Title

An Attorney with Integrity 

Video Blog

view:  full / summary

What is a social investigation?

Posted on October 6, 2016 at 12:45 AM Comments comments (0)


In any action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation. The investigation is a study concerning all pertinent details relating to the child and parent. The agency or persons conducting an investigation and study ordered by the court, furnish the court and all parties of record in the proceeding a written study containing recommendations. The recommendations include a written statement of facts found in the social investigation, upon which the recommendations are based. The court may consider the information contained in the study in making a decision on the parenting plan.

 


Can a court award attorney's fees for a modifications or an appeal?

Posted on October 6, 2016 at 12:40 AM Comments comments (0)



The court may consider the financial resources of both parties, and order a party to pay a reasonable amount for attorney’s fees and costs for a proceedings. This includes enforcement and modification proceedings and appeals. The trial court has continuing jurisdiction to make temporary attorney’s fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level. In all cases, the court may order that the amount be paid directly to the attorney, who may enforce the order. In determining whether to make attorney’s fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party’s cause is deemed to be frivolous.

Can the court order electronic communication between a parent and a child?

Posted on October 6, 2016 at 12:35 AM Comments comments (0)


Before ordering electronic communication, a court must consider:


Whether electronic communication is in a child’s best interests;

Whether communication equipment and technology to provide electronic communication is reasonably available and affordable;

Each parent’s history of substance abuse or domestic violence; and

Any other factor that the court considers material.


There is a rebuttable presumption that it is in the best interests of a child for a parent and child to have reasonable telephone communication. Unless this presumption is rebutted, the court will order telephone communication.


Electronic communication may be used only to supplement a parent’s face-to-face contact with the minor child. Electronic communication may not be used to replace or as a substitute for face-to-face contact.

 


What Happens When Kids are Placed in the Middle of Adult Issues?

Posted on October 6, 2016 at 12:35 AM Comments comments (0)



Children typically experience less negative consequences during a divorce if the parents shield kids from discussions of adult issues. The negative impact on the parties’ children is a sufficient basis to avoid using kids as a messenger or involving kids in financial disputes. There is also strategic reasons for shielding kids from disputes over adult issues. When a Florida divorce judge is considering the parenting plan, the judge will use the best interest of the child standard. Although numerous factors are relevant for analyzing the best interest of the child, an important theme in the factors involves the willingness of parents to put their children’s interest first. A parent who does not make negative comments about the other parent or share the details of contested financial issues with the child will generally be viewed favorably for protecting kids from this type of conflict.

Should I Trust the Legal Advice of my Spouse's Attorney?

Posted on October 6, 2016 at 12:30 AM Comments comments (0)



Although many marital dissolutions are amicable, divorce is necessarily an “adversarial process.” “Adversarial is not the same as “confrontational.” Even in the most amicable divorce, the financial interests of each spouse are in conflict to some extent. The party ordered to pay alimony and the one who will receive alimony have financial objectives that are in direct conflict no matter how cordial the divorce. The only way for one party to receive marital property is for the other party to give up their interest. If a spouse relied on the other spouse to manage financial issues during the marriage, there may be a tendency to trust that spouse about what constitutes a fair division of assets. Essentially, these matters typically require the assistance of independent legal counsel even if a spouse has informed you that their attorney indicated the court would resolve an issue in a certain fashion.

Rss_feed