Category: Family law

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.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Wednesday November 20th, 2024.

Child custody cases are often challenging, but the presence of domestic violence adds a layer of complexity that cannot be overlooked. Florida courts prioritize the safety and well-being of children above all else, and accusations or evidence of domestic violence heavily influence custody decisions. 

The Role of Domestic Violence in Custody Decisions

Domestic violence in Florida is defined broadly to include physical violence, emotional abuse, sexual assault, stalking, and other harmful behaviors. Family courts recognize the devastating effects these actions can have on children, even if they are not directly involved. Witnessing violence can harm a child’s emotional health and increase their risk of future behavioral issues.

To protect children, Florida law presumes that shared custody is ideal unless it would endanger the child. When one parent has a history of domestic violence, the courts are likely to limit their custody rights. Judges assess whether granting custody or visitation to the accused parent would jeopardize the child’s physical, emotional, or psychological well-being.

Factors Judges Consider in Cases Involving Domestic Violence

Judges evaluate several factors when domestic violence is a concern, including:

• Severity and History of Violence: The frequency and seriousness of the abusive behavior play a critical role. Evidence such as police reports, restraining orders, or witness testimonies is often reviewed.
• Impact on the Parent-Child Relationship: Judges examine how violence has affected the child’s emotional connection with each parent.
• Willingness to Change: Courts may consider whether the abusive parent has taken steps to address their behavior, such as attending counseling.
• Protective Measures: In cases where contact is allowed, supervised visitation may be required to ensure the child’s safety.

Protective Actions Parents Can Take

If domestic violence is part of your custody case, it is important to act. Victims can seek restraining orders, officially known as injunctions for protection, to keep abusers away. Courts may also develop detailed parenting plans to reduce risks, including supervised visitation or structured exchanges of the child.

Putting the Child First

If you are facing such a situation in Florida, understanding your rights and the legal processes is vital. For guidance tailored to your case, contact Wickersham & Bowers for personalized legal support.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday October 21st, 2024.

Going through a divorce can be challenging, and it is easy to overlook some of the less obvious things, such as your estate plan. After a divorce, there are often many loose ends, and if you do not update your estate planning documents, you could run into problems later on. Your will, trust, and even power of attorney can be affected. Let’s look at how you can make sure your plan reflects your new life situation.

Your Will and Trust Will Need Changes

One of the biggest changes that happens after a divorce is how your will and revocable trust are handled. Under Florida law, any part of your will that leaves something to your ex-spouse becomes invalid after the divorce unless you specifically state otherwise. This is important to know because if you do not update your will, the state may have to be involved in distributing those assets.

Similarly, if you had your ex-spouse listed as a beneficiary in your revocable trust, Florida law will treat it as though they predeceased you, meaning they no longer have a claim. If you do not update this, your trust might not distribute your assets the way you intend.

Update Your Beneficiary Designations

Do not forget about your beneficiary designations either. These are the people you have named to receive your life insurance policy or retirement accounts. After a divorce, Florida law automatically cancels your ex-spouse as the beneficiary unless you make it clear that you still want them to receive these assets. If you do not update these designations, the assets might end up being distributed by the state.

Power of Attorney and Health Care Decisions

If your ex-spouse was named as your power of attorney or health care surrogate, you will need to change that, too. In Florida, once you file for divorce, your ex-spouse’s authority as your power of attorney is revoked automatically. The same goes for health care decisions. It is a good idea to name someone else so that your ex is not the one making decisions for you if you become incapacitated.

Take the Next Steps

After a divorce, you must ensure your estate plan reflects your new reality. If you are unsure where to start or if you need help making these changes, reach out to Wickersham & Bowers. We can guide you through the process and ensure your estate plan reflects your wishes.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday September 23rd, 2024.

In 2023, Florida made some big changes to its alimony laws, which now impact many people going through a divorce. The passing of Senate Bill 1416 introduced new rules, including getting rid of permanent alimony. This update is important because it changes how alimony is awarded and calculated in the state. Here is what you should know about these new rules.

Permanent Alimony Is Eliminated

One of the most significant changes is the elimination of permanent alimony. In the past, a spouse could be awarded permanent support that lasted indefinitely, often until death or remarriage. Under CS/SB 1416, this option no longer exists. With this shift, Florida aligns with the growing trend across the country to move away from lifelong support.

The Four Types of Alimony in Florida

Although permanent alimony is no longer an option, Florida still recognizes four other types of alimony, depending on the needs and circumstances of the divorcing couple:

1. Temporary Alimony: This is awarded during the divorce proceedings to help cover immediate financial needs until the divorce is finalized.
2. Durational Alimony: Durational alimony provides support for a specific period, usually for marriages of moderate length. It is limited to 75% of the marriage’s length. For example, if a couple was married for ten years, the support can last for up to 7.5 years.
3. Bridge-the-Gap Alimony: This is capped at two years and is meant to assist with short-term needs, such as transitioning to a new home or lifestyle.
4. Rehabilitative Alimony: This type of alimony is capped at five years and is designed to help a spouse gain education or job training to become independent.

Stricter Alimony Guidelines

Another key change is the introduction of stricter guidelines for alimony calculations. Under the new law, alimony payments cannot exceed 35% of the difference in net income between the two spouses. 

Contact Us for Guidance

Florida’s new alimony laws are intended to create a fairer system. However, the changes may also create challenges depending on your situation. At Wickersham & Bowers, we are here to help you navigate these updates and make sure your rights are protected. Contact us today for guidance and support with your divorce proceedings.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday August 26th, 2024.

Family law is an essential aspect of public records, and it plays a fundamental role in cases like divorce and child custody disputes. After divorce, many parents find it hard to come to a mutual agreement on who should have custody of the children, prompting lengthy child dispute cases. Under such circumstances, family law comes into play to serve the best interests of the children.

Here’s an overview of how family law helps manage these child dispute cases. 

1. Categorization of Custody Types 

While addressing child custody disputes, family law starts by categorizing custody into different types: physical custody and legal custody. Physical custody defines where the children will reside, while legal custody defines who makes major decisions in the lives of these children. 

In other instances, both parents are given joint custody, meaning that both parties are equally involved in caring for their children. If one parent is given sole custody of the children, it means that the parent has more legal rights over the decisions involving the children. 

2. Adopting Child Standards 

Many parents claim to have the best interests of their children at heart, but this is not always the case. Child custody disputes are usually more about parents having their way and less about the best interests of the child. Family law plays a critical role in adopting the Best Interest of the Child Standard. 

This overarching principle guides the court in making decisions, especially after evaluating different factors, such as:

• The ability of each parent to meet the children’s basic needs.
• The wishes of the children, depending on their age and maturity.
• The children’s safety and health concerns.

3. Parenting Plans

Finally, family law helps create parenting plans. Parenting plans include specific details on where the child or children will live, visitation schedules, and how decisions involving their education and healthcare will be made. Parenting plans are critical in minimizing conflicts by outlining the responsibilities and schedules of both parties. 

Need Help with a Child Custody Dispute?

Family law is unchanging, and it is upon its provisions that the courts make decisions on where your child lives and where they attend school. For personalized guidance through your child custody dispute, contact Wickersham & Bowers today.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday July 18th, 2024.

Generally, paternity is the official recognition of a father-child relationship. Once recognized as a father, a person becomes eligible for custody and visitation rights and can legally make decisions for the child. In other words, they assume the obligation to contribute to the child’s upbringing.

Steps to Establishing Paternity

While the specific procedures are different from state to state, here are the common steps to establishing paternity rights in the U.S.

Signing the Birth Certificate

The easiest and most cost-effective way to get recognized as a father is to sign the child’s birth certificate. Birth certificates are legally valid documents, and the father listed on a birth certificate is typically conferred with paternal rights unless proven otherwise. In some states, signing the birth certificate is a simple and straightforward process, while some states require the parents to sign an Acknowledgement of Paternity (AoP) if they’re unmarried.

Taking a DNA Test

If there are doubts as to who the real father of a child is, the alleged fathers can proceed to perform DNA testing, either before or after the child is born. DNA tests are usually 99.9 percent accurate and can be used as evidence in court. A DNA test can be voluntary on the part of the father or it can be ordered by the court.

Court-Ordered Paternity

Generally, courts seek to act in the best interests of the children involved in paternity suits. As such, a court can designate paternity through administrative processes if it considers the other options to be untenable. This usually happens in cases where a child was born when the parents were legally married. 

A court may also consider someone to be a father if they have acted in a fatherly capacity in some way. This may be in the form of financial support. In such a case, DNA testing may not be necessary to assign paternity.

Talk to a Family Lawyer

At Wickersham and Bowers, we offer legal assistance for all paternity and family law matters. Call us today and schedule a consultation with our family law attorney.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday June 17th, 2024.

A divorce can be a lengthy, complex, and expensive legal battle, taking a toll on your health, emotions, and finances. Fortunately, divorcing couples can opt for less-straining divorce proceedings. One option is an uncontested divorce settlement. A divorce attorney can help determine if an uncontested divorce is a practical route to consider.

Understanding an Uncontested Divorce Settlement

An uncontested divorce is a legal process where both spouses amicably agree on all aspects of ending their marriage without going to trial. The divorce settlement agreement covers legal issues such as child custody and support, marital property distribution, debt repayment, alimony, and grounds for divorce. While an uncontested divorce doesn’t usually go to trial, a judge must approve your settlement agreement and sign your divorce decree.

Eligibility Requirements for an Uncontested Divorce Settlement

An uncontested divorce settlement agreement is a quick and straightforward way to get divorced. However, not all couples are eligible for an uncontested divorce. The court will not grant an uncontested divorce if one party does not agree to the divorce or complete the filing process. You can only qualify for an uncontested divorce if both parties agree to the divorce and there are fault or no-fault grounds for divorce. The settlement agreement must be fair and in the best interests of their children. The couple must meet the waiting period, filing, and residency requirements to be eligible for an uncontested divorce settlement.

Benefits of an Uncontested Divorce Settlement

The benefits of an uncontested divorce settlement agreement are numerous. It is quick and straightforward, especially if both parties agree. It also helps couples save on costly divorce proceedings and preserve an amicable relationship as they work toward a common goal.

Get Legal Help With an Uncontested Divorce Settlement Agreement

While uncontested divorce settlements do not go to trial, you still need the services of an experienced divorce attorney for legal guidance and to ensure a favorable outcome. Your attorney will draft and review your settlement agreement to safeguard your legal rights and interests. Our attorneys at Wickersham and Bowers can help you get through an uncontested divorce settlement agreement. Contact us today to schedule your free consultation with our lawyers.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday May 20th, 2024.

Unlike civilian divorce, which is guided by state law, military divorces have unique legal considerations. In particular, divorces involving active duty members of the military are guided by the Uniformed Services Former Spouses Protection Act (USFSPA). The Act is a federal law, and it outlines both the divorce process as well as the rights and benefits of divorced military spouses. 

Financial Benefits

The primary aim of the USFSPA was to determine how disposable retirement pay for military employees should be handled in divorces. According to the Act, a service member’s disposable retired pay is considered marital property, just like in civilian divorces. However, the Act leaves it to the court to determine the former spouse’s specific share based on factors like marriage duration and service length.

Additionally, the USFSPA introduces a system known as the 10/10/10 Rule. The rule states that a service member’s former spouse may be eligible to receive retirement pay directly from the Defense Finance and Accounting Service (DFAS). The marriage duration must be at least 10 years and has to overlap with at least 10 of the service member’s years of service.

When it comes to child support, the USFSPA leaves it to civilian courts to determine how much a service member’s income can be garnished. However, the Act limits child support deductions to 50% of a service member’s disposable retired pay.

Healthcare Benefits

The healthcare benefits of a divorced military spouse are provided by TRICARE, the military’s health insurance program. A divorced spouse of a service member can receive TRICARE benefits if their marriage met the 20/20/20 Rule. That is, the marriage lasted at least 20 years, the service member served at least 20 years, and there was at least a 20-year overlap between the two. If these conditions are met, the divorced spouse may get to keep their military ID cards and get full health benefits.

Notably, a former military spouse can keep their health benefits even if they don’t meet the 20/20/20 rule. For instance, the spouse may also keep their benefits if they are disabled or have a child with a serious medical condition.

We Can Help

Getting through a divorce is not easy, but you don’t have to go through it alone. Our dedicated team of divorce attorneys at Wickersham and Bowers can help you determine and subsequently pursue the benefits you qualify for. 

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday April 23rd, 2024.

In recent years, the rise of social media has dramatically transformed various aspects of our lives, including how we navigate the sensitive terrain of divorce proceedings. A platform once meant for connection and sharing has now become a significant factor in legal separations, influencing decisions in courtrooms across the globe.

Social Media as Evidence

One of the most significant impacts of social media on divorce proceedings is its role as a source of evidence. Posts, messages, pictures, and even ‘check-ins’ can paint a vivid picture of a person’s lifestyle, spending habits, and social interactions. In custody battles, these digital footprints are often scrutinized to assess parenting behaviors and capabilities. Financial settlements can also be influenced by social media content that reveals undisclosed assets or expenditures.

Privacy and Perception

The illusion of privacy on social media is another crucial factor affecting modern divorces. Individuals often feel a false sense of security behind their screens, leading them to share information they wouldn’t in person. This oversharing can impact how individuals are perceived in court, especially when it comes to matters of character judgment. Moreover, the emotional toll of publicizing a divorce on social media platforms can add an additional layer of stress and conflict to the already challenging process.

The Double-Edged Sword

While social media can negatively impact divorce proceedings, it also offers a valuable platform for emotional support and essential information. Many find solace, guidance, and advice in online communities while navigating the complexities of divorce with others who have shared similar experiences, fostering a sense of solidarity.

Get the Personalized Guidance You Deserve

At Wickersham and Bowers, we understand the nuanced role of social media in modern divorce proceedings. Our experienced team is adept at navigating this digital landscape, ensuring that your rights and reputation are protected. We offer comprehensive services, from handling evidence derived from social media to providing guidance on managing your digital footprint. Embrace your new beginning with Wickersham and Bowers—where experience meets empathy. Connect with us today for a consultation, and let us guide you through every step of your journey.