Author: WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday February 27th, 2025.

Prenuptial agreements can help couples protect their assets and define financial responsibilities before marriage. However, if a couple moves to another state or files for divorce outside their original jurisdiction, it can be difficult to enforce the agreement. Each state has different laws, and a prenuptial agreement that is valid in one place may not hold up in another.

Why Prenuptial Agreements May Not Be Enforced in Every State

State laws (not federal law) govern prenup agreements. This means each state has its own rules about what makes an agreement valid. Some states strictly enforce prenups, while others review them more closely to ensure fairness​.

One major issue is that some states follow community property laws. These laws automatically divide assets equally between spouses when they separate. If a prenup conflicts with those laws, a court may refuse to enforce certain terms​. Courts may also reject a prenup if they find it unfair, one-sided, or lacking full financial disclosure at the time of signing​.

How Can You Strengthen a Prenuptial Agreement Across State Lines?

If a couple moves or owns property in different states, they should take steps to protect the agreement. Some of the things they can do include:

• Choice-of-Law Clause: A prenup should specify which state’s laws will apply in case of a dispute. Without this, the state where the divorce is filed may apply its own laws, which could weaken the agreement​.
• Full Financial Disclosure: Courts are more likely to enforce a prenup agreement when both spouses had complete knowledge of each other’s finances before signing​.
• Independent Legal Representation: If both spouses had their own attorneys when signing the prenup, courts are less likely to question its fairness​.
• Review and Update the Agreement: If moving to another state, consult an attorney to check if the prenup complies with local laws​.

We Can Help Protect Your Agreement Before It’s Challenged

A prenuptial agreement is only useful if it holds up in court. You can take extra steps before marriage to prevent future legal battles. If you need to create or update a prenup, Wickersham & Bowers can help ensure it is enforceable no matter where life takes you. Contact us today for a consultation.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday January 21st, 2025.

Divorce and custody fights are hard enough, but things can worsen when one parent starts turning a child against the other parent. Being alienated can feel like your own child is slipping away. Imagine being a loving parent, and suddenly, your child won’t talk to you, avoids visits, or acts like you have done something wrong—when you haven’t. It is heartbreaking.

Sadly, parental alienation is common in high-conflict custody disputes. The good news is that you are not powerless. Florida law recognizes how harmful parental alienation can be, and there are ways to fight back and protect your relationship with your child.

What Does Parental Alienation Look Like?

Parental alienation can be sneaky. Sometimes, it is obvious, like a parent saying bad things about the other in front of the child. Other times, it is more subtle—maybe the other parent “forgets” to pass along your messages or makes the child feel guilty for wanting to spend time with you.

Here are some signs to watch for:

• Your child suddenly shows anger or fear toward you without any clear reason.
• They start using language that sounds more like the other parent than their own words.
• They refuse to visit or even talk to you, even though things used to be fine.

How Florida Law Can Help

Florida courts care about what is best for your child, and they know that having both parents involved is usually the healthiest option. If you suspect parental alienation, you can take the following legal steps:

1. Change the Custody Agreement: You can ask the court to adjust custody or visitation if the other parent is harming your relationship with your child.
2. Request Family Counseling: Judges can order therapy for your child or even the whole family to help rebuild trust and communication.
3. Enforce the Rules: If the other parent is breaking custody agreements, they could face fines or lose custody rights.

Start Rebuilding Your Bond Today

Parental alienation can cause deep pain, but you do not have to face it alone. There are real, legal ways to protect your relationship with your child and stop this behavior in its tracks. Contact Wickersham & Bowers today and take the first step toward healing your family.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday December 19th, 2024.

Grandparents play a vital role in the lives of their grandchildren, often providing love, guidance, and stability. However, when family disputes or legal challenges arise, maintaining that connection can become difficult. In Florida, grandparents seeking custody or visitation rights must navigate a specific legal process designed to protect the child’s best interests. 

Understanding the Legal Framework in Florida

Florida law does not automatically grant visitation or custody rights to grandparents. Instead, courts prioritize parental rights, giving parents the authority to decide who interacts with their children. For grandparents, this means they must provide clear evidence that their involvement is necessary for the child’s well-being.

Visitation or custody petitions can be considered in certain situations, including:

• The child’s parents are deceased, missing for 90 days, or in a vegetative state.
• A parent is unfit due to issues like neglect, abuse, or incarceration.
• A parent poses a danger to the child’s safety due to violent or criminal behavior.

These strict conditions ensure that any legal action aligns with the best interests of the child.

Steps to Seek Visitation or Custody

1. File a Petition: The first step is submitting a detailed petition to the family court. This document must include information about the relationship with the child, the requested arrangement, and evidence supporting the claim.
2. Provide Evidence: Grandparents must prove that visitation or custody benefits the child. Evidence could include:
   • Documentation of a strong pre-existing relationship.
   • Witness testimonies from teachers, neighbors, or family members.
   • Medical or school records showing the child’s need for stability.
3. Attend Hearings: The court will hold hearings to assess the case. Judges consider factors like the child’s preference (if age-appropriate), the impact on the child’s daily life, and the relationship dynamics within the family.
4. Explore Mediation: Mediation may help resolve disputes without court intervention. This approach encourages cooperation and often leads to less stressful outcomes.

Strengthening Family Bonds Through Legal Means

The legal process for grandparents seeking custody or visitation can be complex, but it is designed to protect the child’s best interests. Whether through mediation or court proceedings, ensuring the child’s safety and stability remains the priority. For personalized guidance tailored to your case, contact Wickersham & Bowers today.