Naples Family Law Blog

Summer break and family law issues involving children

If you are dealing with family law issues as a parent, there may be a number of issues you have to consider during the summertime. For example, perhaps you planned a vacation and were planning on taking your child along but are unsure if a custody arrangement will interfere with your plans. Or, perhaps you are thinking about filing for divorce but do not want to ruin your child’s summer break. Regardless of the unique considerations you have, it is crucial to handle family law matters appropriately—especially when children are involved.

For starters, you should try to keep your child in mind when working through these matters and it may be very helpful to have a discussion with them. By easing their concerns and providing answers to questions that are on their mind, you could reduce some of the uncertainty and negativity sometimes associated with family law topics. The summertime can be a great time to approach family law matters such as filing a divorce petition or dealing with child custody and other legal issues involving children. After all, when kids do not need to focus on schoolwork or be driven to school every day, these legal matters can be easier for parents to work through. However, each situation is unique and summer may not always work best.

Take the right steps to regain custody of your children

There's nothing more heartbreaking than an involuntary separation from your children. Most parents love their children in an intense and powerful way. However, what feels like a healthy and loving relationship can end up misinterpreted by other people. Sometimes, parents in Florida who truly love their children still lose custody of their children to the state.

For the parents who have gone through a juvenile dependency hearing or otherwise lost parental rights, the important thing to remember is that you still have options. You can seek to regain custody of your children, and there are certain steps you can take that will improve your chances of success.

Going through a divorce during pregnancy

There are many different reasons why people may struggle with a divorce, whether they are worried about the potential financial effects of splitting up with their spouse (being required to pay child support or alimony, property division, and so on) or are stressed out due to a custody battle. For some people, there are unique circumstances that can must be taken into consideration when it comes to the end of a marriage. For example, someone who is pregnant may be particularly worried about how a divorce will affect their life and their newborn.

If you are expecting, it is important to reduce stress for a number of reasons. Not only can this help you sleep better at night and improve your health during a pregnancy, but it may also help you secure a more favorable outcome in the courtroom. For example, if you are prepared for a custody dispute and have a better idea of what to expect regarding any family law matter, you may be in a better position to achieve the end result you are looking for.

Why might a parent lose custody of a child?

As a parent of a child, you know that one of the worst things you might experience is having that child removed from your custody. Even in circumstances where you know that you can improve as a parent, it is very likely that you want to keep your child in your custody and make it out of your current difficult season.

This is an understandable desire, but regulatory agencies that look after the well-being of children may remove a child from a parent's custody for number of reasons, if he or she violates certain guidelines severely or regularly enough to warrant it.

Emotions and the end of a marriage

Family law cases can bring a number of challenges in a person’s life, but some people are also able to find a brighter future and a new beginning. Each case is different and there are all sorts of factors that can affect how a family law case plays out in court. With divorce, there are many different issues that a person may encounter, especially if they have kids. For example, the division of marital property, spousal support, child custody and child support are just some of the legal issues that people may have to work through when they bring their marriage to an end.

While working through these matters, some people may experience strong emotions. For example, it is not uncommon for people who are ending their marriage to feel depressed, stressed out, or even upset. People who are struggling with these emotions should not let negativity take control of their lives or have a damaging impact on their case. By keeping emotions in check and avoiding some of the problems that others have encountered due to anger (sending threatening messages, etc.), people are likely to present themselves better in court and work towards a more favorable outcome. On the other hand, many people also experience positive emotions and feel optimistic with respect to their future.

Should we have a postnuptial agreement?

The last thing on most minds of newly-married couples in Florida is divorce. They are in love and cannot imagine not being together forever. However, all marriages go through struggles, and if they are not handled properly divorce may be the unfortunate outcome. Whether couples are currently going through some trials and tribulations, or they are still in the honeymoon stage, they may want to consider making a postnuptial agreement to protect them in the future or even protect their marriage.

ABC News reports that a postnuptial agreement outlines the same terms as a prenup except that it is entered into after the couple has already said 'I do.' This agreement lays out details regarding:

  • Division of assets and finances upon divorce
  • Child or spousal support
  • Debt incurrence
  • Division of chores and labor in the home
  • Settlement in the case of a sudden increase in wealth

Parenting tips for gay dads

Parenting is hard work, even when you're a mom or dad in a loving nuclear family. When you're a gay divorced or unmarried father, the hurdles are even higher.

But that's no reason not to be the best parent you can be to your offspring. Below are some parenting tips for gay dads in Florida.

  • Be open about your sexual orientation with your kids' teachers and daycare providers. There's no need to go into detail, but supplying them with this information can help them support your children in situations with classroom bullies.
  • Live an authentic life. You're not promoting a gay agenda by having your same-sex partner accompany you to parent-teacher conferences and other activities involving the kids. You're demonstrating that the two of you are committed to being fully involved in your children's lives.
  • Be open about your sexual preference with the parents of your children's friends. Some may not be as accepting as others, but it beats trying to hide something they will eventually discover one day.

Who pays for a child's medical expenses?

Divorcing couples in Florida have a lot to agree upon, especially if there are children involved. Not only do parents have to determine custody and parenting time, but they also need to figure out support and how the child's bills are going to be paid. A big consideration is health insurance and other medical expenses. Keeping the child's best interest in mind, parents should agree ahead of time who is responsible for what so that the child can get the best care possible without the worry of how it will be paid for.

According to FindLaw, the parent with the better employer-sponsored health benefits is usually responsible to cover the child's medical, vision and dental insurance plans. Things can get a little stickier, however, when it comes to uninsured medical expenses. These include the following:

  • Deductibles
  • Co-pays
  • Costs related to surgery
  • Eyeglasses
  • Casts
  • Braces
  • Additional costs that exceed the insurance company's contribution

A parenting agreement will change your future for the better

Are you going through a divorce? Do you have questions and concerns about raising your child or children in the future? Are you worried about keeping things in order in regard to parenting time?

There's no denying the fact that divorce will change your life in many ways, including the way you interact with your child. While this can be a change at first, the steps you take up front will help you achieve success down the line.

Establishing paternity and strong emotions

When it comes to establishing paternity, there are many different factors that unmarried couples, fathers, and mothers take into consideration. For example, a mother may believe that her child's other parent should pay child support as the biological father of a child, while a father may wish to establish paternity in order to spend time with their kids. Moreover, the establishment of paternity may result in a wide variety of strong emotions, from happiness and relief to anger or depression. As with all family law issues, people should handle these matters with care.

As a non-custodial parent who wishes to spend time with a child, establishing the child's biological father can be incredibly relieving. Likewise, a mother who wishes to prove that a man is her child's father may also feel relieved when he is determined to be the biological father of her child. After all, raising a kid can be incredibly expensive and stressful and those who are able to secure child support after proving that a man is the biological father may feel a sense of relief.

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Beverly L . Brennan Attorney & Counsellor At Law - Naples Florida

Beverly L. Brennan, P.A.
3033 Riviera Drive - Suite 202
Naples, FL 34103

Toll Free: 877-482-5176
Phone: 239-963-8895
Fax: 239-434-0114
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