Maybe that’s something you hadn’t thought about. Grandparents visitation.

Do Grandparents Have Rights to See Grandchildren If the Parents Don’t Want Them To? No matter how close grandparents are to their grandchildren, they rarely have a legal right to visitation or custody.

Effective July 1, 2015, Grandparent’s Rights in the State of Florida have changed. Before, a grandparent could petition for visitation rights if the parent’s marriage had been dissolved, a parent had deserted the child, or the child was born out of wedlock and the parents never married.

Can grandparents sue for visitation rights in Florida?
Grandparents can sue for visitation if the parents of their grandchild are deceased, missing or in a persistent vegetative state. … While in many states the 2000 Supreme Court case of Troxel v. Granville made visitation with grandchildren harder to obtain, in Florida this process was already well underway

Can a parent deny a grandparent visitation?
If a child’s parent or parents has denied or unreasonably restricted access to a grandparent, a court will presume that visitation is not in the child’s best interest.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

While parents are married, neither parent needs the other’s consent to take the children out of state.

However, if during the course of their divorce a temporary custody order has been put in place the mother may need the father’s or the court’s permission to leave the state with the child.

Typically, a parent can’t move a child to another county or state without prior approval from the court that issued the original custody order.

If no such orders exist, the father should petition the court for an order prohibiting the mother from leaving the state with the child. Based on the mother’s representations the order is needed to finalize the divorce in the state you currently live in. Because a divorce is already pending in that state, it is unlikely that another state’s court will have jurisdiction (authority) to start a new divorce and custody case.

You should contact an attorney who is licensed in your jurisdiction to further discuss the specifics of your situation

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Mediation is a good tool to reduce the costs of a divorce. Steve Hair is a proponent of Divorce Mediation “Pro Se” “No Lawyer Divorce”

Addiction is a terrible thing. Unless you have experienced it, it is almost impossible to understand. “Why don’t they just stop” you may ask yourself. There is a thing called the phenomenon of craving, which takes over an addicted person’s mind and is more powerful than a persons logic or will power.

No matter how much you love the person, there comes a time when you need to distance yourself for you own well being, and for certain, the well being of your children.

Filing for Divorce

Many states are no-fault divorce states, which means you cannot file a divorce because of a specific reason, like adultery or addiction. So, legally speaking, your spouse’s alcoholism or drug addiction will not play into your divorce. However, their addiction will undoubtedly affect the divorce process in other ways. Addicts often exhibit certain behaviors which can make them unreliable, unstable, and even dangerous.

If a person’s addiction can be proven, either through criminal records, drug tests, evidence of time in a rehab facility, or other means, the court may be hesitant to give the addict certain privileges. In order to determine how your case will play out, it’s important for you to work with an attorney who has experience working on other cases where addiction played a significant role.

How Addiction Will Impact Child Custody

When children are involved in the marriage, the court will likely take additional action to ensure that both parents are fit and able, especially if there are allegations of alcoholism or drug addiction on the table. Judges will consider the health and abilities of either parent when deciding what child custody arrangement is in the best interest of the child, and if one parent shows a past or current addiction, it will likely affect the custody arrangement.

A parent’s substance abuse habits can be held against them if it in any way affects their ability to care for their child. For example, someone battling a heroin addiction is likely not a good candidate for joint custody because their actions could endanger their child. However, the court is likely to offer alternative solutions to continue allowing the child to see both parents.

The court may consider the following alternatives:
•The addicted parent may be allowed visitation rights when he or she is sober.
•The addicted parent may only be allowed supervised visitation.
•The addicted parent could be required to submit to regular or random drug and alcohol screenings.
•All overnight visits might be off-limits for the addicted parent.
•The addicted parent could be required to go to a rehabilitation facility, Alcoholics Anonymous, or another type of help group.

In some cases, the court might even abolish a parent’s rights altogether. However, this usually only happens in extreme cases where the parent’s addiction has caused the child harm, or the parent has been unable to follow the rules previously set forth by the court.

How Addiction Could Affect Property Division and Spousal Support

Divorcing an addict could lead to several other challenges, including those affecting property division and spousal support.

In Washington, the court will aim to divide all assets equally and fairly, but if one spouse has squandered the marital funds to support their addiction, they could be penalized when the property is divided. The same can be said of alimony. The court may award the sober spouse more spousal support if the addicted spouse spent an unfair share of the marital assets. However, this could be reversed if the addict’s problem is connected to a health issue. For example, if your spouse’s addiction is connected to a mental health issue, they may require financial support to help with treatment during and after the divorce.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

When people file for divorce, they need to establish a child custody arrangement to reflect their parenting decisions. Some parents may be able to work out a plan among themselves, but many parents require additional intervention from the court. Whether you are going through a divorce or not, you will need to establish a legally binding custody arrangement for the benefit of both you and your child. If you need to go through the family law court to determine child custody, rather than through negotiation or mediation, you are putting these decisions into the hands of a judge.

Before you go to court, find out how courts determine who gets child custody.

Different Custody Options

A child custody arrangement is referred to as a parenting plan. Custody will be awarded in one of several different ways, depending on the needs of the child and the parenting abilities of both parties. In most cases, the court will choose to award both parents shared custody, which means they will share parenting responsibilities in one way or another. However, the court may sometimes decide to award one parent primary custody. When one parent is granted primary custody, the other parent will be granted visitation rights, unless extreme circumstances give the court reason to forbid any contact.

Factors the Court Will Consider

Any custody issue brought to the court will be handled by a family law judge, who will aim to find a parenting plan that works in the best interest of the child.

In order to determine the child’s best interest, the judge will consider several different factors, including:
•The child’s relationship with each parent
•The child’s relationship with their siblings or other individuals in each parent’s household
•The child’s involvement in their community
•Which parent has acted as the child’s primary caretaker in the past
•Each parent’s physical, emotional, and mental health
•Each parent’s ability to care for their child

When the court looks at each parent’s ability to care for the child, they will consider the parents’ work schedules, locations, lifestyle, home stability, and any history of domestic violence or abuse. The court will also consider the child’s wishes regarding the parenting plan if that child is considered mature enough to make a decision.

Although these facts can help prepare you for the child custody system, it is important to understand that each custody case is unique and may differ. If you are going through a divorce with children, separating from your child’s parent, or modifying an existing parenting plan, it is crucial that you discuss your situation with an experienced child custody attorney for advice particular to your case.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Co-parenting can be difficult, and personal issues of the relationship can add to the hostility. So if is important to focus on avoiding conflicts, and making the situation as pleasant as possible.

Get ahead of your anticipated disputes by designing, implementing, and complying with a detailed and customized Parenting Plan (easier said than done, right?) This document is your roadmap, and provides all parents (biological and step parents) the specific terms and conditions under which they are to operate, leaving no room for “innocent” confusion or misunderstanding.

Set expectations relating to school work. Who will be responsible for making sure that classroom assignments are properly completed and handed-in? Who is available to work on research projects that span across multiple weeks? Perhaps design this by subject matter (Mom helps with Math, Dad helps with English). Or maybe Mom will work with one child, while Dad works with the other. There is no “correct” answer but a well-designed Parenting Plan identifies roles and responsibilities so that academic performances don’t suffer.

Discuss what you are willing (or, aren’t willing) to agree to relating to after-school activities and sports. And please, DO NOT engage your child(ren) in the discussion until after you’ve fully discussed it with the other co-parents involved. Consider the necessary logistics of your child’s participation in after-school activities or sports before making any promises that may or may not be able to be fulfilled. Will this unduly burden one parent, negatively affect time-sharing or prevent adequate time for homework? Are there safety and/or financial considerations?

Fourth, think about how you want to present yourself to your children’s teachers and coaches. Do you want to be the bitter, hateful parent, who seethes at even the mention of the other parent’s name? Do you want to manipulate situations to keep the other parent(s) away from school activities (and in doing so, alienating the child from his/her parent?) Or, do you want to present yourself as cooperative, inclusive, and genuinely more interested in your child’s well-being than in your own emotional turmoils? Participating in Parent-Teacher Conferences is an important element of parenting, and should be shared among all parents willing to be involved. Remember that the purpose of these meetings is for the benefit of your child. In order to avoid awkward, uncomfortable scenes, plan ahead: Perhaps Mom will go to all meetings relating to her son, and Dad will go to all meetings relating to his daughter. Perhaps they will go to all meetings together. Discuss stepparent involvement. Agree to an arrangement so that there are no surprises or uncomfortable moments.

Spend less time fighting the evolution and focus on your family successfully transitioning into a healthy, loving environment.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Prenups are a sensitive subject. There is of course the traditional argument that “if you really love me, you won’t ask for a prenup”. Then we all know what happens when things change.

A valuable benefit of a prenup is that it protects the parties’ assets, including businesses and business interests, and helps to establish how the economic side of the relationship will work moving forward. With the increase in start-up businesses by Millennials, a prenup can afford protection to the business owner and also provide for the non-owner if the couple so chooses.

Marrying Later in Life than Previous Generations:

Chasing career dreams and ambitions can take time, and many Millennials are putting marriage to the side until they’ve achieved certain goals. Couples that marry later in life have often amassed a larger amount of assets (and debts) than if they had married at a younger age.  In the same way that prenups can protect the parties’ assets, these contracts can also provide protection from debt. It is smart to become informed about how marriage may impact assets, income and debt. This can be done with an experienced family law attorney. Then an informed decision can be made about whether or not to proceed with a prenup.

Increased Student Loan Debt:

Another reason couples sign a prenup is to provide certainty with respect to debt acquired before the marriage. The prenup can also address debt acquired after the marriage date.  (For example, the parties may want to require mutual agreement on debt in excess of a certain amount or how payments towards a pre-existing separate property mortgage will be addressed.)  The PEW Research Center found that Millennials are actually the “most educated” generation to date. Millennials, as a whole, have viewed an undergraduate college and graduate school education as necessary, and have taken on much more debt than previous generations in order to get it. When coupled with any other outstanding debt (credit cards, car/home loans, etc.), it makes sense that Millennials would want to enter into a prenup to ensure that the financial responsibilities will be divided fairly in the household.  The financial disclosure included in prenup negotiations sets the state for clear expectations about how finances will work during the marriage.

Certain myths about prenups are not considered valid by Millenials (and others!)  There is no longer a stigma attached to wanting a prenup and the document is positively viewed as bringing certainty and security to the economic side of the relationship. Open and honest conversations about how things will work during the marriage are viewed as a platform for establishing good communication and trust.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Many people are not aware of of the concept of “temporary orders” and get a real shock when their lawyer explains what’s about to happen to them.

Divorce can affect the whole family. This is particularly true if you have children. One requirement of divorce is figuring out who gets custody of the kids, and when. Negotiating custody can take time. What happens during the process of divorce itself? Which parent will the kids stay with while the details of the divorce are being finalized? The answer will depend on you and your spouse.

Negotiate Temporary Custody Terms Yourself

Some divorces are amicable. This simply means that you and your spouse can see eye-to-eye on most things in the divorce. While you may have some disagreements about alimony, child support, or property division, you tend to approach things with an even head. You are able to find mutually-agreeable solutions to problems you encounter. You’re both working together to make the divorce process as simple as possible.

If you find yourself in this situation, you and your spouse should try to agree on a temporary custody arrangement. If you have a permanent agreement in place, your temporary arrangement could simply follow those terms. The best thing to do is to find a schedule that works for your kids.

When crafting a temporary custody arrangement for your divorce, consider:
•Which parent’s home is near the children’s school
•Which parent will be available to spend the most time with the kids
•Which parent will be available to drive the children to their various activities, and
•The children’s preference.

Agreeing on a custody arrangement during your divorce can help protect your kids from the negative aspects of your split.

Request a Temporary Custody Court Order

Other times, you may find that your spouse fights you at every step of the way in your divorce. They refuse to agree on any terms you present and make it difficult to get anything accomplished. When it comes to the kids, they may be adamant about having custody now and into the future. If you want to share custody, or believe your children may be endangered by the other parent, you can ask the court to step in.

In order to get the court to help you’ll have to file a Request for Order. This request will basically ask the court to issue a temporary custody order. The order will only last for the duration of your divorce. Once the divorce is finalized, the terms of your permanent child custody agreement will go into effect.

In this Request for Order, you must include:
•An explanation of the type of order you’d like the court to issue;
•A request for a specific type of custody (e.g., joint, sole), and
•Declaration and evidence supporting your request.

Your spouse will have the opportunity to formally respond to your request with a declaration of their own. After a judge reviews relevant documents, he or she will set two different dates: mediation and court.

Mediation: You’ll be required to attempt to resolve your custody dispute with the help of a mediator before going to court. The mediator will speak with you and your spouse separately and try to move you in a positive direction. The goal of mediation is to find a temporary custody arrangement that you can both live with.

Court: If mediation is unsuccessful, you’ll have the opportunity to present your case to a judge. The judge will likely be unhappy that you were unable to resolve the issue in mediation. He or she will issue an order that serves the children’s best interests. Remember, this order will only be temporary.

Get Help Negotiating Child Custody During Your Divorce

It’s important to make sure that your child’s best interests are considered when you get a divorce. This includes the living arrangement for however long it takes to finalize your split. Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

OK, so you knew it was coming. They made same sex marriage legal, so it was only a matter of time until we got same sex divorce. Same-sex divorce poses complications for some splitting couples. Refer CNBC Nov 10, 2017

•The legal date of a same-sex marriage might not accurately reflect how long the relationship has lasted.
•In some cases, parental rights are not clear-cut.
•Mediation, which tends to be less costly and more flexible, can be a better option than litigating a divorce.
Two years after the U.S. Supreme Court leagalized same-sex marriages, some couples who decide to call it quits are discovering that getting married was the easy part.

From divvying up assets to asserting parental rights, the details of divorce that can be more clear-cut with heterosexual marriages are creating complications for same-sex couples.

“The reality for many same-sex couples who are divorcing is that they had relationships in place prior to the marriage — some for many, many years,” said Joyce Kauffman, principal of Kauffman Law & Mediation in Roslindale, Massachusetts. “The courts have broad discretion in these matters, and that discretion can go in your favor or not.”

The 2015 decision in Obergefell v. Hodges meant that all 50 states — 13 of which still banned same-sex marriages — would be required to allow gay and lesbian couples to marry within their own borders and acknowledge marriages that originated in other states.

The landmark ruling also delivered marital legal protections afforded to heterosexual marriages, including rights related to medical decisions, certain tax benefits and access to employee benefits.

Divorce is more complicated. There are federal regulations that play a role, most of which are tax-related — i.e., the current deductibility of alimony payments and the untaxed transfer of certain retirement assets. But much of how divorce is handled happens at the state level.

The biggest sticking point often relates to when the marriage began, which can dictate how assets are divided and whether a spouse receives alimony (also known as spousal support). Generally, the longer any marriage has lasted, the more weight it carries when judges are determining how to award a lower-earning or no-earning spouse a percentage of assets and/or alimony.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Most people are not aware that they have some choices when it comes to divorce. You probably think you just call your lawyer, and off you go. But if you are facing the prospect of divorce, be aware that there are some options.

Option #1 – The Attorney-driven Divorce. Hiring an attorney is your best option if you need legal protection from your spouse or if your spouse has already retained a lawyer. If you are unaware of what the marital assets are or how much your spouse earns a divorce attorney can investigate all of these details. Additionally, if you feel intimidated as the result of domestic violence or coercion, negotiating without a divorce lawyer is often a bad idea. You can find a lawyer through the Florida Bar’s Lawyer Referral Service –> Click Here.

If you and your spouse hire traditional attorneys, your attorneys will engage in a discovery process designed to gather information about you, your spouse, and your finances.  After discovery is complete you will likely attend mediation with a mediator selected by your attorneys.  If you choose Collaborative Attorneys you, your spouse, and your attorneys will participate in a series of negations with the Collaborative team and reach a final settlement before any paperwork is filed with the court.

Whether you hire traditional or collaborative attorneys, the chances are that your divorce will be settled using mediation or some form of negotiation.  In Florida, only about 3% of divorce cases actually go to trial.

Option #2 – DIY Divorce. If your situation is uncomplicated, you may want to fill-in all of the forms you will need for your divorce and file them with the court on your own. All of the forms are available on-line, for free, at the Florida Supreme Court’s website. (Start by finding the petition that works for you (Form 12.901). The instructions for Form 12.901 will outline which other forms you will need. Alternatively, you can buy a form packet at the local courthouse. This packet will include all of the forms you need. And, many local courthouses provide self-help assistance.

If you go the DIY divorce route, and file paperwork on your own, the court will typically send you to a court-annexed mediation program where you can resolve any remaining issues.

Option#3 – Friendly Divorce Mediation (Often called Pro-Se/Pre-Suit Mediation). The third option involves the hiring of a mediator – before attorneys are retained or any documents are filed. This option is often chosen by couples that want to save time/money and side-step the negative nature of an attorney-driven divorce but still believe that they need the assistance of a knowledgeable professional. This process is called Pro-se/Pre-suit Divorce Mediation. (Pro-se means self-represented or unrepresented (in essence, without lawyers) and Pre-suit means before a law suit has been filed.) Mediators that offer Pro-se/Pre-suit mediation are trained to guide divorcing couples towards agreement, an uncontested divorce, and a friendlier future. Steve Hair offers Pro-se/Pre-suit divorce mediation and document preparation services.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.