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Finding Resolutions For Your Family Law Issues
Whether you’re going through a divorce or dealing with another family legal issue, a lawyer with knowledge and experience can make all the difference in helping you achieve a favorable outcome. Contact the Campbell & Madden, PLLC, for help with a wide range of family law matters.
When you are facing a family law issue, your choice of lawyer can significantly affect your outcome and experience counts. Our firm has a wealth of experience with Florida divorce and family law. We routinely handle family law matters involving:
- Divorce: Each divorce is different. We will help you pursue your desired outcome on issues like child custody and visitation, child support, spousal support and property division under Florida’s equitable distribution laws. We seek negotiated settlements whenever possible, but are ready to stand up for you in court.
- Child and spousal support: Child support can be sought in a divorce, separation, domestic violence or paternity case, and is governed by a strict formula. Spousal support requires an assessment of your individual financial circumstances and is based, in part, on one spouse’s need versus the other spouse’s ability to pay.
- Child custody and visitation (time-sharing): Florida now uses the term “time-sharing” to describe custody and visitation matters, though the issues at the heart of the matter remain the same. When a child’s parents separate, the family courts seek parenting plans that reflect the best interests of the child. Like child support, this is often an important issue to couples seeking to divorce or separate, as well as those seeking to establish paternity. It is not unusual during the pendency of the legal proceedings for the court to maintain the status quo. Therefore, if the parties are rotating time-sharing after the parties separate the court may continue this arrangement until the final hearing. A 50-50 time-sharing schedule is viewed more favorably now by the courts than in the past, especially on a temporary basis while the case is pending.
- Modification: If an established family law order must be altered, the request for modification must go through the courts in order to be enforceable. We handle the modification of child support, child custody (time-sharing), visitation and alimony orders for clients seeking the request or attempting to block the modification. In order to modify a prior Judgment, you must plead and prove a substantial change of circumstance that is material, not voluntary, unanticipated and supported by facts that have occurred since the entry of the last order on the issue to be modified.
- Relocation issues: When a parent wants to move out of state with his or her child, he or she must go through the courts in order to obtain a legal relocation or obtain the consent of the other parent. There are specific laws in Florida that govern relocations, and if they are not followed harsh consequences may be applied. This statute applies even if the “minority time-sharing” parent wishes to relocate farther than 50 miles from the current location. This is necessary because the existing time-sharing arrangement, i.e., every other weekend, may be affected by the relocation and alternative time-sharing will need to be put in place.
- Paternity: If a child is born to an unmarried mother, the father may acknowledge paternity at birth, or a paternity action can be brought in family court to ensure that the child gets the care and support of both parents. If the father does not admit paternity then a DNA test has to be administered to determine paternity. The court can then establish child custody (time-sharing) and child support orders. An indication of a father’s name on a birth certificate is evidence of paternity but it is not proof.
- Grandparents’ rights: When a child’s parents are unfit to care for the child, it may be possible for grandparents or other family members to obtain certain custody (time-sharing) rights, but this is rare. It usually takes a significant set of facts affecting the welfare of the child, such as abandonment, etc., for this to happen.
- Military divorce and retirement rights: Our firm handles all issues related to military divorce cases, including the division of property, assets and retirement benefits. The retirement benefits of military personnel and their spouses are complex and unique. We understand the rules and can help you pursue the benefits you deserve.
- Domestic violence: A domestic violence protective order can keep the accused person out of his or her own home for up to a year with the threat of criminal penalties. We represent both sides in domestic violence disputes.
- Jurisdiction: One of the parties must have lived in Florida for at least six months before a divorce can be filed. There is immediate relief available through an action for “separate maintenance” available for parties who do not meet the six-month residency requirement.
Pursuing Modification And Enforcement
Family law judgments are closely tied to each family’s individual circumstances, and when those circumstances change, most judgments are subject to modification. We help clients seek a modification of child custody (time-sharing), child support and alimony. We may also be able to help you pursue enforcement of a family law judgment. No matter whether you have made informal arrangements in the past or not, a judgment handed down by a family court is binding.
Contact Us To Learn More
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