December 15, 2022
Making decisions about custody-related issues is rarely simple. However, it might make the custody dispute much more difficult if one parent is ill-suited. That said, it may be in the child’s best interest for the other parent to receive exclusive custody if it can be proven that the other parent is unfit.
What Does it Mean to Be an Unfit Parent in Florida?
According to Florida Statute 751.05, the court must determine that a parent has neglected, mistreated, or abandoned a child in order to determine that the parent is unfit. If a parent struggles with mental illness or substance misuse, the parent may also be deemed unfit. The person may only now be experiencing these problems, or they may have a long history with the behavior or disease.
When it comes to mental illness and drug misuse, the court weighs all pertinent information to assess if leaving the child with the parent will put them in a position that could be harmful to them. If the judge grants the other parent or a guardian sole custody, the judge may order that the child has restricted or supervised visitation with the parent.
Factors That Could Result in a Decision of Being Unfit
Abuse or neglect is one of the most frequent grounds for declaring a parent unfit. Abuse can be physical, sexual, emotional, or verbal in many different ways. A child who has been abused may suffer from various bodily wounds, but they may also experience emotional and psychological trauma that may affect them for the rest of their life.
In addition, neglect can take many various forms. This may also occur when a parent does not give their child enough food, clothing, or shelter. Living in a dangerous environment, for instance, might count as neglect. The court may conclude that a parent is ignoring their child if the home is full of pests or poses a health risk.
However, maintaining a filthy home could also lead to the conclusion that you are an unsuitable parent. Vermin, black mold, and other health risks that could come from a dirty home could result in major health issues or injury.
Being deemed unfit as a parent might also result from parental alienation. A child benefits when both parents participate actively in their child’s life and are in good physical and mental health. The child suffers the most when a parent consciously distances a child from the other parent.
A parent who has alienated their child from their family may result in long-term emotional suffering and mental trauma for the youngster. Due to parental estrangement, a child may also experience depression, anxiety, or other psychological issues.
Proving That a Parent Is Unfit
Despite what you may claim, a court may not solely reject your request for custody or visitation. The other parent’s unfitness must be proven to the court. Your accusations must be true, precise, and based on facts.
In such a case, you must present strong proof that your child’s other parent is unfit.
The pieces of evidence may consist of the following:
- Testimony from the child’s friends, relatives, teachers, and other acquaintances
- Testimony from experts such as doctors, psychiatrists, counselors, etc.
- Videos and pictures
- Medical and academic records
- Details of home inspections and visits
- If it supports your case, any proof pertaining to the parent’s behavior or condition that renders them unfit may be presented in court.
Conclusion
Overall, a family court would determine if a parent is unfit by looking at a number of factors. These factors can include the parent’s mental and physical health, ability to care for the child, their possible criminal history, and past behavior. The court will also consider the child’s needs and whether the parent is able to meet those needs. If the court finds that the parent is unfit, they may order that the child be removed from the parent’s care and placed in the care of another relative or guardian.
If you are looking for experienced practitioners who specialize in family law in Jacksonville, look no further than our expertise here at Dorsey Law JAX. Our services include all family law matters from short-term and emergency situations, such as injunctions against domestic violence to process a final divorce and post-judgment modifications of support and custody. Call us today, and let us help you with your current custody dilemma.
December 1, 2022
If you are facing an emergency situation and need immediate relief from the court, you may file an Ex Parte Emergency Relief motion. This motion is typically used in cases where there is a risk of irreparable harm if the relief is not granted.
For example, suppose you are a victim of domestic violence, and then your abuser has violated a protective order. In that case, you may file an Ex Parte Emergency Relief motion to ask the court to issue a new protective order.
If you are granted Ex Parte Emergency Relief, the court will issue an order without hearing from the other party. This order will be in effect until a hearing can be held, at which point the court will ultimately determine whether to make the order permanent.
If you need immediate relief from the court due to an emergency, you should speak to an attorney to discuss whether filing an Ex Parte Emergency Relief motion is right for you.
Read on to find out more about Ex Parte Emergency Relief:
Procedure to Follow If There’s a Motion for Regular Temporary Relief in Florida
If you’re currently dealing with a family law case in Florida and there is a motion for regular temporary relief, specific procedures have to be followed. First, you must file a notice of the motion with the clerk of the court. This notice must be served to the other party at least five days before the hearing of the motion. The notice must state the time and date, as well as the place of the hearing, as well as a short and concise description of the relief that is being requested.
At the hearing, both parties can present evidence and argument in support of their respective positions. The court will then decide on the motion. If the motion is granted by the court, it will issue an order granting the requested relief. This order will be effective for a period specified by the court, typically six months.
If you are presently involved in a family law case in Florida, and there is a motion for regular temporary relief, it is crucial to familiarize yourself with the procedures. By following these procedures, you can ensure that you are protected and that you have the best chance of prevailing on your motion.
Issues Commonly Raised in a Motion For Temporary Relief Florida Hearing
When you file for divorce in the state of Florida, you may also file a motion for temporary relief. This motion is called a “temporary injunction” or a “pendente lite motion.” A motion for temporary relief requests the court to make temporary orders about specific issues in your divorce case.
The court can make temporary orders about:
Need for Spousal Support:
A temporary spousal support order, for instance, may be issued by the court during a divorce proceeding based on the needs and ability to pay of both spouses. This type of support may even be ordered in short-term marriages. In many cases, the amount of temporary spousal support ordered by the court is similar to what may be ordered at the final hearing.
Need for Child Support
Even though a divorce is not yet finalized, the needs of any children involved do not stop. The court will look at the incomes of both parties and how much time each party is spending with the child or children to determine a temporary child support amount to be paid during the proceedings. This amount may change if the time-sharing schedule changes in the future.
Exclusive Use and Possession of the Home
If you are going through a divorce, both you and your spouse are likely entitled to equal use of the home. However, this might not be the best situation for either of you. If this is indeed the case, you can ask the court to award you temporary exclusive use and possession of the home, so the other person cannot come and go as they please.
Conclusion
Ex parte emergency relief is a legal process where one party can request emergency relief from the court without notice to the other party. This type of relief is typically used in situations where immediate and irreparable harm will occur if the relief is not granted. Ex parte emergency relief can be granted for a variety of reasons, including domestic violence, child custody, and restraining orders.
Dorsey Law JAX is a trusted law firm in Jacksonville with seasoned attorneys specializing in family law, as well as personal injury and criminal law. Schedule a meeting with our lawyers today to discuss your case!
December 1, 2022
When two people get married, they often do so with the intention of staying together forever. However, the reality is that divorce happens, and it happens more often than many people realize. In fact, according to data from the American Psychological Association, the divorce rate in the United States is around 40%.
While getting divorced may not be something that people like to think about when they’re getting married, it’s important to be prepared for it just in case. One way to do this is to get a prenuptial agreement. A prenuptial agreement, also known as a prenup, is a legally binding contract that is signed by two people before they get married.
The contract outlines each person’s rights and responsibilities in the event of a divorce. Prenuptial agreements are not just for the wealthy. In fact, they can be beneficial for anyone who is getting married, regardless of their financial situation.
Here are seven reasons why prenuptial agreements are important for engaged couples in Florida:
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Protect Your Assets
A prenuptial agreement can protect your assets and property in the event of a divorce. If you own a home, a business, or other valuable property, a prenuptial agreement can help ensure that these assets remain in your possession in the event of a divorce.
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Protect Your Business
If you own a business, a prenuptial agreement can help protect it in the event of a divorce. This is because the agreement can stipulate what will happen to your business in the event of a divorce. For example, you can specify that your business will go to your business partner or other family members in the event of a divorce.
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Avoid Arguments About Money
Money is one of the most common reasons couples fight. If you have a prenuptial agreement, you can avoid arguments about money by specifying how your finances will be handled in the event of a divorce. For example, you can specify who will pay what bills in the event of a divorce.
If you have children from a previous marriage, you may want to use a prenuptial agreement to protect their inheritance in the event of your death. By including provisions in your prenup that designate how your assets will be divided in the event of your death, you can ensure that your children receive their fair share.
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Protect Your From Debt
If you or your future spouse have significant debt, you may want to consider a prenuptial agreement to protect yourself from being responsible for your spouse’s debt. By including provisions in your prenup that designate how debt will be handled in the event of a divorce, you can protect yourself from being saddled with debt that you did not incur.
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Protect Your Privacy
If you are concerned about your privacy, a prenuptial agreement can help protect your information. By including provisions in your prenup that designate what information will be considered confidential, you can help ensure that your private information remains private.
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Protect Your Rights
If you are concerned about your rights in the event of a divorce, a prenuptial agreement can help protect you. By including provisions in your prenup that designate how your assets will be divided in the event of a divorce, you can help ensure that you receive your fair share.
Conclusion
Prenuptial agreements can be very beneficial for couples in Florida who are getting married. They can help to protect each other financially in the event of a divorce, and can also make it easier to divide property and assets if the marriage does not work out.
If you are considering a prenuptial agreement, it is important to speak with an experienced attorney who can help you understand the benefits and drawbacks of such an agreement. You should also make sure that you and your future spouse are on the same page about the agreement, and that you both understand the terms and conditions.
If you’re ready to make decisive steps to place safety nets on your marriage, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.
