Family Law

  • What is a Guardian Ad Litem and Do I Need One in My Case?

    ByGoodblatt • Leo Hours Categories Family Law

    In a divorce, modification, or paternity case where the issues concerning a child are highly contested, a Guardian Ad Litem (“GAL”) may be appointed by the Court. The GAL is a neutral person appointed by the Court to represent your child’s best interests. The GAL also assists in investigating allegations and making recommendations to the Court as to what is best for the child. The GAL will meet with both parties and the child as many times as deemed necessary. The GAL will talk to any witnesses you and the other party want them to.  He/she will review any documents provided or that they obtain, i.e. police reports, medical records, Court documents, school records, etc. The GAL will also assist in trying to resolve problems arising between the parties…

  • Can I Be Required to Pay Child Support for a Child I Didn’t Know I Had?

    ByGoodblatt • Leo Hours Categories Family Law

    Yes, you can.  Not knowing you had a child does not negate your obligation to pay child support. If you are served with a Petition to determine Paternity or Child Support for a child you didn’t know you had, there are several things you need to do. Most importantly, do not ignore the papers. You must respond to the Petition within the time the paperwork states.  Ignoring the Petition won’t make it go away.  The Mother and/or Department of Revenue will ask the Court to enter a default against you and the case will move forward without you.  The Court will presume that you are the child’s father, and child support will be ordered. Ask for a paternity test. It will prove whether or not…

  • Can the State Harass Me Over Child Support After a Chapter 13 Bankruptcy?

    ByGoodblatt • Leo Hours Categories Bankruptcy, Child Support, Family Law

    When you file for bankruptcy, the automatic stay goes into effect. This is a stop on all debt collection attempts from your creditors. It is meant to give you some “breathing room” as you work through the bankruptcy process. There are two notable exceptions to this stop: collection attempts for child support and collection attempts for alimony. If you are delinquent in your payment of either of these orders, the state is authorized to take actions to collect the money you owe. These actions can include wage garnishment and seizure of your tax return or lottery winnings.  It is Not Harassment; It is the State Ensuring your Children are Supported The reason why the automatic stay does not halt child support and alimony payments is…

  • Can an Out of State Domestic Violence Order Affect My Florida Parental Rights?

    ByGoodblatt • Leo Hours Categories Divorce, Domestic Violence, Family Law, Parenting Plans, Timesharing

    Any presence of domestic violence in your life, whether it is an isolated incident that occurred in your past, a restraining order, or a criminal charge, can affect your parental rights in Florida. It does not matter if your charge or restraining order is from another state. Although Florida typically creates timesharing arrangements that provide both parents with parenting time, yours could be curtailed if the court feels your child’s safety is at risk with you. The Court Always Looks as What is in the Child’s Best Interest When the court determines a parenting plan, it considers a long list of factors about the child’s needs and the parents’ lifestyle to determine the parenting plan that best suits the child’s best interest. These factors include:…

  • Do I Need a Parenting Plan?

    ByGoodblatt • Leo Hours Categories Divorce, Family Law, Timesharing

    The divorce process in Florida can be complicated and frustrating, especially when there are minor children from the marriage, but it can be easier and less contentious with the help of a family lawyer who has experience with collaborative divorce. Many couples in Orlando who are just beginning the divorce process have friends and family members who have gone through a divorce, and as such they have some basic knowledge about issues that can arise involving child custody, parenting, and time-sharing. One question that parents who are planning to file for divorce is whether they need to have a parenting plan, and if so, how they go about developing a Parenting Plan. Generally speaking, most parents in the state of Florida will need to have…

  • Using the Collaborative Process to Create Prenuptial Agreement

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce, Family Law

    Couples do not generally get married anticipating divorce, but this possibility is still present, and could justify the creation of a prenuptial agreement. Prenuptial agreements outline which assets a spouse would be entitled to keep or receive, the liabilities each side would agree to assume, and the payment of alimony. While negotiating the terms of these arrangements do not typically have the level of contention seen with a divorce settlement, it can still present opportunity for dispute, especially if one party is against separating finances. Traditionally, prenuptial agreements are negotiated between the attorneys retained by each prospective spouse, with little involvement between the couple. An alternative to this approach that requires a more hands-on commitment to forming an agreement is the collaborative process. This non-adversarial…

  • Issues Surrounding the Division of the Marital Home in Divorce

    ByGoodblatt • Leo Hours Categories Division of Assets, Divorce, Family Law

    How to address whether to keep or sell the family home in the wake of divorce is a looming issue for a lot of couples, since the house is often the largest tangible asset they own. There is also the issue of a child’s attachment to the home for security, community and school purposes that can complicate selling the property and splitting the proceeds. Florida follows the equitable division model when distributing marital property in divorce, which says the court will award property according to what is most just, though there is a presumption the marital estate should be divided equally. Often, the family home is titled in the names of both spouses, and both are responsible for any outstanding mortgage on the property. Whether…

  • Determining if You Need Permission to Relocate

    ByGoodblatt • Leo Hours Categories Divorce, Family Law

    Moving to a new place frequently brings the conflicting emotions of stress and excitement that reflect the complex reality of transitioning to a new life stage. Relocating when parents share child custody is quite a bit more complicated, and may require court intervention if procedures are not followed or disputes arise. Parents understandably want to live as close as possible to their children if custody is shared, both to facilitate the exercise of parenting time, and to make the logistics of child exchange easier. People seem to be moving, and moving great distances, with greater frequency as the past limitations of location and communication are overcome by modern technology. However, Florida has a strong preference for promoting healthy relationships and frequent contact with both parents,…

  • Child Custody Issues with Same Sex Couples

    ByGoodblatt • Leo Hours Categories Divorce, Family Law, Parenting Plans, Timesharing

    Forming an important and lasting bond with a child through direct involvement with the child’s daily life is not limited to the child’s legally-recognized parents. This influence may be exerted by any present and caring adult, and in the context of same-sex relationships, is not an uncommon arrangement. While many same-sex couples are now more aware of the legal pitfalls of failing to formalize parentage for the non-biological partner, a significant number are still in a legal no-man’s-land if the relationship ends and the biological parents decide to cut off access to the child. The child custody rights of parents in same-sex relationships is an area of the law that is still developing, and thus, predicting the likely outcome of a particular case is difficult….

  • An Illegal Marriage and How It Affects Your Rights during Divorce

    ByGoodblatt • Leo Hours Categories Divorce, Family Law

    As most people are aware, marriage is a prerequisite to filing for divorce. Without the existence of a legal marriage, a court does not have the power to resolve the issues typically associated with a breakup, i.e., child custody, support, alimony, etc. While the issue of the validity of a marriage is rarely a question for most couples, the current law on the issuance of marriage licenses leaves holes open to the marriage of very young girls, as it eliminates the normal age restrictions if the girl is pregnant at the time a request for a marriage license is filed. This has led to the marriage of very young girls, and the Florida Senate is currently considering a bill that would close this loophole by…