On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Friday December 10th, 2021

When a child’s parents are officially separated, divorced, deceased, or unable to care for them, child custody rights dictate who will take over care of the child. The custodial parent is the name given to this person. 

The child’s needs, such as shelter, clothes, and food, are the custodial parent’s responsibility. Furthermore, the person given custody of the child is accountable for making critical life decisions on the child’s behalf.

In general, while assessing who should be granted custody rights, preference is given to the biological parents. Grandparents gaining custody of their grandkids is an uncommon occurrence. The court is the only one who may decide whether a parent is unfit to care for their child.

When Would the Court Give Grandparents Custody?

When the kid’s parents are either unable or unwilling to raise their child, a court may grant custody to the grandparents. 

The grandparents must show that they can raise the child; custody will not be given simply because they are the child’s grandparents.

The court will consider how long the parents have been unable to care for the child and whether the grandparents seeking custody have been caring for the child during that period. 

Things that would prove a parent unfit include:

• Failure to provide a safe home
• Endangering the child’s health or safety
• Abuse
• Neglect
• Drug or alcohol addiction
• Unable to care for the childe due to mental or physical disability 

For the court to grant custody to a grandparent, they would need to prove:

• They are able to  financially care for the child
• They are physically and mentally fit
• The child wishes to live with the grandparents
• An emotional bond exists between the child and grandparents

The court will assess if the petitioning grandparents are mobile and able to be present and active participants in the child’s upbringing to further clarify what they are asking for. 

The court will evaluate whether the grandparents are financially competent in providing for the child’s medical and day-to-day expenses while still meeting their own financial obligations. 

Finally, the court will consider how the child’s connection with other family members, particularly any living parent, may be affected if the grandparents are granted custody rights.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday October 12th, 2021

When parents split, the divorce settlement indicates who the children will reside with, and the child support also concludes the circumstances under which the other parent would meet the child. Parents frequently need to work out such arrangements, either voluntarily or with the help of their attorneys. However, if they cannot come to an amicable agreement, the court may step in to make the best decision in the child’s favor.

Matter of Consideration in Child Custody Decisions:

The court evaluates several variables while selecting who will receive custody. Although it can be challenging to ascertain, the court is focused on what will be the best option for the child. The parent who has been the primary caretaker is often the deciding factor. If the children are of legal age, the court will consider their wishes while making a custody judgment.

Some common factors influencing the court’s decision are as follows:

• Interaction and relationships with other family members
• Child’s age and their sex
• Parent’s mental and physical health
• Religious or cultural concerns
• Stable home environment
• School and community adjustments
• Evidence of drug or alcohol misuse
• Excessive parental discipline or emotional abuse

Types of Joint Custody Agreements:

Once the investigation ends, the Judge will decide between the following two custody types:

1. Joint Physical Custody

Joint Physical Custody entails the child living with both parents for “substantial periods”. The children will have “regular and continuing contact” with each parent.

However, this does not imply that the child has to spend equal time with both parents. The child would spend half of their time with the primary custodial parent.

2. Joint Legal Custody:

Joint Legal Custody is when both parents decide to share the right and obligation to make significant decisions for their child with mutual understanding. The decisions made may include:

• Childcare costs or schooling
• Child’s residence
• Religious entities or activities
• Health issues

Some differences may occur during the process of making these decisions, which may necessitate the court’s involvement.

Need Assistance? Contact Us Today:

The fear of losing your beloved child can cause severe and long-lasting anxiety. Thus, you must seek the assistance of a knowledgeable attorney to guide you through this challenging procedure. Contact us today to get a quote.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday September 13th, 2021

It is neither easy to be a victim of domestic violence nor is it manageable to fight a case against it all on your own. Dealing with a restraining order for domestic violence can lead to grave consequences.

Consequences of domestic violence 

1. Deportation: You may be vulnerable to losing your legal status in the United States. 
2. Imprisonment: It will cost you your freedom, with 1 to 3 years of jail time.
3. Time loss: You will be required to attend a conflict and accountability program for 52 weeks.
4. Financial loss: In some cases, you may be charged with a penalty of $10,000.
5. Career barriers: General livelihood and career is affected as the domestic violence charges will be added to your history.
6. Order to stay away from home: If your partner lives in the same house and is parenting a child, the court may order you to leave the house as it will interfere with the child’s upbringing.

However, there are cases in which the accusations on the individual are false. In that case, there are several ways to defend yourself.

False allegations: 

There can be different reasons why your partner would falsely accuse you of domestic violence. It can gain their benefits in the family court and help them to obtain custody of the child. However, defending yourself is your legal right. The attorney will help you conduct a background check of your partner for any history of false allegations they might have.

Self-defense 

If you want to protect yourself against any dangerous situation, you may use self-defense. However, it could be used against you in court to degrade your records. Moreover, the pressure on police to arrest the oppressor can also make them take the wrong decision at times. 

The attorney will help you find evidence of any past injury through medical history or photographs to prove that you are not the oppressor. Secondly, the complete story can also help you give an edge in the court. 

Accidental injury 

A fight can turn into an accident sometimes. Either your partner or the police can take advantage of the situation and arrest you in the case of domestic violence. However, you can defend yourself with the help of a skilled attorney. Proofs can be provided about how the whole incident happened with the help of the attorney. To know more, get in touch to book an appointment so that we can discuss your particular case in detail. 

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Wednesday August 11th, 2021

It can be difficult to know what is best for children or how best to keep them safe during an ongoing divorce. It is important to understand the rights and responsibilities that are in place from the moment a divorce petition is filed so that children are kept safe and both parties can come out of the divorce with their parental rights and relationships intact. 

Know the Rules During a Divorce 

Regardless of the situation, it is important to know that once a legal separation is granted and divorce proceedings begin, neither parent is allowed to take children out of the state in which the divorce is occurring. 

This is done to safeguard the children and to determine the state of the family at the time of the divorce. 

What this means though is that planned trips, vacations, or other activities may have to be put on hold while the process is ongoing. 

Be Honest and Forthright

It is important to include both parents in the divorce discussion and to be as open and honest as possible without blaming or shaming either parent during the conversation. 

It also helps to allow children to express their feelings and concerns as well as ask any questions they may have about what is going to happen moving forward. It is important to remember that while the divorce is going on, it’s not a good idea to discuss custody or living arrangements unless the courts have already made a decision regarding those facts. 

The goal is to make the process as smooth as possible for the children while handling the logistics of the divorce. 

Never Use Children as Intermediaries or Bargaining Chips 

Remember that the divorce should be settled by the parents, the courts, and the legal representatives on either side. This means that children should largely be kept out of the legal proceedings. 

Using the children to communicate with your spouse should never be an option. Neither is using your children to gain leverage or information on your spouse. 

At Wickersham and Bowers we know that divorces can be messy and painful endeavors, but that’s why it’s important to have the right legal representation to help make the process as simple and pain free as it can be. 

If you’re considering a divorce, contact us today for a consultation. 

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday July 12th, 2021.

Separation or divorce from a spouse or partner is never easy, especially when there are children involved. You will want to maintain as civil a relationship with your ex as possible. However, what should you do if you are concerned your ex is neglecting or abusing your children? Here are some tips you need to follow before you call child protection. 

Think Before You Call

First, you need to make sure that you separate the grievances you have with your ex from any perceived problems your children are experiencing. Even if you can’t stand the sight of your ex, your children most likely don’t feel the same way. Your parenting style and their parenting style may not be the same either. Your kids may come back to your house after a weekend visitation and tell you that your ex let them eat ice cream for breakfast–although it’s not what you would do, it also isn’t really causing your kids any harm. 

There are warning signs you can look for if you suspect your ex is neglecting your children while they are with them. If you have concerns, begin keeping a record of events. For example, if your child comes back home dirty, unkempt, and in the same clothes you sent them in, you need to make a note of it. Children who are neglected often go without food as well, or they are left unattended for long periods of time when they are not old enough to care for themselves. Write down all the information your children tell you, so that you can go to police or child protection services if you need to. 

Neglect is a far different problem than abuse is. If your children come home with bruises, cuts, or burns that cannot be explained, you may need to take additional action, especially if this occurs each time your child visits your ex. You need to take into consideration normal childhood bumps and bruises. Children get hurt all the time, because they are so active. However, if there is a pattern of “accidents”, or if you child tells you the “accident” occurred because the other parent was angry, you may need to make some phone calls, especially if your child required a trip to the hospital. Of course, nearly every state, including Florida, mandates that doctors and other medical staff report any suspicion of abuse to child protection services. Once you have a list of concerns, you may need to contact a lawyer in addition to protecting your child. That way, you may be able to have visitation changed, so that your children are always under supervision. 

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday June 14th, 2021.

Can You Get a Divorce if Your Spouse Just Up and Left?

When one spouse walks out on another, severs all ties, does not take care of their share of financial obligations, and has no intention of returning, this is called marital abandonment, or desertion. Abandonment is quite different from a separation, which occurs when a married couple agrees to separate, either temporarily or permanently. Separation is not abandonment unless the spouse that leaves refuses to provide support or take care of financial obligations without cause. In some states with fault-based divorce, this is known as “willful desertion,” and comes in two types.

Criminal Abandonment

Criminal abandonment occurs when one spouse no longer provides for the care, support, and protection of the other spouse who has health problems, or a minor child, without “just cause.” As an example, if your spouse came down with a terminal disease and you did not feel you could continue to take care of them, the court will not accept this position as grounds for divorce.

Constructive Abandonment

When one spouse makes it intolerable for their spouse to stay, the person leaving can claim constructive abandonment. Being abusive, having a chronic addiction, or adultery could be used as a claim for constructive abandonment.

Claiming Abandonment

Before you can claim abandonment as grounds for divorce, you have to make sure your state allows abandonment as grounds. Some strictly no-fault states will not allow you to use abandonment as a legal tool.

To use abandonment as grounds for divorce, you will have to prove to the court that abandonment really took place. You will need to prove, as the plaintiff, that the defendant left your home and has failed to meet their financial obligations for the required period of time in your state. You must also prove there was no just cause for your spouse to leave, for things like abuse, addiction, or adultery.

If you feel you may have been abandoned by your spouse, or if you aren’t sure and would like to talk to someone to clarify your situation, contact the Law Office of Wickersham & Bowers. Schedule an appointment with one of our attorneys today.