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June 2017 Archives

Planning to protect your future through a prenuptial agreement

While planning a wedding, the last thing you want to think about is the marriage potentially ending in the future. No one enters a marriage planning on it to fail, but there are ways that you can protect your legal and financial interests through a prenuptial agreement. 

Benefits of shared parenting

"Shared parenting" refers to a situation in which parents are divorced or separated and children spend roughly equal time with each parent. More than 80 percent of the time, mothers are awarded physical custody by a family court judge. However, shared parenting is increasing as a custody solution. In 2016, the Florida legislature passed a shared parenting bill, but it was vetoed by the governor. Several other states have passed laws that encourage shared parenting as the default in a divorce including Arizona, Wisconsin and Alaska.

Getting custody of a sibling

If a person in Florida has a brother or sister whose biological parents are abusive, neglectful or deceased, they may want to try to get custody of the sibling. If the parents are alive, it will be necessary to present proof of the parents' abuse or neglect. The situation will be quite different if parents are deceased. The custody process may then depend on whether the person is named as the child's legal guardian in the parents' will and whether other families are trying to get custody of the child as well.

Agreements for child support

Florida divorcing parents who have young children and who have concerns about paying or receiving child support should be aware that there are a few ways child support can be decided. Parents can opt to negotiate between themselves, use alternative dispute resolution methods or go through litigation. If the issue is resolved out of court, any agreement that is made will require the approval of the court to make sure that it is fair and is in compliance with state child support guidelines.

Does child support cease after a bankruptcy filing?

Child support payments, as Florida parents know, are usually very important for the well-being of a family. However, in some cases, the parent who is paying child support might file for bankruptcy and as a result might try to claim that the support responsibilities will cease and that any back-owed support will be wiped.

An alternative to traditional joint custody

Divorcing Florida parents might want to share custody, but they might be concerned about how moving back and forth between homes might affect their children's sense of stability during an already-difficult time. One potential solution to this is an arrangement known as "nesting." Nesting allows children to remain in their home while the parents take turns living there with them.

Blanton Law, P.A.

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Bradenton, FL 34203

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