are unmarried and have a child together, by law the custody of the child is automatically awarded to the mother of the child. However, there are options for the biological father of the…

01 May 2019

Paternity

Paternity refers to the establishment of the legal father of a child. Often, paternity issues arise in cases involving child support, but they can also be important in relation to adoption, inheritance, custody and visitation, and health care. While many states require that paternity be established by a "preponderance of the evidence," meaning that it must be more likely than not that a putative father is the father, some states apply a higher standard. If you're seeking to establish or challenge paternity in a civil suit, an attorney can help you in offering the correct evidence under state law and…

01 May 2019

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements are written agreements with the legal weight of a contract. These agreements dictate what will happen with your money, property, and debt if you and your spouse divorce. In other words, you are a making an agreement about who gets what if the marriage does not work out. Under Florida law, the main difference between a prenuptial agreement and a postnuptial agreement is timing. Prenuptial agreements are written and signed before the marriage, while postnuptial agreements are signed during the marriage. Because you and your fiancé or spouse are agreeing voluntarily after full financial disclosure, prenuptial…

01 May 2019

Property Division

If children are involved, the parent who spends the most time with the kids, or who provides their primary care, usually remains in the marital home with them. If you don't have children and the house is the separate property of just one spouse, that spouse has the legal right to ask the other to leave. If, however, you don't have children and you own the house together, this question gets tricky. Neither of you has a legal right to kick the other out. You can request that the other person leave, but you can't require it. If you and…

01 May 2019

Visitation/Parenting Schedules

Also known as a parental plan, a parenting plan is often used in cases involving divorce, separation, annulment, and custody. This type of plan is an agreement between parents that details the schedule as well as the duties and responsibilities of each in the rearing of their children. What Does a Parenting Plan Usually Include? A parenting plan typically includes important issues such as: A schedule outlining how much time and when each parent will spend with the child. The duties and responsibilities of each parent. Parental rights, which include who will be responsible for making important decisions ( e.g.,…