DO:
• Cooperate with the other parent.
• Receive therapy for drug or alcohol abuse, if needed.
• Inform the other parent of any changes in contact information.
• Inform the other parent of any medical or education issues that arise regarding the minor children.
DON’T:
• Speak negatively to the children about the other parent.
• Discuss the case with the children.
• Withhold the children from the other parent.
If you are in the middle of a custody battle, and have any questions, please call the Law Office of Melinda Grimaldi, P.L. at 954-491-8707.
Tuesday, November 15, 2011
Tuesday, September 20, 2011
Marital Assets v. Non-Marital Assets
Equitable distribution: Florida law requires that all marital assets be divided evenly.
Non-marital assets and liabilities include:
a. Assets acquired and liabilities incurred before the date of marriage.
b. NOTE: some non-marital assets can be converted to marital assets. Seek the advise of a family law attorney to see if the non-marital assets in your case can ven converted to a marital asset.
Marital assets and liabilities include:
a. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.
b. The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.
c. Interspousal gifts during the marriage.
d. All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.
Non-marital assets and liabilities include:
a. Assets acquired and liabilities incurred before the date of marriage.
b. NOTE: some non-marital assets can be converted to marital assets. Seek the advise of a family law attorney to see if the non-marital assets in your case can ven converted to a marital asset.
Marital assets and liabilities include:
a. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.
b. The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.
c. Interspousal gifts during the marriage.
d. All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.
Friday, August 19, 2011
What does the court look at when determining custody?
The court will look to see what is in the best interest of the child. Florida statute list factors that the court can consider:
(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.
If you have any questions regarding custody determination and/or your rights as a parent, call the Law Office of Melinda Grimaldi, P.L. for assistance.
(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.
If you have any questions regarding custody determination and/or your rights as a parent, call the Law Office of Melinda Grimaldi, P.L. for assistance.
Thursday, August 11, 2011
Factors when considering alimony
When determining if alimony is appropriate in a divorce case, the court will look to see if there is a need by one party and if the other party has the ability to pay alimony. If the there is a need and an ability to pay, the court will look at the length of the marriage and the court shall consider all relevant factors, including, but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) The responsibilities each party will have with regard to any minor children they have in common.
(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.
If you have questions regarding alimony, or any other family law questions, contact the Law Office of Melinda Grimaldi, P.L. to schedule a consultation.
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) The responsibilities each party will have with regard to any minor children they have in common.
(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.
If you have questions regarding alimony, or any other family law questions, contact the Law Office of Melinda Grimaldi, P.L. to schedule a consultation.
Thursday, August 4, 2011
Relocation with minor children
A common question that I am asked is if a parent can move away with the minor child without the consent of the other parent.
If there is a current order for time-sharing between the parents, Florida law requires that a parent, who would like to move more than 50 miles away from their home,to either (1) get written consent from the other party; or (2) address it through the court system, which may result in an evidentiary hearing. If the issue of relocation would be required to go in front of a judge, the judge would look to see if the relocation is in the best interest of the child. An attorney should be consulted to make sure the statutory guidelines are properly followed. Further, even if the parties agree to the relocation, an attorney should be consulted to make sure the written consent contains all the requirements imposed by Florida law.
If you or someone you know if planning to relocate with a minor child, or would like to contest the relocation of their child with the other parent, have them call my office for a consultation to ensure that the law is being followed.
If there is a current order for time-sharing between the parents, Florida law requires that a parent, who would like to move more than 50 miles away from their home,to either (1) get written consent from the other party; or (2) address it through the court system, which may result in an evidentiary hearing. If the issue of relocation would be required to go in front of a judge, the judge would look to see if the relocation is in the best interest of the child. An attorney should be consulted to make sure the statutory guidelines are properly followed. Further, even if the parties agree to the relocation, an attorney should be consulted to make sure the written consent contains all the requirements imposed by Florida law.
If you or someone you know if planning to relocate with a minor child, or would like to contest the relocation of their child with the other parent, have them call my office for a consultation to ensure that the law is being followed.
Thursday, July 28, 2011
What types of cases does a family law attorney handle?
The types of cases that a family law attorney will handle will vary from attorney to attorney. Below are some of the issues that fall under the family law umbrella:
1. Divorce
2. Child Custody
3. Alimony
4. Child support
5. Division of Assets
6. Paternity
7. Adoption
8. Modification of Support Orders
9. Modification of Custody Orders
10. Enforcement Proceedings
11. Domestic Violence
12. Guardian Ad Litem
13. Dependency Cases
14. Parental Relocation
At my firm, there is a passion to help children and those going through tough times with their family. If you or anyone you know have any of the issues listed above, or any other issue relating to family or children, contact the Law Office of Melinda Grimaldi, P.L. today for a consultation.
Personal Legal Attention for Personal Family Matters
1. Divorce
2. Child Custody
3. Alimony
4. Child support
5. Division of Assets
6. Paternity
7. Adoption
8. Modification of Support Orders
9. Modification of Custody Orders
10. Enforcement Proceedings
11. Domestic Violence
12. Guardian Ad Litem
13. Dependency Cases
14. Parental Relocation
At my firm, there is a passion to help children and those going through tough times with their family. If you or anyone you know have any of the issues listed above, or any other issue relating to family or children, contact the Law Office of Melinda Grimaldi, P.L. today for a consultation.
Personal Legal Attention for Personal Family Matters
Monday, July 25, 2011
Divorce Workshop
Considering Divorce? Full of questions, but don’t know where the divorce process even should begin?
This workshop is designed to help women and men take the next step, no matter where they are in the process of untying the knot. Your Divorce Workshop deals with the legal, financial, family and personal issues of divorce in a logical, yet compassionate way. With the guidance of trained professionals, workshop participants gain greater understanding of the confusing divorce process. Learn more about the Your Divorce Workshop and sign up for the event at http://yourdivorceworkshop.com/. The next two events will be held on August 16 from 5:30 to 7:30pm and August 20 from 9:30 to 12:00pm.
Thursday, July 14, 2011
Six Degrees Event
For those of you that don’t already know, I have become involved with Six Degrees, a professional networking group that connects people to Big Brothers Big Sisters and inspires emerging leaders of South Florida to make a difference in the lives of children. We help to raise money and raise awareness for Big Brothers Big Sisters.
It seems that school just ended but at Big Brothers Big Sisters (BBBS), they are already planning how to prepare the “Littles” to start the next school year off on the right note with much needed school supplies.
We have a great network event coming up this month. Please see the attached flyer for the event at Solita’s on Wednesday, July 27, 2011, at 6:00 PM. In lieu of the $20 fee (donation to BBBS), please consider bringing a new backpack with school supplies as a contribution to the BBBS back to school drive. They present the backpacks to the Littles in August at they summer annual picnic.
Your contributions are greatly appreciated! See you at SoLita’s!
Domestic Violence and Custody Determinations
Can or will the court consider domestic violence when determining custody or timesharing?
When dealing with the initial custody determination or a subsequent modification of the time sharing or custody, the court will look to see what is the best interest of the particular minor child and the circumstances of that family. Domestic Violence is one of the many factors that are listed in the statute that are considered when determining the best interest of the child. (You can look at Florida Statute 61.13 for a list of all the factors that the court can consider.)
If a parent has been convicted of a felony of the third degree or higher involving domestic violence, the evidence of the conviction creates a rebuttable presumption of detriment to the child. However, even without a conviction or an injunction for protection against domestic violence, the court still must consider evidence of domestic violence when determining custody and the best interest of the child.
When dealing with the initial custody determination or a subsequent modification of the time sharing or custody, the court will look to see what is the best interest of the particular minor child and the circumstances of that family. Domestic Violence is one of the many factors that are listed in the statute that are considered when determining the best interest of the child. (You can look at Florida Statute 61.13 for a list of all the factors that the court can consider.)
If a parent has been convicted of a felony of the third degree or higher involving domestic violence, the evidence of the conviction creates a rebuttable presumption of detriment to the child. However, even without a conviction or an injunction for protection against domestic violence, the court still must consider evidence of domestic violence when determining custody and the best interest of the child.
Thursday, July 7, 2011
Time Line for a Divorce Case in Florida
The big question: How long will it take to get divorced?
The answer: It depends.
The timeline for a dissolution of marriage case in Florida all depends on the fact and circumstances of the case. It can take a couple who is in agreement with all matters of property division, spousal and child support and child custody as little as a month to get everything finalized. On the flip side, it can take a couple of years in some very contested cases.
Once a petition is filed, the other party has 20 days to respond with an answer to the petition. At that point, financial discovery will be conducted so that both parties know the income of the other party as well as all the marital and non-marital assets and debts. This is important because it allows the parties to have an informed decision when they are trying to settle their case.
The big determining factor is if the case will settle or not. Once discovery has been completed, the parties usually attend mediation. In the state of Florida, all family cases are required to go to mediation prior to going in front of the judge for trial. I have been able to settle many cases for my clients even prior to going to mediation as well as at the mediation itself. When the parties settle, they will sign a marital settlement agreement. Once this agreement is signed by both parties, the case is pretty much done – all that is left is for the petitioner to go in front of the judge for a 5 minute uncontested final hearing, which allows the judge to take testimony for some basic information and to sign the order dissolving the marriage. The timeline for getting to mediation will depend on how much discovery will need to be done.
If the parties cannot settle the case at mediation, the case will need to be set for trial. This can take a while. On June 21, 2011, I asked for a trial date for one of my cases that was not able to settle. The first available trial date is April 6, 2012. Almost one year from now!
The answer: It depends.
The timeline for a dissolution of marriage case in Florida all depends on the fact and circumstances of the case. It can take a couple who is in agreement with all matters of property division, spousal and child support and child custody as little as a month to get everything finalized. On the flip side, it can take a couple of years in some very contested cases.
Once a petition is filed, the other party has 20 days to respond with an answer to the petition. At that point, financial discovery will be conducted so that both parties know the income of the other party as well as all the marital and non-marital assets and debts. This is important because it allows the parties to have an informed decision when they are trying to settle their case.
The big determining factor is if the case will settle or not. Once discovery has been completed, the parties usually attend mediation. In the state of Florida, all family cases are required to go to mediation prior to going in front of the judge for trial. I have been able to settle many cases for my clients even prior to going to mediation as well as at the mediation itself. When the parties settle, they will sign a marital settlement agreement. Once this agreement is signed by both parties, the case is pretty much done – all that is left is for the petitioner to go in front of the judge for a 5 minute uncontested final hearing, which allows the judge to take testimony for some basic information and to sign the order dissolving the marriage. The timeline for getting to mediation will depend on how much discovery will need to be done.
If the parties cannot settle the case at mediation, the case will need to be set for trial. This can take a while. On June 21, 2011, I asked for a trial date for one of my cases that was not able to settle. The first available trial date is April 6, 2012. Almost one year from now!
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