Family Law attorneys

Issues in Divorce

In a divorce the major issues are time sharing with the children, child support, division of marital property and debts and alimony. These issues can be settled between the parties or if the parties cannot agree to some or all of the issues, the Court will make a final decision.

Contested or Uncontested?

Dissolution of marriage can be contested or uncontested. Divorce is a complex area of Florida law and you should always have the help of an experienced and aggressive divorce attorney at every step in the process.

Served with Divorce Papers?

If you have been served with divorce papers, it is vital that you hire a lawyer immediately.

YOU ONLY HAVE 20 DAYS TO ANSWER THE COURT PAPERS AFTER SERVICE! DO NOT DELAY!  

Issues in Paternity

Paternity case involve setting  time sharing and support for children of unmaried parents. The same timeharing and support rules apply as a divorce case.

Contested or Uncontested?

Just like divorce, paternity cases are controlled by a complex area of Florida law. Before you agree to a settlement you should always have the help of an experienced and aggressive paternity attorney at every step in the process.

Served with Paternity Papers?

If you have been served with paternity papers, it is vital that you hire a lawyer who knows paternity law immediately.

YOU ONLY HAVE 20 DAYS TO ANSWER THE COURT PAPERS AFTER SERVICE! DO NOT DELAY!  

Grandparents’ Rights

Grandparents have very limited rights in Florida. Those rights are subject to the rights of the natural parents. A skilled family law attorney can protect these limited rights of grandparents.

Temporary Custody

Grandparents and other close family members can be awarded temporary custody of minor children if the birth parents consent. This procedure allows the grandparents a type of temporary  cutody rights not normally available.

Shelter or Foster Care

Sometimes the child protective agencies will place minor children with the grandparents or other close family members in cases of child neglect or abuse. This may lead to an adoption of the children by the grandparents.

Guardianship of Minors

Grandparents can be given legal guardianship of minor grandchildren in certain cases where the birth parents consent to the appointment or where the birth parents are absent from the child’s life.

Domestic Violence Cases

Law enforcement and the courts take allegations of domestic violence seriously.  Domestic violence charges can have a substantial influence on the issues in a pending divorce or paternity case.

Injunctions for Protection

If someone is in imminent danger of violence the court clerk’s office will help file the case. No attorney is required for the filing or defending party. Yet, a party who does not have legal representation will be at a distinct disadvantage at the hearing before the court.

Serious Penalties for Domestic Violence

A domestic violence injunction prohibits the person enjoined from contacting the protected party. The abuser is ordered to turn over all firearms to the Sheriff. The order may also give the complaining party exclusive possession of the parties’ usual residence and even order temporary child custody and support. If the injunction is violated it can mean jail time. 

Stepparent Adoptions

A stepparent may adopt the other spouse’s child with the consent of the other birth parent. The child’s consent is needed if the child to be adopted is 12 years old. A close relative, such as a grandparent, may adopt a minor child with the consent of the birth parents.

Contested Adoptions

If the other birth parent will not consent to the adoption, the adoption may still be granted. The Court can terminate the non-consenting parents’ parental rights if that parent has abandoned the child financially or emotionally. The objecting birth parent is entitled to notice of the case and to participate in the case with or without a lawyer. The Judge will then decide whether there has been abandonement and, if so, whether the adoption by the stepparent is in the best interest of the child.

Relocation of Minor Children

Florida law requires the consent of both parents to relocate the residence of a minor child beyond 50 miles from the current home.

Contested Relocations

If the other parent will not consent to the relocation, the relocating parent must file a petition with the court seeking approval of the move.  

Burden of Proof

The relocating parent must show that the move will enhance the life of the chld through better financial, ecucational and cultural opportunities. An experienced family law attorney like Johnnie Byrd or David Barnhill is necessary whether a party is objecting or requesting the move.