Florida child custody laws underwent significant changes on October 1, 2008. The old Florida child custody system presumed shared parental responsibility, with one parent being named the primary custodial parent of the minor children.. The Broward County family law judge could evaluate a multitude of factors to determine which parent would have primary custody, focusing on the best interests of the child: attachment between parent and child, possible visitation arrangements, the stability of the home environment, and the moral fitness of each parent, to name a few. The child's preferences were taken into consideration if the child was older and relatively mature, but the child's needs and best interests have always been the primary consideration.
The new Florida child custody law requires that divorced, separated, or never-married parents develop a parenting plan for raising their children and does away with the concepts of custody, visitation and primary/secondary custodial parents. The parenting plans are extensive and are intended to outline a timesharing schedule and cover issues such as providing for health care, education, and how the parents communicate with the children, among other issues. The family court evaluates numerous factors during the formation of a parenting plan or when considering a parenting plan developed by the parents themselves . These include some of the old factors and some additional factors, but ultimately, the emphasis is on the ability of the parents to co-parent their children..
The shift to parenting plans in Florida child custody law reflects a growing movement throughout the United States to reduce conflict among parents raising children in separate homes. The plans have been regarded as a positive shift in family law, promoting communication and cooperation between parents. Although the prior law in Florida preferred the participation of both parents, the new legislation more clearly emphasizes shared parental responsibility. Parents will share responsibility and are expected to collaborate in order to achieve the priorities they have set for their children, except in rare instances in which one parent's involvement in the life of the children would be extremely detrimental to their well-being. A Broward family lawyer can help you with your parenting plan.
A parenting plan requires that the parents list their priorities. For instance, having the children remain in the same elementary school or church they have always attended could be priority both parents agree on, as they seek to prevent disruption in their children's lives. Parents will need to reevaluate the plan periodically, particularly in light of certain circumstances. Restructuring the agreement will be necessary when parents remarry or move and as the children get older. For instance, parents may want to agree to consistent rules about dating as a child enters high school.
Saturday, July 4, 2009
Florida Family Law: Domestic Violence: The Other Side of the Issue
Accusations of domestic violence in the Fort Lauderdale area lead to increasingly harsh consequences. Domestic violence can include battery, sexual violence, stalking, false imprisonment, and other acts committed by someone in your household, your current or former spouse, or a person you have been romantically involved with in the past. Although most domestic violence cases in the Fort Lauderdale area probably involve current or former romantic partners, a child can batter his parent or vice versa. Florida and other states have passed ever tougher legislation to combat the problem in an effort to protect the victims of this often silent crime. Public awareness of domestic violence has grown substantially in Broward County and elsewhere. Florida police and family courts have implemented special procedures to govern this sensitive issue.
Domestic violence is an issue that continues to challenge law enforcement and judges in Broward County and throughout the State of Florida. Being accused of domestic violence has far-reaching ramifications. If your spouse notifies the police, you could be arrested and taken to jail if they believe that you were the primary aggressor in the dispute. Florida's mandatory arrest policy requires that one person involved goes to jail. You may have to post bail, attend numerous court dates, and be forced to miss work. You could go to trial, even if your spouse recants the story given to police, and could face a jail sentence or a hefty fine if you are convicted. The judge may enter a no-contact order that prevents you from going near your spouse, your children, and your home.
In addition to the criminal consequences, a domestic violence arrest or accusation has serious civil ramifications including the issuance of an injunction for the protection against domestic violence (commonly known as an injunction or a restraining order). The entry of an injunction will prevent you from returning to your home, contacting your family, and will require you to forfeit any firearms you may possess. The violation of a domestic violence injunction has potential criminal repercussions. If you have been accused of domestic violence recently or in the past, you should always be represented by an experienced Fort Lauderdale family lawyer.
Domestic violence is an issue that continues to challenge law enforcement and judges in Broward County and throughout the State of Florida. Being accused of domestic violence has far-reaching ramifications. If your spouse notifies the police, you could be arrested and taken to jail if they believe that you were the primary aggressor in the dispute. Florida's mandatory arrest policy requires that one person involved goes to jail. You may have to post bail, attend numerous court dates, and be forced to miss work. You could go to trial, even if your spouse recants the story given to police, and could face a jail sentence or a hefty fine if you are convicted. The judge may enter a no-contact order that prevents you from going near your spouse, your children, and your home.
In addition to the criminal consequences, a domestic violence arrest or accusation has serious civil ramifications including the issuance of an injunction for the protection against domestic violence (commonly known as an injunction or a restraining order). The entry of an injunction will prevent you from returning to your home, contacting your family, and will require you to forfeit any firearms you may possess. The violation of a domestic violence injunction has potential criminal repercussions. If you have been accused of domestic violence recently or in the past, you should always be represented by an experienced Fort Lauderdale family lawyer.
Broward Family Lawyer: Timesharing & Addictive Parents
Florida law provides that timesharing between divorced parents is arranged to suit the best interests of the children and is outlined in a parenting plan. Ideally, each parent should be able to spend as much time parenting his or her children as is possible. However, when one parent suffers from an addiction problem, establishing a parenting plan becomes more complicated. Many parents in Broward County struggle with addiction. Ongoing drug and alcohol abuse can threaten a parent's livelihood and their ability to support children financially and emotionally. A parent's problem with addiction may even have been a reason why the marriage did not survive.
Addiction to drugs or alcohol can have both a physical and a mental component. The parent's dependence on a substance may override all of her other needs, including holding down a job and maintaining personal relationships. Sadly, someone with a substance abuse problem may not be able to properly care for her children due to extreme mood swings, child neglect, or other effects of the drugs or alcohol. In some cases, psychological addictions beyond traditional substance abuse - such as gambling and computer usage - can affect the parent-child relationship. Even if the children do not live with the addictive parent, the addiction can severely affect the parent's ability to pay child support and to properly care for the children when they are in that parent's care. At the very least, addiction issues impact the parent-child relationship.
If your former spouse has a problem with addiction, you should be concerned about your children's safety. He could drive drunk with them in the car, use drugs in their presence, overdose, or just improperly supervise them. For this reason, it is important to document instances of the abuse and, as much as is possible, retain corroborating evidence of the problem and how it affects your former spouse's day-to-day functioning and the lives of the children.
You may prefer that the addictive parent not be around your children at all. However, you should remember that family courts place a high priority on maintaining familial relationships, particularly the parent-child bond. A Fort Lauderdale area divorce lawyer can navigate through this process. The addicted parent could get limited, supervised timesharing or no timesharing at all.
Coordinating timesharing is an issue that requires cooperation between parents. Establishing a parenting plan that both parents can agree to and follow is ideal. An addictive parent makes that process more difficult, because they may not always be rational, they may have difficulty following the plan, and there is concern about what they are doing in the presence of the children.
Addiction to drugs or alcohol can have both a physical and a mental component. The parent's dependence on a substance may override all of her other needs, including holding down a job and maintaining personal relationships. Sadly, someone with a substance abuse problem may not be able to properly care for her children due to extreme mood swings, child neglect, or other effects of the drugs or alcohol. In some cases, psychological addictions beyond traditional substance abuse - such as gambling and computer usage - can affect the parent-child relationship. Even if the children do not live with the addictive parent, the addiction can severely affect the parent's ability to pay child support and to properly care for the children when they are in that parent's care. At the very least, addiction issues impact the parent-child relationship.
If your former spouse has a problem with addiction, you should be concerned about your children's safety. He could drive drunk with them in the car, use drugs in their presence, overdose, or just improperly supervise them. For this reason, it is important to document instances of the abuse and, as much as is possible, retain corroborating evidence of the problem and how it affects your former spouse's day-to-day functioning and the lives of the children.
You may prefer that the addictive parent not be around your children at all. However, you should remember that family courts place a high priority on maintaining familial relationships, particularly the parent-child bond. A Fort Lauderdale area divorce lawyer can navigate through this process. The addicted parent could get limited, supervised timesharing or no timesharing at all.
Coordinating timesharing is an issue that requires cooperation between parents. Establishing a parenting plan that both parents can agree to and follow is ideal. An addictive parent makes that process more difficult, because they may not always be rational, they may have difficulty following the plan, and there is concern about what they are doing in the presence of the children.
Friday, July 3, 2009
Attorney Peter Mavrick Recovers Funds for Subcontractor in Legal Construction Case
Peter Mavrick, a Fort Lauderdale lawyer, recently recovered funds owed to his client, a construction subcontractor in a case venued in Palm Beach Circuit Court. The settlement was paid by a general contractor to attorney Peter Mavrick’s client, a subcontractor that supplied labor and materials under a construction contract. Before hiring Peter Mavrick’s law office, the business had unsuccessfully sought payment for its services for several months.
An interesting aspect of the case was that fact that the business had actually been a defendant in a previous case, and attorney Peter Mavrick represented the plaintiff in that case. After resolution of that case, the company asked Peter Mavrick about the possibility of representation in the construction collection case.
Peter Mavrick practices in the areas of business litigation and employment litigation, and his office is based in Fort Lauderdale, Florida. After the real estate boom, there has been an increase in construction payment disputes, especially where subcontractors need to recover payments from general contractors. Especially for small businesses, the non-payment for labor and materials can be financially devastating.
The law office of attorney Peter Mavrick has represented construction sub-contractors to recover payments for services and materials rendered. Some sub-contractors have actually had to close their businesses because they got so deep into non-payments from the general contractors. While waiting for payments that never arrive, the sub-contractor has to pay its workers, its office, phones, insurance, taxes, and pay for materials for the construction contract. The bigger the sub-contractor’s commitment to the construction project, the more devastating non-payment becomes to the sub-contractor’s business.
An interesting aspect of the case was that fact that the business had actually been a defendant in a previous case, and attorney Peter Mavrick represented the plaintiff in that case. After resolution of that case, the company asked Peter Mavrick about the possibility of representation in the construction collection case.
Peter Mavrick practices in the areas of business litigation and employment litigation, and his office is based in Fort Lauderdale, Florida. After the real estate boom, there has been an increase in construction payment disputes, especially where subcontractors need to recover payments from general contractors. Especially for small businesses, the non-payment for labor and materials can be financially devastating.
The law office of attorney Peter Mavrick has represented construction sub-contractors to recover payments for services and materials rendered. Some sub-contractors have actually had to close their businesses because they got so deep into non-payments from the general contractors. While waiting for payments that never arrive, the sub-contractor has to pay its workers, its office, phones, insurance, taxes, and pay for materials for the construction contract. The bigger the sub-contractor’s commitment to the construction project, the more devastating non-payment becomes to the sub-contractor’s business.
Finding A Criminal Defense Attorney in Florida
With more than eighty-six thousand attorneys licensed to practice law in Florida, finding the right criminal defense attorney in the Sunshine State can be daunting. If you've been accused of a crime and need a highly skilled attorney to come to your defense, here are two simple guidelines for finding the best Florida criminal defense attorney for your case.
Get a Referral
Begin your search for a criminal defense attorney licensed to practice law in Florida by doing one of two things: ask business colleagues or friends for referrals, or make use of lawyer referral services.
If the crime of which you are accused involves professional behavior (white collar crime) request a referral for legal counsel from a trusted business colleague. Representing a defendant against this type of charge takes special skills; the business community is often the best place to learn which attorneys are respected in this milieu.
In most criminal cases, an arrest has already taken place. If that's the case and you called upon your corporate attorney or a lawyer not skilled in criminal defense to arrange your release, ask them to suggest a firm specializing in criminal law.
For cases involving a specific industry, you could also ask the head of an industry organization what attorney provides their legal services. Whether you're in need of a Miami lawyer to defend you against embezzlement charges or a Fort Lauderdale attorney for your professional liability case, there are others in your industry who have faced the same situation. Take advantage of their experience to find the most qualified criminal defense attorney.
When unable to secure a referral from a colleague or friend, turn to organizations that make information about Florida attorneys available to the public. Examples of these are: the Florida Bar Association's Lawyer Referral Service, the lawyer search feature at Lawyers.com, and other Florida lawyer referral sites that verify the qualifications of attorneys they list.
Look for Experience
Speaking of qualifications, never assume that someone giving a referral has thoroughly vetted the recommended attorney. Do your own research. It's essential to have experienced representation when facing a criminal charge.
Call the attorney's office and ask them to describe their previous experience with similar cases. Has the lawyer been successful in criminal defense cases in Florida? Does he or she have experience with your industry and type of alleged crime?
Get a Referral
Begin your search for a criminal defense attorney licensed to practice law in Florida by doing one of two things: ask business colleagues or friends for referrals, or make use of lawyer referral services.
If the crime of which you are accused involves professional behavior (white collar crime) request a referral for legal counsel from a trusted business colleague. Representing a defendant against this type of charge takes special skills; the business community is often the best place to learn which attorneys are respected in this milieu.
In most criminal cases, an arrest has already taken place. If that's the case and you called upon your corporate attorney or a lawyer not skilled in criminal defense to arrange your release, ask them to suggest a firm specializing in criminal law.
For cases involving a specific industry, you could also ask the head of an industry organization what attorney provides their legal services. Whether you're in need of a Miami lawyer to defend you against embezzlement charges or a Fort Lauderdale attorney for your professional liability case, there are others in your industry who have faced the same situation. Take advantage of their experience to find the most qualified criminal defense attorney.
When unable to secure a referral from a colleague or friend, turn to organizations that make information about Florida attorneys available to the public. Examples of these are: the Florida Bar Association's Lawyer Referral Service, the lawyer search feature at Lawyers.com, and other Florida lawyer referral sites that verify the qualifications of attorneys they list.
Look for Experience
Speaking of qualifications, never assume that someone giving a referral has thoroughly vetted the recommended attorney. Do your own research. It's essential to have experienced representation when facing a criminal charge.
Call the attorney's office and ask them to describe their previous experience with similar cases. Has the lawyer been successful in criminal defense cases in Florida? Does he or she have experience with your industry and type of alleged crime?
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