Thanksgiving is my favorite time of year.
During this holiday, I get to remember everything for which I am thankful and find a few moments with family.
On facebook, I have posted daily regarding those things making me thankful not only this month, but throughout the year. My list includes: A roof over my head, my children, my loving wife, my family and of course my church and friends. Beyond these easy items are: Courts that administer Justice in an impartial manner; elections that allow our voice to determine the direction of our country; the Florida Gators, for all the wonderful things done on the field and off; Free Public Education; Collaborative Attorneys, who make the practice of Law meaningful and fulfilling; Roads; cars; particular friends who invest their time in my life daily; those friends and family that keep in touch even though we haven't seen each other in literally years, and of course, all the soldiers, sailors and airmen who defend our lifestyle daily.
At this time of year, I am especially thankful for clients who allow me to assist them at some of the most difficult times in their lives. Without their faith in my abilities as an attorney, without their trust in my counsel, I would be exhausted trying to survive.
Thanks be to God for all the blessings in my life, now and throughout the year.
Showing posts with label parents rights. Show all posts
Showing posts with label parents rights. Show all posts
Tuesday, November 20, 2012
Friday, August 13, 2010
Why Attorney's Try
I had a call today from a man who wants to see his child. Unfortunately, the last time the man saw his child, Police were taking him away to jail on charges of domestic violence. Three weeks later, should all be forgotten?
Sometimes it is better to take a little time to make sure a situation will not recur. Courts can and will use a Timesharing Parenting Plan to establish a routine for the child to ensure the parents have little opportunity to fight or argue.
Now why would an attorney say, "Wait one more week to see your child?"
Because, despite years of jokes and news items almost daily of attorneys acting in their own interests, many of us want to see children raised in the safest possible environment.
When domestic violence is present in the home, DCF, the Department of Children and Families can move in to take the children from the home and place them in foster care. I do not want any children taken by the state and placed in foster care. There are far too many for which this reality is unavoidable.
In cases where attorneys are involved from the start, many times unpleasantness can be avoided or minimized to prevent things escalating to a point where the State has an Obligation to Protect the children by removing them from the home.
If you find yourself in a violent home, call me at 407-645-3297, I will make every effort to assist you.
Visit my website at http://www.aubreylaw.com/ and learn more about me and the services provided by my firm.
WE PROTECT CHILDREN.
No child should have to see his or her parent harmed, especially by the other parent.
Sometimes it is better to take a little time to make sure a situation will not recur. Courts can and will use a Timesharing Parenting Plan to establish a routine for the child to ensure the parents have little opportunity to fight or argue.
Now why would an attorney say, "Wait one more week to see your child?"
Because, despite years of jokes and news items almost daily of attorneys acting in their own interests, many of us want to see children raised in the safest possible environment.
When domestic violence is present in the home, DCF, the Department of Children and Families can move in to take the children from the home and place them in foster care. I do not want any children taken by the state and placed in foster care. There are far too many for which this reality is unavoidable.
In cases where attorneys are involved from the start, many times unpleasantness can be avoided or minimized to prevent things escalating to a point where the State has an Obligation to Protect the children by removing them from the home.
If you find yourself in a violent home, call me at 407-645-3297, I will make every effort to assist you.
Visit my website at http://www.aubreylaw.com/ and learn more about me and the services provided by my firm.
WE PROTECT CHILDREN.
No child should have to see his or her parent harmed, especially by the other parent.
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!
Tuesday, August 18, 2009
How to Be a Good Parent
In court today, Judge Munyon ( Ninth Circuit, Orange County, Domestic) noted that Good Parents are on time to pick up their children. This got me thinking, what other qualities do Good Parents Share?
1. GP's Cooperate for their children. They work together, recognizing that Children need Stability.
2. GP's NEVER Disparage the other Parent. Parents should Never disparage, or allow to be disparaged, the other parent, in the child's presence. Not speaking ill of the other parent is a good idea for avoiding divorce, as well as dealing in and after divorce. Speaking ill of another says more about the speaker than the target.
3. GP's Cooperate With Their Children. Work with your children to show them Why. Why do I have to clean my room? Because I want it clean. Because I said so. Because . . . how about because a clean room helps you get ready in the morning, helps you find your toys when you want to play, helps you be healthier (use a vacuum to show all the dirt and grime that stays on the floor of even a clean room - how much more filth in a messy room). Answering the Why's in life helps children understand the world around them much more than "Just do as you're told" ever helps them get along in life.
4. GP's give their children time, in quality. I hear people say, "its quality not quantity that counts" but I disagree. A Quantity of Quality time makes good parents out of children.
5. GP's provide for their children. Not because a court order says to provide child support, but because good parents provide for their children. So many college graduates tell of parents working two jobs to send them to school. That Schooling and example lead to a life of Working to better deserve the Good Parents.
6. GP's Always let their children know they are Wanted and Loved. Even when the children are bad, don't eat their veggies, don't share their toys, etc. Good Parents know the difference between Loving Children and approving actions. GP's do this by example. GP's treat others the same way they teach their children to treat others. Teaching by Example that Lying is bad, Sharing is Good, Work is Good, Language is important, Doing what you say is more important that saying too much.
1. GP's Cooperate for their children. They work together, recognizing that Children need Stability.
2. GP's NEVER Disparage the other Parent. Parents should Never disparage, or allow to be disparaged, the other parent, in the child's presence. Not speaking ill of the other parent is a good idea for avoiding divorce, as well as dealing in and after divorce. Speaking ill of another says more about the speaker than the target.
3. GP's Cooperate With Their Children. Work with your children to show them Why. Why do I have to clean my room? Because I want it clean. Because I said so. Because . . . how about because a clean room helps you get ready in the morning, helps you find your toys when you want to play, helps you be healthier (use a vacuum to show all the dirt and grime that stays on the floor of even a clean room - how much more filth in a messy room). Answering the Why's in life helps children understand the world around them much more than "Just do as you're told" ever helps them get along in life.
4. GP's give their children time, in quality. I hear people say, "its quality not quantity that counts" but I disagree. A Quantity of Quality time makes good parents out of children.
5. GP's provide for their children. Not because a court order says to provide child support, but because good parents provide for their children. So many college graduates tell of parents working two jobs to send them to school. That Schooling and example lead to a life of Working to better deserve the Good Parents.
6. GP's Always let their children know they are Wanted and Loved. Even when the children are bad, don't eat their veggies, don't share their toys, etc. Good Parents know the difference between Loving Children and approving actions. GP's do this by example. GP's treat others the same way they teach their children to treat others. Teaching by Example that Lying is bad, Sharing is Good, Work is Good, Language is important, Doing what you say is more important that saying too much.
Wednesday, August 12, 2009
More on Support - this time for the ladies
Here are 7 things every girl should know before having sex, or the resulting kids.
1. Your First Responsibility is to Your Child. No matter how sweet, supportive, loving, cute, etc. the boy is, he will NEVER carry the child 9 months awaiting its arrival.
2. NO form of birth control is 100% effective. The "Virgin Mary" practiced Abstinance and we see how that turned out. (insert laughter here)
3. You are legally responsible for the child, even if you didn't want to have a baby. It doesn't matter that you used birth control, or that you wanted to give the child up for adoption.
4. Child Support includes more than money. It includes emotional support, love, food, shelter, clothing, education, TIME, attention . . . even when you don't feel like it. Even when you are tired, sick, busy . . .
5. A child ties you to the father for life. Not only the 18 years to raise the child, but weddings, funerals, etc. for life.
6. The Father is responsible for child support once the child is born, not matter what your agreements. He is responsible to assist you with medical care before the child is born as well.
7. The Florida Department of Revenue's Child Support Enforcement Program can help. They can: locate noncustodial parents; determine paternity; obtain orders for support through the court system; enforce, collect and distribute support payments to the custodial parent.
An attorney may also assist in these areas. Call me or visit my website at http://www.aubreylaw.com/ if you have any questions.
Raising a child is difficult under the best circumstances. Do not make it even harder by ignoring real issues or avoiding conflict in an attempt to make someone else happy. Your First Responsibility is to your Child.
1. Your First Responsibility is to Your Child. No matter how sweet, supportive, loving, cute, etc. the boy is, he will NEVER carry the child 9 months awaiting its arrival.
2. NO form of birth control is 100% effective. The "Virgin Mary" practiced Abstinance and we see how that turned out. (insert laughter here)
3. You are legally responsible for the child, even if you didn't want to have a baby. It doesn't matter that you used birth control, or that you wanted to give the child up for adoption.
4. Child Support includes more than money. It includes emotional support, love, food, shelter, clothing, education, TIME, attention . . . even when you don't feel like it. Even when you are tired, sick, busy . . .
5. A child ties you to the father for life. Not only the 18 years to raise the child, but weddings, funerals, etc. for life.
6. The Father is responsible for child support once the child is born, not matter what your agreements. He is responsible to assist you with medical care before the child is born as well.
7. The Florida Department of Revenue's Child Support Enforcement Program can help. They can: locate noncustodial parents; determine paternity; obtain orders for support through the court system; enforce, collect and distribute support payments to the custodial parent.
An attorney may also assist in these areas. Call me or visit my website at http://www.aubreylaw.com/ if you have any questions.
Raising a child is difficult under the best circumstances. Do not make it even harder by ignoring real issues or avoiding conflict in an attempt to make someone else happy. Your First Responsibility is to your Child.
Tuesday, March 3, 2009
Best Paternity Joke
Who Should Get Custody?
A man and his wife were in divorce court, but the custody of their children posed a problem.
The mother's attorney leaped to his feet and protested to the judge that since she had carried them for 9 months, diapered their bottoms, taken care of them and generally "brought the children into this world," she should retain custody of them.
The man also wanted custody of his children, so the judge asked the man for his justification.
After a long silence, the man's attorney slowly rose from his chair and replied...
"Your Honor, when I put a dollar in a vending machine and a Coke comes out, does the Coke belong to me or the machine?"
Ba da bing . . .
Of course children do not "belong" to either parent. Children are referred to in courts as "Our Children" because to call them "My son/daughter/child" implies an exclusivity of parentage. As everybody knows, it takes two to tango, and if the "tango" results in a child, both parents have responsibilities to care and provide for the child. For help with child support, custody, visitation, alimony, divorce and other family law issues, call an attorney. Or, go to www.aubreylaw.com
A man and his wife were in divorce court, but the custody of their children posed a problem.
The mother's attorney leaped to his feet and protested to the judge that since she had carried them for 9 months, diapered their bottoms, taken care of them and generally "brought the children into this world," she should retain custody of them.
The man also wanted custody of his children, so the judge asked the man for his justification.
After a long silence, the man's attorney slowly rose from his chair and replied...
"Your Honor, when I put a dollar in a vending machine and a Coke comes out, does the Coke belong to me or the machine?"
Ba da bing . . .
Of course children do not "belong" to either parent. Children are referred to in courts as "Our Children" because to call them "My son/daughter/child" implies an exclusivity of parentage. As everybody knows, it takes two to tango, and if the "tango" results in a child, both parents have responsibilities to care and provide for the child. For help with child support, custody, visitation, alimony, divorce and other family law issues, call an attorney. Or, go to www.aubreylaw.com
Friday, February 6, 2009
Who are you
I am a divorce lawyer in Winter Park, Florida. This is my first blog, but don't let that fool you. I am routinely published in Christian Ethics Today reviewing books related to the topic. My website is www.aubreylaw.com
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No matter how dark the night!