Category: Divorce and Family Law

Florida Parenting Coordinator

Florida Parenting Coordinator

Perhaps you have heard of the substantial and largely beneficial impact most Florida Guardian Ad Litems have had on the well-being of children and families. Since approximately 2009, another alternative has been legalized in the Florida family law courts, provided by a Florida Parenting Coordinator. Locally, Judges are free to appoint an Orange County Parenting Coordinator. This alternative dispute resolution, as adopted by the Florida Legislature pursuant to Florida Statute 61.125, is a form of dispute mollification/resolution that is centered on the needs of the child. Let’s think about the needs and best interests of the child. The child (a hypothetical construct for purposes of this article, though one that can be transposed into any number of family life scenarios) has certain basic needs. These needs include the minimization of conflict between the parents. Parents should limit the yelling, screaming, incessant bickering, rebuke, and stop placing their child(ren) in the middle of their fights as though the minor child is supposed to have to listen to them and choose a side. Dial 407-335-8113 to speak with Jacobs Law Firm if your case involves a parenting coordinator or guardian ad litem.

In addition to attorneys having the option of moving the court to appoint a guardian ad litem, the parties, the judge, or the attorneys may move the court to appoint a Florida parenting coordinator. A Florida parenting coordinator is either a mental health professional or someone with a background in the law that has undergone extensive training (Florida has certain minimum requirements to ensure this person is thoroughly trained and can really help families). Two important Statutory qualifications a Florida Parenting Coordinator must possess are: [they must be: “Be licensed as a physician with certification by the American Board of Psychiatry and Neurology, [OR] Be certified by the Florida Supreme Court as a family law mediator, with at least a master’s degree in a mental health field.”

Your Florida Parenting Coordinator will offer her/his assessment of your individual and mutual interactions with your child(ren). These insights are intended to assist one or both parties in better appreciating and communicating with their child(ren). Parenting coordinators are in theory unbiased and impartial. Of course, after observing each unique household’s style of raising their child(ren), the parenting coordinator may develop an ironclad sense of what changes may need to be made to establish a safe and secure environment. Conflicts of interest can arise and lead to disqualification.

Orange County Parenting Coordinator

Orange County Parenting Coordinator

Most Florida Circuit Courts, including the Orange and Osceola Ninth Circuit Court offer lists of qualified parenting coordinators ready, willing, and able to help with your contested parenting situation(s). If you have any doubt about whether you may be eligible for the appointment of a parenting coordinator because you are a grandparent, or other legal guardian, according to the Rules for qualified parenting coordinators, “parent” refers to the child’s “mother, father, legal guardian, or other person who is acting as a parent and guardian.”

Florida Parenting Coordinators are trained to be on the lookout for unusual and detrimental behaviors among the parents. Similar to a Guardian Ad Litem, a Florida parenting coordinator must watch the parties to ensure there is no substance abuse, mental health issues, or domestic violence. Call Jonathan Jacobs, a caring a compassionate Florida family law attorney who can help you with your family law legal issues.

Groveland Florida Divorce Attorney

Groveland Florida Divorce Attorney and Davenport Divorce Attorney FL

Jacobs Family Law Firm is ready to help you achieve your goals in divorce and paternity cases. Call 407-335-8113 today for the help you need and answers to your important questions. As a Groveland Florida Divorce Attorney in Lake County, and a Davenport divorce attorney FL in Polk County,, we know how difficult divorce and paternity can be for you personally, professionally, and for your family. During our first consultation with you, we will discuss the legal issues your case presents, listen to your story to find out how best we can help, answer your most important questions, and determine how much we would charge for those services (payment plans are welcome, we accept cash, credit card, and flat fee agreements). Generally, our clients are interested on achieving amicable solutions. Our experience with family law can make a substantial difference for the outcome of your case. If you have done your best to resolve your issues, and the other side has been uncooperative or unfair to you, we want to help you! Call your Davenport Florida divorce attorney and Groveland Florida divorce attorney today at 407-335-8113. We practice uncontested divorce, collaborative divorce, and contested divorce and paternity.

Davenport Divorce Attorney FL, Groveland Divorce Attorney

When you are petitioning for divorce of paternity in Groveland, it is likely your case will be litigated in Lake County. For those of you living in Davenport, you will likely litigate in Polk County. Every case involves issues with jurisdiction (does the family court have the authority to hear your case) and venue (what is the right county for your divorce or paternity action). It is important to resolve at the beginning whether the Florida court can decide your case, and where your case should be filed or moved to if necessary.

Here at the Jacobs Family Law Firm you may expect courtesy and professionalism, as well as caring and compassionate representation. Attorney Jacobs is a former educator. He enjoys explaining the ins and outs of the law to make family law understandable and relatable. It is important that our clients know what to expect during their divorce. Whether your case involves divorce, paternity, child custody/timesharing, child support, alimony, property and asset division, or otherwise, please call us at 407-335-8113 and ask if we will be your Davenport divorce attorney FL or Groveland Divorce Attorney.

How Long Do You Have to Be Separated to get a Divorce in Florida

How Long Do You Have to Be Separated to get a Divorce in Florida

How long do you have to be separated to get a divorce in Florida? This is a popular question among clients seeking a divorce/dissolution of marriage in Florida. People ask this question because the Florida Statutes are relatively silent on whether you can file for a divorce immediately. The answer (generally speaking) is there is no set amount of time between spouses breaking up and when they may file/petition for divorce. In most cases, the timing of your filing is relevant to the issues in the case such as alimony, equitable distribution, timesharing with the children and child support in an action for dissolution of marriage. The more appropriate question, that is governed by Florida law, is how long do you have to live in Florida before you can get a divorce? The answer seems easy, but a two part analysis is appropriate. Call the Jacobs Law Firm for representation for your uncontested or contested divorce at (407) 335-8113 or e-mail us at admin@jjlawfl.com for the help you need with your divorce or family law case.

How Long Do You Have To Live In Florida Before You Can Get A Divorce?

Some marriages last for a relatively short period of time (days, weeks, or months) while other marriages may last for years or decades. Let’s ask again, how long do you have to be separated to get a divorce in Florida? There is no specific requirement in the Florida Family Law Rules requiring that the spouses must be separated for days or weeks or months or years before petitioning for divorce. Partially, this is because Florida is a no fault divorce state. Also, each case presents a unique set of circumstances, which you may already be aware of if you are seeking marital dissolution (dissolution of marriage is the legal title for divorce in Florida). You may petition for divorce or annulment at any time after you are married. Once your petition is filed, in some cases there may be a 20 day waiting period before a family judge will grant your divorce (one of the many technicalities in the Florida Family Law Rules of Procedure). However, there is always a question about jurisdiction in divorce cases.

The more time the spouses have been married, the more marital assets they may have accrued, and the more financial considerations may be at play if alimony and equitable property distribution are issues in the case. Let’s move on to the more pertinent question, how long do you have to live in Florida before you can get a divorce?

How Long Do You Have to Live in Florida Before You Can Get a Divorce

How Long Do You Have to Live in Florida Before You Can Get a Divorce?

The Florida Statutes are quite definite in their answer to this question, and the answer may affect your ability to file a petition immediately. Florida Statute 61.021 answers our question succinctly, “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” Read carefully. Only ONE of the parties to the marriage must have resided in the State of Florida for 6 months prior to filing for divorce. This means that if one spouse has lived in Florida for 6 months or longer and the other spouse has moved to another state, or never moved to Florida at all, it is likely the party residing in Florida can successfully petition the Florida court for a dissolution of marriage. This rule governing jurisdiction applies even if your divorce is uncontested.

For more information on subjects such as Florida divorce, Florida alimony, child support, child support health care, Florida parenting plans, and other family law topics, click on any of our links provided by the Jacobs Law Firm. Call our uncontested divorce attorney in Orlando today  at (407) 335-8113 or e-mail us at admin@jjlawfl.com for the help you need with your divorce or family law case.

What does a Guardian Ad Litem do

What does a Guardian Ad Litem do

GAL is the acronym or abbreviation for Guardian ad Litem. A Florida Guardian ad Litem is an attorney (generally) appointed on behalf of a minor child (under the age of 18) with the intention of serving their best interests. A GAL may be appointed upon motion of the attorneys, pro se litigants, or by the court itself, particularly if the judge has reason to believe there is an issue involving child safety and that the circumstances warrant an investigation. GALs are appointed to investigate child neglect, health and safety issues, and child endangerment (a non-exhaustive list, but you get the idea that there is a severity involved). The GAL keeps a close eye on the domestic quarrels and disputes to be able to report to the court any out of the ordinary activities or abuses that may occur at home. Call Jacobs Law Firm, Orlando child custody attorney at 407-335-8113.

florida guardian ad litem

Florida Guardian Ad Litem

A Florida Guardian Ad Litem will appear at every hearing during the proceedings and will provide testimony as to what specific actions or outcomes would be in the best interests of the children. The work of a GAL does not necessarily end when the court proceedings are over. (It is a tough job and is usually done by wonderful people with big hearts) These wonderful men and women may be asked by the court to continue monitoring the subsequent behavior of the parties toward their children to continue to ensure the safety of the precious kids.

GALs will ultimately know if the parties are being dishonest with them GALs are trained to spot when parents are deceiving the court. In fact, a Florida Guardian ad Litem may recommend the parents undergo psychological evaluations and drug screens based on behaviors they observe when visiting your home. Generally, the more honest and open the parties are, the better the Florida Guardian Ad Litem’s evaluation of their parenting quality will be.

If circumstances warrant, your attorney may make a motion on your child’s behalf to ask the court to appoint a GAL. Provided the court decides in favor of the appointment of a Florida Guardian Ad Litem, the GAL will be involved in your case for the duration of the proceedings remaining. For additional information on child custody, how child support is calculated in Florida, child support and health insurance, Florida alimony, mediation, domestic violence and divorce, or Florida divorce, visit our Florida Law Blog.

Elements of a Breach of Contract in Florida

Elements of a Breach of Contract in Florida

Elements of a Breach of Contract in Florida

The elements of a breach of contract in Florida are: (1) the existence of a contract, (2) a breach (material breach) of the contract, and (3) damages resulted from the breach. DNA Sports Performance Lab, Inc. v. Club Atlantis Condo. Ass’n, Inc., 219 So. 3d 107, 109 (Fla. 3d DCA 2017), Abbott Labs., Inc. v. Gen. Elec. Capital, 765 So. 2d 737, 740 (Fla. 5th DCA 2000). For a claimant (person that starts the lawsuit) to win damages from the defendant for an alleged breach of contract, there are two additional elements that must be proven. Contact Jonathan Jacobs, breach of contract attorney Orlando FL today for a consultation regarding your breach of contract action.

According to the Supreme Court’s standard jury instructions, the following five elements of a breach of contract in Florida must be proven by the plaintiff for a jury may award him or her or the corporation damages: (The instructions are paraphrased and I have included notes for you to better understand their meaning)

  1. Plaintiff and defendant entered into a contract; (this can be proven in a number of ways, even if the contract was oral)
  2. Plaintiff did all, or substantially all, of the essential things which the contract required him/her/corporation to do or that he/she/corporation was excused from doing those things; (obligations under the contract, often called conditions precedent. If one party has fulfilled all of their obligations and gotten nothing in return, a material breach has taken place)
  3. All conditions required by the contract for defendant’s performance had occurred; (plaintiff performed its part of the bargain, and defendant did nothing in return, or the performance they rendered was so inadequate as to be relatively valueless)
  4. Defendant failed to do something essential which the contract required him/her/corporation to do; AND
  5. Plaintiff was harmed by that failure. (If there are no damages, why spend the money to bring a lawsuit?)

Breach of Contract Attorney Orlando FL

Breach of Contract Attorney Orlando FL

As a breach of contract attorney Orlando FL, I can list practically unlimited scenarios in which a breach of contract can be alleged. A few common examples of the breach of a contract for services are: catering, car repair, wedding singing, birthday party entertainment, and video production failures to perform, show up, or provide a reasonable service as contracted for by the parties. An example of a breach of contract for goods is the shipment by the supplier to you the retailer, of nonconforming goods. You ordered 100 silver iPads with 64 GB of memory, and you received 100 iPads with 12 GB memory in gold. Remember the rule, as the plaintiff/claimant, you must prove all elements of a breach of contract in Florida.

For more information on breach of contract actions such as Florida timeshare cancellation, small claims lawsuits, suing unlicensed contractors, unlicensed contractors suing homeowners, wrongful terminations of employment, creditors suing debtors, mold infestation, and other forms of civil litigation, call your contract attorney Orlando FL today.

Jonathan Jacobs is a breach of contract attorney Orlando FL that offers consultations with clients where he will explain to you the elements of a breach of contract in Florida to help you resolve your legal issues. Call the Jacobs Law Firm today for a consultation in your contract dispute case, (407) 310-5636, or e-mail us to schedule an appointment: Jonathan@JJLawFL.com.

How is Child Support Calculated in Florida?

How is Child Support Calculated in Florida?

How is Child Support Calculated in Florida? Florida Statute 61.39(2)(a)(1-14) determines that monthly income for purposes of calculating child support in Florida is based on at least fourteen considerations. We will go some of the most interesting considerations the court may apply when calculating child support in Florida. Looking closely at the child support factors can help you have a better idea of how much you may owe or be owed when your family law case is resolved. Going into mediation or a hearing, or trial knowing (within reason and within a range) can make a difference in how you approach your case. Jacobs Law Firm, Orlando child support lawyer can explain the Florida child support calculations to help you understand your potential obligations. Dial 407-335-8113 today to speak with a child support lawyer.

Pursuant to the Statute, “gross” income is based partly on a party’s salary ($25,000, $50,000, $100,000, etc.). Any bonuses (Christmas or performance bonuses) a party may receive from their employer are added to the Florida child support calculation. This includes commissions (sales commissions for example), overtime pay (for working beyond 40 or so hours per week or beyond a certain number of hours per day), tips (at least those that can be proven based on tax records and receipts or those that are admitted to), and similar forms of additional income beyond one’s base salary. Let’s move on to some of the other child support considerations.

Calculating Child Support in Florida

Calculating Child Support in Florida

Calculating child support in Florida may also involve figuring out a party’s business income. Business income emanates from entities such as corporations, partnerships, limited liability corporations, and includes gross business income once ordinary business expenses (paperclips, reasonable advertisements, salaries for employees, rent, internet, electricity, etc.). Business income is determined from examining business records and preparing accurate profit and loss statements.

Some litigants and observers find it surprising that disability benefits are subject to child support calculations in Florida. The same goes for worker’s compensation benefits and settlements. They are part of the Florida child support calculations. Military housing stipends may also be used for calculating a party’s income for child support. The reasoning is that children’s health and welfare are paramount above all else.

Florida Child Support Calculations

Florida Child Support Calculations

Unemployment benefits are subject to Florida child support calculations. A party’s pension, retirement accounts (IRA accounts for example), and dividends are considered part of the calculus. Look out octogenarian dads and moms, your social security benefits are subject to Florida’s child support laws!

Alimony/spousal support payments that a party receives from a prior marriage are counted for purposes of figuring out child support payments. If a party earns rental income from renting out their properties, that gross income (with subtractions for AC and heating repairs, lighting, roofing, etc.) will be used for calculating child support in Florida.

Daycare expenses are generally included in child support calculations and each party’s obligation is determined based on their incomes.

How is child support calculated in Florida? We have covered ten considerations that are prominently featured in child support litigation. In other articles we will concentrate on other child support, jurisdiction, alimony, domestic violence, timesharing, and property issues.

Jonathan Jacobs is a caring and compassionate Orlando family law attorney. Your family judge may require that you provide an income deduction order or an income withholding order for support. Call Jacobs Law Firm at 407-335-8113 to speak with a divorce and paternity lawyer today.

Child Support Lawyer Lake County Florida

Uniform Child Custody Jurisdiction and Enforcement Act Florida

In a dissolution of marriage case or a paternity action in Florida, the Uniform Child Custody Jurisdiction and Enforcement Act Florida, the court needs to make a determination whether it has jurisdiction (legally binding authority) to hear your child custody case. As you may be aware, Florida court dockets are filled with dissolution of marriage and paternity cases. They do not have the time or resources to allow out-of-state cases into their system without sufficient proof that jurisdiction is appropriate. Florida courts prefer to avoid jurisdiction battles with out of state courts when a more convenient forum has already been proven. Their attention and resources are primarily applied to Florida residents with jurisdictional standing under the UCCJEA Florida. Florida Statute 61.514 clearly provides the basis for jurisdictional standing when cases involve kids. Call child custody attorney Jonathan Jacobs at 407-335-8113 for information on your divorce or paternity case with minor children.

The Florida Legislature has put together an excellent Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute 61.514, otherwise Known as the UCCJEA Florida Statute. This Statute perfectly explains and clarifies the circumstances under which Florida courts may confer jurisdiction over your case, and when and why they may choose not to do so.

Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute

Pursuant to the UCCJEA Statute, Florida is considered the home state (for jurisdictional purposes) of the minor child as of the date of the beginning of the case, or if Florida was the home state of the minor child within six months prior to the initiation of the proceeding. Six months is a more than reasonable amount of time during which litigants may establish residency and significant contacts within our State. The kid(s) whose best interests are being decided by a Florida court can be living in another state for purposes of UCCJEA, as long as the parents or would-be custodial parents continuously maintain a residence within the State of Florida. Florida will not take jurisdiction over your case if another state has taken control of your case. However, if the other state(s) have declined jurisdiction, and the requirements provided by the UCCJEA Statute are present, Florida will likely integrate your child custody case into its court system.

It is important that either the kid(s), the parent(s) or all parties have a “significant” connection with Florida that is more than a mere physical presence. Equally as important is that the Florida courts want to know that the child whose timesharing and child support is under consideration, have substantial ties (relationships) in/to the State of Florida. This may include schooling, friendships, extracurricular activities, a Driver License, mail, residency, etc.

UCCJEA Florida

UCCJEA Florida

Ultimately, the Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute, otherwise Known as the UCCJEA Florida law, is written and provided for marital dissolution litigants to alert them to the fact that Florida does not have to hear their case. Being a litigant in a Florida divorce court has certain requirements that must be fulfilled or else the court will recommend you litigate your issues in a more (or most) appropriate forum. This means another state, another jurisdiction. Before you file with the court, ask an attorney if you meet the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute, i.e. the UCCJEA Florida elements.

Call the Jacobs Law Firm today to learn more about jurisdiction and your rights in the Florida divorce courts.

Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute

Technically speaking, family law cases are a form of civil litigation. However, when lawyers think about the meaning of civil lit, we more often conjure to mind eviction cases, commercial lease disputes, construction lawsuits, insurance disputes, and the list goes on. If you would like to learn more about civil litigation, visit our civil lit page today!

Alimony Pendente Lite Florida

Alimony Pendente Lite Florida

Alimony Pendente Lite sounds like an auto insurance company, or a caricature from some foreign language film nominated for an Oscar Award. In fact, alimony pendente lite Florida is a form of short term alimony awarded while the divorce is pending/going on. This type of limited spousal support is intended to help the recipient during the length of the case itself (hence the word pendente or pending). Florida divorce courts do not automatically award this type of alimony. Your divorce lawyer must specifically ask the court alimony pendente lite it to be awarded. It is rather obvious to lawyers, but generally not to nonlawyers, that if you want the court to do/award something in a divorce or family law case, you generally must ask the court for relief. Jonathan Jacobs is an alimony attorney in Clermont, Minneola, Orlando, Leesburg, Tavares, Osceola, and the surrounding areas of Central Florida. Call 407-335-8113 to speak with a divorce and family attorney today.

Suit Money in a Divorce

Alimony pendente lite Florida is otherwise known (this sounds like a pejorative term but it really isn’t) as “suit money.” Essentially, the party that has demonstrated a need for alimony from the party with a demonstrable ability to pay for alimony may be entitled to this short-term suit money. Vickers v. Vickers, 413 So.2d 788 (1982). Moreover, it is a central tenet of dissolution of marital law that both spouses (husband and wife) have an equal right to petition for alimony, petition for child support, and have (unless competent and substantial evidence indicate(s) otherwise), an equal right to custody of children. Yohem v. Yohem, 295 So.2d 656 (1974).

The concept behind alimony pendente lite Florida, is that divorce lawsuits may take a number of months (or even years) to be resolved. In the meantime, the payee (recipient) may not have any money to support their children, pay for their basic expenses such as rent or groceries, or even to pay their attorney to represent them in the divorce proceeding. Therefore, being mindful of this, and understanding that alimony may be awarded at the outcome stage of the case, Florida courts often award alimony pendente lite to benefit the party in need. Alimony pendente lite in Florida may be awarded based on motion, the petition, or the counterpetition upon request.

Florida Alimony Pendente Lite Statute

Alimony Attorney in Clermont

The Florida Alimony Pendente Lite Statute is 61.071. Florida Statute 61.071 is one of the many Florida Statutes governing alimony. Case law regarding the Florida Alimony Pendente Lite Statute is mostly older and foundational (as indicated above).  The original case law on alimony pendente lite provides that the court awards this so-called suit money to prevent one party from being a burden to the coffers (pocket-book) of the state/government.

If you are considering getting a divorce in Florida, or if you have been served with a petition for dissolution, please call Jonathan Jacobs, your Alimony Attorney in Clermont Florida, Orlando Florida, and in all of Central Florida.

Other forms of alimony include:

Alimony Attorney in Clermont

Keep in mind that alimony is merely one of many issues that may need to be litigated in the Florida family courts. Other vital issues may include child support, health insurance for the kids, domestic violence, and the equitable distribution of assets. Call us today to learn more.

burglary defense in florida

Unlawful Detainer Attorney Orlando Florida

An Unlawful Detainer Orlando Florida is a unique and technical area of landlord-tenant law. Technically speaking, unlawful detainer is not an eviction, it is a separate civil action heard in county court. There are three basic minimum requirements we must verify during our initial consultation with you. If all three are confirmed by you, we may be able to start the process of recovering possession of your residence for you. Jonathan Jacobs is an unlawful detainer attorney Orlando Florida that helps clients with their unlawful detainer Orange County Florida lawsuits. Call 407-335-8113 today to speak with an Orlando unlawful detainer attorney for help anywhere in Central Florida (Orlando, Winter Garden, Winter Park, Apopka, Ocoee, Windermere, and more).

Unlawful Detainer Attorney Orlando Florida | Unlawful Detainer Orange County Florida

Unlawful detainer actions are narrowly-focused because they apply only to specific factual situations. The facts must be in the favor of the plaintiff seeking to evict the person/defendant staying in or essentially squatting in their home once consent has been revoked.

The threshold criteria for a plaintiff seeking to remove/oust a person from their home are:

1. The plaintiff in an unlawful detainer Orlando Florida (represented by an Orlando unlawful detainer attorney) action must have a legal right to live in the home. For instance, the plaintiff may be either the true owner with good title/deed, or the lawful tenant by contract/lease agreement. A lease agreement will specify the terms and nature of the tenancy and sub-tenancy (if any).

2. It follows logically that the person the owner or tenant seeks to have thrown out of the residence, must not have a legal right to live in the house. For example, the person the plaintiff intends to remove must not be a co-tenant or a co-owner of the home. If they are a co-tenant or a co-owner, an eviction action or perhaps an ejectment action (if title needs to be quieted, etc.) is the proper remedy.

3. If there is evidence of a landlord-tenant agreement, either verbally or by way of a written agreement/contract between the litigants, an unlawful detainer Orlando Florida case will likely fail unless uncontested and a default judgment is granted, albeit potentially erroneously and subject to appeal or vacation of a writ for possession. There is a narrow window of approximately thirty days to appeal an unlawful detainer verdict. Moreover, it is important to note than an unlawful detainer judgment goes on a person’s record and may appear to be a form of an eviction to their potential future landlords.

Unlawful Detainer Orlando Florida | Orlando Unlawful Detainer Attorney

As your unlawful detainer attorney Orlando Florida, we are happy to speak with you about Florida’s Unlawful Detainer Statute. An unlawful detainer pleading may include the a copy of the documentation proving your property rights. Although notice to the defendant to leave is not statutorily required, it is necessary for the lawsuit itself because of their right to due process (notice and a hearing). A plaintiff cannot unilaterally throw someone out just because the mood strikes them, unless the other person leaves voluntarily.

Jacobs Law Firm, Orlando unlawful detainer attorney, works with many landlord tenant clients that are facing challenging situations with unwanted guests refusing to leave their homes. Removing guests unlawfully occupying your property is the central purpose of an unlawful detainer action in Orlando. Call us today to speak with an unlawful detainer Attorney Orlando Florida today to ask about your rights, dial 407-335-8113.

Unlawful Detainer Orange County Florida

Jonathan Jacobs, Esq. is unlawful detainer attorney Orlando Florida, Orlando unlawful detainer attorney, that offers consultations with clients where he will explain to you the process and the cost of pursuing an unlawful detainer Orange County Florida to help you resolve unique legal issues. Call the Jacobs Law Firm today for a consultation your unlawful detainer or contract dispute case, (407) 335-8113, or e-mail us to schedule appointment: Paralegal@jjlawfl.com.

Unlawful Detainer Orlando Florida

How Does Domestic Violence Affect Child Custody in Florida

How Does Domestic Violence Affect Child Custody in Florida

How does domestic violence affect child custody in Florida? This question is asked frequently. We should recognize the impact of domestic violence on relationships, both marital and parental. Generally speaking, Florida courts default to the position that every minor child should have continual and meaningful contact with both parents. This is often a hallmark of shared parental responsibility among the parents. The word shared is included because it is easier to raise a child when there is a mutual support system. Whether we think about it from a biological standpoint, a common-sense standpoint, or a philosophical perspective, raising a child with both parents caring and nurturing can have a wide variety of benefits for the minor child. How does domestic violence affect child custody in Florida? By allowing the court to intervene when evidence is presented of a potential detriment to the child. This is another reason why we have child custody laws in Florida, as they govern the conduct of people if there is a serious enough situation requiring the court’s awareness and guidance. Call 407-335-8113 today.

Generally, the court defaults to the proposition that equal timesharing for both parents is in the best interests of the child. The parents have some latitude to solve their own issues by working together at mediation or by otherwise developing a parenting plan on their own terms. This scenario may change when one of the parents has has a domestic violence injunction issued against him/her.

Child Custody Law in Florida

Child Custody Law in Florida

Here is where conflict and acrimony between the parties can impact a court’s award of timesharing between the parents. According to child custody law in Florida, the court may, after the presentation of evidence, find that one or both parents being involved in the child’s life would present a detriment to the child.

For example, if one side can present evidence that the other parent has been convicted of a crime, specifically a first-degree misdemeanor or a felony which involved domestic violence, the evidentiary standards shifts and the burden shifts to the guilty party. The convicted party must rebut the presumption that he/she is a detriment to the child’s well-being. If the convicted parent is unable to successfully rebut the presumption, then he/she will likely not be allowed to have shared parental responsibility. Consequently, to protect the minor child, the court may decide to grant sole parental responsibility to the non-guilty parent. This is just one way to answer how does domestic violence affect child custody in Florida. You should contact an attorney to help you argue your case and present evidence to the court.

Attorney Jonathan Jacobs can also answer your questions about alimony. Learn more about other types of alimony in Florida: Durational alimony, women paying men alimony, alimony factors, short term alimony, permanent alimony, and rehabilitative alimony. In fact, we have a page entirely dedicated to discussing and explaining alimony in Florida. This process can be eye-opening! Keep in mind that to establish jurisdiction in a Florida Court for child custody, you must satisfy the Uniform Child Custody Jurisdiction and Enforcement Act.

What about child support health insurance? Divorce mediation? We address those topics as well. Family law is in some ways under the vast umbrella of Florida civil litigation. Civil litigation involves non-criminal lawsuits and can involve a great deal of time and money at issue. Unlawful Detainer lawsuits are among our practice areas.