Posted on August 12, 2024 in Domestic Violence

Dealing with an abusive ex can be incredibly challenging. It becomes more problematic if you have children together. As a parent, you want to protect your children from domestic violence while trying to manage the emotional and legal impact on your family. If you are trying to navigate a situation like this, speak with a trusted Miami, FL family law attorney to understand your options.

Legal Steps to Take

Abuse can come in many forms, including physical, emotional, and verbal, and it can have a significant impact on your children. If your ex is abusive, you need to take action to protect yourself and your children. Some of the legal steps you might consider are:

• Requesting a restraining order: In Miami, you can apply for a restraining order if you fear for your or your children’s safety. This enforceable legal document has the legal authority to prohibit your ex from contacting you or coming near you and your children. If you have evidence of abuse, this can help support your request.

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 Posted on July 25, 2024 in Family Law

A new Florida law took effect on July 1, 2023, that revised the laws governing the establishment of paternity. The goal of the new law is to give unwed fathers the same rights as fathers who are married to their child’s mother. Parental rights that were once the sole purview of an unwed mother now extend to unwed fathers as well. The previous law left unwed fathers with no clearly defined parental rights. Once paternity is established under HB 775, full parental rights are granted to the father – the same rights as the child’s mother.

Unwed fathers who may have felt as though they had no real place in their child’s life or future could benefit from speaking to a knowledgeable Miami, FL paternity lawyer. Speaking to an attorney ensures these new laws will be applied to unwed fathers with newborns as well as fathers of older children. The details can be sorted out and clearly set forth so all those involved are aware of how these new laws affect them.

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 Posted on July 17, 2024 in Adoption

Prospective parents who are seeking to adopt a baby often worry about whether they will be considered qualified. While the adoption process can be stringent and time-consuming, most stable adults can meet the basic legal requirements to adopt a child in Florida. Approaching an agency adoption can be intimidating, as you will require approval from both the courts and the agency responsible for matching children and parents. It is always best to be represented by an experienced Miami, FL adoption attorney before you start your application. A lawyer can review the requirements with you to help ensure that you are eligible to become adoptive parents before you begin this arduous process.

Understanding Florida’s Adoption Requirements 

The legal requirements to adopt a child in Florida are fairly basic, although specific agencies may have additional requirements. Generally, you must be able to show that you are: 

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 Posted on June 19, 2024 in Family Law

Some children do very well being homeschooled. Others need the socialization and structure of traditional schooling. If you and your child’s other parent are getting divorced and intend to continue or begin homeschooling, you should familiarize yourself with both the risks and the benefits. You also need to examine not only your own ability to teach your child at home, but the other parent’s ability to commit to your child’s education and other factors that may influence whether homeschooling after divorce is right for you when you are creating a child custody plan. A knowledgeable Miami, FL divorce and child custody attorney can help you and your spouse decide whether the benefits of homeschooling outweigh the risks in your particular case.

The Risks of Homeschooling for Divorced Parents 

A few of the potential pitfalls of homeschooling your child after getting divorced include: 

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 Posted on June 12, 2024 in Child Custody

When a child is attending a traditional brick-and-mortar school, shared child custody arrangements can be very difficult unless the parents live close together. Your options in that situation might be limited to giving one parent custody during the school year while the other parent is limited to seeing the child only during breaks from school. Homeschooling can allow for a 50/50 or similar child custody arrangement. There are benefits and risks associated with homeschooling after divorce. A Miami, FL child custody attorney can help you decide whether homeschooling is right for you and your child.

Benefits of Homeschooling After Divorce 

The most notable benefit of homeschooling is that you can create a child custody schedule without having to worry about transporting your child to and from school. If one parent lives a little too far from your child’s school to reasonably drive him there every day, homeschooling can make it easy for you to share time with your child more easily.

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 Posted on May 24, 2024 in Domestic Violence

If you have experienced domestic violence in your marriage, you should strongly consider getting divorced. Domestic violence almost never stops on its own. People who physically abuse their spouses tend to get more and more violent over time and often do not stop until their victims escape–or until the violence turns fatal. If you are filing for divorce after being assaulted by your spouse, you need to take certain steps to protect yourself in case your spouse responds violently when he or she finds out that you are leaving him or her. The presence of domestic violence may affect many areas of your divorce. You need an experienced Miami, FL domestic violence and divorce lawyer to help protect your interests during your divorce.

The Impact of Domestic Violence on Divorce Cases

The court will need to know immediately if your relationship involved physical abuse. You may need to take measures like getting a protection order to get your spouse out of your marital home and keep him or her away from your workplace and other places you frequent. You should also prepare for a contested divorce in case your abuser does not want to let you go peacefully. Parts of your divorce that might be affected if you can show that you have experienced domestic violence include: 

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 Posted on May 09, 2024 in Prenuptial Agreements

If your spouse is a U.S. citizen and you needed his or her status to legally enter the country before getting married, you might not have felt like you had much bargaining power when you made your prenuptial agreement. Sadly, many people who need a "fiancee visa" are unfairly – and unlawfully – coerced into signing a one-sided prenuptial agreement. Having a prenuptial agreement that leaves you with nothing and nowhere to go might make you think that you are trapped in your marriage, no matter how poorly your spouse treats you. Fortunately, if you were coerced into signing an unfair prenuptial agreement to protect your immigration status, a Miami, FL divorce lawyer might be able to have the agreement thrown out.

Was I Coerced into Signing My Prenuptial Agreement? 

This is a common situation for people who immigrate based on their plans to marry a U.S. citizen. You arrive in Miami from your home country and meet up with your fiance, planning to marry in the next 90 days. In fact, your immigration status depends on you getting married to your fiance in the next 90 days.

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 Posted on April 24, 2024 in Child Custody

Contesting, or going to court over, your child custody case is emotionally draining. A Guardian ad Litem might be appointed to help the court understand your family’s unique situation and what kind of arrangement would best serve your children. Florida state law lists some factors that courts should use to decide what custody schedule is in your child’s best interests. If you are going to litigate your child custody case, you need to understand these factors so that you can be prepared for the kinds of questions the judge or Guardian ad Litem will ask. Your Miami, FL child custody attorney can help you understand what each of these factors means and prepare to answer questions.

Child Custody Factors in Florida 

Some of the factors the court will consider when deciding on a child custody arrangement for your family include: 

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 Posted on April 09, 2024 in Divorce

Divorce can be especially hard for those with minor children. Not only must you stand up for your own interests, but you must also fight for the interests of your children. It is important to have an experienced and aggressive Miami, FL divorce and child custody lawyer on your side. Divorce can have a lasting financial and emotional impact on your children - and on you. Parents can take steps like getting mental health care for their children, reducing the amount of conflict they are exposed to, and working with the other parent to establish a plan for custody, support, and co-parenting. Your attorney can help you approach your divorce strategically with your children’s needs in mind.

Steps Parents Can Take to Minimize the Impact of Divorce on Their Children

Steps you as a parent can take to protect your childrens’ interests during divorce include:

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 Posted on March 25, 2024 in Child Custody

Miami is far more heavily populated from late fall into mid-spring than it is during the warmer months. Full-time residents of Miami may call people who spend their winters in Florida “snowbirds.” If you live in another state during the summer months but have established residency in Florida, it may make sense to get divorced and resolve your interstate child custody issues here. You may have certain unique issues in your divorce, especially if you own multiple properties that you rent out or wish to move back and forth from Florida to another state with your children. It is important to be represented by a well-qualified Miami, FL divorce attorney.

Child Custody for Wintertime Floridians

Interstate child custody laws may apply, and your attorney will need to carefully navigate your case to ensure that the Florida courts have jurisdiction over your child custody issues. The best interests of the child are the legal priority. If one or both of you spend different seasons in different states, relocation with a child may become an issue that needs to be addressed. Your plan for co-parenting will need to address things like maintaining continuity in the child’s education.

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