January 19, 2023
When parents are no longer living together, they must agree on where their children will live. In some cases, a judge will make this decision. Depending on the age and maturity of the child, the judge may consider their preference. This article will describe how this preference is handled in Florida.
Custody Decisions in Florida
When parents cannot decide how to divide parenting responsibilities and visitation time, a judge will decide for them. After both parents present evidence and arguments to the court, the judge will create a plan that is in the child’s best interest. This plan will include a visitation schedule and parental responsibilities that the judge believes are most suitable.
In the Child’s Best Interests
Time-sharing and decisions about parental responsibility for a child are based on what is best for them. Any custody hearings aim to figure out a parenting arrangement suitable for the child’s needs. Unlike other states, Florida’s custody laws require a judge to consider a parent’s morality when deciding.
A parent’s moral fitness refers to any matters that could affect the child’s moral and ethical development, such as substance abuse, having multiple partners, or any illegal activities. To decide, a judge will consider the effect of a parent’s extramarital relationship on the child.
Considering the Child’s Opinion in the Custody Decision
In Florida, the age at which a child can choose which parent to live with is not set in stone. Instead, the judge will consider the child’s maturity level, intelligence, understanding of the decision, and experiences with both parents before making a decision. The judge will assess these factors to determine whether the child is mature enough to decide which parent to live with.
The age at which a child can decide which parent to live with can vary depending on the circumstances. The court will consider the child’s preference and all other relevant factors, but the court is not obligated to decide based solely on the child’s opinion. The court will investigate if a parent influences the child’s opinion, and the court will make independent decisions for each child.
Are Minors Required to Testify in Court?
In Florida, a child is not required to testify in a family law court case. The court is very mindful of the fact that minors should be kept out of these proceedings. If necessary, a judge may allow a child to speak in court, or the court may have an expert, such as a licensed mental health professional, guardian ad litem, or custody evaluator, speak on behalf of the child. Additionally, the judge may take the child into their chambers to hear what they have to say. If this is done, a court reporter must be present to record the child’s words and for the judge to consider in their decision.
Conclusion
The primary consideration in Florida custody hearings is the child’s best interests. Factors such as the child’s age, emotional bond, mental and physical health, and individual preferences are all considered. It is important to note that while the child’s preference is given due consideration, it is not the sole factor in determining the outcome. Ultimately, the court must decide based on the child’s best interests that preserve the child’s health, safety, and welfare.
Dorsey Law JAX specializes in a wide range of family law issues. We provide all services under family law, from injunctions against domestic violence to divorce processes. We work to negotiate settlements but will fearlessly take a case to trial when necessary. If you are looking for a divorce attorney in Jacksonville, FL, we are more than willing to help. Get in touch with us today and let’s talk.
January 12, 2023
In Florida, when determining child custody, the court considers what is in the best interest of the child. The court may rule that both parents should share custody, meaning they both have a legal right to make decisions about the child’s life and have a say in the day-to-day care and upbringing of the child.
The court also determines a parent’s legal rights and visitation, which outlines how much time each parent will spend with the child. In this guide, we explore exactly how Florida custody laws apply when a parent or guardian dies.
Naming a Guardian for a Minor Child
When a parent dies, their last wishes are typically laid out in a will. This is where they can name a guardian for their child. The court may also appoint a guardian if there is no will or if the will is contested.
If the parent has named a guardian in their will, the court will usually honor this decision. The guardian should be a responsible adult willing and able to care for the child. The court may also consider if the guardian is a good fit for the child and their family situation. If a guardian is appointed, they will have the same rights and responsibilities that a parent would have. This includes decisions about the child’s upbringing, education, and healthcare.
If the parent did not name a guardian in their will, the court would make the decision based on the best interest of the child. The court will consider which family members are available and willing to care for the child, as well as any other factors that may impact the child’s well-being.
Awarding Custody to a Surviving Biological Parent
If the deceased parent has a surviving biological parent, the court will usually award custody to them. The surviving parent must be able to provide a safe and stable home environment for the child. The court may also consider the relationship between the parent and child, as well as the parent’s ability to meet the child’s physical and emotional needs.
If the surviving parent is deemed unfit to care for the child, the court may award custody to another family member or to a non-family member. The court will consider the same factors as when awarding custody to a surviving parent.
Step-Parent Adoption: Is it Possible?
It is possible for a step-parent to adopt a child in some circumstances. Generally, the birth parent must first give up their parental rights through a process known as a relinquishment of parental rights.
This may be voluntary or involuntary. In some cases, the step-parent may also need to obtain the consent of the other parent if they are still alive. Once the parental rights of the birth parent have been relinquished, the step-parent can then petition the court to adopt the child.
Conclusion
Florida child custody laws are complex and vary depending on the circumstances. Ultimately, the court’s goal is to ensure that the child or children are in the best possible environment, and will make a ruling that is in the best interest of the child or children.
To learn more about child custody in Florida, Dorsey Law JAX can help you out. We are family law practitioners dedicated to helping families with any legal matters. Get in touch with us today to learn how.
January 5, 2023
While marriages are happy unions, some married couples make the difficult decision to end their relationship. This feat could be challenging, and the ensuing stages can be difficult as well. This is why it is critical to find an experienced attorney. The importance of hiring a divorce lawyer is getting the legal representation you need throughout the divorce process according to the state laws you are in.
As you take on a divorce of your own, an effective strategy is to get the best attorney you can hire in able to move forward. Read on to discover how you can get the best Florida divorce lawyer.
Know the Responsibilities of a Divorce Lawyer
When considering divorce, you may wonder if you need an attorney. Because lawyers are expensive, it may be tough to justify hiring an attorney if you stand to lose a significant amount of money in your divorce.
The truth is that when you do not hire an attorney, you lose even more. You may agree to an unfavorable divorce result or fail to comply with procedural requirements that impair your case if you do not have legal representation.
Family law lawyers and divorce lawyers aim to establish a legal and equitable settlement that is in your best interests. With legal representation, you have a fighting chance to get the best out of your divorce.
Know Your Attorney’s Objectives and Experience
Speaking with various attorneys will assist you in selecting the best one. Once you are in this stage of choosing your lawyer, interview them and ask critical questions, such as previous cases, experience, background in Florida family law, and so on. Know the lawyer’s strategy and see how they fit the goals you want to achieve. After this stage, you can then compare their responses.
Beyond the interview, you must be able to determine the level of discretion the lawyer can provide you. For example, you should be able to tell the truth to your attorney. After all, your opening questions to an attorney will be determined by the facts of your case.
Skilled lawyers will notify you when extra documentation is required and what to expect as the procedure progresses. Once you’ve decided on a family lawyer, let them know your preferred method of contact so they can keep you updated. Multiple rounds of offers and counteroffers may be required before both parties reach an agreement.
Know What to Disclose with Your Divorce Lawyer
This part is all about getting personal. When you accept legal counsel, you are protected by the attorney-client privilege. This implies that everything you tell your attorney in confidence is protected by attorney-client privilege; a lawyer who abuses this privilege faces disbarment and criminal prosecution.
Even if you want to keep some information secret, supplying your divorce attorney with more information helps them build the best case. If you supply your divorce attorney with as much information as possible, you may be surprised at which details become valuable.
Ask Your Peers for Referrals
Asking for referrals from friends, family, and coworkers will help you find a divorce lawyer who exudes confidence and has a track record of success. However, you must remember that examining potential candidates means you do not limit your options based on what others say. Take into account your own instinct so as not to miss out on superior legal counsel.
Understand the Process of Divorce Proceedings
Divorce time varies according to separating couples’ willingness to cooperate, the complexity of their financial problems, and other factors. Such factors may also be influenced by Florida divorce laws. Moreover, when there are intricate financial issues in a divorce, or the parties are unwilling to discuss a compromise, litigation might endure for much longer than is expected.
Conclusion
Indeed, there are ways to ease divorce proceedings. With the best divorce lawyer on your side, you can lessen the stress of divorcing your spouse. Simply keep this guide in if the time comes when you are in search of reliable legal counsel.
If you’re ready to take on your divorce proceeding, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us today at (904) 394-2865.
