Beverly L. Brennan, P.A. Attorney & Counsellor At law Naples Florida

239.963.8895 | 1.877.482.5176

3033 Riviera Drive, Suite 202 Naples, FL 34103

©Phillip C. Wilkerson

Helping families and individuals since 1986
Helping families and individuals since 1986

Naples Family Law Blog

Issues facing those seeking to relocate children in Florida

Those wishing to move dependent children to Florida might face some obstacles from the state's legal regulations on child custody. This is often true even when the individuals in question are related to the child. Understanding the rules might help prepare would-be custodians for the process ahead. 

Many Florida custody laws are written with the intent to provide a healthy and stable atmosphere for children, a goal which may be subverted by constant moves. As such, the court places several safeguards against excessive or frivolous changes in primary residence. Formalized relocations are also set in place to preserve the visitation and custody agreements set forth by the court after divorces. The Florida Statutes provide that either all parties may agree to the relocation, or a petition may be entered with an option for the opposing parties to formally contest. 

Wives of business owners need to be careful during divorce

During a divorce, each party has to look after his or her own interests. For women who have always relied on their spouse to handle financial matters, going through the divorce can be scary. Add in a business that's supported the family, and the situation becomes even more complicated, which can be very uncomfortable.

While every woman who is going through a divorce needs to be aware of the state of the marital finances, this need is increased when there is a business in the picture. There are several reasons why women must know what is going on, but the predominant one is so that the man can't get away with hiding money.

Wives of business owners need to be careful during divorce

During a divorce, each party has to look after his or her own interests. For women who have always relied on their spouse to handle financial matters, going through the divorce can be scary. Add in a business that's supported the family, and the situation becomes even more complicated, which can be very uncomfortable.

While every woman who is going through a divorce needs to be aware of the state of the marital finances, this need is increased when there is a business in the picture. There are several reasons why women must know what is going on, but the predominant one is so that the man can't get away with hiding money.

What steps can you take to prevent international child abduction?

If you had a child with a foreigner and the relationship between the two of you has become acrimonious, you may have concerns that your child’s other parent may attempt to abduct your son or daughter and flee to his or her home country. At the Law Offices of Beverly L. Brennan, P.A., we have counseled many clients who fear their former partners may attempt to abduct their shared children, and we have a firm understanding of the steps you can take to minimize the chances of such an occurrence.

Per the U.S. Department of State’s Bureau of Consular Affairs, one of the most important things you can do as a parent who suspects the other parent may attempt an abduction is to act quickly. Arguably one of the most effective steps you can take to help prevent international child abduction involves securing a court order. The details of such court orders will likely vary from one situation to the next, but you may be able to secure one that prohibits your child from securing a passport, traveling by airplane or what have you.

A parenting agreement can help you put your kids first

You don't want your divorce to drag on forever, especially if you have children to tend to. Instead, you want to work things out with your former spouse as quickly and fairly as possible, all with the idea of moving forward with your life.

There are many ways to feel better about the future, including the creation of a parenting agreement. With one of these in place, you'll find it much easier to understand your role as a parent and what you can do to ensure that your children always come first.

3 things to do when facing the DCF

Having your children taken away from you is devastating. No parent wants to go through that, especially when nothing was wrong with your relationship with your children. Unfortunately, accusations and misunderstandings can end up leading to the Department of Children and Families (DCF) stepping in and taking your children away.

If you find yourself at the center of an investigation, you need to do everything in your power to protect yourself. Your first thought should be to call your attorney, because this is not a situation you should handle on your own. To win a case against the DCF, you need to do at least these three things.

Should a divorcing couple sell their home for equity?

Florida couples can possess a lot of equity in their home, which makes personal property so important when it comes time to divide assets in a divorce case. Some couples may decide to simply sell the home outright to gain the equity and split it. However, this is not always a workable option for a number of reasons. 

A piece run in the Huffington Post lays out a few options divorcing couples can explore in dividing their home’s equity. Instead of selling the house, one of the spouses can take sole ownership of the property. The Huffington Post article recommends refinancing as the best way for an ex-spouse to become the sole owner, since it pays the outstanding mortgage debt and replaces it with a brand new loan, frees financial capital to buy out the ex-spouse’s equity share, and takes off the ex-spouse’s name from the mortgage.

Methods spouses use to hide property

If you have reason to believe your Florida marriage may be coming to an end, it may be due, at least in part, to a breakdown of trust between you and your spouse. If you no longer trust your spouse, you may have valid suspicions that he or she is trying to stockpile assets in an effort to position his or herself well, financially, should the two of you ultimately divorce. At the Law Offices of Beverly L. Brennan, P.A., we have a clear understanding of the tactics divorcing couples sometimes use to conceal assets from each other, and we have helped many clients uncover hidden property, money and possessions to ensure they get their rightful share.

Per AOL.com, your husband or wife may use a number of different methods to hide assets or conceal money from you, and some are more overt than others. If your joint bank account appears to be dwindling faster than you think it should be, ask yourself whether your spouse might be taking small amounts of money in “cash back” when shopping for groceries and the like. This is easily doable in small increments, but those small increments can add up over time, leaving you in the lurch if you do not catch on.

Making paternity work without marriage

At the Law Offices of Beverly L. Brennan, P.A., we deal with nearly all issues within the general category of Florida family law. You might associate this field with marriage and divorce, but unmarried couples, particularly parents, often need to formalize certain matters through the court system. 

One of the most frequent misconceptions we come across in our practice in this area is the idea that establishing paternity is equivalent to proving paternity. We often talk to people who have put off laying this important legal groundwork simply because they believe the process is arduous, complicated or expensive. Regardless of cost, we would often recommend completing this step to access several legal advantages that legal parent-child relationships could provide:

  • Appropriate responsibility in terms of child support
  • Better chances of quality contact with each parent
  • Easier inheritance and shared benefits, such as insurance, pensions and social security
  • Allowance of access to medical records

What is considered separate property?

One of the major questions divorcing Florida residents may face is what constitutes property that they share under law. Much of their property and assets will be considered martial property and will likely be divided up in a divorce proceeding. However, some property may still be considered the separate property of each party, as the Huffington Post describes in this article.

Separate and martial property is a concept that is not always cut and dry. Sometimes which kind of property can be defined as separate differs according to state. However, we can generally consider several forms of property to be separate. First, this can include any piece of property that either spouse owned before the marriage. Separate property can also consist of an inheritance either the wife or the husband receives prior to or after the marriage. Additionally, gifts either of the spouses receive from a third party, such as a relative, qualify as separate property. Finally, if a spouse receives payment from a pain and suffering case, that money is also considered separate property.