Orlando Family Law Blog

Child custody, co-parenting, and the parenting plan coordinator

Child custody and co-parenting issues can be amongst the most fought over legal issues in a divorce. Sadly, when parents can't come to an agreement regarding these issues the matter is left to a judge to make important decisions. This means that an individual who knows very little about the parties and the child will make living and visitation arrangements that can completely reshape a child's relationship with his or her child. For this reason, it is advisable to seek a peaceful resolution to these matters outside of court if at all possible.

One way this can be accomplished is through the utilization of a parenting coordinator. These professionals provide an alternative dispute resolution process whereby disagreeing parents can seek to remedy their issues through education and recommendations provided by an outside individual. The goal of this process is to reach an agreement on a parenting plan that supports the child's best interest.

Divorce's property division includes dividing marital debts

Most people who consider what their financial position will be post-divorce often find themselves thinking about property division. After all, the division of retirement accounts, properties, vehicles and other assets can determine the standard of living one can enjoy after marriage dissolution. Yet, just as marital assets must be equitably divided during divorce, so, too, must marital debts. If mishandled, an individual can find him or herself facing a crippling share of these debts.

Debt is handled very similarly to assets during the divorce process. Those debts that are incurred during the course of marriage are likely to be considered marital debt, meaning that it will be divided equitably during marriage dissolution. Those debts that were independently held prior to marriage will likely remain solely held by that individual.

Four common challenges to address during a grey divorce

More and more people over 50 years old are getting divorced. While everyone deserves to pursue happiness, divorce presents some specific challenges for this age group. According to a recent Forbes article, the top four challenges in grey divorces are Social Security benefits, division of assets, health insurance and adult children. By taking a look at common challenges, those considering grey divorce can better prepare to overcome some of the challenges that may be ahead.

Social Security benefits

We help fight for child custody modifications when justified

Recently, on this blog, we talked about the effect of parental substance abuse on children and role it can play in child custody determinations. There is no denying that substance abuse can have a profound effect on children, forcing them to take on responsibilities that are far too mature for them and leaving them susceptible to abuse and neglect. This is unacceptable, which is why Floridians who find themselves facing a situation where a parent with substance abuse has access to a child may want to take legal action to restrict that access.

If a custody agreement is in existence, then a modification of that agreement may be warranted if substance abuse is an issue. Unless the parties agree to the modification, the matter will be set for a hearing where evidence must be presented. Observations of a parent being under the influence, admissions regarding drug and alcohol use and even a history of substance abuse can carry weight in these hearings.

Ways to invalidate a prenuptial or postnuptial agreement

Entering into a prenuptial or postnuptial agreement can be a great way to alleviate financial concerns that may arise in the event of divorce. Many who enter into these agreements find that they are better able to focus on their relationship without worrying about potential financial issues that may or may not arise in the future. The ramifications of these agreements can have a profound impact, though, which is why Floridians should be diligent and careful before entering into one of them.

But, what about if one has already entered into one of these agreements? Is there a way out? It depends. There are some ways to invalidate a prenuptial or postnuptial agreement, but the burden is on the individual who is seeking invalidation to prove why the agreement should be invalidated. To start, agreements that are verbal in nature and are not commemorated in writing will be deemed invalid. Also, agreements that are improperly executed, such as by lacking the signature of both parties, can be successfully challenged.

Substance abuse can have a profound effect on children

It is no secret that substance abuse continues its icy grip in Florida. Every day, seemingly functional people, are addicted to illicit substances. Their addictions can have long-lasting ramifications that can have a far reach. Perhaps none is more important than the effects parental drug use can have on a child. Understanding how substance abuse effects children can be important for many reasons, but perhaps chief amongst them is to better understand how the issue may affect child custody and visitation arrangements.

The sad reality is that many children who live in households with substance abuse blame themselves for parental drug usage. This may cause some children to become withdrawn out of fear of triggering substance abuse. It may cause others to be overly active in hopes of alleviating whatever they perceive as a trigger for drug or alcohol abuse.

Equitable property division in Florida

Marriage dissolution brings about significant change. Many residents find the emotional struggle associated with divorce challenging to overcome, but even those who are happy to be ending their marriage can become concerned about the property division process. This is for good reason, too. After all, the outcome of property division can set the stage for an individual's post-divorce financial standing.

Poorly handled division can result in a decreased lifestyle and the loss of items of sentimental value, which is why we need to do everything they can to protect their interests when dividing marital property. State law recognizes equitable division of marital property.

Write A Love Letter To Your Child

loveletterspostimage.jpg

Divorce is very difficult for adults, but it can be even tougher on your children. Especially difficult when the other parent will not allow contact with your children and are waiting for the Courts intervention.

I like to suggest to my clients when they are denied access to their children to write letters. When your child receives a letter from a parent it can be MAGIC!

Each letter your child receives from you is a unique and definite expression of your love, delight, shared aspirations and desires you have for their future.

Florida's parental relocation law

Divorce can be difficult for an individual for a variety of reasons. For some, the financial uncertainty that accompanies marriage dissolution can be stressful, but for others the effect of a divorce on their children is paramount. This is why Floridians put forth a lot of time and effort into securing child custody and visitation arrangements that they believe further their children's best interests. Yet, even once an agreement is reached or a judge issues a custody order, the matter can pop back up at any time, potentially leading to conflict.

One situation where this often arises is when a custodial parent seeks to relocate with the child. If the parties agree to this relocation, then there isn't much of an issue. However, if a noncustodial parent challenges the move, then the custodial parent carries the burden of showing that parental relocation is in support of the child's best interests.

Prenuptial agreements: a growing perception as marriage enhancers

The American family has continued to evolve in diverse and exciting ways over successive decades. And that change has centrally embraced new attitudes concerning family law fixtures.

One of those mainstays is the prenuptial agreement, a contract that was once considered near taboo subject matter to many marrying parties in Florida and across the country.

Email Us For A Response

Contact The Marin Law Firm, P.A.

Contact our family law attorney online or call us at 407-680-1867.

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

7205 Curry Ford Road
Suite #1
Orlando, FL 32822

Phone: 407-680-1867
Fax: 407-442-0716
Map & Directions