12.17.08
Posted in Uncategorized, spousal support at 1:38 pm by carolann
Florida law provides that timesharing between divorced parents is arranged to suit the best interests of the children and is outlined in a parenting plan. Ideally, each parent should be able to spend as much time parenting his or her children as is possible. However, when one parent suffers from an addiction problem, establishing a parenting plan becomes more complicated. Many parents in Broward County struggle with addiction. Ongoing drug and alcohol abuse can threaten a parent’s livelihood and their ability to support children financially and emotionally. A parent’s problem with addiction may even have been a reason why the marriage did not survive.
Addiction to drugs or alcohol can have both a physical and a mental component. The parent’s dependence on a substance may override all of her other needs, including holding down a job and maintaining personal relationships. Sadly, someone with a substance abuse problem may not be able to properly care for her children due to extreme mood swings, child neglect, or other effects of the drugs or alcohol. In some cases, psychological addictions beyond traditional substance abuse – such as gambling and computer usage – can affect the parent-child relationship. Even if the children do not live with the addictive parent, the addiction can severely affect the parent’s ability to pay child support and to properly care for the children when they are in that parent’s care. At the very least, addiction issues impact the parent-child relationship.
If your former spouse has a problem with addiction, you should be concerned about your children’s safety. He could drive drunk with them in the car, use drugs in their presence, overdose, or just improperly supervise them. For this reason, it is important to document instances of the abuse and, as much as is possible, retain corroborating evidence of the problem and how it affects your former spouse’s day-to-day functioning and the lives of the children.
You may prefer that the addictive parent not be around your children at all. However, you should remember that family courts place a high priority on maintaining familial relationships, particularly the parent-child bond. A Fort Lauderdale area divorce lawyer can navigate through this process. The addicted parent could get limited, supervised timesharing or no timesharing at all.
Coordinating timesharing is an issue that requires cooperation between parents. Establishing a parenting plan that both parents can agree to and follow is ideal. An addictive parent makes that process more difficult, because they may not always be rational, they may have difficulty following the plan, and there is concern about what they are doing in the presence of the children.
If your former spouse has an addiction problem and you want this issue to be addressed in your parenting plan, it is important to have a Fort Lauderdale area divorce lawyer on your side. Children develop attitudes about alcohol and drugs at a very young age; studies also show that children of addictive parents are more likely to abuse substances themselves. You cannot change your former spouse or her behavior, but you can work to protect your children.
If you are going through a divorce in the south Florida area, contact Broward divorce attorney Carolann Mazza, P.A. for your free consultation today. From her office in Fort Lauderdale, Ms. Mazza serves Broward and Palm Beach Counties. Contact Carolann Mazza today at 954-527-4604. The office is located at 1040 Bayview Dr., Suite 605, Ft. Lauderdale, Florida 33304.
The decision to hire a lawyer should not be based on advertising. Carolann Mazza can provide you with information pertaining to her qualifications. This website is designed for general information, not legal advice. Accessing this site does not constitute the formation of the attorney/client relationship and should not be construed as formal legal advice. Please consult an attorney if you are in need of legal advice and representation.
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12.10.08
Posted in domestic violence, injunctions at 2:19 pm by carolann
Accusations of domestic violence in the Fort Lauderdale area lead to increasingly harsh consequences. Domestic violence can include battery, sexual violence, stalking, false imprisonment, and other acts committed by someone in your household, your current or former spouse, or a person you have been romantically involved with in the past. Although most domestic violence cases in the Fort Lauderdale area probably involve current or former romantic partners, a child can batter his parent or vice versa. Florida and other states have passed ever tougher legislation to combat the problem in an effort to protect the victims of this often silent crime. Public awareness of domestic violence has grown substantially in Broward County and elsewhere. Florida police and family courts have implemented special procedures to govern this sensitive issue.
Domestic violence is an issue that continues to challenge law enforcement and judges in Broward County and throughout the State of Florida. Being accused of domestic violence has far-reaching ramifications. If your spouse notifies the police, you could be arrested and taken to jail if they believe that you were the primary aggressor in the dispute. Florida’s mandatory arrest policy requires that one person involved goes to jail. You may have to post bail, attend numerous court dates, and be forced to miss work. You could go to trial, even if your spouse recants the story given to police, and could face a jail sentence or a hefty fine if you are convicted. The judge may enter a no-contact order that prevents you from going near your spouse, your children, and your home.
In addition to the criminal consequences, a domestic violence arrest or accusation has serious civil ramifications including the issuance of an injunction for the protection against domestic violence (commonly known as an injunction or a restraining order). The entry of an injunction will prevent you from returning to your home, contacting your family, and will require you to forfeit any firearms you may possess. The violation of a domestic violence injunction has potential criminal repercussions. If you have been accused of domestic violence recently or in the past, you should always be represented by an experienced Fort Lauderdale family lawyer.
A history of domestic violence in Florida, even if the allegations are unproven or blatantly false, will pose problems for you during divorce proceedings. Judges tend to err on the side of caution, especially when evaluating the best interests of your children. You could be denied timesharing with your children or receive only limited supervised timesharing. Unfortunately, in very bitter divorces, one spouse may accuse the other of domestic violence or other abusive behavior that never happened or is a gross distortion of the event that actually occurred. False accusations hurt the accused and their children. They are especially problematic because it diminishes the horrible circumstances many true victims have experienced. One spouse may allege domestic violence – even if there is no evidence or police report – in order to get what they want out of the divorce. Of course, because domestic violence does not always result in police contact, judges must be very careful in evaluating the situation and the credibility of each party.
An injunction is one of the most devastating measures a family member can face. If your spouse obtains an injunction in Florida, you will be unable to communicate with that person. You may not be able to see your minor children and it will severely complicate matters if you are trying to obtain a favorable divorce settlement. A Fort Lauderdale family lawyer can represent your side so that you can maintain a healthy relationship with your children.
If you have been accused of committing domestic violence, contact Carolann Mazza, P.A. Carolann Mazza is a Broward County family lawyer with experience in domestic violence, divorce, and all aspects of family law.
If you are the victim of domestic violence, take steps to protect yourself. Consult an experienced Fort Lauderdale family law attorney to obtain an injunction. Call the police anytime you are in immediate danger or if your spouse violates the terms of the injunction or no-contact order.
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12.05.08
Posted in Uncategorized at 5:42 pm by carolann
Florida child custody laws underwent significant changes on October 1, 2008. The old Florida child custody system presumed shared parental responsibility, with one parent being named the primary custodial parent of the minor children.. The Broward County family law judge could evaluate a multitude of factors to determine which parent would have primary custody, focusing on the best interests of the child: attachment between parent and child, possible visitation arrangements, the stability of the home environment, and the moral fitness of each parent, to name a few. The child’s preferences were taken into consideration if the child was older and relatively mature, but the child’s needs and best interests have always been the primary consideration.
The new Florida child custody law requires that divorced, separated, or never-married parents develop a parenting plan for raising their children and does away with the concepts of custody, visitation and primary/secondary custodial parents. The parenting plans are extensive and are intended to outline a timesharing schedule and cover issues such as providing for health care, education, and how the parents communicate with the children, among other issues. The family court evaluates numerous factors during the formation of a parenting plan or when considering a parenting plan developed by the parents themselves . These include some of the old factors and some additional factors, but ultimately, the emphasis is on the ability of the parents to co-parent their children..
The shift to parenting plans in Florida child custody law reflects a growing movement throughout the United States to reduce conflict among parents raising children in separate homes. The plans have been regarded as a positive shift in family law, promoting communication and cooperation between parents. Although the prior law in Florida preferred the participation of both parents, the new legislation more clearly emphasizes shared parental responsibility. Parents will share responsibility and are expected to collaborate in order to achieve the priorities they have set for their children, except in rare instances in which one parent’s involvement in the life of the children would be extremely detrimental to their well-being. A Broward family lawyer can help you with your parenting plan.
A parenting plan requires that the parents list their priorities. For instance, having the children remain in the same elementary school or church they have always attended could be priority both parents agree on, as they seek to prevent disruption in their children’s lives. Parents will need to reevaluate the plan periodically, particularly in light of certain circumstances. Restructuring the agreement will be necessary when parents remarry or move and as the children get older. For instance, parents may want to agree to consistent rules about dating as a child enters high school.
Parenting plans allow for more comprehensive shared parental responsibility. The plans offer parents the chance to find common ground on their children and values. Parenting plans cannot fix antagonistic relationships between parents or inadequate parenting skills. However, they can reduce the friction associated with custody battles in the midst of or following divorce. An experienced Broward County family lawyer can help you create a detailed parenting plan outlining all aspects of your shared parental responsibility.
If you are going through a divorce or sharing parental responsibility in the south Florida area, contact Carolann Mazza, P.A. for your free consultation today. From her office in Fort Lauderdale, Ms. Mazza serves Broward and Palm Beach Counties. Find out more information at http://www.cmazzalaw.com.
Contact Carolann Mazza at 954-527-4604. The office is located at 1040 Bayview Dr., Suite 605, Ft. Lauderdale, Florida 33304.
The decision to hire a lawyer should not be based on advertising. Carolann Mazza can provide you with information pertaining to her qualifications. This website is designed for general information, not legal advice. Accessing this site does not constitute the formation of the attorney/client relationship and should not be construed as formal legal advice. Please consult an attorney if you are in need of legal advice and representation.
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