I Am a Grandparent. What are my Rights to my Grandchildren?

As a grandparent, you probably cherish the relationships you have with your grandchildren. When an issue like your child’s divorce, death, or court involvement with your grandchildren’s lives threatens to sever this bond, it is important that you understand your rights as a grandparent and how to legally exercise them. Many people do not realize that grandparents do have rights to their grandchildren, such as the right to visitation with them and the right to adopt them in the event their parents’ rights are terminated. These rights also apply to great-grandparents.

 

Your Visitation Rights Depend on your Grandchildren’s Circumstances

 

Currently, a grandparent can petition for visitation with his or her grandchild if the following circumstances apply:

●       Both of the child’s parents are missing, deceased, or in a vegetative state; or    

●       One of the child’s parents is missing, deceased, or in a vegetative state and the child’s other parent has been convicted of a felony or a violent offense that poses a threat to the child’s safety or well being.             

 

If neither of the above circumstances apply, you cannot petition for visitation rights with your grandchild. If one of the above circumstances applies, you do not automatically have visitation or custody of your grandchild. You must first attend a hearing to determine whether the child’s parent or parents are unfit. If this is determined, a second hearing is scheduled to determine whether visitation is in the child’s best interest. Numerous factors are considered when making this determination, including whether visitation between the child and his or her grandparent would harm the child’s relationship with his or her parents.

 

Advocating for yourself and your Rights

 

Your lawyer can help you initially determine if you have grounds to petition for visitation rights with your grandchild and if you do choose to file one, he or she can help you demonstrate to the court why such an arrangement is in your grandchild’s best interest. Your strategy may involve showing the court how a disruption to your current relationship with your grandchild would cause him or her to suffer emotional or physical harm, that you are in good health and that you are physically capable of caring for a child, the relationship you currently have with your grandchild and its support by your grandchild’s parent, and/or whether you had an established relationship with your grandchild prior to filing a petition for visitation rights to him or her.

 

Work with an Experienced Winter Park Grandparents’ Rights Lawyer

 

As a grandparent in Florida, you have certain rights to your grandchildren. If you feel you are being unfairly shut out of your grandchildren’s lives, consider taking legal action to assert your rights to visitation with them. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to set up your initial consultation with an experienced Florida grandparents’ rights lawyer. During your consultation, we will examine the unique circumstances you are facing and help you determine the right legal strategy for asserting your rights.

 

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0039/Sections/0039.509.html

 

 

 

Collaborative Law 2015

The Collaborative Family Law Conference is meeting at the Wyndham Grand Hotel at the Bonnet Creek Resort this weekend. BOY do I FEEL LUCKY!!!

Working with Collaborative leaders from all over the state to perfect our practice is a great way to finish out my 3 year term for Continuing Legal Education. Some people would say, wait, why didn't you already finish that? Well, I did, but this is a bonus!

When 400 professionals get together in a legal seminar, it can be a great experience, and it can be a bit of a tooth pulling session.
As the Keynote speaker noted, "How often do you get a chance to be in a group making changes in the world."
Every family needs to know what Collaborative Law can do for their relationships and getting past divorce to a new life.
In Florida there are 10 different Practice Groups. All are part of the Collaborative Law Council of Florida.

I am member of Collaborative Family Law of Central Florida. www.cfl-cfl.com
Being "intentional" in the way a family goes about breaking apart can save children from the dramatic impact of divorce. Most parents say they just want to take care of the kids, but how they do that is a litigated case is beyond me. Most parents think fighting for the most time possible or the most child support possible is what they see as "taking care of the children."

In a Collaborative Divorce, we seek to assist the parents in communicating effectively so they can AGREE on various Goals and then agree to processes to achieve those shared goals.
Shared goals may be for the children to be able to attend college without racking up significant student loan debt.

Awareness of Collaborative Practice
Awareness of the Collaborative Attorney
Relationship Respect - how your name comes up
Reputation - not just what you do, but how you do it.
Visibility - You must be able to BE Found by clients.

Define your brand - Non Adversarial
Live your brand - Non Adversarial
Communicate your brand - Non Adversarial

What is my Brand? WT's Farm - The Ducker Brand

My Grandfather Ducker was well known on Signal Mountain as the most Honest man around. If you asked him a question, no matter how difficult the answer, he would answer honestly, sometimes to his own harm. He grew up in poverty and worked his entire life to give his children the best he could. He was a wonderful example of living up to your word in my life.

My other Grandfather, WT, was the hardest working man I know. He worked from absolute poverty to being one of the leading Polled Hereford farmers in Southeast Tennessee. At a time when artisan was not associated with food, he was a farmer who worked tirelessly for the very best beef, Polled Hereford, being fed the very best grain. All from WT's Farm. His Brand was recognizable on the Mountain and in the County and in the State and across the Southeast.

Who YOU SAY your are must align with who OTHERS SAY you are and most importantly for your own mental health, must be WHO YOU ARE. When I say, "I want to help you move from here to there with the least conflict possible to keep your children from being negatively impacted by your decisions." I am saying that after 15 years of experience watching families break apart and seeing them invest large sums of money to 'get what's right', there is a better way.

Collaborative Divorce is a better way.

I am a calming counsel seeking best outcomes for my clients and their families.

My Brand is a reason to choose. My Brand differentiates me from the other lawyers, attorneys, mediators, counselors, sharks and fish in the sea?

Not just a logo or a tagline.

If you truly want to protect your family from the necessary conflict of a separation, seek out a Collaborative Professional to assist you and your spouse in making the best decisions for the sake of your family.

A Divorce may involve Alimony, Child Support, Timesharing or Property Division. But those are merely the words that are used to describe the outcome. Some divorces involve significant assets, allegations of hiding assets, worries about disclosure of information or finding where all the money was hidden.

Some attorneys will do exactly what their clients want. I am not one of those attorneys. I will work hard to help your family get over this bump in the road and move on with your new life. Call me to find out how Collaborative Law can help your family.
Aubrey

Ask Your Attorney to Attend!

Modification Workshop – Orlando, FL August 26, 2013

 

 

Event Details

Track I: 8 Hour Course (Includes 1 hour ethics) for Mediators: Residential Mortgage Modification Course pursuant to Administrative Order 2013-3 for inclusion on the Bankruptcy Court panel of mediators for the United States Bankruptcy Court, Middle District of Florida
Track II: 8 Hour Course (Includes 1 hour ethics) for Attorneys, Staff and Law Students: Successful Mortgage Mediation through Bankruptcy

Time

8:30 a.m. – 4:35 p.m.

Cost

Early Registration through August 18, 2013
Attorney / Mediator: $349.00
Staff: $249.00
Law Students: $150.00
Late Registration begins August 19, 2013
Attorney / Mediator: $399.00
Staff: $299.00
Law Students: $199.00
Flash drive of materials and resource tools are provided. Binder cost is $75.00

Location

UCF Executive Development Center at Ying Academic Center
University of Central Florida
36 West Pine Street
Orlando, Florida 32801

View Larger Map
For parking details, click here: Directions and Parking to EDC 2011
Hotel Information: Crown Plaza Hotel Orlando

• Workshops

Legal Realities of Complex Litigated Divorce Proceedings

When people want a divorce there are several questions they must consider, the How's, When's Where's, Who's, Why's and What's.

How to tell the spouse? How to tell the children? How to tell the rest of the family? How to go about filing a divorce?

When should I tell my Spouse, children, family, and friends? When should I move out or insist my spouse move out? When should I find a job? When should I consult an attorney?

Where should I live? Where should my children live? Where should we file the divorce?

Who should get an attorney? Who should represent me? Who should know what?

Why do I want a divorce? Why should I stay? Why should I care about all these questions??????

Finally, the What's!
What is the law applied to my case? What do I do if . . .? What will my spouse do? What will everyone think? What will happen to all our savings? What will happen to the china cabinet mom gave me and all its contents we have accumulated? What do I do with my wedding ring?
 
You want Answers? The Court wants answers. The Courts want answers to Alimony and Child Support. Who will pay and How Much? The Courts want to know who is going to pay attorney's fees. Courts will decide who gets the High Assets or valuable Personal Property. The Court can decide what to do with the Marital Home. There is an easier way!

That is a long list of questions with very few easy answers! Some of the questions I would ask are:
How much time do you want to devote to court proceedings?
When do you want all this to be completed?
Where do you want to end up after all is finalized by the court?
Who will win/lose or decide?
Why does anyone have to let the Judge Decide?
What do you want to happen with your children? Of course my questions are directly related to a Collaborative Divorce, in which the Husband and Wife make all the decisions about the Property, Assets, Timing, and living situations, and the Mother and Father make all the decisions about the children. Some people think this is a Radical idea. Others believe that two people who could not get along well enough to remain married Cannot Possibly Get Along well enough to decide what is best for their family. I Disagree. From years of practice, we in the Collaborative Practice community have witnessed the most intractable situations turn out with everyone in agreement to a reasonable outcome.

Attorneys who are not committed to the collaborative practice and merely offer it alongside their mainly Litigation Practice, do no favors to their clients. Litigated cases are almost always significantly more expensive than Collaborative Cases. Further, Collaborative cases allow you to decide the timeframes for completion. You are not forced to work at the court's convenience, rather, your time schedule is of paramount importance.

Finally, you get to make the decisions affecting your family. By negotiated agreement you and your spouse will decide all issues. That is a radical idea. Call me at 407-645-3297 or visit my website at www.aubreylaw.com or visit the Collaborative Family Law of Central Florida website at www.cfl-cfl..org

Investigate the questions. Get answers to your questions. You have the Power! 

How to Contact an Attorney

Today I received an Email:
How would you like to be contacted?
Email

Brief description of your legal issue:
Price range for divorce. Older couple, married 9 years, No children, Income husb works in construction wife receiving SS only. Homeowner, property value is upside down. owe more that is worth. No 401K or savings, living pay check to paycheck. How much will it cost to get a divorce and how long will it take for the divorce to become final. Thanks,

This email was initiated at the Findlaw FirmSite http://www.aubreylaw.com/Contact.shtml.

This is the letter I sent in response:

Dear Ms. _____________,

If you and your husband agree to divorce, and agree to divide all assets, your divorce could be very inexpensive. With agreements, you could be divorce in as little as 21 days. On the other hand, if you cannot agree, and the two of you fight it out in court, your divorce could take a very long time and take significantly more of your resources to complete.

I charge $1,500 for an Uncontested Divorce. A Contested matter begins at $3,000. Fees for filing are also required, $408 filing fee and approximately $42 in service of process charges.

Your divorce sounds as if it should be uncontested; it could also be completed in a Collaborative PRocess, where the two of you meet with advisers and work out the details, then file as "Uncontested."  If you choose a collaborative process, I would represent you for $1,500, but there may be some additional charges for excess time spent in meetings.

Please call my office to schedule an appointment.

If you have questions, call me at 407-645-3297, or send an email to: aubrey@aubreylaw.com

 

Aubrey Ducker

 

The Law Offices of

Aubrey Harry Ducker, Jr. PLC

2020 Mizell Avenue

Winter Park, FL  32792

www.aubreylaw.com

Fla. Bar No.: 173680

Phone: 407-645-3297

Fax: 407-645-3298

I look forward to hearing from you.

 

Case Law Update 2012

Learning goes on and on and on . . .
Today, I attended the Webinar provided by the Florida Bar on Family Law Issues from cases this year.
Always good to update your knowledge regarding what the courts are doing, and what the appellate courts are saying about what the courts are doing.
In the past year, Grandparents' Rights, Alimony, adultery, Parenting Plans, Timesharing, paternity, domestic violence, Enforcement and Fees were only a few of the issues considered for the courts' action this year.
When you are selecting an attorney to represent your family in court, ask what courses of study have been completed to remain up to date on the law of the state. 
The 5th DCA clarified the Relocation statute as to the 50-mile rule.
The 2nd DCA clarifited allocation of outstanding expenses for child support to the proportion of income of the parties rather than 50/50 as many agree.
The First DCA clarified a "supportive relationship" and whether it would end alimony.
These are but a very few of the 20 pages of cases reviewed. If you have questions of a legal nature call an attorney.
If you have questions regarding Collaborative Divorce, Elder Law, Family Law or Guardianships, Call me! 407-645-3297 or visit my website at www.aubreylaw.com

Someone Owes you MONEY!

Did you bury a computer screen or television between 1999 and 2007?

If you did, you may be eligible for MONEY from a settlement involving some of the major manufacturers and PRICE FIXING!

Consumers of LCD Flat Screen TVs, Monitors and Laptops Can Share in $1.1 Billion Settlement Fund Eligible consumers and businesses in 24 states and the District of Columbia may be able to collect $25, $100, $200 or more by answering a few simple questions about the LCD flat screen TVs, monitors, and laptops they bought from 1999 to 2006. No receipts or other documents are required for small claims. The deadline to file a claim is December 6, 2012. The 24 states are: Arizona, Arkansas, California, Florida, Hawaii, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Mexico, New York, North Carolina, North Dakota, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia and Wisconsin. Click here for an overview of the Settlements. If you would like to print a Claim Form and mail it in, please click here.

I didn't mean to Scare you!

"Congratulations, you are officially Divorced!" I said to my client.

"Thank you, you are Awesome," she said. (Really, that is what she said!)

"I am so glad we were able to get this done so quickly," I replied.

"Well after you scared me that first day, I did not have any unrealistic expectations and we could just get it done."

I really did not mean to Scare my client. I have always prided myself on being direct and honest with clients so they know what to expect from the Divorce Process and from the court system. I really don't want to scare anyone. Sometimes, clients come in my door having talked to not only other lawyers, but to friends and family who "know what to expect" and know "all the tricks in the book." Unfortunately, what is heard from your friend about their divorce may be colored and biased by their experience. They may feel the need to project unusual success or even put upon martyrdom. All the stories may in fact NOT be completely true.

Common myths include:

"My divorce only cost $250."

"I didn't have to pay a penny in alimony/child support."

"My wife/husband got the kids, the house, and all my money."

"My husband/wife tried to get the kids just to force me to settle for less."

"I never get to see my kid's, their father/mother keeps them from me."

"My divorce cost us more than $100,000."

"Our attorneys were the only ones happy after our Final Judgment."

When your friends tell you these things, you really have to ask more questions and compare their life experience and marriage to your own before setting up your expectations.

Divorce filings cost $408.00 in all Florida courts. What your attorney charges is determined by many factors including time, experience, complexity, and most importantly, who is on the other side of the litigation.

Whether you have to pay Alimony or Child Support is entirely driven by the family situation inlcuding many different factors: length of marriage; number of children; earning ability of each party; lifestyle, and most importantly, what you are willing to accept or pay, just to name a few.

Negotiation over child custody, what we now refer to as "Timesharing," is remarkably direct. Who is best able to care for and keep the children? Who has done so consistently in the past? When one parent wants to "claim the children" as a negotiation ploy, it is imperative that the court be fully informed. A Guardian Ad Litem or GAL is essential to fully inform the court and make sure the children are represented both at the bargaining table of Mediation or in court. Parents who would use the children as pawns in a game, are not good parents, and GAL's are adept as seeing through people's behaviors to their motivations and goals.

If your divorce costs too much money, ask yourself who is causing the excess expenses? Even the most complex divorce can be handled in a reasonable amount of time and for a reasonable fee by seeking out attorneys who do not set up unreasonable expectations which must then be met or attempted. Collaborative Divorce is a great idea for those with very complex situations as it brings all decision makers to the table routinely, rather than filing, and waiting, and responding and waiting, and hearing, and waiting, etc.

If you have questions regarding Divorce, Child Support, Collaborative Divorce, Alimony, Spousal Support, Custody, Timesharing or any other Family Law matter, please visit my website at www.aubreylaw.com or call me at 407-645-5264. I will be happy to review your situation with you and most of all, I will try not to "scare" you! Aubrey

Football Season Starts Tonight

The Winter Park Wildcats take on East Ridge at Showalter Field at 7 p.m. The game was moved up due to Hurricane Irene. Families working together for years get to see the first efforts of their children on the field as they Cheer for the Team or Play on the Field.

Unfortunately, there will be some children whose parents cannot put aside their differences and attend the event without causing great stress to everyone else involved. You know the type, all they do is talk about how bad the other parent is. Why do people think that the world wants to know the "hell" they endured being married? Please do your child a favor. Do not disparage your former spouse in any way that the child can know. If you take the high road, perhaps the other party will abandon the low road as well.

I personally know parents who will attend tonight's game and sit in the stands very close to their former spouse without any hint of conflict. I know parents who will work together in the concession stand or on the field to support the team even though they could not stay together in their marriage. I applaud these efforts.

Many other people will be watching the game while thinking of their own parents, relatives or friends who are diabled by age, dementia, alzheimers, or other problems. These parents may not know there is help available. Please reach out and ask questions. There are resources available and people who know how to access those resources for your benefit.

If I can help, please call me at 407-645-3297 or visit my website at www.aubreylaw.com

I look forward to hearing from you.

The Church of Facebook - Review

Look for my review of The Church of Facebook in the Spring 2011 issue of Christian Ethics Today. You can also subscribe to Christian Ethics Today by going to this website: http://www.christianethicstoday.com/

Recently a client came to my office after having litigated for more than a year trying to secure custody of his children. While he was represented by a well-known attorney in the Orlando area, he was disappointed that his case had not been resolved in such a long time. I had to tell him two things:
1. Selection of an attorney is the most important part of any family law case. There are many attorneys with various personalities and work ethics. Certainly price is one consideration, but it should not be the only consideration.
2. Sometimes status quo is the best you can do; pushing for a final resolution may be detrimental to your case. Unfortunately, giving the other side time to screw up may be the best you can do.

When you go to select an attorney, interview several. If necessary, pay a consultation fee so that you get a clear picture of the attorney's philosophy of practice. Then you can know you are hiring an attorney who will look out for your best interests and take on your priorities.

Welcome Back

Recently someone said, "Aubrey Ducker, why haven't you updated your blog in a while?"

She continued, "I was looking forward to your answer to a Family Law Question! What happens when a child decides she wants to go live with her father? I have been taking care of her for the past 8 years, without any help! Now that she is 12, her father is encouraging her to stay at his house more and more. He gives her everything she wants and I'm the one who has to make her do homework, study for tests, clean her room, etc. . . "

You can see where that is going! If only children would remain under our control and direction! Unfortunately, they decide right or wrong that they want to decide what is "best for them" rather than listening to some old people who didn't even have facebook when they were young. Have you been through this? I have! With my own children and with many, many clients!

It is never fun to lose control!

Then there are the Elder Law questions: How can I make sure my children don't argue about who gets what? That question is so much better than the corallary promise, "My children won't argue about it. They would never go to court to challenge ___________________as the Personal Representative."

Funny how many times I hear that and how many times I see adult children wanting nothing more than to "tell it to the Judge" regarding the actions of their sibling as Power of Attorney or Personal Representative.

Talk about losing control.

You may have read in the papers, (do you actually read the Newspaper anymore?) the Florida Legislature is trying to balance the budget by cutting into court funding. Removing funding for the Guardian Ad Litem program and other "services" that to legislators seem "unnecessary" is no way to protect the bottom line in Florida. The services being cut may save a few dollars this year, but in the years to come, those savings will be offset by enormous costs associated with unmet needs in disfunctional families. The results may be increased incidence of domestic violence, child abuse, neglect or more violent crimes.

Please encourage your representatives to look to fair funding principles. When corporations like GE have NET profits in the range of $14.7 Billion, and pay less than 1 million in taxes, something in the tax structure is way out of whack. Cutting spending to make the budget work, while corporations pay next to nothing in taxes harms all citizens, especially the most vulnerable. Maybe I should write more often so I could break this up into several Blog posts. I'll try that next time.

Peace.

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!