Naples Family Law Blog

Tips for fathers preparing a parenting plan

On behalf of Beverly L. Brennan, P.A. posted in paternity on Wednesday, March 6, 2019.

If you are a Florida father going through a divorce, you may have questions about custody and how you can ensure you get time with your children. In the past, mothers often had primary responsibility for minor children. However, today courts prefer joint custody and parenting plans that keep dad involved with his kids. At Beverly L. Brennan, P.A., we help clients prove paternity, develop parenting plans and work to ensure the best possible outcome.

According to LiveAbout, a parenting plan is something most families have already. It is the way parents work together to raise their children. When you divorce, the primary difference is that you must formalize the parenting plan in writing. The most significant difference is the way you may need to handle everyday responsibilities and decisions based on the new living arrangements.

Reacting to an accusation of child abuse

On behalf of Beverly L. Brennan, P.A. on Monday, February 25, 2019.

If you are a parent, you will feel that you are doing everything possible to raise your child in the best way. Bringing up children is a momentous challenge, and every child is different. As the child's parent, it is likely that you know and understand them more than any one else. Therefore, it can be extremely upsetting if a neighbor or an acquaintance falsely accuses you of neglecting or abusing your child. You may worry that you will lose custody of your child, and a great deal of stress can result.

It is important that you understand your right to respond to and defend yourself from such an accusation. Just because a person accused you of something, it does not mean that you are guilty of this. You should try your best to remain calm and invest time in getting informed about the next steps.

The pain of 'feeling' after a divorce

On behalf of Beverly L. Brennan, P.A. posted in divorce on Sunday, February 17, 2019.

When someone has decided to end their marriage and pursue a divorce in Florida, the challenges they are facing can often be unnerving and overwhelming. Processing the significant change that has taken place, grieving the loss of a once-cherished relationship and coming to terms with an uncertain future can take time. Often, people are required to process these difficult emotions while managing the details of their divorce including child custody and relocation.

For many, it may be difficult to assess the exact cause of the underlying sadness they feel that at times, is so intense that it can be debilitating and cause feelings of anxiety and hopelessness. According to LiveAbout, there are several reasons why people may experience pain after their divorce including feelings of failure and guilt over their inability to maintain or save their marriage. They may also struggle to accept that the future they had once been so excited about living is now pieces that need to be picked up and rebuilt.

Seasonal affective disorder and child custody

On behalf of Beverly L. Brennan, P.A. posted in custody and visitation on Friday, February 1, 2019.

There are countless factors to consider with respect to child custody and no two cases are identical. Many different aspects of a parent’s life could impact their ability to secure full or partial custody of their child, and the custody process (especially if a heated dispute occurs) could impact them in various ways. In this post, we will look into various issues related to seasonal affective disorder, a hurdle that many parents have to work through during the winter months, and custody.

With extremely cold temperatures, a lack of sunlight and other challenges associated with the winter, it is no wonder that many people struggle with seasonal affective disorder and become depressed or withdrawn during the winter months. Unfortunately, this can have an adverse impact on life in multiple ways, from creating problems at work to negatively affecting a parent’s pursuit of custody. Moreover, if a ruling regarding child custody is unfavorable, this could cause a parent to become even more depressed during the winter.

As an unmarried dad in Florida, you have rights to see your kids

On behalf of Beverly L. Brennan, P.A. on Monday, January 28, 2019.

There are many persistent myths that surround family law in Florida. One common misconception is that only married fathers have the right to seek custody of or visitation with their minor children. This may lead to a lot of unmarried fathers failing to play as robust of a role in the life of their children as they want to.

If you never married the mother of your children and have since ended that relationship, you may think that your right to spend time with the children is wholly dependent on her permission. However, you have the right to see your kids and maintain a paternal bond with them regardless of the nature of your relationship with the mother.

How can families move forward after a juvenile dependency case?

On behalf of Beverly L. Brennan, P.A. on Wednesday, January 23, 2019.

Despite the best of intentions, parents often make mistakes. They may not consider the consequences of a decision until it is too late. Other times, they can fall into dangerous or destructive habits that impact the people they love the most. Most of the time, parental mistakes are nothing more than inconveniences and annoyances for the family.

Sometimes, parental mistakes can result in catastrophic consequences for the family. One of the most severe potential consequences for parents could be juvenile dependency. Juvenile dependency is the legal term for when the state of Florida intervenes and removes a child from their parents' custody.

Stepchildren and family law matters

On behalf of Beverly L. Brennan, P.A. posted in divorce on Friday, January 18, 2019.

When a marriage ends, it can be a tumultuous time for the entire family. Moreover, some families, such as those which involve a stepparent, may have additional uncertainty as they move toward the finalization of a divorce. For example, a stepparent may have questions about whether or not they will be able to spend time with their child after the divorce and their visitation or custody rights. Moreover, some may wonder if they will be obligated to pay child support.

There are many different factors to consider when it comes to stepchildren and family law, but adoption is central. A stepparent’s ability to have custody rights can depend on whether or not they adopted their stepchild. Moreover, there are other ways in which an adopted stepchild could affect his or stepparent when the marriage ends. For example, a stepparent may even be required to make child support payments if they have adopted their stepchild.

Approaching divorce as a young couple

On behalf of Beverly L. Brennan, P.A. posted in divorce on Saturday, January 5, 2019.

In recent years, many people have been pushing off marriage until they are older. However, some people still tie the knot at a young age for various reasons. For example, a couple that is in their teens may get married following an unexpected pregnancy, or another couple may decide to get married right after they have finished college because they feel ready to settle down. However, those who get married at a very early age may come to find that their marriage is not working out and that divorce is necessary. The divorce process can be very tough for couples in this position.

If you are thinking about divorce as a young adult, there are a number of factors you may need to consider. First, you should think about the different options you may have (such as mediation) and some of the family law matters that may arise based on your circumstances. For example, if you have kids, you may need to think about child support and custody issues. Sometimes, people decide to stay in a marriage because they are worried about what others will say, and this can be especially true for young couples and those who recently got married. However, you should never feel stuck in a marriage that is toxic because of what others think.

Negotiating custody during a break-up, not a divorce

On behalf of Beverly L. Brennan, P.A. on Thursday, December 27, 2018.

It is common for committed couples to choose to have children without marrying first. As many as 40 percent of modern children are born to parents who aren't married. There is nothing wrong with choosing to not get married, even if you have children with your partner.

However, it is important to understand how you can protect your rights as a father if you aren't married to the mother of your children. Protecting your relationship with your children should be your top priority when the relationship with the mother of your children changes or ends. Steps you take during or prior to that break-up will likely impact how difficult obtaining custody or visitation rights will be.

Reasons for juvenile dependency cases

On behalf of Beverly L. Brennan, P.A. posted in juvenile dependency on Monday, December 24, 2018.

When it comes to juvenile dependency cases, the entire situation can be challenging for everyone involved. If you are a parent who has found yourself in this position, or you are worried about such a case arising in the future, it may be helpful to go over all of the relevant information you can find. For example, you may benefit from familiarizing yourself with some of the reasons why these cases arise in the first place. In Naples, and all around the state of Florida, juvenile dependency cases surface for many reasons.

Sometimes, a juvenile dependency case may be the result of allegations of child abuse. However, this certainly is not the only cause. If a child has been neglected, or if a parent is unwilling to take care of their child for some reason, the dependency process may begin. Moreover, parents who are institutionalized or incarcerated may also find their children in the middle of a juvenile dependency case. Whatever the reason, it is imperative for you to have a clear idea of your legal rights and the most appropriate way to handle your circumstances.