How Many Attorneys Does it Take?

I know this sounds like a joke, but I was actually serious. How many attorneys you consult about a problem gives an indication of your interest and trust. How many should you consult? If you receive a recommendation from a trusted friend, and the attorney is competent to handle your case, you may not want to waste time getting second opinions.

Most good attorneys, like any good doctor, will be happy for you to seek out a second opinion. Once you have consulted and aquired a number of opinions, in choosing an attorney you should consider a several questions:
Who do you trust more?
Who makes you feel most comfortable?
Whose advice will you most easily accept?
Who has the simplest fee structure?
Who expects the most up front money, or Retainer?
Who has the expertise in your area of law?
Who has been in practice longer?
Who is most up to date on the Law?

In answering these questions, you will be able to select the attorney most competent to handle your case.

Do not be afraid to ask hard questions, such as:
How much will this cost?
What are the negative possibilities?
Am I liable for any other costs or fees?
Will the court order the other side to pay your fees?
Most important when suing for money damages, child support, alimony, or equitable distribution, what are my chances of actually collecting from the defendant?

In the end, the more answers you have at the beginning, the more likely you are to understand the process and potential outcomes.

So, how many attorneys does it take to change a lightbulb? Just One, but it has to be a good Case.

OK, here is the joke: How many attorneys does it take to change a lightbulb? Four. One to change the lightbulb. One to climb the ladder, one to shake the ladder, one to sue the ladder company.

Divroce and Child Custody (Timesharing in the 2010 era)

When a couple divorces, their children often feel the pain.

Parents may be relieved, but the children can experience greater loss than the parent may appreciate. Justifications, such as, "they will be better off not having all the fighting in the house" seldom compensate for the loss of the other parent in the home.

For Teens, the loss includes supervision and observation, for younger children, feelings of security and comfort.

Of course there are exceptions. When the marriage and home life has been marked by domestic violence, fighting, inconsistencies, disparate treatments, etc. the children may be as relieved as the parents that the decision to separate has Finally been made.

In Florida we no longer discuss "Custody" or "Primary Residential Responsiblity" with regard to who will most parent the children. Now we use the term Timesharing. The parent with the Majority of the timesharing is not the Custodial Parent. That is the person with the child physically at any given time. What a confusing world.

Lets make it as easy as possible: Both parents Share Parental Responsibility. When the child is with dad, dad is the custodian. When the child is with mom, she is the custodian. The Timeshare each parent has is related to what portion of each week the child spends with that parent. Alternating Weekends is still the "fallback" minimum visitation Timeshare used most often by the courts.

When you have questions, call an attorney who understands these concepts. Selecting an attorney who is familiar with the recent changes to the Florida Statutes will help you ensure your rights are honored and decisions respected. Call me at 407-645-3297 or visit my website at www.aubreylaw.com

I am ready to assist you.

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.

Family Reunion in Tennessee

This past weekend, I drove 24 hours round trip to Tennessee to see my family. The family, distant relations, cousins and friends most of whom I had not seen since I last attended this reunion 25 years ago, was described by one of the 55 year 'friends' as the Nicest family she has ever known. What a Joy. Sharing stories of long ago loves, courtships, children, pranks, jokes, dances, murders, drunkeness, abandonment, the list grows longer, but the stories are told again. The family is described in two different books and its is likely that every person who traveled the Cumberland Gap road between 1796 and today has been impacted by the Snoderlies, Cranks, Bollingers, Onks, Eubanks and others who make up this delightful bunch.

This family has its share of unpleasant issues and complications. One Great-grandmother is cared for by a grandson, though her son or daughter could also provide the care. The family as a whole abhors nursing homes due to an incident of elder abuse in the 70's that proved no care is like family care.

Divorces are evident with second spouses and questions of first wives, children with differing last names, even one divorced couple that still attend because they both love all these people so much.

The Chidren were incredible. No fighting, just playful banter between long lost friends who have never met, but because their parents said they are cousins must be glad to see each other.

One family was restored many years ago after a newborn boy was given up for adoption. An ad in a geneological magazine led the family to find him and learn they had lived within 20 miles of each other for the past 40 years.

Pickin guitars, and singing songs late into the night while negotiating for just a taste of homemade peach wine, kept us up til all hours, but noone was too tired to be pleasant.

On the whole, and by all individual parts, I would not trade this weekend for anything.

Busy Weeks! And this is Summer!

Wow, I have been very busy lately: All day trial as a Guardian Ad Litem; half day trial to a magistrate on Child Support Enforcement; half day trial on Domestic Violence to have an injunction disolved; meetings to establish guardianships for adults, children with developmental disablilities soon to be adults; meetings with clients arrested and charged under Arizona-law like immigration issues, and many meetings to figure out how to stop a Mortgage Foreclosure case where the Bank acted improperly.

As to Domestic Violence: Do Not Touch. If you find yourself in a situation where the other party refuses to listen, touching them will not help their ears to work! Sounds kind of funny, but is deadly serious. If you are touched without your consent, call the police, File a report, seek an injunction, tell the truth. When in court the judge asks if you ever argue with your spouse, remember, it takes two to tango, and argue. Its OK to disagree. Its not OK to force your partner to agree, listen, share, play, etc.

If you are owed child support, the Florida Department of Revenue will enforce your child support order. Inquire at the courthouse. Take your final judgment and child support order and Anna Tangel-Rodriguez will help you (in Orange County, Florida). If someone owes child support you are doing no favors by ignoring it. Driver's Licenses can be revoked, their right to work can be impacted, Tax Refunds can be seized, they can be sent to jail, but only if you let the court know of the missing child support. I meet people every week who are living hand to mouth because they don't want to be the bad guy enforcing child support. Your Children Deserve Better!

Guardianships can be very tricky, very costly, and very necessary. In fact, when guardianships are most needed they are usually most expensive. Acting early to intervene in your elder family member's life may save much heartache down the road. Taking action today can save many problems tomorrow. A Durable General Power of Attorney may obviate the need for a guardianship, saving substantial funds in the process.

Probate avoidance is not difficult with proper advice and representation. Updating beneficiary statements with the bank or insurance company can avoid probate saving thousands of dollars in fees. Transferring title to real estate while retaining a Life Estate or through the use of a "Lady Bird Deed" can help avoid probate as well. Call an attorney if you have questions.

I am available at 407-645-3297, or visit my website at www.aubreylaw.com

Andy's New Bike

Many months ago I wrote about Andy. He is a child in a man's body. Born 40 years ago with Fetal Alcohol Syndrome, his adoptive parents did not hesitate to provide him with a loving home and everything he needs to be as independent as possible. Last week, his bike was stolen. This week he has a new one. http://growingbolder.com/644948.html Thanks to all the bikers of the world, and Tijuana Flats, and everyone with an open hearts to care.

Life is full of opportunities to be nice. Doing something for someone else is worth the effort. Andy knows there are bad people in the world, but they are far outnumbered by the good people.

Live, Laugh, Love.

Rest and Relaxation - Vacation or Respite Care

Everybody needs a break. I just returned from a very busy vacation. Although it included a couple of telephonic hearings and several face to face meetings with attorneys in Tennessee, as well as a three day convention in Charlotte, NC, I returned refreshed!

In only 7 working days out of the office, I returned with new energy. Sometimes work is so overwhelming, we need to step back and let others take the reins while we ride along enjoying the view. My very capable staff managed to address all the client issues that arose in my absence without having to trouble me with calls and emails of any urgent nature.

For many of my clients caring for their aging parents or disabled children, vacations and time away are almost impossible. Although caring for aging parents can tax a person beyond their comprehension, sometimes the caregivers may not even recognize how truly exhausting their job can be. Many do not think others are willing or capable to provide the care; some may simply feel no one else will do the job, or do the job correctly.

Respite care is used to provide care for the caregiver. Most Assisted Living Facilities have programs to allow seniors in need of care to stay for a few days or even weeks to allow the caregivers the time to unwind and relax on vacation. In home healthcare providers also can provide the necessary down time to caregivers when the invalid is unable to leave the home for any reason.

In my own life, my mother took care of my paternal grandmother for 8 years until just before her death in 1987. During that time, I only remember one time she was away from home for more than 24 hours. Although my father had 8 siblings, no one offered a break.

My mother again was the caregiver and took care of her own father for more than 5 years until his death in 2008. In that time, her sister provided two separate vacations of 1 week each when she provided care for her father. Again, siblings seldom see the needs or offer the support so necessary to provide care to disabled parents. More often than not, the love and affection that spurs such care is ignored in the Will or asset allocations of statutes.

If you are in need of assistance, call me. My number is 407-645-3297 and I will be happy to help you. Either by pointing you to resources in your area, or by assisting in setting up your own will so the people providing the care needed are not trampled in the rush to divide the assets after your death, I help people every day to solve some of life's most pressing issues.

www.aubreylaw.com has many Frequently Asked Questions and other resources to provide you needed information.

Grandparents Really Do Have Rights - Visitation

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!

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!

Fraud and Elder Abuse

What happens when you receive a letter from an attorney promising you a settlement of $130,000 but failing to disclose any information as to the case, the parties or how you came to be contacted?

Does your answer change if they include an "Official Bank Check" to cover the court costs as an "advance against "bailiff costs and court fees"?

Unfortunately, many people will fall for this scam and deposit the check into their account, giving vital information to the theives working to steal their money. Others will talk to the scammer on the phone and give all the information needed to have their accounts drained.

Elders are at risk for these scams. The FBI, AARP, and the Florida Department of Elder Affairs all warn of the risks of giving personal information over the phone to someone you don't know, but seniors continue to be duped by official looking correspondence simply because they cannot believe this would be a scam. It all looks so official.

Anyone can go online to verify the identity of an attorney, even those out of state. Go to Martindale.com to find a list of attorneys worldwide who are of good reputation. Lawyers.com and Findlaw.com also lists attorneys. Yes these sites require the attorney to pay a fee for advertising to be listed; however, if attorneys are dealing with you from out of state, shouldn't they be listed somewhere?

Finding an attorney is not hard; verifying the "attorney" who found you is truly serving your interests, may be. Beating fraud is worth the effort.