The Florida Statutes give grandparents, and great-grandparents certain rights for visitation with the grandchildren; however, don't get carried away and think you can simply demand access and be granted a lifetime placement with the child.
In all cases involving children, the court MUST consider the "best interests of the child"
in determining whether visitation is appropriate and under what circumstances.
The court must first find either: the marriage was disolved, a parent has abandoned the child or the child was born out of wedlock and no paternity has been established. Following this initial determination, the court then considers the "best interests of the child" and looks to:
a. The willingness of the grandparent to encourage a close and continuing bond between the child and the parent (no interference in parental decision making or actions)
b. The length and quality of the relationship prior to seeking visitation (how long and how much did you see the child before the difficulty arose)
c. The preference of the child if the child is old enough to express a preference on their own
(in layman's terms, teens can't be forced to visit people they don't want to visit)
d. The mental and physical health of the child
e. The mental and physical health of the grandparent
f. Such other factors as the court deems relevant (whatever else the court wants to consider)
If you are a grandparent who wants to have visitation with your grandchildren and you have been prevented by parent, you may have reason to rejoice. Selecting an attorney who understands your rights and the process by which they can be achieved is crucial.
Call me: 407-645-3297 or visit my website at www.aubreylaw.com or www.floridaguardianattorney.com
I will be there to help - and you can be there to help your grandchildren grow up!
Wednesday, June 9, 2010
Wednesday, June 2, 2010
Litigation Management or Mediation Solution
A trial in Divorce Court is not pleasant. In Florida, we have "No Fault" divorces. Nobody gets to tell their side to the judge in hopes of a "win" where fault is not at issue.
He had an affair. She spent our nest egg. He gambled away our retirement. She drank too much. He was not supportive of her career. She wouldn't get a job after the kids went to school. She wouldn't pick up the dirty laundry off the bathroom floor. He left a mess in the kitchen every night.
I have heard a LOT of Excuses for Divorce. There are many good reasons, but sometimes the excuses feel better. Unfortunately, the court doesn't have time or interest in solving all these issues and assigning blame.
The Court's concern is summed up in PEACE:
Parenting: ususally shared. Which parent will have a majority of timeshare with the children?
Equitable Distribution: All the assets and liabilities acquired during the marriage have to be divided between the parties. That includes all retirement accounts, as well as any retirement benefits earned. Houses, cars and investments are legitimate negotiation points; however, furniture and fluff can cause too much litigation. I once spent an hour in mediation to divide a big screen TV. The mediator and two attorneys cost 850 for that hour, more than half the cost of a new TV. In the end, the TV was damaged when turned over and even more litigation ensued.
Alimony: In Florida, normally, we have short term, and long term marriages. Long term get alimony, short term do not. There are also "gray area" marriages which may or may not result in Permanent Alimony depending on several factors listed in the statutes.
Child Support: Once Alimony is awarded, child support is calculated based on the combined income of the parties. A mathmatical formula establishes how much child support will be paid. Negotiation of this amount is possible, but many judges want factual calculations and will award that amount regardless of settlement agreements because child support is the CHILD's interest and should not be waived by one or the other parent.
Everything Else: Attorney's fees. Costs. Mediation Fees. Etc. Anything that doesn't fit in the first 4 categories falls here. Sometimes agreeing to pay a set amount for Attorney's fees is preferrable to having a trial and paying many times the amount to "Win" in court.
PEACE Possible In Divorce!
Call me at 407-645-3297, or just visit my website at www.aubreylaw.com
PEACE is within reach!
He had an affair. She spent our nest egg. He gambled away our retirement. She drank too much. He was not supportive of her career. She wouldn't get a job after the kids went to school. She wouldn't pick up the dirty laundry off the bathroom floor. He left a mess in the kitchen every night.
I have heard a LOT of Excuses for Divorce. There are many good reasons, but sometimes the excuses feel better. Unfortunately, the court doesn't have time or interest in solving all these issues and assigning blame.
The Court's concern is summed up in PEACE:
Parenting: ususally shared. Which parent will have a majority of timeshare with the children?
Equitable Distribution: All the assets and liabilities acquired during the marriage have to be divided between the parties. That includes all retirement accounts, as well as any retirement benefits earned. Houses, cars and investments are legitimate negotiation points; however, furniture and fluff can cause too much litigation. I once spent an hour in mediation to divide a big screen TV. The mediator and two attorneys cost 850 for that hour, more than half the cost of a new TV. In the end, the TV was damaged when turned over and even more litigation ensued.
Alimony: In Florida, normally, we have short term, and long term marriages. Long term get alimony, short term do not. There are also "gray area" marriages which may or may not result in Permanent Alimony depending on several factors listed in the statutes.
Child Support: Once Alimony is awarded, child support is calculated based on the combined income of the parties. A mathmatical formula establishes how much child support will be paid. Negotiation of this amount is possible, but many judges want factual calculations and will award that amount regardless of settlement agreements because child support is the CHILD's interest and should not be waived by one or the other parent.
Everything Else: Attorney's fees. Costs. Mediation Fees. Etc. Anything that doesn't fit in the first 4 categories falls here. Sometimes agreeing to pay a set amount for Attorney's fees is preferrable to having a trial and paying many times the amount to "Win" in court.
PEACE Possible In Divorce!
Call me at 407-645-3297, or just visit my website at www.aubreylaw.com
PEACE is within reach!
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