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Saint Lucie County Legal Issues Blog

Know the requirements of a Florida parenting plan

A parenting plan is an agreement that stipulates how the unmarried parents of a child will share in the responsibilities of raising that child after their relationship has come to an end. There are a number of considerations that must be addressed in parenting plans, and this post will briefly discuss some of those minimum requirements. Florida residents should talk to their family law attorneys about the requirements they may need to meet for their particular Florida parenting plans.

At a minimum, a parenting plan must detail the schedule that the child will follow with regard to the amount of time they will spend with each parent. Depending upon the needs of the child a parenting plan may have a child living exclusively with one parent while granting visitation time to the other; another parenting plan may support the joint physical custody of the child between the two parents. The subjective needs of the child should guide determinations related to this topic.

They are your children: Have a voice in their child custody plan

Although divorce is a legal process that requires its litigants to follow certain rules and procedures, the paths that Florida divorce petitioners follow can be very different. The way that the parties structured the ownership of their assets, the repayment of marital debts or the need of one partner to request alimony from the other can all change the nature of a Florida divorce.

One factor, though, has a greater impact on a divorce than practically all of the rest. That factor is the presence of children in the couple's life, particularly children that the partners to the divorce share as parents. If a couple has children, then it is very likely that their divorce proceedings will include negotiations over child support payments and child custody arrangements.

Establish paternity to secure future support for your child

In Florida and in jurisdictions throughout the rest of the country parents are expected to provide financial support for the children that they bring into the world. To this end when a person is legally recognized as the parent to a child then they become liable for that child's well-being and maintenance. At the hospital mothers are easily identified as the parents to their children but depending upon a mother's marital status the father of the child may be more difficult to determine.

A child who is born to married parents is presumed to be the offspring of their mother and her spouse. Testing is not required in most cases to determine a child's paternity when they are born into this factual scenario. Additionally, if a child is born to unmarried parents but both parents acknowledge the child's paternity at the hospital then both parents will be noted on the child's birth certificate and additional testing will likely not be needed.

Rehabilitative treatments for the victims of brain injury

Brain injuries can be seriously difficult conditions to contend with. They can affect the lives of their victims physically, mentally, emotionally and psychologically. Fortunately, every year, new treatments and rehabilitative techniques are being developed by doctors and researchers to help those who are suffering from brain injuries.

If you suffered a brain injury in a serious car accident in Florida, you might be interested to learn about some of the non-chemical and non-surgical treatment options that doctors and therapists may use to rehabilitate you following your injury.

How important is it to disclose all assets during my divorce?

When two Floridians take the plunge and unite themselves together in marriage, they are doing more than creating a legal bond. In many cases, marriage means comingling assets, sharing in each other's wealth and working together through each other's hardships; taking on each other's responsibilities while sharing in each other's windfalls. Marriages often have a financial component that is guided by the actions of the partners to the couples, and when marriages end in divorce, the economic matters to be settled can therefore be significant.

In many divorces, the division of property and the settlement of support matters are paramount to the parties. In order to assess the relative financial positions of the parties courts sometimes ask individuals to list or inventory their assets and liabilities so that the courts can determine the likelihood that the parties will be able to support themselves after their marriage is over. These disclosures provide courts with clear pictures of where the parties stand and if either should receive support from the other after their union has been dissolved.

Legal custody is an important part of post-divorce parenting

One of the major concerns that Florida parents have when they choose to divorce is how their children's lives will be affected by the split in their family. Often those concerns revolve around how the kids' daily lives will be uprooted by physical custody matters; physical custody refers to where a child lives and which parent has control of their physical person. Parents can share physical custody, or one parent can be assigned sole physical custody while the other receives visitation time with the children.

However, physical custody is not the only form of child custody that parents should concern themselves with. Legal custody is also a very important part of settling a child's life in the wake of a divorce; legal custody concerns the right of a parent to make important and long-term decisions about their children's upbringing and care.

Can I get custody of my child as an unmarried father?

Florida courts seek to provide for the best interests of children when they make custody decisions. Whether they are establishing physical custody and visitation schedules, legal custody, or both, courts must weigh many factors in order to understand how their parents and other relatives may provide and care for the children when they are under the adults' control. Generally, parents are able to secure physical and legal custody of their children, but as an unmarried father, a man may have a few obstacles to hurdle in order to achieve his custody wishes.

First, if the man has not had his relationship with the child legally acknowledged then he may have to submit to paternity testing. A paternity test shows whether a man is biologically related to a child and if the results of the test are positive then the man may be able to pursue custodial rights to the child. If the test results are negative receiving custody of a child may not be possible for the man.

Real estate developer and wife plan to divorce

All couples experience challenges that threaten the stability of their marriages and make them consider how best to salvage their relationships. For some Floridians, hard work and understanding help them to remedy the problems that arise between them and their partners. For others, there are no options to fix the issues that develop between their spouses and them.

Divorces happen to individuals of every background, including the very wealthy. In fact, a well-known South Florida real estate developer and business partner of President Donald Trump is planning to divorce his estranged wife. Gil Dezer, whose wealth is estimated in the billions of dollars, will divorce his wife of ten years and make their year-and-a-half separation permanent.

Helpful tips for handling new school year routines

With a new school year on the horizon, parents and children alike will have to adjust to new realities. There may be new schools, new friends, and of course, new challenges. But life is all about making adjustments; so divorced and separated parents must find a way to make things work as a new school year begins. This post will provide some helpful tips to make things easier.

Make sure the school is informed – Each parent should bear the responsibility of making ensuring that the school has each parent’s contact information. This way, both parents are kept in the loop regardless of whether they are living separately. 

Our firm works to help parents secure child support payments

Not long ago, this Saint Lucie family law blog provided its readers with a post on the factors that may play into a child support order. Child support is intended to provide a child with the financial support they need to have their basic requirements met and, in the case of divorce, to live at the standard they were accustom to when their parents were together. As different children have different needs child support obligations can vary from family to family and it is important for families to consult with family law attorneys to ensure that their kids are receiving the appropriate amount of support for their necessities.

Once a child support order is created, though, issues related to its execution may still linger. In some cases, a parent responsible for paying child support may fail in their obligation and their child may go without the financial support their order mandated. In cases such as this, a parent with custody of their child may seek to have the child support order enforced through a variety of legal methods that can, if needed, penalize the delinquent paying parent.