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Resourceful Legal Guidance In Family Law

Lakeland Family Law Blog

Creative scheduling products can ease parental time-sharing

Managing a custody schedule can be a challenge for many Florida families, and it is easy for visitation exchanges to come in conflict with parental work schedules, school events and extracurricular activities. When time-sharing efforts begin to feel overwhelming, both parents and children suffer. One way to make things easier is by finding a scheduling solution that allows everyone to be on the same page when it comes to visitation.

One such product was created by a divorced mom who was looking for a way to simplify visitation scheduling for her own family. She designed a magnetic board schedule, similar to the ones used to designate chores or track school projects. Customized magnets feature an image of each parent, and some have both parents on the same magnet. Parents can position the magnets on the calendar to show where the kids will be on any given day.

Protect business interests from loss in high asset divorce

Starting a business is one of the most exciting goals that a Florida resident can undertake. There is virtually no limit to the amount of success that a business can achieve, and the monetary rewards can be truly life-altering. If a divorce takes place, however, business owners can lose a huge portion of that wealth. For those who are concerned about the potential for loss during a high asset divorce, it is important to take precautionary measures as soon as possible.

Handling this need is best addressed prior to marriage, in the form of a prenuptial agreement. A solid prenup will outline how the business will be handled in the event of a divorce. That can help ensure that the hard work of one spouse does not become a windfall to the other if the relationship sours. But what about a business that originates during a marriage, when there is no prenup in place?

Parents lose child custody over their perceived intelligence

When a Florida couple heads into court to fight a custody battle, they are usually on opposite sides of the matter. In some cases, however, both parents stand together to fight for their child custody rights. Those cases can be some of the most difficult for families to face, as the fear of losing a child is deep rooted. An example is found in a recent case in which a couple lost their kids after their state of residence determined that they were not mentally capable of parenting.

The case centers on two parents who display lower than average IQ levels. The father is on disability for a mental condition, and has an estimated IQ of around 66. The mother was tested, and was determined to have an IQ of 72. The average IQ level is between 90 and 110.

Mel B embroiled in high asset divorce case

Many Florida readers are familiar with the career of singer and performer Melanie Brown, also known as Mel B. Once a member of the enormously popular pop group, the Spice Girls, Mel B is currently a judge on the hit show America's Got Talent. She has recently made headlines, however, for personal matters unrelated to her career trajectory. As she moves through a high profile and high asset divorce, her fans have come to learn a great deal about the singer.

In a recent ruling, Mel B was ordered to pay her husband $40,000 per month for temporary spousal support. When she filed for divorce in March, she asked the court to terminate her husband's ability to seek spousal support. Not only has that request been denied, the singer has been ordered to pay spousal support retroactively dating back to May of this year.

One state addresses paternity statute seeking clarification

As same-sex couples in Florida and other states continue to fight to secure their rights to marry and form families of their own, the law continues to lag behind. Even after the United States Supreme Court ruled to allow same-sex marriage, couples still encounter legal difficulties. Some of those problems are due to outdated language in state law that still discusses families in terms of "man" and "wife," or "mother" and "child." States are currently considering cases that involve the definition of "parent," sometimes based on the use of the word "paternity" in existing law.

At issue in at least one of these cases is whether or not a woman can be listed on the birth certificate of a child born by her wife. When couples reside in a state that uses the word "paternity" in the law, courts can and have ruled that only one woman can be listed on the child's birth certificate. That leaves the parent who did not give birth to the child in a tenuous legal position. It could impact custody rights and could also impact the parent's ability to cover the child under employment benefits.

Do you need tactical training when dealing with military divorce?

A great sense of pride comes along with being a member of the United States military. No matter to what branch of the military you may belong, your service should garner respect. You certainly make numerous sacrifices in your life in order to accommodate the duties and responsibilities placed on you by your military service. Though you may understand the necessity behind these sacrifices, you and your family may still feel strain.

Unfortunately, not all relationships can withstand the stress of military membership. In fact, this profession has the highest divorce rate when compared to other occupations, according to a recent study. You may have noticed a certain strain on your marriage and wonder whether you could soon face such an outcome.

Does a prenup increase the chances for high asset divorce?

Sitting down with one's intended and broaching the subject of a prenuptial agreement is a difficult situation, to be sure. Even when both parties believe that a prenup is an important precautionary step, no one wants to the be the one to bring it up. When one party is not fully on board, then the topic can be fraught with tension. Regardless of how the topic might be received, there is no question that having a prenup can greatly streamline a high asset divorce in Florida, if and when that outcome arises.

Couples should not think of the matter in terms of whether negotiating a prenup will affect their chances of divorce. In reality, the decision to end a marriage is complicated, and is not predicated on any one factor. Simply going through the steps to work out a fair prenuptial agreement will have no bearing on a couple's chances for lasting happiness.

Understanding how to handle an IRA in a military divorce

In an effort to achieve a swift and less contentious divorce, some Florida couples will choose to process their divorce on their own, without the assistance of an attorney. The shared goal of a collaborative divorce is an honorable one, and deserves respect. However, reaching the end of a military divorce without serious error requires a particular set of skills. This is where legal services come into play, because even the most collaborative couples can still make mistakes that can cost them in the long run.

Handling an IRA is a good example of an area where errors can easily be made. For example, treating the funds in an IRA like a personal bank account can lead to a number of negative consequences. Many spouses feel that their IRA is an asset that can be dissolved like any other. During a divorce, they may cash out those savings to cover other expenses, such as furnishing a new apartment or paying off a credit card.

Parenting tips to assist in a potential child custody case

Facing a custody battle is a scenario that no parent likes to imagine. However, for many Florida families, divorce and a resulting child custody determination will be a reality. Just as no one goes into marriage preparing for divorce, no one becomes a parent with the belief that he or she will eventually be fighting over parenting time and responsibilities. There are things that parents can do to put themselves into a good position if that need should ever arise. Fortunately, those same steps will also make a person a better parent, so the following tips are relevant regardless of the state of one's marriage.

One of the most important things that parents can do to improve their child custody standing is to play an active role in the life of their child. Far too often, one parent assumes the role of breadwinner, while the other takes on the bulk of parenting duties. If things end, the parent who spends most of his or her time raising the kids could have an advantage in a custody battle.

Following tragedy, family faces unexpected child custody needs

The vast majority of custody battles play out between a mother and father who have ended their relationship and are struggling to divide parenting time and responsibilities. There are cases, however, in which the parties differ, and where families are faced with child custody needs that are far from the norm. An example is found in a current case that centers on the murder of a mother and the need to provide care for her three children. Parents in Florida and across the nation find it distressing to even consider such circumstances, but this is an issue that faces a number of families each and every year.

The mother was only 35 years old when she was shot and killed by the father of her youngest child. He was then killed by police when he presented a weapon in their presence. That left three kids -- a 1-year-old girl, 8-year-old boy and 15-year-old girl -- without their mother, and authorities placed them in a children's shelter. The mother's extended family immediately stepped in, and her brother asked the court to place the kids in his care.

Law Office of Amanda Salcido
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Suite 206
Lakeland, FL 33803

Phone: 863-266-4122
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Attorney Amanda Salcido has served her country as a member of the U.S. Army JAG Corp for more than 10 years. Her military experience spans over twenty years. Ms. Salcido provides professional legal guidance for service members and non-service members alike.

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