FAMILY LAW
(954) 430-3160

CHILD SUPPORT

Child support issues can come up in divorce cases, custody cases, paternity cases, and modifications of preexisting support orders. The lawyers at Linda Jaffe, P.A. will work with you to make sure that all of the factors that can result in the best child support award for you and your children are properly addressed. We take pride in protecting what matters most.

PATERNITY

Paternity is a legal action that identifies a child’s biological father. These actions can also determine custody and visitation rights for the noncustodial parent and child support.

Our skilled family law attorneys work swiftly, thoroughly and responsively with our Florida parent clients to establish paternity, resolve child support disputes, and formulate child custody and visitation agreements that are in the best interests of their children.

Fathers usually file paternity actions to establish a legal parent-child relationship or to obtain visitation rights with the child. Most mothers file paternity actions to establish and obtain child support from the child’s father.

Occasionally, fathers may wish to dispute the paternity of a child during a divorce negotiation or hearing and to seek to have their obligations modified.

Our firms experienced lawyers cab counsel you if you are a mother seeking a paternity action to identify the father of your child for purposes of determining child support obligations. We speak for fathers; too, whose paternity suits can help them gain child custody and visitation rights. We also accept cases from male clients whose paternity suit could prove they are not the father in a given case.

We are prepared to assist with DNA testing resources in order to prove or disprove paternity. Services like these, plus negotiating and drafting legal documents for our clients, are conducted in an atmosphere of utmost privacy and confidentiality.

MODIFICATION

Parenting plans make provisions for how parents share parenting time with children, make decisions regarding the children.  How parents will resolve disputes and other provisions that guide the Parenting Plans are court orders. These orders may be entered by agreement, or by a court at the conclusion of a hearing or trial. Parenting Plans make provisions for how parents will share the residential schedule of the children, how parents will make decisions concerning the children, how parents will resolve disputes between one another concerning the children and the parenting plan, and other important provisions that will guide the co-parenting relationship.

Parenting plans are court orders, and under Florida State family law, parenting plans can be modified as is in the children’s best interests.  Parenting plan modifications can be resolved by agreement, or by a court after a hearing or trial.

Linda Jaffe has successfully represented many clients in parenting plan modifications. If you have questions concerning your parenting plan, if you need to modify an existing parenting plan, or if you have been served with a motion to modify your parenting plan, we invite you to contact our office for an appointment.

RELOCATION

Child relocation is a tricky issue for divorced parents even long after they have finalized their divorces and parenting plans.

The State of Florida has recognized that many more parents are moving out of state after divorce than in the past. In the past few years, Florida has adopted new statutes to address the issues raised by this trend. Today, if either parent wants to move more than 50 miles away from their present location, they must petition the court for permission to do so.

If the moving parent desires to move with a child, he or she must petition the court and demonstrate that the relocation is in the child’s best interest. In addition, if the relocation will affect the other parent’s time sharing with the child as established in a Final Judgment of Dissolution of Marriage, the relocating parent will have to meet the higher burden associated with modifying a custody visitation arrangement.

The other parent is given an opportunity to object to the move, and the law sets forth a series of factors the courts must consider when determining whether to allow relocation.

At Linda Jaffe, P.A. our lawyers understand the serious, practical reasons why parents have to relocate. We also understand the wrenching emotions non-moving parents feel when facing the possibility of their children moving away.

We represent parents in both situations. Whether you are considering relocating your family or your former spouse intends to relocate, we can provide experienced representation.

DIVORCE

The decision to divorce, or learning your spouse wants to divorce is usually not an easy realization. The life that you know will change. You may have to move to a different home. You may not see your children as often as you are accustomed. These scenarios can sound problematic and scary. Linda Jaffe, P.A. is here to help you through the difficulties, the decisions and the negotiations that are involved in ending your marriage. We are here to see you through to a solid, enduring and favorable future.

If you have decided to divorce, or your divorce has been delayed by a dispute over a specialized child custody issue, or you cannot come to an agreement with your spouse over property division — you could benefit from the legal knowledge and guidance of a skilled family law attorney. Know that you are not alone if you are experiencing these problems. We have extensive knowledge in the many types of disagreements and delays that can occur. We have tried-and-true tactics for helping clients through these difficulties.

ANNULMENT

An annulment is the legal process for declaring a marriage null and void. If your marriage is annulled, it is as if it never happened. Florida courts can declare a marriage valid, void from the beginning, or void from the time of judgment. You may be eligible for an annulment if there are defects in how your marriage was formed.

The relief the court can award is identical to the relief the court can award in a divorce. For example, the court can divide assets and debts, determine custody and set a parenting plan, award spousal and child support, order life insurance, divide retirement accounts, investments, and stock options. Annulments require proficiency in many different areas of the law and must be handled professionally. If not addressed properly, simple issues can become major ones during the case, or after. Some mistakes people make during divorce cannot be fixed.

If you are considering seeking an annulment, there is no substitute for advice from a professional family law attorney.  We can provide solutions to your family law legal concerns.

SEPARATION

While Florida does not recognize legal separation, it does provide for common practical aspects of a legal separation.  The law states that if you are living apart from your spouse and minor child whether or not the separation is through your own fault—you or your spouse may obtain an adjudication of obligation to maintain the spouse and minor child or children, if any.

The court will adjudicate financial obligations to a spouse or child, establish the child’s primary residence, and determine the custody and visitation rights of the parties.

If you do not want a divorce but want the court to order child support or alimony, we can help you by filing a petition and representing your position to the court.  We are also experienced in petitioning for restraining orders or injunctions against an abusive spouse, which can have the effect of creating a court-ordered separation for your protection.

When you are not ready for divorce, a separation is possible through a separation agreement.   In Florida, the law allows for a post-nuptial agreement, also referred to as a separation agreement.  Such a separation agreement is a contract between you and your spouse, expressing that you will live apart for an unspecified length of time.

A separation agreement usually covers decisions regarding alimony, child support and custody, property division, the handling of bills, and how to divide money into different bank accounts.

We can help you write a separation agreement.  Once signed and approved by the court, the agreement makes it possible to avoid going to trial while you both determine whether reconciliation or dissolution is the next step.  If you agree to reconcile, we can help you get the separation agreement cancelled.

PARENTING PLAN

Determining how children will be raised is never an easy issue, especially when the parents are in the middle of a divorce. Each parent’s legal responsibilities and obligations in child custody, visitation and child support have traditionally been dealt with in divorce decrees. However, as the Florida Supreme Court has recognized, many divorcing couples need a way to deal formally with a variety of parenting issues that are not so easily spelled out in a court order.

Today, many Florida parents are required to submit detailed parenting plans, which address a multitude of topics related to the children’s care and upbringing. A skilled lawyer can help you explore, negotiate and draft each component of your parenting plan during divorce action or afterward.

At Linda Jaffe, P.A. our lawyers help families develop sound, workable parenting plans by carefully assessing the children’s needs and promoting their best interests. Our goal is to help our clients, their children, and their former spouses agree on a plan everyone can live with.