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Family Law

Regardless of the type of family law situation that you or your loved one is in, it can be very stressful. At HD Legal Solutions, we understand that all family related matters involve high emotions, anxiety and tension which is precisely why you need an experienced and objective family law attorney representing you. Our job is to focus on the laws and the best ways to protect your rights while removing the emotional aspect for you.. The laws in Florida can be very confusing when it comes to property distribution and children. Allow us to guide you through this difficult time by providing clarity and resolution. We understand that most people do not enter marriage thinking they are going to get divorced, and sometimes this is not even your choice, but you need to protect yourself and your loved ones. We also appreciate that a relationship that appeared sold and produced a child can turn unhealthy causing the need to establish paternity.

At HD Legal Solutions, we pride ourselves on assisting you and guiding you through this difficult time. We will keep you up to date on your case and explain each step of the legal process. We encourage our clients to be interactive with us so that we can provide the very best services. Whether you are getting divorced, attempting to establish legal paternity or would like to modify an existing Court Order, you are always best served to have competent legal counsel on your side.

The hiring of an attorney is something that should be taken very seriously. Contact us for your Free Initial Consultation to see what options best suit your family law needs.

FAMILY LAW AREAS OF PRACTICE

• Divorce or Dissolution of Marriage

• Equitable Distribution

This this the way the Courts divide all marital assets and debts. Something is considered marital if it was accumulated during the marriage regardless of title ownership. There are exceptions to this but generally the State of Florida will equitably distribute at a 50/50 ratio.

• Parental Responsibility

Per Florida Statute 61.13, the Court shall order that the parental responsibility for a minor child be shared by both parents unless the Court finds that shared parental responsibility would be detrimental to the child.

Evidence that a parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence, as defined in s. 741.28 and chapter 775, or meets the criteria of s. 39.806 (1)(d), creates a rebuttable presumption of detriment to the child. Whether or not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence, the Court shall consider evidence of domestic violence or child abuse as evidence of detriment to the child.

• Time Sharing or Custody

Per Florida Statute 61.13, the Courts, in determining the best interests of the child, shall evaluate all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:

(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and extracurricular activities.

(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

• Child Support

This is a mathematical equation that determines the child support figure. Some factors that are considered in this calculation are: the number of overnights each parent has with the child (ren), income of each party, health care cost for the child(ren) and child care expenses.

• Alimony

• Uncontested Divorces

In situations where both spouses agree on all terms and conditions of the divorce, including but not limited to: equitable distribution, timesharing, child support and alimony, an uncontested divorce can proceed. This is normally the ideal way to be divorced but typically doesn't occur.

• Relocation

• Paternity

• Child Support

This is a mathematical equation that determines the child support figure. Some factors that are considered in this calculation are: the number of overnights each parent has with the child (ren), income of each party, health care cost for the child(ren) and child care expenses.

• Relocation

o Florida Statute 61.13001 defines relocation. "Relocation" means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child. There are two ways to accomplish this. One is Relocation by Agreement. This means that the other parent is notified of one’s intention to relocate and will agree to it in writing. The second way is when there is no agreement. In those circumstances a Petition to Relocate is required and ultimately the Courts will decide if relocation is allowed.

• Modification

The Courts will allow for a modification of an order or judgment if there is a "substantial change in the circumstances" from the previous order or judgment. The most common cause is a reduction of income. The reduction must be permanent and the reduction cannot be by choice. Changes is income commonly permit a modification of child support and/or alimony. The second most common reason for a modification is when one of the parents is receiving more timesharing than was Court Ordered. This is typically grounds to make this change permanent and will also include a modification of child support. There are many other grounds to obtain a modification, call HD Legal Solutions today at 407-926-4007 to set up your Free Initial Consultation for clarity and resolution to your legal needs.

• Department of Revenue (DOR) Actions

The DOR is an agency that will assist women in obtaining child support which is done through a Paternity Action. In order for child support to be awarded, a Court must first establish legal paternity. What is important to note is that in these proceedings, timesharing or custody will not be addressed. Additionally, it has been our experience, that more times than not, the child support calculations that are prepared by the DOR attorney are incorrect, making it imperative for you to have HD Legal Solutions by your side.

• Domestic Violence Injunctions

Domestic Violence Injunctions should be taken very seriously. This occurs when one individual states they have been a victim of an act of domestic violence or they are in imminent fear of being the victim of an act of domestic violence. The consequences are much greater than the Court not allowing contact with each other. Domestic Violence Injunctions have been known to prevent employment when background checks are conducted. Additionally many people use this as a tool to get "custody" of the child (ren) and possession of the home without having to go through an entire divorce action. Finally, if an injunction is granted against you then you forfeit your right to have a gun and your concealed weapons permit will be revoked.

• Contempt or Enforcement Actions

This is the process that occurs when the other party is not obeying the Court's Order. It could be with respect to timesharing, child support, alimony, etc.