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Turco Legal Blog
Turco Legal Blog - Family Law and Foreclosure Law
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One element of the requirement in divorce proceedings that decisions that affect a child be in that child’s best interests is that maximizing the amount of time that the child spends with each parent generally meets that interest. A related consideration is how a parent’s request to relocate with a child after a divorce has been granted will impact the child. These considerations also play a role under any other circumstances that affect a child’s relationship with someone who has a parental role. Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney. To do so, just call our office at (561)472-0919 or click on "Palm Beach Family Law Attorney Contact Form" and complete a contact form. A father’s challenge to a trial court’s grant of a mother’s request to relocate from Florida to California with their ten-year old daughter in Valqui v. Rodriguez required that the Florida 3d DCA (appeals court) evaluate the validity of the approval to move.
A former spouse anticipating a check or other property that arguably is a marital asset can complicate equitable distribution in a divorce. This is often an issue when a spouse's compensation provides for a possible, but not certain, bonus. Here we deal with the issue in relation to a federal tax stimulus check. Whatever the asset, whether anticipated or contingent assets are marital requires analysis. On one hand, a reasonable expectation that that spouse will receive an asset makes it equitable favors an argument that it's marital. On the other hand, the possibility that the former spouse may not actually receive the anticipated item makes considering its value when making an equitable distribution inequitable. Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney. To do so, just call our office at (561)472-0919 or click on "Palm Beach Family Law Attorney Contact Form" and complete a contact form. The divorce case of Joshi v. Joshi came before the Florida 5th DCA (appeals court) on the former husband’s challenge to the manner in which the trial court divided the marital assets that he and the former wife had accumulated.
Does the judge have to let me present witnesses in a custody hearing? Yes. The rule is as follows. Section 61.518, Florida Statutes (2010), provides that “[b]efore a child custody determination is made under this part, notice and an opportunity to be heard . . . must be given to all persons entitled to notice.” When a court fails to give one party the opportunity to present witnesses or testify on his or her own behalf, the court has violated that party's fundamental right to procedural due process. L.C. v. A.M.C., 36 Fla. L. Weekly D989 (Fla. 2d DCA May 11, 2011) (addressing a domestic violence injunction); Smith, 964 So. 2d at 219 (addressing a domestic violence injunction); Smith v. Crider, 932 So. 2d 393, 398 (Fla. 2d DCA 2006) (addressing a temporary custody modification). Interested in scheduling a consutation with a Palm Beach Family Law Attorney? Just call (561)472-0919 and we will schedule a convenient time for you to speak with one of our experienced family law attorneys.
Can a judge order bridge-the-gap and nominal permanent periodic alimony? Yes. There are several types of alimony available under Florida law and the trial judge has considerable discretion in ordering alimony. A judge can even order a combination of alimony types if, considering the factors of Florida Statute 61.08, it's appropriate. Remember, on appeal the review will be for an "abuse of discretion." That's a high burden considering the broad discretion granted. Interested in learning about the rights you may have in your case? To schedule a consultation, call (561)472-0919 or click Contact a Palm Beach Divorce Attorney to fill out a contact form and we will follow up with you.
Although this case comes out of the 1stDCA in a series of published dependency opinions, the law covered is well settled. In this case the court reminds us that a parent has a fundamental right to be heard at a shelter hearing. A shelter hearing is a hearing during which a child may be taken from the custody by a parent at the petition of the Department of Children and Families. Clearly this is done in a narrow set of circumstances due to the gravity of the remedy. Whenever there is an extreme remedy, due process requirements are magnified. The idea is that when there is more to lose, there should be more procedural safeguards in place. Here the procedural safeguard is pretty logical: the parent's right to speak at the hearing. The whole idea of having a hearing is for the finder of fact, here it's the judge, to hear and weigh the evidence prior to applying the law and making an opinion. In this case, the judge only heard from DCF. Not much of a hearing. The parent left standing there is wondering why they even came. That's the point. Whenever such a hearing occurs, regardless of the allegations about mom or dad, the parent has a fundamental right to speak and failing to allow such is reversable. If you have a dependency case in Palm Beach County, consider discussing the case with a Palm Beach County Family Law Attorney. To schedule a consultation with a family law attorney in our office, just call (561)472-0919. K. G. MOTHER OF N.G., MINOR CHILD, Petitioner, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Respondent. 1st District. Case No. 1D11-2303. Opinion filed July 26, 2011. Petition for Writ of Certiorari -- Original Jurisdiction. (HAWKES, J.) Petitioner (the mother) appeals a shelter order placing her child in the care of the maternal grandmother. The mother argues the order was entered in violation of her due process rights as the trial court did not give her the opportunity to be heard during the shelter hearing. We agree with the mother and, on this basis, grant the petition for writ of certiorari.
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Posted by Administrator in Turco Legal , Palm Beach Gardens Family Law Attorney , Palm Beach Gardens Divorce Attorney , Palm Beach Family Law Attorney , Palm Beach Divorce Attorney , Palm Beach County domestic violence attorney , Palm Beach County Divorce Attorney , Florida case law , Florida , Fifteenth Judicial Circuit , dependency
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This case out of the 1st DCA reminds us of the fundamendal and constituionally protected right to due process. Due process protects us from the unjust taking of a fundamental right. In Florida that protection extends to representation in dependency hearings as a result may be the termination of parental rights. In this recent opinion out of the 1st DCA, a termination was reversed because the father, unrepresented by counsel at the shelter hearing, did not knowingly and intelligently waive his right to counsel, but the court proceeded on. The DCA notes that at the conclusion of the hearing, the father is appointed an attorney for his representation through the rest of the case, an indication the right at issue was top of mind for the judge. Dependency cases clearly have their share of complexity and deal with the fundamental right of parenting. If you have a dependency case and are seeking legal advice, I encourage you to schedule a consultation with a Palm Beach County Family Law Attorney. To schedule a consultation with an attorney in our office, just call (561)472-0919 and we'll coordinate a mutually convenient time to meet.
Here we have a dependency case out of the 5th DCA. Mother of the minor child's parental rights were terminated. The child was originally sheltered at age 14 months after the department of children and families investigated allegations of substance abuse and domestic violence. There was a case plan put in place with the goal of reunification. Mom and dad both failed to comply with the plan. Rather, their lifestyles continued to take precedence over the child's best interests. Substances overtook their lives and the child, it appears, only intermitently had contact with his/her parents.
Mom argues that there was insufficient evidence to terminate her parental rights. The 5th disagreed. This is another sad case of individuals having children and failing to care for them in the even the most fundamental way. Although we are genetically programmed to put our children first, substance abuse dulls instincts.
The answer is an unoquivical "YES."
This answer often shocks the person asking. "But how can that be?" I often here. Or, "How can they do that, he has to pay that money!?" Yes, yes. I know, it's frustrating and another very very good example of why you should have an attorney help you through your divorce. Unrepesented individuals often don't understand the details of these agreements and, wanting the matter to be overwith, they sign on the line.
If you would like to avoid costly mistakes like this in your divorce, I highly recommend you speak with a Palm Beach County Divorce Attorney. Call our office at (561)472-0919 to set up a good time for a consultation. Or contact us on our website by completing a contact form and we will follow up with you.
Not always. When a Final Judgment does not change any term of the support obligation contained in an Administrative Support Order, the Final Judgment is not a superseding order.
This is a child support order originating through an administrative action brought by the Florida Department of Revenue on behalf of the mother against the father. Rather than file an initial action in circuit court for child support, a parent may file an administrative action through DOR. In my experience, the process is long, but the repress ration is free to the applicant. However, ONLY child support may be addressed I these actions.
Once there is an administrative order, it can be enforced in circuit court. If there are changes to the award by the circuit court in its subsequent order, said order would supersede the prior order. However, when the circuit court order merely restates that which is in the administrative order, it does not serve to supersede. A bit technical, but it is worth discussing if you are the one in the middle of the process.
The answer is probably, but because everyone has their own definition of what one can "afford," the matter requires additional fact finding. Why? Becuase if this was a hard and fast rule, every payor would make their "expenses" greater than their income so that the could no longer "afford" to pay alimony.
If you would like to speak with a Palm Beach County Divorce Attorney about your case, please call the office at (561)472-0919 and we will schedule a convenient time to meet. Fore more information about the firm, check out the main page of our website at www.turcolegal.com.
Upon petition, the permanent alimony should be eliminated or reduced to nominal when payor's expenses exceed income.
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