Should You Ask for a Paternity Test? Depends . . .

If you are not sure about your child’s parentage, yes. There are legal reasons why a parent would have his or her child’s paternity determined as well as personal and medical reasons. Even if you are not looking to establish parental rights to a child, having a paternity test performed can help you determine his or her genetic health risks and give you peace of mind.

 A Biological Father is Not Always a Legal Father

 When a child is born to a married woman, her husband is automatically the child’s legal father regardless of whether he is the child’s biological father. If the mother is not married, the child’s biological father is not automatically put on the child’s birth certificate and granted parental rights. In order to be the child’s legal father, he must sign a voluntary acknowledgment of paternity at the time of the child’s birth or later in the child’s life.

 If the child’s mother and the alleged father do not agree that the man in question is the child’s biological father, one can file a paternity action to have the child’s paternity established by the court or the Florida Department of Revenue Child Support Services. Genetic testing is used to determine the child’s parentage.

 Determining a Child’s Parentage can be Part of Establishing Parental Rights to Him or Her

 In family law, the most common reason why an individual would seek a paternity test is to establish parental rights to a child. Having parental rights grants an individual the following:

●       The right to seek custody or parenting time with the child;      

●       The right to seek child support for the child;   
●       The right to cover the child with your health insurance and other benefits, like veteran benefits and Social Security; and                    
●       The child’s right inherit to your assets following your death if you do not have a will. 

Filing a Paternity Action in Florida

 A child’s mother, the child’s alleged father, a legal representative of the child, or the Florida Department of Revenue can file a paternity action to have a child’s parentage established.

When a party seeks to establish paternity through a court order, the court may order a genetic paternity test and require one or both of the parents to pay for it. In contrast, a genetic test ordered as part of an Administrative Order of Paternity through the Department of Revenue is free. In both scenarios, the final judgment establishes whether the alleged father is the child’s legal father. This does not automatically grant him child support or time with the child, but it does grant him the right to seek these things.

 Work with an Experienced Winter Park Family Lawyer

 Navigating issues of paternity, parental rights, and child custody can be tricky. If you find yourself entangled in these issues, an experienced Winter Park family lawyer can guide you to a productive solution. To get started with our firm, contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to schedule your initial consultation in our office.

 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/Sections/0742.10.html

http://floridarevenue.com/childsupport/Pages/paternity.aspx#fifth

 

Collaborative Divorce for Unconventional Circumstances

Every marriage is unique. Logically, this means that every divorce is unique, even though they generally involve the same issues to settle, such as how the couple’s property is divided and how the couple with handle co-parenting after the divorce. There is no one-size-fits-all divorce method, and when couples try to force their divorces to fit specific molds, they often come away feeling frustrated and unsatisfied with their divorce settlement terms.

Collaborative divorce puts couples in the drivers’ seats of their divorces, rather than leaving the rulings that they will have to live with up to the court. Collaborative divorce is an especially attractive option for couples with unconventional circumstances and needs, such as business owners and those willing to try modern co-parenting arrangements like birdnesting.

You Know What is Best for your Children. Develop the Ideal Co-Parenting Plan for Them
There are many different ways to handle co-parenting after a divorce. When the court makes a co-parenting determination, it does so with the child’s best interest in mind. You might determine that your child’s best interests are served by a birdnesting agreement or another alternative timesharing arrangement. If you and your spouse agree to an unconventional parenting plan like incorporating boarding school or time with extended family, work together to include this in your collaborative divorce settlement.

Some Couples Live Together After their Divorces
For some couples, the idea of living with a former spouse is laughable. For others, it is necessary and even attractive. If you are considering remaining in the same household after your divorce, even if you are in different units of a multi-family property, it is important to take this into consideration when developing the terms of your divorce settlement. Remaining in close quarters after your divorce can make it easy to deviate from your property division settlement, so it is important that you are clear and in total agreement about this settlement before starting live as a cohabitating divorced couple.

Splitting Up or Reorganizing your Business is Easier when you are In Control
If you and your spouse owned a business together, valuing the business so it can be equitably divided between you is an important part of the divorce process. But what if you both want to continue operating the business? In a case like this, your interests will still have to be divided and you will continue the business operation as partners.
Even if you do not want to continue operating the business together, you will need to find a fair way to divide it. Whether one of you plans to continue operating it will determine how you divide it and its assets.

Work with an Experienced Winter Park Divorce Attorney
Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to set up your initial consultation with an experienced Winter Park divorce attorney. During your consultation, you can discuss your specific divorce goals and needs with Mr. Ducker to determine an appropriate plan for ending your marriage. Never assume that your ideal divorce is unattainable – it, or something close to it, could be very doable through collaborative divorce.
Resources:
nypost.com/2016/04/28/is-birdnesting-the-stupidest-or-smartest-divorce-trend-yet/
thebalance.com/business-valuation-methods-2948478

Working Out the Terms of your Spousal Support Agreement in a Collaborative Divorce

Spousal support, also known as alimony, is an issue that arises in many Florida divorces. It is the money one partner pays to the other after their divorce, generally for a fixed period of time but sometimes, until the receiving spouse remarries or either partner dies. This money is intended to help the spouse who opted out of the full-time workforce to care for the couple’s home and children during the marriage to avoid financial hardship.

 In a collaborative divorce, the divorcing couple works together to make their own determinations about their divorce settlement, rather than having the court make them. Alimony is often an issue discussed during collaborative divorces alongside parenting time and the division of the couple’s marital assets.

In Florida, you Can Waive your Right to Seek Spousal Support

Florida law permits individuals to waive their right to seek alimony in the event of their divorces in prenuptial agreements. This is not the case in all states.

 Just like a collaborative divorce, a prenuptial agreement requires a couple to be flexible and willing to work together to make determinations that benefit them both, even in unpleasant situations like divorce.

 Waiving Spousal Support in Exchange for a Larger Share of Marital Assets

 When you divorce through collaboration, rather than litigation, you and your spouse work together to reach a divorce agreement that best fits your needs. In any divorce, dividing your marital assets is a component of the final settlement and often, it is the largest component of the settlement. Talk about potentially opting out of alimony in exchange for a more favorable share of your marital assets with your spouse, but also with your lawyer privately – there could be issues you do not initially recognize, like large tax burdens associated with certain marital assets or the long-term impact of choosing not to create an alimony order.

Collaborative Divorce is All About Keeping Control of your Divorce

Couples who choose collaborative divorce are often more satisfied with the results of their divorces than couples who divorce through litigation.

If you took on lower-paying jobs or opted out of the workforce completely during your marriage, alimony is a way to protect your financial future. Do not confuse the need to be amicable in a collaborative divorce with a need to agree with everything your spouse suggests. If you feel alimony is in your best interest, explain this and support your position with relevant facts during your collaborative divorce meetings. Your lawyer is your advocate, but you also need to advocate for yourself.

Work with an Experienced Winter Park Divorce Lawyer

When you are considering divorce, you have a lot on your mind. Before you begin the collaborative divorce process, discuss these issues with your divorce lawyer so you begin the process educated about Florida’s divorce laws and what you can expect given your case’s unique circumstances. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to schedule your initial consultation with us.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html

 

Is Collaborative Divorce Better than Mediation?

Collaborative divorce and mediation are two forms of alternative dispute resolution (ADR) that divorcing couples can use to complete the divorce process. One is not inherently “better” than the other, but one can be a better fit for your divorce. Which type of ADR is better for your divorce depends on your relationship with your spouse and the unique details of your marriage.

 Go into the divorce process with an open mind and do your research about your options. Work with your spouse to determine which divorce method is best for you – if you choose collaborative divorce, you will need to work cooperatively with him or her. You can determine if this is possible by seeing how well you can work together to determine the right divorce method for yourselves.

 How Mediation and Collaborative Divorce are Different

 Mediation and collaborative divorce both take place outside the courtroom. With both types of ADR, the divorcing couple maintains a high amount of control over their divorce.

 There are differences between the two, though. The primary difference between collaborative divorce and mediation is the absence of a mediator in a collaborative divorce. A mediator is a neutral third party who guides the divorcing couple toward their settlement, whereas with a collaborative divorce, the couple handles this process with their lawyers.

It Could be Better for your Divorce

 Whether collaborative divorce is better for your divorce than mediation depends largely on your ability to work cooperatively with your spouse. Although both divorce methods are less adversarial than a courtroom divorce, having a mediator present can lessen any lingering tension between a couple whereas in a collaborative divorce session, tension can leak into the couple’s interactions.

Whether collaborative divorce or mediation is better does not just depend on your personalities. Your level of knowledge about the divorce process can also determine whether you are better suited for one or the other. A mediator can explain each part of your settlement and how agreements are reached. He or she is a guide to divorce, whereas with a collaborative divorce, you and your spouse guide yourselves. Of course, you have a divorce lawyer no matter which type of divorce you choose, and your lawyer can answer any questions you have and provide you with the advice you need. But a mediator is an additional layer of professional advice and guidance, guidance that is meant to empower you and your spouse to make productive, fair choices about your divorce settlement.

 Work with an Experienced Winter Park Divorce Lawyer

 If you are considering a collaborative divorce, work with a divorce lawyer in Winter Park who has specific experience facilitating this type of divorce. Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to set up your initial consultation with Mr. Ducker. During your consultation, you can discuss your specific divorce concerns with him and have all your questions answered so you can move forward with your divorce as an informed participant.

 https://www.law.cornell.edu/wex/alternative_dispute_resolution

How to tell if your Divorce is affecting your Children, and How to Help!

A divorce can be difficult on every member of a family. Children, even very young children, are perceptive to their parents’ conflicts and can feel stressed about the changes to their lives that come with a divorce. The reality of potentially having to move, no longer seeing each parent every day, possibly meeting their parents’ new partners, and adjusting to a different routine can have a significant impact on a child’s mental and physical health. If you are a parent going through a divorce, you can take steps to reduce your child’s stress levels.

Know How Divorce Tends to Affect your Child’s Age Group and Gender

Although there are many other variables that can impact how a child is affected by his or her parents’ divorce, the child’s age and gender can help parents predict and recognize the mental health difficulties he or she faces. Boys tend to become angry and aggressive and often show this by fighting and acting out in school. Girls are more likely to become withdrawn and depressed.

Preschoolers and school age children can suffer most from feeling like they have no control in a divorce. Teenagers can feel betrayed and may become angry and attempt to be more independent.

 Look for Warning Signs

 A few warning signs that a child is in mental distress about his or her parents’ divorce include:

●       Acting out at school;     
●       Poor performance on schoolwork;       
●       Changed personality;   
●       Withdrawal from social activities;        
●       Changed eating or sleeping habits;         
●       Reduced self esteem; and                           
●       An unwillingness to discuss the divorce or his or her feelings about it. 

Encourage your child to communicate with you about the divorce. If your child has questions, answer them in an age-appropriate manner that provides enough information to satisfy the question without overwhelming your child. Keep these discussions positive – do not make negative comments about the divorce or your former partner, no matter how you feel about them.

Help your Child Receive Help if Necessary

If you observe one or more of the symptoms discussed above in your child, your child’s pediatrician can refer him or her to a child psychologist or licensed counselor. Consider working with a counselor who specifically handles divorce-related issues in children. Your child’s school psychologist or guidance counselor can also be a helpful resource for him or her. You, too, can help your child during and after your divorce. Maintain structure in your household, such as daily and weekly routines and a set of rules and expectations. This can help your child feel secure and eliminate feelings of confusion and anxiety.

Work with an Experienced Winter Park Divorce Attorney

As a parent, it can be difficult to know the right thing to do for your child when you are going through a divorce. Understand that you are not alone and when you need help for your child or yourself, your divorce lawyer can point you in the right direction to get that help. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. in Winter Park today to set up your initial consultation in our office.

https://www.psychologytoday.com/blog/surviving-your-childs-adolescence/200908/parental-divorce-and-adolescents

http://www.livescience.com/37908-divorce-hardest-on-young-children.html

How Can I Prepare for my Collaborative Divorce?

If you and your spouse can work amicably together to discuss the terms of your divorce settlement, you could be candidates for a collaborative divorce. In a collaborative divorce, the couple and their individual lawyers work together to create a divorce settlement without involving the court. Generally, this makes the divorce process easier, less expensive, and less time-consuming for all parties involved.
Before your first meeting with a collaborative divorce lawyer, work with your spouse to prepare for the process. Below are a few ways you can prepare yourselves for your collaborative divorce to make the process as simple and straightforward as possible.

Identify your Goals
You might not have thought much about your goals for the divorce other than wanting to end your marriage. Take time to reflect on what you want from the divorce, such as a specific share of your marital assets. By identifying your goals before you start negotiations, you will be better equipped to advocate for them.

Discuss your Goals with your Spouse
Communicate with your spouse about your goals for the divorce. You might feel strongly about remaining in your marital home and he or she might feel strongly about retaining other assets. Identify the issues each feels most strongly about and where you are willing to compromise to allow both parties to reach their goals.

Have All your Updated Documents Ready
These documents include the title to your home, statements for bank and investment accounts, documentation of your current assets and income, and an itemized list of all your debts. You will need these documents to fairly divide your assets in your divorce.

Understand the Collaborative Divorce Process
Although you and your spouse will work together in your collaborative divorce, you will need to each retain your own lawyer. This is because despite working toward similar goals, you each have unique needs and you both have rights as individuals.
Your lawyer’s role is to be your advocate through this process and ensure that your rights are not violated. He or she can also help you understand the legal jargon you encounter during the divorce process and explain the pros and cons of potential choices you and your spouse make about your divorce settlement. Your lawyer may also draw upon his or her professional network to bring in outside parties to aid in your divorce, such as a real estate appraiser to value your home in order to divide its value equitably.
Working with a lawyer can also ensure that your paperwork is properly notarized and filed with the court.

Work with an Experienced Winter Park Divorce Lawyer
A collaborative divorce can be a liberating experience for a divorcing couple. If you and your spouse determine that collaboration is the way to go with your divorce, contact an experienced Winter Park collaborative divorce lawyer to move forward with the process. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to schedule your initial consultation with our firm.
Resource:
money.usnews.com/money/personal-finance/articles/2013/08/19/why-a-collaborative-divorce-makes-financial-sense

By Aubrey Harry Ducker Jr. | Posted on April 26, 2017

Dividing your Home in your Divorce

In most divorce cases, the couple’s home is their largest asset. Dividing a home in a divorce can be a contentious process, not only because of the monetary value of the home but because of the emotional value it has to the couple and their children. There are a few different strategies divorcing couples use to divide their homes. The right strategy for you and your spouse depends on your current circumstances and future goals. Talk with your lawyer about the strategies discussed below to determine which is best for your case.
Sell the House and Split the Profits
For many divorcing couples, selling the marital home and splitting the profit from the sale is the most efficient way to divide the home. This often requires the couple to work with a real estate appraiser, who determines the market value of the home so they can better factor it into their property division settlement. In many cases, the couple splits the profit from the sale evenly. However, this is not a requirement.
One Spouse Buys Out the Other’s Interest in the Home
If one spouse wants to stay in the home and can afford to pay the remainder of its mortgage, he or she may opt to “buy out” the other party’s interest in the home. In this scenario, a real estate appraiser may need to determine the home’s market value, which is then used alongside the couple’s equity in the home to determine each party’s interest in the home. As with cases where the couple sells their home, the court may determine that the parties are not entitled to equal shares of the home’s value and work a fair breakdown of this value into the couple’s property division settlement. In a case like this, the spouse who keeps the home must refinance the home’s mortgage in his or her own name.
Combining these Strategies and Considering Others
You might also consider having one partner remain in the home until your children are grown, then selling it and sharing the profits. This could involve working out a deal that allows the partner who leaves the home to take certain other assets to make up for the other’s benefit of keeping the house for a longer period of time.
Some couples choose another way to divide their home after their divorce: retaining ownership of it and alternating weeks in the house with the children. This is known as birdnesting. For some couples, this is a way to save money.
Work with an Experienced Winter Park Divorce Lawyer
Choosing the right divorce lawyer to handle your case is one of the most important choices you will make during the divorce process. To set up your initial consultation with experienced Winter Park divorce lawyer Aubrey Harry Ducker, Jr., contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today. During your consultation, you can discuss your goals for your divorce and develop strategies to promote them while protecting your rights.
Resources:
psychologytoday.com/blog/co-parenting-after-divorce/201307/birds-nest-co-parenting-arrangements
bankrate.com/finance/mortgages/breaking-mortgage-divorce-1.aspx

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

 

 

 

Four Tips for Using Social Media While your Divorce is Pending

We live in a world where our online interactions are as frequent and as meaningful as those we conduct face to face. Many of these interactions take place on social media platforms like Twitter and Facebook, which allow us to share our thoughts and images of our lives with hundreds, even thousands of followers.

 If your divorce is pending, you should take special care when using social media. Even a seemingly innocent comment can be taken out of context and used to make you appear to be a bad parent or a financially irresponsible individual. Below are four strategies to use to keep your social media behavior in check while you are working through the divorce process.

 If you Would Not Say it in Court, Do Not Post it on Social Media

 This is because once you make a comment on social media, you can never completely take it back. Even if you delete a comment, you cannot know that nobody took a screenshot before you removed it. Instead of putting yourself in this position, censor yourself on social media. Do not post anything that could be construed as a negative statement about your former partner or the divorce.

 The Unfriend, Unfollow, and Block Buttons are your Friends

Know who has access to the information you post on social media. Although you can never be sure that your information is not being shared beyond your inner circle, you can limit who has firsthand access to your posts by limiting your contact lists. If you are facing harassment on social media, do not hesitate to block the harasser and if the harassment is coming from your spouse or a close relative or friend to him or her, mention this to your lawyer.

Keep the Details of your Divorce Off your Social Media Channels

Do not only censor your feelings about your former partner and the divorce. Censor any discussion about the details of the divorce, such as the amount of spousal maintenance you are seeking, how your assets were divided, and your timesharing schedule.

Do Not Make your New Relationship “Facebook Official” Until your Divorce is Finalized

Ideally, you should refrain from dating until your divorce is finalized. But if you do begin a new relationship before your divorce is final, keep it off social media. Your former partner can use photos and posts you make to support claims that you are spending marital money on your new partner or that you are a careless parent because you would rather focus on your love life than your children. Moving in with a new partner can also compromise your ability to receive spousal maintenance, and photos from social media can be used to show or allege a cohabitating relationship.

Work with an Experienced Winter Park Divorce Lawyer

If your marriage has reached the point where you cannot save it, work with an experienced Winter Park divorce lawyer to end it. Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to schedule your initial consultation with Mr. Ducker.

https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/9AE8F4F1F573FFD2852571230058168C

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

Issues to Consider if Medicaid is Part of your Future Care Plan

Issues to Consider if Medicaid is Part of your Future Care Plan

 Many Americans rely on Medicaid, the federal health care program that provides health insurance and other benefits to low income and disabled individuals, to fund part or all of their long term care needs. For these individuals, Medicaid planning is an important part of estate planning. If you are considering using Medicaid to fund your long term care, discuss your plan with your estate planning lawyer. He or she can help you determine if you qualify for Medicaid and educate you about the facts of using Medicaid to fund your care.

 Are you Eligible for Medicaid?

First and foremost, you need to determine if you are even eligible to receive Medicaid coverage. The Florida Department of Children and Families determines an individual’s Medicaid eligibility by examining his or her assets and income. In Florida, an individual’s monthly gross income must be $2,205 or less and he or she must own less than $2,000 worth of assets as a single person or $120,900 jointly with a healthy spouse in order to qualify for Medicaid.

 Protecting your Assets As you Plan for your Future

 Any estate plan should be created to protect the individual’s assets from excessive taxes and penalties. If your assets render you ineligible for Medicaid coverage, work with your lawyer to determine your alternative options. You might opt to purchase an annuity, which converts existing funds to a monthly income source for your spouse who does not receive Medicaid, as a way to keep your money without it disqualifying you from receiving Medicaid coverage for your long term care. Another option is to provide monetary gifts to loved ones, which are not subject to gift taxes as long as you give less than $14,000 per year this way.

 

Separate the Medicaid Myths from the Facts

Your lawyer can break down any misconceptions you have about Medicaid, such as the myth that it is only for individuals who have no assets. You certainly can qualify for Medicaid if you have assets, and certain assets are not considered when determining your eligibility.

Many individuals also wrongly assume that it is possible to become eligible for Medicaid by transferring one’s assets to his or her loved ones. Although asset transfers can potentially be part of a long-term estate plan, they need to be utilized carefully. When an individual applies for Medicaid coverage, Medicaid representatives examine all of the transactions the individual made in the past five years. If certain assets were transferred without the individual receiving fair compensation, he or she could face penalties.

 Work with an Experienced Winter Park Medicaid Planning Lawyer

For help with any aspect of estate planning, whether you are eligible for Medicaid or not, work with an experienced Winter Park estate planning lawyer who can be your advocate through the process. Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to set up your initial consultation in our office, during which we can answer any questions you have and determine any issues that you need to resolve before you move forward in the estate planning process.

 http://www.myflfamilies.com/service-programs/access-florida-food-medical-assistance-cash/medicaid

http://longtermcare.gov/medicare-medicaid-more/medicaid/medicaid-eligibility/financial-requirements-assets/