Category: FAQ
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How will the state court determine where my children should reside after the divorce?
State courts determine where a child or children reside based upon the best interest of the child factors enumerated in the statute. The courts examine the evidence in light of those factors and make a determination based upon that evidence.
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Who determines how much visitation is reasonable and fair?
Time change schedules can be determined by the parties involved, in which case they would decide what is reasonable and fair or by the judiciary. If it is a court-ordered time changed schedule, the court will consider the best interests of the child factors and render a decision based upon the evidence presented and the…
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How can I ensure the safety of my children if I suspect the other parent is using illicit substances?
If you suspect the other parent is using illegal substances, especially when they have custody of the children, it is important to reach out to the Child Protective Services Legal Assistance division at the contact information available on their official website. Additionally, seeking guidance from a legal professional can help you explore the appropriate measures…
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What is the first step I should take if I receive a summons and complaint in the state of Florida?
It is advisable for anyone served with legal documents in Florida to seek counsel from a lawyer who specializes in the relevant field. Remember, there are specific deadlines for responding to the complaint. It is crucial to be aware that the countdown for your response begins on the date of service for the civil lawsuit.
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What is the obligation of a parent to financially support their child?
Child support is the responsibility of a parent to provide financial assistance for their child. Factors taken into account when determining child support include the parent’s total and income after taxes, costs like child care expenses, and any special requirements the child may have. Additionally, the custody arrangement between the parents is also considered.
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What happens to retirement funds and 401k plans in a divorce?
In a dissolution of marriage action, all assets that were accumulated during the marriage and all debts that were accumulated during the marriage are put into a spreadsheet. Those assets and debts are divvied up between the parties to achieve an equitable result. What happens to a retirement plan or a 401(k) plan, depends upon…
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What if I relocate to a different state ? does my trust remain valid?
Yes. Living Trusts are recognized and valid in all 50 states, regardless of the state in which they were initially established.
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What services can a legal professional provide?
The attorney will handle the preparation or review of the Contract, and explain its terms to you, obtain and examine a title search, check for unrecorded municipal liens, handle the preparation or review of the Closing Statement to ensure the correctness of all fees, handle the preparation or review of the Deed, Bill of Sale,…
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Who is responsible for payment of title insurance?
That varies depending on the County where the property is situated. In certain counties, such as County A, County B, and County C, it is typical for the purchaser to cover the cost of title insurance, whereas in others, like County D, it is typically the seller’s responsibility. However, this can be subject to negotiation,…
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How Can an Insurance Service Commit “Improper Conduct” That Justifies a Lawsuit?
When an insurance service fails to fulfill its obligations stated in an insurance agreement or neglects certain legal responsibilities, then there might be grounds for a lawsuit based on “improper conduct.” Improper insurance practices can involve the service’s refusal to settle a claim filed against you in the event of your fault in an accident,…
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What Damages can be Obtained for Insurance Misconduct?
Typically, the damages comprise of all harm caused by the insurance company’s failure to handle a loss adjustment “in good faith.” In certain situations, the fees of your own legal representative can also be recovered. In exceptional cases of extreme and shocking misconduct, punitive damages might be recoverable. If you face a lawsuit because the…
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How much time do I have to initiate a claim or lawsuit?
The time limits for bringing a claim or lawsuit differ in Florida based on the nature of the case you wish to file. For instance, personal injury claims typically must be filed within four years from the date of the injury or accident. However, medical malpractice claims may have a more restrictive time frame of…
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Who will determine if I can receive an accommodation?
A. The decision regarding your accommodation depends on the nature of your request. Requests that do not require the involvement of a judge or judicial officer will be reviewed by the Head Clerk or District Administrator, sometimes in consultation with the Statewide ADA Coordinator. This includes most requests for “auxiliary aids and services” as defined…
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What can I do if my request for accommodation is denied?
A. You can seek review of that decision. How you seek review depends on who denied your request. If a magistrate or judicial officer denied your request, you can seek review through the usual process of judicial review. If you need legal advice on how to have a magistrate’s decision reviewed, please visit Court Support…
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What Does a Custody Order Entail?
A custody order assigns the duty of caring, controlling, and supporting a child to one or both of the child’s parents or to a different party.
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Who is eligible to submit a petition for an Order of Custody?
A parent, grandparent, or an individual with a significant connection or relationship with the child may submit a petition in the Family Court seeking to obtain custody of the child. The person or parties currently having custody of the child must be personally served with a copy of the petition and a summons. In cases…
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What is the definition of an Order of Visitation?
A parent wishing to spend time with their child may submit a petition in Family Court against the individual or individuals who currently have custody of the child. Custody and visitation issues are typically addressed during the same hearing, although a visitation petition can also be filed as a distinct matter. Additional relatives, including grandparents…
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What is the process of Custody/Visitation Mediation?
What is the duration of family mediation? Mediation is a voluntary and confidential process to resolve conflicts. A trained, neutral person (the mediator) can assist you in creating a parenting plan that suits your specific family. The mediator will not render any decisions; you will have the opportunity to express your thoughts and make your…
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What happens if one side interferes with the custody or visitation that was ordered by the court?
If a court order gives certain custody or visitation rights to a party and the other party fails to obey the order, the complaining party may file a petition alleging a violation of the order. After the court holds a hearing, the judge may change the order and/or impose sanctions on the party who has…
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How can I assist my legal representative if I am facing a lawsuit?
Ensure that you maintain precise records and that you keep copies of all documents pertaining to your case. The more information and documentation that you can provide to your attorney, the better off you will be.
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Who determines the geographic location where my lawsuit will be heard?
The venue, which is the location of your lawsuit, can be determined by several factors. These factors include where both parties reside or operate their businesses, as well as where the underlying claims originated. Ultimately, the party initiating the lawsuit typically has the authority to decide where the legal proceedings will take place.
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What kinds of property are not controlled by my legal documents?
Non-probate assets such as joint bank accounts, life insurance proceeds, accounts designated as “in trust for,” accounts designated as “pay on death,” brokerage accounts designated as “transfer on death,” and any other assets with a designated beneficiary do not pass under your legal documents. Generally, these assets pass outside your legal documents to some designated…
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What is a Contingency Retainer?
The contingency fee arrangement is one in which law firms are paid a percentage of what you recover. Usually it’s 35-40% of the total recovery, but this can vary. Employment and civil rights cases offer another possibility – fee shifting contingency. In these cases, the attorneys are paid by the employer at the end of…
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What does a Fixed Cost Retainer entail?
A fixed cost retainer refers to a set price that you pay for the legal service, regardless of the duration of the representation. This allows you to better manage the associated risks. With a fixed cost retainer, you are guaranteed to only pay a predetermined amount for the service, irrespective of the workload. However, in…