Family Law | Arwani Law Firm https://www.arwanilawfirm.com Tue, 23 Apr 2024 16:07:21 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Relocating With Your Child After Divorce: How To Help Your Child Cope https://www.arwanilawfirm.com/relocating-with-your-child-after-divorce-how-to-help-your-child-cope/ Thu, 25 Apr 2024 10:00:27 +0000 https://www.arwanilawfirm.com/?p=18333 Read More »]]> After a divorce, there are several reasons why a parent would want to relocate with their child. However, in Florida, the law is strict about relocating with a minor child after a divorce. Parents must follow the law when relocating with minor children. Otherwise, they may face legal consequences. According to Florida law, if a parent wishes to move with their child more than 50 miles from the principal place of residence at the time of the last order establishing or modifying time-sharing for at least 60 consecutive days, they must inform the other parent and obtain their consent. If the other parent refuses to consent, the parent who wants to relocate can petition for relocation. If the court finds it is in the child’s best interest to relocate, it will grant a court order allowing the parent to relocate with the child.

If you have gotten consent from your child’s other parent to relocate with your child or the court has permitted you to move with your child, you may be wondering how you can help your child cope with the move. Relocation can be hard on children, especially when the move is accompanied by another significant change in the child’s life, such as divorce. To make relocating with your child after divorce easier, the following are some of the steps you can take;

  1. Explain Why the Move Is Necessary

It is vital that your child understands why the move is necessary. When your child understands why it is necessary for you to move, it can help them cope with the upcoming changes. It can reduce uncertainty and anxiety by providing a sense of predictability and understanding.

When explaining why the relocation is necessary, remember to use age-appropriate language. Additionally, be patient with your child, listen to them, and reassure them.

  1. Familiarize Your Child With the New Area

You can use photos and maps to familiarize your child with the new area. You and your child can even visit the place in advance. Familiarity can make the transition less overwhelming for your child. Familiarizing your child with the new area can help reduce anxiety and the fear of the unknown.

  1. Tell Your Child About the Advantages of Moving

Another thing that can help make relocating with your child easier is describing good things about the place you plan to move to that your child might appreciate, such as amusement parks, lakes, and mountains.

  1. Make the New House Feel Like Home

When relocating with a child to a new place after a divorce, you want to ensure you make their new house feel like home. You can do this by allowing your child to help you decorate the house and participate in designing or furnishing their room. Additionally, to make the new house feel like home, let your child move with their favorite things, such as blankets and toys.

  1. Help Your Child Maintain Previous Relationships

Finally, you can make relocation easier on your child if you help them keep in touch with friends from the previous neighborhood or school through calls, letters, or personal visits.

Contact Our Orlando Family Lawyer

Relocating with a child after a Florida divorce is complicated. You should speak to an attorney to ensure you follow Florida’s strict laws. Contact our Orlando family lawyers at The Arwani Law Firm to discuss your case.

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Questions To Ask Before Marriage That Can Reduce the Chances of Divorce https://www.arwanilawfirm.com/questions-to-ask-before-marriage-that-can-reduce-the-chances-of-divorce/ Thu, 07 Mar 2024 11:00:00 +0000 https://www.arwanilawfirm.com/?p=18319 Read More »]]> Love is a powerful and essential foundation of a successful marriage. However, the truth is that love alone is often not enough. It is crucial that before couples get married, they address important issues. Before tying the knot, partners need to ask each other certain important questions that can help them better understand each other and align their values and expectations. Some topics may seem irrelevant before marriage, but they might become relevant in the future. Not discussing these topics can lead to problems down the road. Couples that fail to address crucial issues before marriage can face major problems in their marriages that result in divorce. The truth is many divorces can be avoided if couples communicate openly before tying the knot. In this article, we share some of the crucial questions partners should ask each other before getting married that can reduce the chances of divorce.

  1. How will we handle our finances after we get married?

One of the leading causes of divorce is money problems. Therefore, one of the most important topics to cover before marriage is the topic of finances. Before getting married, it is important for spouses to understand if they will join finances. If a couple plans on combining finances after marriage, it is crucial that they understand how they will do that. It is important that spouses discuss how household finances will be handled. Will one person take care of the bills, or will you do it together? Consider how savings, debts, and investments will be handled.

  1. Do you want children?

Another crucial topic that partners need to address before they get married is the topic of children. If spouses cannot agree on whether or not they want children, it can cause problems in the marriage. Also, spouses who want children must be on the same page about how they want to go about it. When do you want to have children? Do you wish to adopt or have children naturally?

  1. What is your parenting style?

If both individuals want children, the next important thing to discuss is how they will parent them. Couples should talk about how they will share parental responsibilities. Will one party need to stop working and stay home with the children? Will one party expect the other to do all the parenting?

If one party already has children and is bringing them into the marriage, discussing the new parent’s role in the children’s life is crucial.

  1. How will we be resolving conflict?

One of the strategies that can help a marriage succeed is coming up with ways of resolving conflicts before they arise. Questions to ask that can help you create a way that you both agree can help with conflict resolution include;

  • Do you get angry easily?
  • How do you handle stress?
  • Do you prefer to talk about an issue immediately or calm down first and revisit the issue later?
  • Are you willing to seek outside or professional help?
  1. What is your communication style?

Finally, before individuals marry, they must understand each other’s communication style. Yes, you need to communicate about communication. Does one party communicate better in writing? Does one party need time to think about things? Discussing communication styles is crucial, as effective communication is one of the backbones of a healthy, happy, and successful marriage.

Contact Us for Legal Help

Contact our Orlando family lawyers at The Arwani Law Firm if you want to discuss a family law-related matter.

Source:

moneymanagement.org/budget-guides/combine-your-finances-after-marriage

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Tips for Finding a Family Law Mediator https://www.arwanilawfirm.com/tips-for-finding-a-family-law-mediator/ Thu, 22 Feb 2024 11:00:04 +0000 https://www.arwanilawfirm.com/?p=17245 Read More »]]> Litigation is not your only option when dealing with a family law matter, such as a divorce or a timesharing dispute. One alternative dispute resolution (ADR) method that can help you navigate a family law matter is mediation. Mediation involves working with a neutral third party called a mediator. Disputing parties meet with the mediator, and the mediator helps them reach an agreement. Mediation helps parties communicate with each other and work together to reach a solution. With mediation, disputing parties can save a lot of time and money. However, mediation can only succeed if you choose the right mediator for your case. This article shares some tips for finding a family law mediator. But before that, we discuss when you should hire a mediator.

At What Point Should You Hire a Mediator?

Often, people assume that mediation is only for divorcing couples. This is farthest from the truth. You can hire a mediator to help you with any family law matter. Mediators can help resolve timesharing disputes, child support disputes, paternity disputes, and any other family law dispute. And when it comes to when you can hire a mediator, you should know that it is never too late to hire a mediator. You can hire a mediator before going to court or during court proceedings. The court may require you to hire a mediator before holding a trial or hearing, but even if the court does not ask you to try mediation, you can hire a mediator while your court case is pending. Finally, you can hire a mediator even after a court order has been entered. For example, if there is a timesharing order in place, and you and your co-parent find yourselves disagreeing on a significant issue, you can try resolving your issues through mediation.

Tips for Finding a Family Law Mediator

One of the quickest ways to find a family law mediator is by asking for referrals. You can ask for recommendations from, among others;

  • Family and friends
  • Your therapist
  • Your marriage counselor
  • The local courthouse
  • Family law attorneys
  • Online directories
  • Online forums and communities

Once you have gotten recommendations, conduct research on potential mediators. Some of the things to look for in a family law mediator include;

  • Appropriate training
  • Experience
  • Specialization in family law
  • Subject-matter knowledge
  • Neutrality and impartiality
  • A personality that fits
  • Excellent communication skills

Before hiring a mediator, it is crucial to interview them. The questions you ask potential mediators should be aimed at helping you decide whom to hire. The following are some of the questions to ask a family law mediator before hiring them;

  • What kind of training do you have?
  • What kind of cases do you mediate?
  • How many similar cases have you handled?
  • Do you need to be a certified mediator in our state, and if so, are you certified?
  • How long have you been mediating family law cases?
  • Why are you a good fit for my case?
  • What are your fees, and what do those fees include?
  • How will you mediate my case?

Contact an Orlando Family Lawyer

If you are dealing with a family law dispute and need legal help or help finding a mediator, contact our Orlando family lawyers at Arwani Law Firm.

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6 Qualities of a Competent Family Lawyer https://www.arwanilawfirm.com/6-qualities-of-a-competent-family-lawyer/ Thu, 30 Nov 2023 11:00:19 +0000 https://www.arwanilawfirm.com/?p=15839 Read More »]]> Dealing with family law-related issues can be difficult. Whether you are about to get a divorce or dealing with other issues like child support, domestic violence, or adoption, it is best that you retain a family lawyer. However, it is not enough to hire any attorney. You need to hire a competent one who can protect your rights, fight for you, and guide you every step of the way. But how do you choose the right lawyer?

Choosing the right family law attorney to help with your case can be challenging. To ensure you choose a competent lawyer, you need to know what to look for. You need to understand the qualities that make up a competent lawyer. Below, we share some of the qualities a competent family lawyer should have;

Experience

One of the most crucial qualities to look for in a family lawyer is experience. The right family lawyer has experience in handling family law cases like yours. An experienced attorney is more likely to understand the laws that apply to your case. A lawyer with experience is likely to understand better the interpretation and application of the laws that apply to your case. Additionally, an experienced attorney can predict potential issues that might arise in your case and prepare effective strategies for dealing with the problems.

Good Communication Skills

Your family lawyer should be able to get their points across to you in a manner you understand. If you cannot understand most of the things a family law attorney says, then hiring them may not be wise.

Good Listening Skills

A family lawyer should listen to their clients. They should avoid doing all the talking. How will a lawyer know what you want to achieve at the end of the case if they don’t listen to you? How will they know what victory looks like to you? If a family lawyer listens to you during the consultation meeting, it is a sign they will listen to you throughout your case as it progresses. On the other hand, if an attorney does all the talking during the consultation meeting, it may be a sign that even during your case, they won’t listen to you.

Patience

You are going through a difficult time. You need an attorney who can be patient with you as you deal with your emotions. However, it does not mean it is okay for you to allow your emotions to take control and then expect your attorney to figure things out. That said, the right attorney should be able to help you manage your feelings if you allow them.

Objectivity

You need a lawyer who objectively looks at evidence, facts, and your entire case. You need an attorney who gives you the strengths and weaknesses of your case and looks at all the reasonable options the court has.

Courtroom Experience

Finally, it is vital that you check if an attorney has courtroom experience. If your case goes to court, you want to have someone by your side who can present your case in front of the court in the best way possible. You want a lawyer who can argue persuasively and confidently in court.

Contact an Orlando Family Lawyer

Our Orlando family lawyers at the Arwani Law Firm can help you with your case. Contact us today to schedule a consultation.

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Understanding Florida’s New Timesharing Laws https://www.arwanilawfirm.com/understanding-floridas-new-timesharing-laws/ Thu, 26 Oct 2023 10:00:07 +0000 https://www.arwanilawfirm.com/?p=14941 Read More »]]> Recently, the Governor of Florida, Ron DeSantis, signed a bill into law regarding timesharing. First, House Bill 1301 creates a presumption that it is in the best interests of a child for parents to be awarded equal timesharing during a divorce or timesharing dispute. However, this presumption is rebuttable. Second, HB 1301 deletes the requirement for a parent seeking to modify a parenting plan timesharing schedule to prove that the substantial change in circumstances was unanticipated. Third, the new law requires the court to evaluate certain factors and provide written findings when creating or modifying a timesharing schedule. Additionally, HB 1301 authorizes modification of a timesharing schedule under certain circumstances. Read on to learn more about the changes to Florida’s timesharing laws, which took effect on July 1, 2023.

Equal Timesharing

The first major change that HB 1301 brought about is that there is now a presumption in Florida that equal timesharing is in the best interests of a minor child. Before HB 1301 was signed into law, Florida did not have a presumption in favor of any specific timesharing schedule. Indeed, Florida courts have always believed that each parent has the right to be awarded custody of their child. However, when determining the best timesharing schedule, Florida courts considered the child’s best interests and assessed several factors affecting the child and the family. Now, Florida courts must operate under the presumption that awarding equal timesharing is what is in a minor child’s best interests when creating or modifying a parenting plan.

However, as a parent, you can rebut that presumption, but you should know that the law provides a standard of evidence to rebut the presumption. To rebut the presumption, you must prove by a preponderance of the evidence that a 50/50 timesharing schedule is not in your child’s best interests. This entails showing that there is more than a 50% chance that equal timesharing is not in your child’s best interests.

According to HB 1301, unless you and your child’s other parent have agreed to a court-approved timesharing schedule, the court is required to assess all factors under the statute and provide the findings when creating or modifying a timesharing schedule.

Changes to Rules Governing Modification of Parenting Plans

Regarding the rules governing the modification of parenting plans, HB 1301 brought about some notable changes. One notable change is that a party seeking to modify a parenting plan or timesharing schedule no longer has to prove that the change in circumstances was unanticipated. They only need to prove that the change is substantial and material.

Another change that the signing of HB 1301 brought about to the rules governing the modification of parenting plans is that if parents live over 50 miles apart when the last timesharing order is entered, and then one parent moves within 50 miles of the other parent, that may be considered a substantial and material change in circumstances that warrants a modification of the timesharing schedule.

Contact Us for More Information

If you need more information on the new timesharing laws, contact our Orlando family lawyers at The Arwani Law Firm.

Source:

law.cornell.edu/wex/preponderance_of_the_evidence

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Decisions That Parents With Shared Parental Responsibility Should Make Together After A Divorce https://www.arwanilawfirm.com/decisions-that-parents-with-shared-parental-responsibility-should-make-together-after-a-divorce/ Thu, 20 Apr 2023 10:00:54 +0000 https://www.arwanilawfirm.com/?p=11080 Read More »]]> In Florida, crucial child-related decisions must be made when parents get a divorce. One of the most vital child-related decisions Florida courts make when parents divorce is how to divide parental responsibility. Parental responsibility is a parent’s legal rights, responsibilities, power, and authority over a child. If a person has parental responsibility for a child, they have the right to decide about their (the child’s) care and upbringing.

In Florida, courts believe in awarding shared parental responsibility. According to Florida Statute 61.046, this is when both parents share equal rights and responsibilities with regard to their child. Shared parental responsibility is when parents jointly consult each other before making major decisions affecting their child’s welfare. A Florida court will only decide not to order shared parental responsibility if such an arrangement is detrimental to the child. For example, a history of domestic violence may lead to the court not ordering shared parental responsibility.

After the court orders shared parental responsibility, there are several decisions both parents are required to make together. The following are some of these decisions;

Education

One of the major decisions parents with equal rights and responsibilities in respect to their child and their upbringing should make together is the decision about their child’s education. One parent may want their child to be homeschooled, while the other wants their child to be part of the traditional school system. Also, one parent may want their child to attend a public school, while the other may want their child to attend a private school. In a shared parental responsibility situation, both parents should consult each other before making a decision about their child’s education. Both parents should consent before a final decision is reached.

Healthcare

Several medical procedures can cause conflicts between parents. For example, the COVID-19 pandemic led to varying opinions on subjects like vaccinations. Some parents were okay with their children getting vaccines, whereas others were against it. Other medical procedures that can cause conflicts between parents include hormone treatment and gender-reassignment surgery. Under a shared parental responsibility system, parents have an equal say in these and other medical-related matters.

Religion

Different religious views can cause major problems between parents. For example, if one parent converts to Islam after remarriage and the other remains a Christian, a disagreement may arise over which religion the child should follow. Disagreements may also arise if a child wishes to join a particular religious group on their own. While one parent might be okay with their child’s decision, the other might feel concerned about their child’s decisions. Again, under a shared parental responsibility system, both parents are required to consult each other and make a decision together.

Other Decisions Parents With Shared Parental Responsibility Should Make Together

The above mentioned issues represent three major decisions parents with shared parental responsibility should make together. However, there are many other decisions parents with shared parental responsibility should make together, including the following;

  • Decisions on when a child is allowed to date
  • Decisions on when a child can attend summer camp
  • Decisions on when a child can drive
  • Decisions on how a child should be disciplined

Contact an Orlando Family Lawyer

If you need assistance with a family law-related matter, do not hesitate to contact a qualified Orlando family lawyer at the Arwani Law Firm.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.046.html#:~:text=(17)%E2%80%83%E2%80%9CShared,be%20determined%20jointly

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Ways Of Dealing With Parental Alienation During Divorce https://www.arwanilawfirm.com/ways-of-dealing-with-parental-alienation-during-divorce/ Thu, 16 Mar 2023 10:00:22 +0000 https://www.arwanilawfirm.com/?p=9873 Read More »]]> Deciding on a parenting plan, child support, and the best way to co-parent can add a level of complexity to the divorce process. However, while it is understandable for emotions to run high when going through a divorce as a parent, it is crucial that divorcing parents minimize exposing their children to conflict and negative behaviors. Children can be adversely affected if they are exposed to such things. Specifically, for the well-being of children and legal reasons, it is vital for divorcing parents to do their best to prevent parental alienation.

That said, if you are going through a divorce and parental alienation is present, it’s crucial that you understand how to deal with the situation. Below, we discuss the meaning of parental alienation and ways of dealing with parental alienation during a divorce.

What Is Parental Alienation?

Parental alienation emerges when a child becomes extremely hostile and rejecting of one parent. Unfortunately, the impact of parental alienation on a child’s life can be devastating. Some common negative effects of parental alienation on children include;

  • Loss of self-respect
  • An impaired ability to establish and maintain meaningful relationships
  • Educational problem
  • Lowered self-image

During a divorce, a parent can use different strategies to achieve parental alienation. But some of the commonly used strategies include the following;

  • Speaking negatively about the other parent in front of the child
  • Interfering with the communication between the child and the other parent
  • Talking about the divorce with the child

When it comes to determining if parental alienation is present, the following are some behaviors to look out for in your child;

  • Your child expresses a relentless hatred toward you
  • Your child’s beliefs are irrational
  • Your child does not feel guilty about how they treat you
  • Your child does not want to spend time with you

Ways of Dealing With Parental Alienation

If you are a parent going through a divorce and believe parental alienation is present, the following are some of the ways to approach the situation;

Consider Therapy

If you have noticed signs of parental alienation, you should avoid confronting your child about the other parent’s behavior. If you confront your child, it might only alienate them further. Instead of confronting your child, consider therapy for you and your child. Therapy can allow your child to explore their feelings.

However, you should keep in mind that your child may be unwilling to try therapy. If your child is unwilling to try therapy, you should avoid forcing it on them.

Do Not Reciprocate Parental Alienation

While it is painful to be the parent on the receiving end, you should do your best to avoid trying to ruin the relationship between your child and the other parent. If you try to do this, it can worsen the situation and result in legal consequences.

Consult an Attorney

If you are a parent going through a divorce and believe parental alienation is present, consult a qualified family attorney as soon as possible. An attorney can help you evaluate your legal options and determine how to pursue the best outcome.

Consider Exploring Legal Avenues

Sometimes the court is the right avenue for addressing cases of parental alienation. The court may issue certain remedies, such as ordering family therapy. An attorney can help you determine if going to court is the right avenue to address parental alienation.

Contact an Orlando Family Lawyer

To schedule a consultation with a qualified Orlando family lawyer at the Arwani Law Firm, call us at 407-254-0060 or fill out our online contact form.

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Maintaining Financial Health After A Divorce https://www.arwanilawfirm.com/maintaining-financial-health-after-a-divorce/ Thu, 16 Feb 2023 11:00:27 +0000 https://www.arwanilawfirm.com/?p=9868 Read More »]]> After divorce, moving forward financially as a single person can be overwhelming. After a divorce, adjusting to a new standard of living may be necessary. Indeed, some people are awarded alimony, but even with alimony, you may need to adjust to a new standard of living.

If you recently got a divorce, learning how to maintain financial health is vital. Read on to learn how you can maintain financial health after a divorce.

Why Do People Suffer Financially After a Divorce?

According to research, the financial effect of divorce on a person can last years. Some divorced spouses take up to five years to recover financially. So, why do people suffer financially after a divorce? Firstly, divorce results in a reduction in household income and net worth for both parties. Secondly, some people make financial mistakes during their divorce, which results in them facing financial difficulties afterward. Lastly, there is the cost of the divorce itself. Divorce can be expensive.

Hiring a qualified divorce attorney is advisable if you want to avoid making financial mistakes before, during, or after a divorce. Also, there are several ways of reducing the cost of divorce. For example, you can consider a collaborative divorce instead of going to court.

Effects on Income

Divorce usually means going from a two-income partnership to relying on one income. You might receive alimony, but even with alimony, your cash flow will look different after divorce. And if you are making alimony payments, your monthly cash flow will definitely look different if you rely on one income.

How To Maintain Financial Health After a Divorce

If you recently got a divorce, it isn’t all doom and gloom for you financially. There are several things you can do to help yourself. The following are some of the things you can do to maintain financial health after a divorce;

  • Create a new monthly budget – Because your income and expenses look different now that you are not married, you should create a new monthly budget. To create a new budget, you must first write down your income and expenses. Some expenses may be higher, and others may be lower.
  • Consider increasing your income – You can get another job, ask for a raise at your current job, or look for a better-paying job.
  • Reduce or eliminate expenses – Since your income decreased because of your divorce, reducing or eradicating expenses is a good idea. You likely don’t have room for some expenses in your budget any longer, or at least not at the same level you were spending before your divorce.
  • Hire help if you need it – There are many financial professionals who are equipped to help you through this transition. You do not have to do this alone. For instance, you can hire a credit counselor if you do not know how to tackle debt.

The bottom line is that it’s possible to maintain financial health after a divorce. Many have done it, and you can do it too.

Contact an Orlando Family Lawyer

If you need help with any family law-related matter, contact a qualified Orlando family lawyer at Arwani Law Firm.

Source:

law.cornell.edu/wex/collaborative_divorce

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How To Prepare For Family Law Court https://www.arwanilawfirm.com/how-to-prepare-for-family-law-court/ Thu, 19 Jan 2023 11:00:12 +0000 https://www.arwanilawfirm.com/?p=8570 Read More »]]> If your family law case has been set for trial, you are probably panicking and asking yourself a million and one questions. For example, if your divorce case has been set for trial, you are likely feeling uncertain and asking yourself questions about many things. If this is your case, it is completely understandable. People often panic, feel uncertain, and ask many questions when they have an upcoming family law court hearing or trial. In this article, we share some tips that can help you prepare for family law court. We hope these tips help you feel more relaxed, confident and prepared.

Things You Need To Consider Before Your Court Date

Before your court date, there are several things you need to consider. For instance, you may want to enlist the help of a qualified family law attorney. Indeed, it is possible to handle a family law case without legal assistance. However, it’s usually a good idea to hire an attorney. Often, people fail to hire family law attorneys because they are afraid they cannot afford to pay legal fees. Even in a situation where you cannot afford to pay an attorney for their services, at least seek legal advice.

You may also have personal requirements you want the court to know about. You should consider these requirements before your court date. For example, if you have accessibility requirements, it may be best to point them out beforehand to ensure your visit to the court is easy. For example, if you require a wheelchair ramp, point that out before your court date.

Planning Your Trip

Before your court date, it is wise that you plan your trip. First, find out the location of your courthouse. Second, find out how to get to the courthouse. For example, how do you get there using public transport? How do you get there using a car? If you plan to drive to the courthouse, it may also be best to find out if parking is available. Next, find out which facilities are available at the courthouse. Last, make necessary arrangements in advance. For example, if you have a child and don’t want to take him or her with you to the courthouse, make childcare arrangements in advance.

What To Expect at the Courthouse

There are several things you should expect once you arrive at the courthouse. For instance, expect security measures at the courthouse. Also, be prepared to wait, as cases often do not run on schedule.

In regards to how you should behave, the following are some dos and don’ts when in court;

  • Do dress appropriately for a formal environment
  • Don’t use a mobile device
  • Address the judge as ‘judge.’
  • Don’t raise your voice in the courtroom
  • Do stand when speaking to the court
  • Don’t eat while in the courtroom
  • Do stand when the judge is entering and leaving the courtroom
  • Don’t interrupt other people when they are speaking to the court

Contact an Orlando Family Lawyer

If you need a professional on your side, contact our Orlando family lawyers at Arwani Law Firm at 407-254-0060.

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Alcohol Addiction And Timesharing Decisions https://www.arwanilawfirm.com/alcohol-addiction-and-timesharing-decisions/ Thu, 05 Jan 2023 11:00:44 +0000 https://www.arwanilawfirm.com/?p=8566 Read More »]]> In Florida, courts are required to make a child’s best interest the primary consideration when making timesharing decisions. This means that when making timesharing decisions, Florida courts must strive to ensure that a child’s health, safety, and welfare come first. Among the many things that a Florida court can consider when making timesharing decisions is alcohol use. While casual and occasional use of alcohol might not influence timesharing decisions, an ongoing addiction to alcohol can. If a parent can prove that the other parent is addicted to alcohol and that it is in the child’s best interest not to spend time with the addicted parent, it may affect timesharing decisions.

Alcohol Use and Timesharing Decisions

Alcohol use is a huge problem, and parents often lose timesharing rights because of alcohol addiction. However, before the court can take away a parent’s timesharing rights, it must be persuaded that alcohol addiction exists. It must be convinced that the abuse is so bad and toxic that it could harm the child’s safety and welfare beyond repair. Suppose a parent claims their child’s other parent is addicted to alcohol, but the accused parent denies the accusations. In such a case, the accusing parent must find ways to prove the other parent’s addiction.

So, how can you prove that your child’s other parent is an alcoholic? You can prove that your child’s other parent is an alcoholic in several ways. For instance, if you note down all instances of the other parent abusing alcohol, you can use such documentation as evidence. You can also use statements from other people to prove your child’s other parent is addicted to alcohol. Additionally, if, for instance, your child’s other parent has been convicted of drunk driving, you can use such a conviction as evidence. A qualified attorney can help you prove that your child’s other parent is an alcoholic and that it is not in your child’s best interest to spend time with the alcoholic parent.

All that said, it is crucial to note that just because a parent has an alcohol problem does not mean they cannot be allowed to spend time with their child. A judge could allow a parent with an alcohol problem to spend time with their child, with conditions attached. For example, the court can allow a parent to spend time with their child if they refrain from drinking during the period they are with their child. A judge could also allow a parent to spend time with their child if they are supervised.

Testing for Alcohol

When a parent alleges that their child’s other parent is addicted to alcohol and the other parent denies the allegations, the court can order alcohol testing depending on the evidence presented. One type of test that the court can order is the EtG (ethyl glucuronide) test. The EtG test is used to detect the presence of the intoxicating agent in alcohol in the urine, hair, blood, or nails.

Contact an Orlando Family Lawyer

Are you in the middle of a timesharing case and need help proving your child’s other parent is addicted to alcohol, and it is not in your child’s best interest to spend time with them? Contact an Orlando family lawyer at the Arwani Law Firm.

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