Here you can find answers to many commonly asked questions regarding family law matters. Can’t find the answer you’re looking for? No problem. Send us a message and we’ll get back in touch with you with an answer as soon as possible.
General Questions
What to do when the mother of my child won’t let me see them? Don't I have paternity or father's rights?
Unfortunately, when the relationship fails between parents, the children often are put in the middle by one parent who restricts the other parent’s timesharing with the children. This is all too common among unwed parents. In Florida, biological fathers who are NOT married to a child’s mother when the mother gives birth to the child, do NOT have parental or father’s rights to that child. Until paternity is established and the father petition’s the court for parental rights, the father is powerless.
That is where the assistance of an experienced family law attorney can make all the difference.
While decades ago, courts may have favored the mother over the father when determining issues related to child custody such as timesharing and parental responsibilities, that is no longer true. It is firmly held that both mothers and fathers play an important role in the lives of their children. Florida courts are concerned with what is in the best interest of the child(ren).
If you find yourself in the powerless position as described above contact us today to find out how one of our experienced family law attorneys can help you attain your parental rights.
How is ownership of a business effected when the owner gets married?
Infamously used by many in the legal profession, “it depends” …. if the business has always been treated separately from the marriage chances are good you will have sole rights to the business. However, equitable distribution laws in Florida may dictate otherwise depending on several factors.
Generally, separate property is defined as all real or personal property acquired prior to the marriage. However, a spouse may still have some rights to the business. If you commingled marital funds with the business, your spouse would be entitled to a share of the business’s value based on the proportional value of the marital funds invested compared to the total value of the business.
Was your spouse employed by the business? Labor-related contributions to the business impacts equitable distribution. There is a value to the contribution of this labor.
If you own or your significant other owns a business and are planning on getting married or you are married and considering how divorce would impact your rights to a business, you should seek the guidance of an experience Family Law attorney.
What to do if I’ve been served with Injunction papers?
There are several types of Injunctions (restraining orders), injunctions for: protection against domestic violence, stalking, repeat violence, dating violence, or sexual violence. When someone files for an injunction (restraining order), the judge determines if the alleged acts arise to a level that may pose immediate harm to the person filing for the injunction. In this case, a Temporary Injunction is ordered. Did a sheriff’s deputy serve you papers at your home, give you a few minutes to grab essential belongings and finally escort you off the property? You have been served with a temporary injunction…. or….if they let you stay in your home, you may have been served with a petition for injunction. In either case a hearing is set for a date in the very near future.
Injunctions can have immediate and long-term negative impacts on your life including the lost access to your home, limited contact with your children, loss of employment opportunities, restrictions on travel, among other restrictions.
It is important to seek out legal advice from an attorney experienced in handling injunctions.
Concerned that my spouse will move with the kids out of state?
A couple that is on the verge of separating or have separated and there are children may have concerns about the spouse moving with the kids out of Florida. Unfortunately, this is not uncommon and can have an impact on a parent’s timesharing with their children. It’s important to take this into consideration when deciding to file for divorce. When parties are married, there is very little that the court can do if a parent absconds with their children out of state. Each parent has equal parental rights. When a divorce is pending many counties in Florida have standing orders that prohibit the permanent relocation of children out of state without the written permission of the other parent or a court order.
If your spouse moves out of state with your kids or your concerned that this may happen, we can help. It’s important to consult with a knowledgeable family law attorney immediately. Delay in acting can make it much more difficult to reunite you with your children.