Family Law

Going through a divorce can be challenging, emotionally draining, and time-consuming. However, before finally parting ways with your partner, there are certain legal requirements you must fulfill. An experienced attorney can help you satisfy them. The benefits of seeking legal help for the dissolution of a marriage include:

Dividing Assets in Divorce in Florida

Florida is considered a "no-fault" state when it comes to the dissolution of marriage actions. This means that neither party has to show fault in order to obtain a divorce. Previously, "at fault" states required there to be a reason other than "irreconcilable differences" to grant a party a divorce. When fault was demonstrated, it could also result in the at-fault" party receiving less than 50/50 for equitable distribution of the marital assets. Since Florida is a "no-fault" state, even if there is infidelity, Florida will operate under the laws of "equitable distribution," which means that property acquired during the marriage (up to the actual filing of a petition for dissolution of marriage) belongs to the marriage and both parties are equally entitled to a 50/50 split, regardless of the person who earned it. The same applies to dividing liabilities incurred during the marriage, regardless of which spouse incurred the debt. All assets and debts are equally divided unless there is justification for an unequal distribution.

Handling of Child Custody Issues

Most couples who seek marriage annulment have children. This makes divorce a real challenge because there are family laws that come into play specifically regarding child custody. In fact, reaching a mutual agreement on child custody is one of the most difficult decisions in a divorce settlement. However, a qualified and experienced lawyer would be able to help you navigate through child custody issues and minimize the impact of the divorce on your children. A lawyer can achieve this by taking complete control of all the legal issues and, therefore, allowing you time to focus on your children.

Property Division

Besides child custody, you also need legal advice and representation during property division. Whether you co-own large marital assets or share just a few household items, a lawyer will be of service. Among the most common items/properties that couples have to divide include vehicles, jewelry, insurance policies, investment accounts, real estate, furniture, and electronic appliances. It may not be easy to part with possessions that hold personal as well as sentimental value. By hiring a lawyer, you and your partner would be more likely to get an equitable distribution of shared assets.

Help with Child Support

After the dissolution of a marriage, the parties involved must agree on child support. Some of the factors that determine child support payments include earning potential, medical expenses, ages of the children, number of children, as well as education expenses. In addition, your spouse may require rehabilitative alimony to redevelop or acquire new skills through training or education. Durational alimony is another form of child support that is not permanent. Instead, you provide support whenever your spouse requires financial assistance for a certain period. With the help of an experienced attorney, you can reach an amicable agreement on alimony issues. Call 877-DAVE-LAW with any questions you have today!

Child support is handled in many different ways. Depending on the family or situation, each case varies. If you and your ex-partner or soon-to-be ex-partner have children together, one parent is going to have the child more than another, even if custody is split down the middle. One parent will be considered the primary caregiver, and this parent may choose to file for child support. Although this is not always required, it is in the best interest of the child and therefore is usually followed through with.

Child support is court-ordered payments, which in most cases are made by the part-time parent to the full-time parent. Whoever has the child more, receives child support from the other parent, to help with the costs of raising the child. Child support payments help the primary parent provide food, shelter, and other necessities to their child. Child support is not for the benefit of the parent, but for the benefit of the shared child.

The Importance of Hiring a Lawyer

Child support is calculated using the child support guidelines, which your lawyer can do for you if you choose to hire one.  If you’re wondering how does child support work in FL, the main thing to realize is that it can be a very complicated process and you may not be able to handle it on your own. It’s always in your best interest to have someone there who understands the process, and knows what you have to do to obtain child support.

Each case is different, and depending on the particular circumstances, it may be even more complex, for instance, if you need a paternity test done before filing for child support. You have enough to worry about, so by using the advice and experience of a professional family court attorney you will save yourself much time and effort.

Finding the Right Lawyer

Choosing the right lawyer is crucial. You could go your case alone, but you’re not giving yourself the best chances of success if you do it this way. You need a lawyer who has already dealt with many other cases just like yours and who understands what it takes to obtain a successful outcome. 

With David Brandwein by your side, you can get the child support you need. This family lawyer is skilled and experienced and can help you get what you deserve. You can trust him to help you obtain your child support and make it through this process as quickly and easily as possible. No matter what your particular situation, he can help. Going through a breakup, or divorce if you were married, is extremely difficult, and you could use the expertise of an attorney to help you through it. David Brandwein can help you in your case and get you the support that you and your child deserve. For a free consultation call (877)-DAVE-LAW or fill out the form below.

If you are a resident in Broward, Palm Beach, or Miami-Dade County, then you need to understand how matters pertaining to child custody and visitation rights in Florida are determined. Unlike other states within the United States, it is no longer business as usual for separating or divorcing couples in Florida. Over the recent past, family timesharing laws in Florida have undergone a major shift with laws that favored mothers as primary custodians becoming infrequent, and those favoring both parents as joint custodians becoming more popular.

While previous laws usually gave primary custody to the mother and visitation rights to the father, now both parents are presumed to share equal responsibility. Due to this shift in both parents' rights, separating or divorcing couples are also presumed to have equal timesharing rights as far as their children are concerned. While this may look easy on paper, the dilemma comes in arranging a visitation schedule that all parties will be happy with. This is where a lawyer comes in.

Within Broward County, there exist family lawyers like David Brandwein, P.A., who help couples with such issues. Since the law now presumes that each parent has an equal parenting right, any parent who fails to claim his or her timesharing rights will be found to have been in contempt of the law. Alternatively, parents who infringe on their ex-partner’s right to see and stay with their children will be found in contempt of the law. Lawyers like David ensure that no one will break those timesharing laws, thus avoiding the legal ramifications.

While child visitation rights do not necessarily mean dividing a couple’s children’s time down the middle in terms of which parent they will live with, it does mean that each parent should have a say on the major aspects of their lives. A timesharing agreement has to include the rights and responsibilities of each parent to decide their children’s future in terms of health, education, safety, welfare, and discipline among other things.

With a family lawyer's help, the parents' rights pertaining to minor children will be determined in court based on certain issues. These include the geographical feasibility of the parenting plan, the mental, physical, and moral fitness of both parents, what the child prefers, and the capacity of parents to put their children’s needs first. Also, the evidence of emotional, physical, sexual, and child abuse of either parent; the extent of involvement of both parents in their children’s lives, and the capability of both parents in meeting their children’s financial, and emotional needs among other things have to be considered. Lawyers are essential in arguing the timesharing case for both parents and helping each of them understand what the laws require of them.

Child visitation rights in Broward County and the rest of Florida are usually arranged based on a rotational method. This arrangement may be on a daily, weekly, biweekly, or seasonal basis. If you find yourself in a child custody or visitation situation, you should get advice from a top family lawyer in the county to ensure you get the best possible deal for your children and yourself. To get answers to your questions pertaining to family law, call the Law Offices David M. Brandwein, P.A. today at (877) DAVE-LAW or fill out the form at the bottom of the page.

Rights of the Mother

When a child is born during a marriage, the husband is presumed to be the father of the child. If the parents were never married, the mother has sole legal and physical custody until a court order says differently. An unmarried father has no legal rights to custody, visitation, or any information about the child. The mother can decide:

• Where they live (relocating)
• Which school the child attends
• Which doctors and insurance the child uses

When the presumed father of a child denies parentage, the mother may choose to file a paternity suit. The filing of the suit typically compels the individual to submit to a DNA test in order to make that determination and impacts child support and, depending on the circumstances, visitation rights. The presumptive father also may file suit if he would like to establish paternity that has been denied by the mother, as can a child, although these are much less common. Below are answers to some of the most frequently asked questions about paternity suits.

How is the father of a child legally determined?

Assuming that there is no agreement between the parents, either the mother, alleged father or even in some cases the child, can bring a paternity suit to identify the father of the child. Most paternity suits are filed to establish financial or moral responsibility, gain visitation rights or settle other issues in controversy between the parents.

If the circumstances warrant, a judge in a paternity suit will order a blood test from which DNA testing can conclusively determine whether the alleged father is the biological father of the child. After a determination is made, the judge can make a ruling on the issues outlined above, or the parties can come to a private agreement.

Is the biological father the only person who can be legally recognized as the father? 

The short answer is no, a man other than the biological father may be legally designated as the father of the child. But determining legal paternity can be a complicated problem without proper legal guidance. A paternity suit often involves heated arguments on both sides and the legal standard for paternity varies from state to state. While we'll cover the basics below, you should investigate your state's laws in order to make an informed determination about your situation.

There are several legal classifications of fathers, and once established, paternity is difficult to change and unless there is a private agreement between the father and mother to the contrary, fathers are obligated to pay child support.

1. Acknowledged Father
2. Presumed Father
3. Equitable Father
4. Unwed Father

If I legally establish that a man is my child's father, is he responsible for child support and how do I get it from him? 

If paternity is established by one of the methods above, the father is required to provide child support for the child. The father also gets visitation rights and can seek custody of the child.

Once paternity is established, if the father refuses to pay child support, or does not provide enough, he will be subject to enforcement measures. All states have child support or child welfare agencies which can track down "deadbeat dads" through a variety of methods, including social security numbers, employment records, DMV searches, etc. Courts can place liens on property, garnish wages and even imprison fathers who don't pay child support. You should explore all options through state and city agencies, or by contacting an attorney in your state who can do this as well as file a motion in court to compel the father to pay.

Get Professional Legal Help with Your Paternity Suit

Altering paternal rights, either acquiring them or having them stripped, can be a grueling and confusing process. Courts take the rights of parents very seriously, and changing paternal rights can impact a father's ability to make decisions for their child, impact their liability for child support, and create or eliminate inheritance rights. Attorney David Brandwein has over 20 years of experience in these matters.