Florida Legal Blog2020-02-04T00:03:21+00:00

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Child Custody Interference

Divorce proceedings are usually emotional for the parties involved. It is not easy for a couple who at one point was in love with each other to come to terms that their marriage may be over. This is tough when the marriage ends amicably but becomes even more difficult when there is jealousy or hurt feelings involved. Add to the mix of child custody issues, it might lead one parent to act in an irrational behavior such as kidnapping their child so as not to lose custodial rights. In this article, we will discuss what can happen if child custody [...]

September 21st, 2021|Categories: Florida Legal Blog|

Prohibiting Seclusion In Public Schools

In the United States, students with disabilities are entitled to special accommodations at public schools to assist them with their development. In some cases, schools will mainstream many of these students into the general student body. On the other hand, there are students keep in specialized classes suited to meet their physical, mental, and emotional needs. A challenge that many of these schools have is deciding the best form of discipline for many of these students. One controversial form of punishment that many educators in the State of Florida implemented in the past was something called seclusion. On June 21, [...]

September 14th, 2021|Categories: Florida Legal Blog|

Federal Versus State Rights On Special Education

Access to primary public education is a right that has been enshrined in both federal and state law. The right is not dependent on whether a child has certain physical or mental abilities. When a child has certain limitations and qualifies for special education, this entitles them to additional rights and privileges to ensure the school is meeting their academic needs. In this article, we look into the law that grants these rights and compare the federal versus state laws. What Is The Individuals With Disabilities Act (IDEA)? The Individuals With Disabilities Act (IDEA) mandates certain minim standards that the [...]

September 8th, 2021|Categories: Florida Legal Blog|

Age Of Majority for Special Needs Individuals

Having children brings little celebrations that parents get to look forward to. However, for parents of special needs children, some milestones can be fraught with fear and uncertainty. One such milestone is when the child reaches the age of majority. In this article, we will discuss some issues a parent should consider as their special needs child reaches the age of majority. What Is The Age Of the Majority? The age of majority is the age that the government deems a person capable of understanding the consequences of their actions. In other words, legal adulthood. In every state in the [...]

August 27th, 2021|Categories: Florida Legal Blog|

Relocating As A Shared Custodial Parent

Divorce is often emotional and can lead to hard feelings between former spouses. Involving children only makes the situation more complicated. Ideally, the parents can put their differences to the side for the best interest of the child. In some cases, the resentment is so strong that the only resolution is to place physical distance between the ex-spouses. This can be complicated where children are involved, and both parents have been granted rights to the children. In this article, we will discuss relocating when you share custody with your ex-spouse. Florida Relocation Statute You can find Florida's relocation law in [...]

August 20th, 2021|Categories: Florida Legal Blog|

Special Needs Trust & Other Options

Having a child is a blessing but can also be a burden to worry about their future. That worry only increases if your child has special needs. Although there have been many advancements in therapy to help not just an individual with special needs but also the family, there is no denying the financial impact it will have on a family's budget. If it is not enough to worry about caring for a child with special needs while the parent is young and capable of working, there is always a concern as to how to take care of the child [...]

August 13th, 2021|Categories: Florida Legal Blog|

Not Paying Child Support? What Might Happen

Whether a divorce is amicable or highly contested, if the couple has children, then the court needs to decide the issue of child support. Ideally, the parent who is responsible for child support to the other parent can fulfill their obligations without any issues. Sometimes, however, the parent responsible for paying child support either refuses or can no longer pay. In this article, we will discuss what might happen to you if you're not paying child support. Valid Child Support Order For one parent to force child support payments in Florida, they must have a valid child support order. It [...]

July 30th, 2021|Categories: Florida Legal Blog|

Florida’s Law About Transgender Students

There has been a lot of news lately about Florida's new law about transgender students and its impact on students in middle and high school and on the collegiate level. Unfortunately, there seems to be a lot of misinformation out there regarding what the bill does and does not do. This article will attempt to explain what Florida's new law about transgender students does and how it may impact your child. What Is The Law Called? The law us called the "Fairness in Women's Sports Act." What Does The Law Do? The law requires students to play on the sports [...]

July 16th, 2021|Categories: Florida Legal Blog|

Can My Divorce Impact my Business?

As we have written about many times, divorce is a very emotional process. It can also be complex depending on the marital assets involved. One question that people often ask us is whether or not their former spouse can receive any portion of their business due to a divorce. Although the answer is not clear cut, in this article, we will discuss how a divorce might impact your business. This includes under what circumstances the courts can distribute a business due to a divorce. Marital Property Versus Separate Property In distributing assets between a divorcing couple, the courts will look [...]

July 9th, 2021|Categories: Florida Legal Blog|

Same-Sex Couples Divorce Process

On June 26, 2015, the United States Supreme Court, in its landmark ruling in Obergefell v. Hodges, legalized same-sex marriage under the Due Process Clause and Equal Protection Clause of the United States Constitution. This landmark case gave same-sex couples the same rights as heterosexuals to marry and start families. However, it also gave rise to another issue: how to handle divorce and child custody cases of LGBTQ+ couples. In this article, we will discuss topics pertaining to what happens when same-sex couples divorce. What is Obergefell v. Hodges? Obergefell v. Hodges is a civil rights case decided by the [...]

June 27th, 2021|Categories: Florida Legal Blog|

Social Media And The Law: What You Need To Know

Facebook, Twitter, and Instagram are just a few of the social media websites that businesses and people use daily. There is no denying that the internet revolution has given birth to the social media revolution. Many people mistakenly believe that what they post on the internet is anonymous. This is not true. In this article, we will talk about the legal issues of social media that can impact a business. What is Social Media Law? Social media law is the law that governs what users share on social platforms. Since these platforms are private entities, the free speech portion of [...]

June 20th, 2021|Categories: Florida Legal Blog|

Handling Visitation Rights Responsibly

Although divorce can be an amicable process between spouses, sometimes the proceedings are considered ugly or messy. There is so much anger, hatred, and distrust between two people that the divorce becomes contentious, and every issue becomes a fight. If there are children involved, the court will have to determine what to do concerning custody and visitation rights. Regardless of whether divorce was amicable or contentious, there are certain behaviors a parent should try to abide by concerning visitations with their children. In this article, we will discuss how to handle visitation rights responsibly. What not to do During a [...]

June 13th, 2021|Categories: Florida Legal Blog|

Refusing To Pay Alimony: What Will Happen?

One of the rewards given to a former spouse in a divorce proceeding is alimony. Although courts aim for equity, there are times when one ex is refusing to pay alimony to their former spouse. In this article, we will talk about what will happen if a person refuses or stops paying alimony. What Is Alimony? Alimony is the payment the court orders one former spouse to pay another former spouse. Alimony's purpose is to ensure that the former spouse has financial support that enables them to move on after divorce. There are multiple types of alimony in Florida.  They [...]

May 28th, 2021|Categories: Florida Legal Blog|

How Adultery Impacts Alimony Awards

Most couples expect that their marriage will last. It is not likely that a couple expects to get a divorce, let alone have one spouse cheat on the other. Divorce, which is already contentious between two spouses, might be worse if adultery is a factor. In this article, we will discuss how adultery may impact alimony awards in a divorce between two people. What is Alimony? As mentioned in our previous article, alimony is the payment the court orders one former spouse to pay another former spouse.  The purpose of alimony is to ensure that the former spouse will still [...]

May 14th, 2021|Categories: Florida Legal Blog|

Pandemic Impact on Special Needs Students

For the last year, the education system in our country has undergone a massive shift. Out of necessity, many schools across the country shut down for a time. Some still have no reopened for in person education. An entire school year was effectively lost due to trial and error while school systems figured out remote learning. Families have struggled to find techniques to work with the “new normal” while providing a decent education for their children. One aspect that many have overlooked is special education. There are many students enrolled in these programs across the nation that have struggled intensely. [...]

April 23rd, 2021|Categories: Florida Legal Blog|

Business Lien: Is That a Thing?

When you first start your own business, you have fantasies of how great business will be. You daydream about the possibilities and the successes. One thing new business owners often overlook is the possibility of getting a bad deal or into a contract dispute. However, these little things, or not so little things, add up quickly. As a result, they leave you and your business struggling financially. These struggles may lead to a business lien. Join us for some basic information about a business lien, including what it is and the types of liens. What is a Business Lien? In [...]

April 2nd, 2021|Categories: Florida Legal Blog|

What to Include in a Severance Package

It is an unfortunate fact of business ownership and management that eventually you will have to terminate someone’s employment with your company. Whatever the reason for the termination, you will need to consider what to offer to your employee as they transition out of your business and into their next venture. This means that you will need to negotiate a fair severance package for your employee. What “fair” entails will be determined by you, your financial advisor, your attorney, and your employee. With more and more business struggling to stay afloat in the era of COVID-19, this is something you [...]

March 26th, 2021|Categories: Florida Legal Blog|

Interviewing Potential Employees: Top Questions To Ask

Interviewing potential employees is an essential function of any business. One of the most important things you can do to prepare for a job interview is to pick and choose questions that help you to understand the mindset of the person being interviewed. However, this can be somewhat tricky. You have to read between the lines of some answers or ask questions that are very pointed. Your business attorney can help you to find questions that will expose the answers you are looking for without crossing any boundaries. Included below are some helpful questions for interviewing potential employees to guide [...]

March 19th, 2021|Categories: Florida Legal Blog|

Property Transfer After a Divorce

If you find yourself contemplating a divorce or currently entrenched in the divorce process, you may be wondering what happens when it comes time for the property transfer. After all, that property comes with a significant contract and a hefty price tag, not to mention the tax implications. So, what is the best way to remove the former spouse’s name from the deed? And when should it be completed? No matter which party is keeping the property, these questions and more should be something you discuss with your divorce attorney as soon as possible. Tax Implications As a general rule, [...]

March 12th, 2021|Categories: Florida Legal Blog|

Debunking Divorce Myths

When it comes to divorce, everyone has their own ideas about what happens and what it means for those involved. Some of these notions may be correct, others may not be. This leads to many divorce myths. We are here to set the record straight on some of the more common divorce myths and partial truths. Spousal Support Is Only For Women While this may have once been the case, it is no longer so cut and dry. Spousal support is meant to ensure that both members of the relationship are able to establish themselves in their new lives outside [...]

March 5th, 2021|Categories: Florida Legal Blog|

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