It seems that there are always an increase in the number of divorces filed right after the first of the year. Apparently the New Years resolutions frequently involve getting out of an unpleasant situation. Also, apparently  affairs are often discovered around the holidays. It also appears that the holidays create a lot of pressures at the end of the year that combine to put stress on people in unhappy or weak relationships. Family, financial woes, etc. associated with the holidays add to the stress. Turning over a new leaf to start over and improve ones life was another reason given. This seems to be a logical explanation for a clearly difficult and perhaps heart wrenching decision.

People with children often want to wait until after the holidays for the sake of the children. There is also the hope, perhaps overly optimistic, that the divorce will be completed by the beginning of the next school year. These people tend to be in the “improving ones life” camp.

So as divorce lawyers, we hope to avoid or at least resolve in advance the holiday visitation disputes that inevitably crop up, then relax and enjoy the holiday as we await the busy season to begin.

In the last several years, the phenomena started early for us and many other attorneys. We were contacted by more people in December in the last few years than in any years in recent memory. In some recent years, the calls started in November at a pace more robust than in prior years. Moreover, we have heard of more people telling their spouse it “is over” before the holidays this year. I suspect that in some, it was the discovery/disclosure of a new significant other or perhaps pressure being exerted by that person that was the cause. In other cases, the person just didn’t want to wait until the new year to advise their spouse.

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 going through a divorce, child custody is usually one of the most significant and most hotly contested issues. And it is difficult enough when the parents are married, but what about when they are not married?

If you are trying to figure out what will happen to your child custody arrangement after a break-up, make sure you know which factors the court considers before making any custody orders.

Establishing Parental Rights

For married parents, determining parental rights is usually very straightforward, but when a child’s parents are unmarried, it can be much more difficult to determine parental rights. And, in order to obtain any type of custodial rights, you must first establish that you have parental rights to the child in question. In Washington, as in most states, unmarried fathers must establish paternity in order to receive acknowledgment as the child’s legal parent.

Without establishing paternity, an unmarried father will not automatically receive parental rights, even if he is the child’s biological father and has assumed a paternal role in the child’s life. A biological mother, on the other hand, is automatically granted parental rights. Likewise, if a married woman gives birth, her husband is presumed to be the father and he receives parental rights automatically.

In order to establish parental rights, an unmarried father must sign an acknowledgment of paternity, along with the child’s mother. Or, if the child’s mother will not sign the acknowledgement, the father can file a petition to establish parentage through the court, which usually involves genetic testing to confirm the paternity.

Once a father obtains paternal rights, he has the right to pursue custody in the same way a mother would. Both mothers and fathers have equal rights to child custody.

How is Child Custody Determined?

Child custody is determined on a case-by-case basis, which means there is no standard arrangement that all unmarried couples use when they break up. Parents have the option of settling a parenting plan through mediation or outside of court, but if they are not able to reach an agreement on their own, they will have to bring their case before a judge.

In court, the judge will consider the following factors before determining child custody:
•The child’s relationship with each parent
•Each parent’s health and ability to care for the child
•The child’s relationship with each parent’s community, household, and other family members
•If one parent acted as the child’s primary caregiver in the past
•The child’s wishes, if the child is deemed mature enough to express an opinion
•Any history of domestic violence or abuse

What Are Our Custody Options?

Depending on each of these factors, the judge may decide to grant joint or sole custody. In a joint custody arrangement, the parents will share parenting time somewhat equally. If one parent is granted sole custody, the other parent will be scheduled specific visitation time with the child on a regular basis. In rare cases, usually when child abuse has occurred, the court may grant one parent sole custody without allowing the other parent any visitation rights, or only supervised visits with a social worker present.

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.

The number one most significant issue in a divorce is child custody. This is an area where your divorce attorney can be of major importance. While some spouses file for sole custody in divorce, others settle for joint custody. Today, most courts hesitate to grant sole custody unless absolutely necessary. They have discovered that the resulting limited involvement of other parent is detrimental to the children. If it must grant sole custody to one parent, a court typically awards generous visitation rights to the other parent. However, when a party is not granted joint custody during divorce, there are significant decisions that will only be made by one parent, and this can result in the noncustodial parent not being able to have input on things such as education and doctors visits.

Joint Custody During Divorce

With joint custody in divorce, both parents are provided the right to see their children. Courts usually grant this child custody arrangement once the parents begin living separately even if the divorce has not been finalized. A judge may order joint physical custody, joint legal custody, or both. Legal custody provides the parent with the right to make decisions regarding the lives of the children.

The decision to award joint physical or legal custody depends upon several factors including housing needs of the children and work schedules of the parents. Parents who are focused on getting joint custody should consult with an attorney to determine the best way to go about this. A divorce attorney can help a client win child custody during divorce by positioning him or herself as a suitable caregiver for the children.

Divorcing parents who wish to avoid the fight that takes place in the court system can have an attorney help them draft a parenting agreement. In fact, most child custody cases are settled before court intervention is required. The parenting agreement finalizes custody decisions in written form and is usually presented to a family court judge for final approval. A child custody agreement may be considered part of the divorce, in which case it will be filed with the same court that received the divorce petition.

After the judge approves the parenting agreement, the document becomes binding and the parents must comply with the stated rights and obligations. If one parent violates this agreement, the other may go to court to resolve the issue by enforcing the agreement. Therefore, it is important that both parents agree to the custody arrangements before committing them to writing in this document. Understanding that the process of determining child custody during divorce is not easy and that you should have the assistance of an expert divorce attorney is the first and most important step you can make to win custody and get your family back.

How Parents Can Work Together Towards Custody

It is always in a child’s best interests to have frequent and positive contact with both parents after divorce. Since this is the best outcome for the child’s upbringing, it is important for parents to consider putting their differences aside, so they can best co-parent their child. A custody case in court does not have to be a knock-down, drag-out fight with only one winner – parents can work together to create a custody agreement that suits both parties and best supports their child’s well being.

Out-of-Court Child Custody Arrangements Must be Finalized

If parents are successful in settling their custody dispute out of court, they still need to have the approval of a judge before the agreement can be finalized. Once the agreement has been written, it is reviewed by a judge for final approval. If the agreement is part of the couple’s divorce proceedings, it needs to be filed with the court in the county in which the divorce petition was filed. Once this has been filed, an informal court hearing may be held for the judge to ask the parents basic questions regarding the child custody agreement and get any needed clarification before approval.

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.

It doesn’t happen often but it does happen. Maybe the ink is barely dry on the divorce and things change and you want to undo the divorce.

For those who want to reverse the divorce in order to change the terms of their divorce settlement, the options are limited. If the divorce papers have been signed and accepted by the court, you will need to consider filing for an appeal or for a modification of your divorce settlement after the fact. These are issues that should be discussed with a divorce attorney.

For those who wish to “cancel” the divorce and remain married, it may be possible to discontinue your divorce and give your marriage another try. For some couples, going through their issues may spark a desire for giving it another try, which might be a challenging truth to reach amid court dates and divorce statements. Couples in this situation might find themselves asking—is it even possible to change your mind once you’ve already started on the path to divorce?

If your divorce has already been finalized, but you and your ex-spouse wish to change your mind, there isn’t very much you can do, besides remarry. However, if you’d like to reconcile sometime during the divorce process, there are a few ways you might end the divorce and pick up your relationship once more. A divorce might be stopped in any of the following ways:

Withdraw the Divorce Petition

In the very early stages of a divorce, it may be possible to simply withdraw the divorce petition and stop the process before it begins. To begin any divorce, you need to file the petition for a divorce with your local court. If, however, you change your mind soon after submitting these papers, you should go to the county clerk and ask for the petition. If it hasn’t yet been filed, you may be able to withdraw it. However, you must explain the situation to the clerk so that he or she can tell you whether or not additional forms need to be filed.

Sign a Form for Voluntary Dismissal

For some couples, the decision to reconcile comes after the divorce process is already underway. Depending on how involved you are in the process, you might be able to file papers for voluntary dismissal of the divorce. If you and your spouse reconcile, you can ask the court to dismiss the case, though you’ll likely need to pay a filing fee. In order to obtain a dismissal, you do not need to provide the court with any reasons or explanations—only the appropriate paperwork.

Contact an Attorney for Additional Help

If you are near the end of your divorce case, or if the divorce settlement has already been signed, it will be significantly more challenging to remain married. If the settlement hasn’t yet been finalized, you can file a motion to ask the court not to rule on the settlement, which would put a stop to the proceedings. Or, if the settlement has already been signed and the judge signed the divorce decree, you might be able to reverse the judge’s decision. If your divorce decree was signed less than 30 days ago, the judge might rescind the decree, but after 30 days, the judge cannot. In any case, trying to end a divorce can be extremely tricky and tedious, which is why it’s best to work with a legal professional.

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.

For many people, social media is a part of their daily life. Many people start their day by checking Facebook to see what their friends and relatives have been up to. Many people make regular postings, leaving a paper trail of their lives. While this is all well and good, when you are entering into a divorce, there a lot of things better left unposted.

So just how big of an issue is social media in divorce cases? Recent reports show that:
•81% of all divorce attorneys found social networking information that was later presented as evidence in court
•66% of divorce lawyers use Facebook as one of their primary evidence sources, and
•1/3 of divorce actions begin with affairs conducted online.

Social media activity is especially relevant as evidence of infidelity or financial misconduct.

To keep your social media accounts from damaging the outcome of your divorce, here are the top bad social media habits to avoid during your divorce:

Disparaging Your Spouse Or Ex-Spouse Online

While complaining about your ex on social media can be cathartic, it can also have disastrous results. This is especially true if the comments are false, threatening, or criticize his or her ability as a parent. During a divorce comments about your ex should be strictly avoided.

Deleting Social Media Activity That Could Be Used Against You In Court

Most people like to think that once they delete a post from social media, it disappears forever. However, not only is it almost impossible to permanently delete your social media activity from an experienced computer expert, the act of deleting incriminating posts can be held against you as destruction of evidence or inference of guilt.

Posting Photographs Or Mentioning Drugs/Alcohol Use

Evidence of drug or alcohol use can be used against you as proof of you being an unfit parent. Even casual pictures of you sharing a beer with a friend at a football game can be taken out of context, so exercise extreme caution when someone wants to snap a pic of you partaking in libations.

Discussing New Romantic Relationships

New relationships should be kept private until your divorce is final. Even if your relationship didn’t begin until after your marriage ended, this evidence can be used as proof of an affair. It’s best to keep your new love interest under wraps for the meantime.

Discussing Financial Information Or New Purchases

Excited about the newest tech gadget you just bought from Amazon or the $500 you received from selling your comic book collection online? Evidence of expensive purchases or an influx of cash may impact the calculation of child support or alimony the court will determine you can pay or receive.

Letting Your Friends Post Details About Your Life

Your friends can be a great source of comfort during a divorce. However, by criticizing your ex or posting details about your life they could actually damage your case. Although they might have the best intentions, make sure you spread the word to your closest pals.

Sharing Your Location Information

While it may be popular to check-in online at the hottest new restaurant, sharing location information can be damaging. For instance, sharing the amount of time spent at bars, strip clubs, or casinos may be used against you. This is especially true in custody disputes.

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.

A prenuptial agreement is a legal agreement entered into between two people before they are married that that can cover a wide variety of issues centered on property rights and assets. In addition to the traditional role that most people think of (dictating the division and distribution of a variety of physical assets and setting terms for any required spousal maintenance at divorce), pre-nups can also cover death, incapacity, estate planning, student debt, spousal support and a variety of other legal issues including the division and attribution of income earned during marriage.”

What is the purpose of a prenuptial agreement?

There are many, but “one of the main reasons to sign a prenup is to deviate from what the law would provide in the event of a divorce. People often want to protect their assets from distribution and a prenup is the obvious answer. There are other reasons that might not come to mind as quickly [such as] if one party has a child from a prior marriage — it can be important to have a prenup so that the parent can support that child with marital income. Another reason has to do with the fact that divorce laws vary state by state. If you live somewhere that has laws of equitable distribution but you may move to a community property state, it is important to protect your assets and set how they will be distributed.

Often people want a prenup so they can keep what they brought into the marriage, which the law typically already protects — it’s when financial assets get commingled that things get complicated.

Buying a house together with just one person’s money is commingling. Starting a business together using one person’s capital is commingling. Moving money around more than a few times can even qualify as commingling. The longer you’ve been married, the more you are likely to commingle your assets [and have] non-marital assets turn into marital and, thus, divisible assets.

Prenups are not just for rich people. Typically, you think of a prenuptial agreement as being for those individuals with substantial means to protect. This isn’t always the case anymore, and in fact, many millennial clients hire lawyers to assist them with a prenup to protect them from their future spouse’s student debt and visa versa. Even though these individuals may have significant earning potential, they realize that they should each be responsible for their own student loans. The best part is that these couples have discussed their financial situations in great detail before hiring attorneys to draft a prenup, so there are no unpleasant surprises.

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.

Before you filed for divorce, the business owner probably considered the business extremely valuable, and the spouse was not so sure. After you file for divorce, the business owner may not be so sure, but the spouse’s attorney may now view the business as extremely valuable.

The issue here is to somehow place a value on the business before the marriage and place a new value currently. The amount of increase in value is an asset that must somehow be divided. The values must be presented to the court with whatever evidence is available. If the business owner is not willing or able to sell the business, then in theory, the non business owner should be entitled to assets of equal value.

It is not uncommon that both spouses own a business.  In many of those cases, a spouse received their interest in a business prior to the marriage, either from a family member, or otherwise.  With regard to premarital assets and/or any other assets that a party claims is exempt, that party must prove that the asset is truly exempt.  The inquiry doesn’t end there.  If the asset is an active asset, like a business, the other party may share in the increase in value of the business during the marriage.  Typically, the non-titled spouse will share in the increase in value if they can show that they contributed to the increase by make financial or non-financial contributions.

Another issue is determining what non-financial contributions may look like. The non-owner spouse can contribute to an asset’s appreciation in a number of ways. For instance, a non-owner spouse can provide the necessary support that allows his or her partner to devote time and energy to a business. For example,  a spouse who “took care of the home, worked part – time and raised [their son]” contributed to an asset’s appreciation).

Just because a business is not profitable, does not mean that it has no value.  An unprofitable business may still have a positive fair market value.  For instance, a business can have valuable tangible assets or inventory, as well as intangible assets, such as goodwill and customer lists.

Despite the often espoused notion that businesses are never divided 50-50,  the increase in value of the business is, in fact, very often equally divided. If you are facing a divorce and a business is involved, your first concern should be to retain an competent attorney.

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.

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.