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What is a Guardian Ad Litem?
Sheryl Cochran Theodore, B.S., M.S. CCJ, J.D.
A Guardian Ad Litem is a person that is assigned by your family-court judge to act as the
judge’s eyes and ears outside of the courtroom. Judges are tasked with the difficult assignment
of deciding what is in the best interests of children when it comes to custody, timesharing,
parenting responsibilities, etc., but they are limited to the information they are provided in the
evidence phase at trial or hearings. Judges...
moreWhat is “Discovery” in Family Law Cases?
Sheryl Cochran Theodore, B.S., M.S. CCJ, J.D.
If you are involved in a family-law case, chances are you have been asked to complete a
Financial Affidavit or produce financial documents to your attorney or spouse. In fact,
any case that involves the division of property, the establishment of alimony, or the
calculation of child support, requires both parties in the case to exchange financial
information that may be used as evidence at trial and considered by the...
moreWhat is a Parenting Plan?
Sheryl Cochran Theodore, B.S., M.S. CCJ, J.D.
In every divorce or paternity case that involves custody of children, a Parenting Plan must be
established. A Parenting Plan is a document, usually between 8-15 pages long, that acts as a
“contract” that the parties must follow regarding all child-related matters. A Parenting Plan can
either be agreed upon by the parties and written up after negotiations or at mediation, or it will
be ordered by the Judge after hearing...
moreCan I Waive Child Support or Avoid Having to Pay Child Support?
Sheryl Cochran Theodore, B.S., M.S. CCJ, J.D.
The short answer is No. But what if both parents agree? The answer is still No. Florida statutes
§ 61.13 and 61.30 are the Florida laws that governs child support in the state of Florida. Child
support is calculated using a specific, and sometimes archaic, formula that includes factors such
as the number of overnights each parent has with the child, the incomes of the parents, the cost
of health insurance and/or...
moreIs It Lawful for Your Spouse to Place a Tracking Device on Your Car?
Sheryl Cochran Theodore, MSC, JD
The short answer to most family law questions is… “it depends”. Whether it is legal or not for your spouse to put a tracking device on your car depends on a few different factors. Let’s get the technicalities understood, first, before we discuss the variables. Florida law considers a “tracking device” as any device whose primary purpose is to reveal its location or movement by the transmission of electronic signals, or any device...
moreDo grandparents Have Custody Rights?
Sheryl Cochran Theodore
Do grandparents Have Custody Rights?
Unfortunately, grandparents do not have automatic custody rights of their grandchild(ren). But, grandparents do have certain protections under Florida law that would assist them in gaining custody of or caring for their grandchild(ren) under certain circumstances.
Florida law understands that there are times when parents may need to leave their children in the...
moreCan I Waive Child Support or Avoid Having to Pay Child Support?
Sheri C.
The short answer is No. But what if both parents agree? The answer is still No. Florida statutes
§ 61.13 and 61.30 are the Florida laws that governs child support in the state of Florida. Child
support is calculated using a specific, and sometimes archaic, formula that includes factors such
as the number of overnights each parent has with the child, the incomes of the parents, the cost
of health insurance and/or...
moreWhat is a Parenting Plan in Florida Divorce
Sheryl Cochran
What is a Parenting Plan?
In every divorce or paternity case that involves custody of children, a Parenting Plan must be established. A Parenting Plan is a document, usually between 8-15 pages long, that acts as a “contract” that the parties must follow regarding all child-related matters. A Parenting Plan can either be agreed upon by the parties and written up after negotiations or at mediation, or it will be ordered by the Judge after...
moreWhat is “Discovery” in Family Law Cases?
Sheryl Cochran Theodore
What Role Does a Guardian ad Litem Play in a Florida Divorce
Nicole Vette
A Guardian Ad Litem is a person that is assigned by your family-court judge to act as the judge’s eyes and ears outside of the courtroom. Judges are tasked with the difficult assignment of deciding what is in the best interests of children when it comes to custody, timesharing, parenting responsibilities, etc., but they are limited to the information they are provided in the evidence phase at trial or hearings. Judges cannot leave their bench...
moreThe Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Sheryl Cochran Theodore
Interstate Child Custody Proceedings
When a child is born to parents that reside in two different states, and those parents engage in a legal proceeding to control parental rights and custody of that child, there needs to be a determination as to which state will exercise jurisdiction over the case. Jurisdiction in this context means which state’s court system will make decisions regarding each parent’s parental...
moreParental Responsibility in Family Law Cases, Risk of Harm to Child, and Greyson’s Law Parental Responsibility
Sheryl Cochran Theodore
The term “parental responsibility” in a Florida child custody proceeding pertains to a parent’s responsibility and rights to make decisions about their child(ren), including decisions regarding their child’s health, education, and wellbeing. Parental responsibility is a critical part of any child custody proceeding, including divorce and paternity actions. In fact, in all family cases, the court must enter or adopt a Parenting Plan that...
moreFlorida Alimony Reform
Nicole P. Vette, Esq.
Effective July 1, 2023, Florida’s alimony reform law went into effect. There were many changes to the Florida alimony laws which we are unpacking for you in this post. First, permanent alimony is now abolished in Florida. This means that in a Florida divorce, a spouse can no longer request that the other party pay them alimony for an undefined period. Previously, in long-term marriages, the court had the authority to award permanent alimony...
moreFlorida Creates Presumption in Favor or Equal Timesharing/Custody
Nicole P. Vette
Effective July 1, 2023, there will be a rebuttable legal presumption in favor of equal timesharing for both parents after divorce or separation. This means that there will be a starting point when determining custody and timesharing of children in Florida divorce. The Court will assume that equal time sharing is in the children’s best interests. This is a “rebuttable presumption” which means that a party who is not in favor of equal...
moreShould You Move out of the Home in a Florida Divorce- Part 2
Nicole P. Vette, Esq.
This is a common question people face during a divorce or separation in Florida. If you’re in this situation, there are several important things to consider. First, if you have children, it is not ideal to move out of the home before there is a timesharing plan in place. If you move out before having a temporary or permanent parenting plan in place, then the other parent may limit your ability to spend time and overnights with the children in...
moreFault-Based Divorce vs. No-Fault Divorce
Erica V. Rubin, Esq.
Recently our divorce lawyers Boynton Beach legal team got together. There was one common thing that came popping up. This was a misconception that there must be someone at fault for divorce. Many people believe that one spouse needs to be at fault in order to file for a dissolution of marriage in Florida. Typically, adultery is a common reason for divorce, however, that only...
moreRelocation with Children During Divorce
Nicole P. Vette, Esq.
The divorce lawyers Boynton Beach and Palm Beach County family law legal team recently discussed relocation issues during a divorce. Many people desire to relocate when facing divorce for various reasons. For some, the South Florida area proves too expensive to afford on one income. For others, they desire to live closer to family members to gain assistance caring for the children....
moreHow Long Will I Receive Alimony?
Nicole P. Vette, Esq.
This is one of the most common question our divorce lawyers Boynton Beach legal team receives during our FREE consultations. For many people facing divorce, they are fearful of the outcome. they are unsure whether or not they will have enough money to meet their monthly expenses after divorce. In Florida divorce,...
moreDivorce Lawyers Boynton Beach Explain Why Flat Fee Billing is Better?
Nicole P. Vette, Esq.
Our divorce lawyers Boynton Beach legal professionals handle every client with compassion. We know this is a difficult time for you. This is one of the reasons we have come up with a pay one price option for marital divorce. Learn how our family law firm is trying to help you during this difficult time.
Traditional Per hour billing by Most Florida Family Law Firms and Divorce Lawyers
The...
moreDivorce Lawyers Boynton Beach Explains My Spouse is Hiding Income
Nicole P. Vette, Esq.
Vette Law Divorce Lawyers Boynton Beach Explains What to Do When A Spouse is Hiding Money?
A common issue our divorce lawyers Boynton Beach team sees in contested divorces is spouse hiding income. Sometimes they are understating their income to gain an unfair advantage. Most often, this situation occurs when one party is self-employed. I highly recommend...
moreDO I NEED TO MOVE OUT OF THE FAMILY HOME?
Nicole P. Vette, Esq.
A common question asked when someone is facing divorce is whether or not they need to move out of the home. Typically, there is no requirement to do so. Assuming that both the husband and wife can continue to cohabitate amicably in the family home during the divorce, then there is no reason to move out of the home. In some situations, if the parties are hostile toward each other to the extent that it is determinantal to the children or unsafe...
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