The first thing any grandparent needs to do when they want to file for custody of their grandchildren is to hire a family attorney. The legal rights for grandparents can be confusing, and getting custody or visitation rights with your grandchildren requires extensive knowledge of Florida family law. We’ll walk you through everything you need to know about navigating grandparent guardianship in Florida.
Florida awards grandparents custodial rights in the form of temporary custody when it has been determined that the parents are unable to adequately provide for their children. This is a short-term solution until the parents are able to resume their role as the primary caretaker. Grandparents will be provided legal documents to prove they are able to make decisions regarding the child’s health and wellness during this time.
The holidays can be an emotional time for any family, but divorce tends to make things particularly difficult. Even if you and your ex ended on good terms, it’s not uncommon for the holiday season to cause tension where there normally isn’t any.
Otherwise reasonable parents often stray from their agreed upon parenting plans this time of year so they can get more time with their children. It is not okay, but it happens more often than people might expect. If you find that your ex is being unfair with time sharing over the holidays, follow this step-by-step guide on how to handle the situation.
Navigating the Florida legal system can be scary, especially when you’re dealing with a family emergency. The most common form of emergency family court hearing in Florida is over the custody of a child. We’ve laid out a simple guide that will help you navigate the complicated legal process required for acquiring custody of a child in Florida.
According to Florida law, no child custody agreement is ever set in stone. Whether you have majority time-sharing (sole custody) or equal time-sharing (joint custody), custody agreements can always be changed in court. Sometimes, things aren’t as easy as a simple agreement to change the amount of time each parent has with the child. When the safety of the child becomes an issue, an emergency motion to modify child custody is likely the smartest option.
The state of Florida no longer assigns primary or secondary custody; instead, time is usually split 50/50. If the parents cannot agree or the courts find that equal time sharing is not in the child’s best interest, one parent may be granted custody for the majority of the time.
During a divorce, parents will need to come to an agreement regarding time sharing and decision making. This is called a parenting plan and must still be submitted in writing for official approval from the court.
Creating a parenting plan and time-sharing schedule that both parents agree on can be challenging. If parents cannot come to an agreement, the matter can be taken to court to be resolved. While in court, accusations of substance abuse may be brought up. Often, these allegations are made in an attempt to sway a judge’s ruling in the accuser’s favor.
Whether it’s ultimately founded or fabricated, the state of Florida court system will take the accusation seriously to make sure that no children are being put into a potentially unsafe situation.
One of the most stressful aspects of a separation or divorce is how it affects children. The state of Florida always encourages parents to put aside any differences and do what is best for the child. As parents, there can be a lot of questions and concerns that arise regarding your children.
At LaFrance Law, we have been helping families develop and execute effective child custody agreements for over 20 years. To help you navigate the regulations set by the state of Florida here are some of the most common questions we hear.
No matter the circumstances, having a parent pass away is an emotionally challenging time for the whole family. Even if a couple is separated or divorced, the challenges after a family member passes can be extremely painful. Children of divorced parents can have a particularly difficult time coping when one of them passes away.
Regardless of what your feelings toward your ex were, it’s important to be supportive of children who are experiencing extreme emotions after the death of their parent. In order to offer the best emotional support for your family, it’s important to know the logistics of what happens after a parent dies. We’ve compiled a list of the most important things to know to get you started.