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Domestic Violence: Recognizing the Signs and Seeking Legal Protection

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It is, sadly, common for divorced spouses or parents to argue and fight. But what is not normal is violence or abuse. Sadly, the tempers, emotion, and frustration of a broken family situation or a full divorce often end in one party threatening or actually hurting the other–or even a child. When this happens, the abused party may want to seriously think about asking the Court to enter a domestic violence restraining order or injunction.

What is Domestic Violence?

Domestic

Florida has a very broad definition of domestic violence, which covers almost every form of abuse against both adults and children.

It can include threats of bodily harm (assault) and battery. It can also include sexual assault or battery. That can include non-touching types of sexual assault, such as exposure of a child to indecency.

Physical restraining of people, such as kidnapping or false imprisonment, is also defined as domestic violence. Stalking is also prohibited. And if there is a physical injury, then any crime that causes that injury will justify a finding of domestic violence.

Anytime someone has a reasonable belief that they are in imminent danger, even if there is no physical violence, a restraining order can be entered.

What is “Domestic”?

Domestic violence is not just between people who live together. It also includes unmarried people, parents who may not live together, parents who used to live together, non-spouse families, same-sex partners, or others who have some domestic or familial relationship or who at one time had such a relationship.

Getting Restraining Orders

Of course, events that constitute domestic violence are also often crimes. But even if the criminal system does not press charges or do anything, those who are victims of domestic violence can still apply for a restraining order or injunction.

To get an injunction preventing an abusive partner or person from getting close to someone else, the victim must fill out a petition for an injunction for protection. That petition must allege solid, tangible facts to support the injunction.

In some cases, after review of the petition, the injunction can be entered the same day, for a short period of time (usually 15 days), until a full hearing can be held on the matter, with the attendance of all parties involved. Parties who are notified that an injunction has been entered against them should not ignore the injunction; they will need to find representation for the full hearing to either limit or completely dissolve the temporary injunction that has been put in place.

Minor Children and Custody

If there are minor children involved (either as victims or just children of the parties), the judge will make an on-the-spot, temporary decision as to child custody, visitation, and child support.

If one parent has an injunction entered against them, it doesn’t mean that they will have no contact with the children (although that is possible in very severe cases), but that parent will likely not get the same visitation as the other (victim) parent.

Sometimes, domestic violence situations are very “he said/she said,” and the judge will enter the restraining order just to keep the parties separated without knowing which parent is “at fault.” Because domestic violence hearings are often held as soon as possible, they are often not the same as full-blown trials. In that case, the court can still order an about equal time-sharing schedule with the kids.

In more serious cases, a court may order an abusive parent or spouse to have visitation with the child only under professional supervision.

Modification

There are situations where a party can ask to have a restraining order modified. Even if both parties want and ask for the modification, that does not mean the court will grant it. The court is not bound to do what the parties want, but rather, is bound to protect the child and the person that was, in the past, abused.

Parental Contact

If the court finds that there is domestic violence or abuse but that the abuse does not affect or endanger the children, the judge may put into place protocols that just limit contact between the parents.

Most of the time, when a domestic violence injunction is entered, the order will say how the parties are to account for the absolutely necessary types of communication that relate to the children. That may include using third parties, apps, a parenting coordinator, or limiting communication to text messages.

Exchanges of custody on a regular basis may have to be in public places, at different times, to avoid the restrained and unrestrained parents from getting too close and violating the injunction. Or the court may order that one parent pay for a ride-sharing service to transport the kids between parents.

Duty to Report

Many parents fear what will happen if they report a spouse or parent for committing domestic violence—that is, they may be concerned that a child will “lose their dad” or “not see their mom,” However, a parent who doesn’t report domestic violence, especially violence or abuse against a child, can lose custody of their child as well, not to mention, they may be subject to other criminal charges for the failure to report abuse.

False Accusations

It does happen that parents or spouses will use restraining orders as weapons to “get back” at the other parent or to seemingly get a leg up in a disputed child custody case. But that is a bad idea; a parent who is found to have falsified information in connection with a restraining order can have their time-sharing schedule with minor children severely limited by the family court judge.

When Custody Has Already Been Established

Sometimes, domestic violence injunctions are entered when there is already a time-sharing or custody order in place—for example, long after the parties have divorced or had a time-sharing schedule finalized by a judge.

The injunction, if serious enough, allows the domestic violence judge to modify any pre-existing court judgment that establishes child custody.

However, you may need to go back to the family court judge for a permanent modification order if you feel that the domestic violence injunction is serious enough to warrant a permanent change in custody and time-sharing. Otherwise, when and if the restraining order expires or is dissolved, your normal pre-existing custody schedule will come back into effect.

Domestic violence can be scary and dangerous. But do not ignore it or try to go it alone.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124,
Winter Park, FL 32792 and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.

You may contact Anthony Diaz by calling 407-212-7807 or by email an*****@************aw.com or visit anthonydiazlaw.com for more information.

If you find this article helpful, please leave us a review HERE.

Beyond the Breakup: How to Heal and Thrive After Divorce

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Many of us, when facing divorce, give a lot of thought to what will happen in the divorce, and understandably so. But we rarely give thought to what will happen once the divorce is over and finalized—in other words, how we will mentally and emotionally move on with our lives and into our post-divorce life.

Life After Divorce

Although it may not seem like it when you are in the midst of a divorce, there is a life, and a thriving, successful one, after your divorce. And yes, having some remorse, sadness, regret, or even a feeling of failure, is totally normal—and none of that should ever stop you from building a new, and even better life after your divorce.

It Starts During the Divorce

Divorce

Your post-divorce life, and helping you heal, actually starts before your divorce is even finalized.

When you are getting divorced, it can help to give thought to what your life will be, and what your needs will be, after your divorce is over. Will you need job training? Help to get a degree? Where will you live? How often will you have the kids?

Resolving your divorce so that you get the things that you will need in your life, post-divorce, can go a long way to helping you heal and recover after a divorce. These are things to think about in your divorce mediation.

Be Yourself and Do What Feels Right

One thing that you can do after a divorce to thrive is to understand your own needs—and to understand that no two people need the same things to recover after a divorce.

Some people may want diverse social circles, surrounded by friends. They may want to get back into the dating scene as quickly as possible to rediscover the romantic feelings that they once had. Staying home may be difficult, whereas the distraction of social circles may heal them.

Others may find the opposite; they may not want to connect with anybody, and may feel more comfortable on their own, or at least, simply being surrounded by close friends or family.

There is no right or wrong in any aspect of your life post-divorce. Think of what you need and what makes you feel better, without worrying about whether or not what you do need or want is “normal” or not.

Try Not to Look Back and Compare

It may be helpful to avoid making comparisons to your pre and post-divorce life.

Many people find it hard to move on after a divorce because they are constantly thinking of what they had when they were married—the friendships, the house, the bank accounts, the stability—whatever it is that you feel you have lost, it can be easy to dwell on these things post-divorce.

But if possible, and with the support of friends, try to focus on the new beginnings that divorce brings. Remember the things that caused you to get divorced in the first place—things that, perhaps, you needed in your life that you were not getting that you can now go out and make happen for yourself.

You now can take up that hobby, or manage your own finances, or take that vacation, and essentially pilot your life the way you want to, in the direction that you want to go. This thinking can be empowering and help you see the future as full of positive possibilities.

Take Care of Yourself

Similarly, make sure to take care of yourself. You can be a little selfish. From little things like getting a new wardrobe or a new haircut or taking up a new hobby, to more significant things, like just spending time with yourself or your kids, or career changes, do the things that make you happy, without concern about what is frivolous or what you may think is foolish.

Try to Avoid Post-Divorce Conflict

Yes, the extent that you fight or have conflict with your ex, is not always completely in your hands. But to the extent possible, try to minimize negative interactions, conflict or fighting with your ex.

Your attorney may be able to help you with these things. For example, your attorney may be able to handle certain communications with your ex that you find stressful and hostile. Your attorney may be able to get a court order requiring that communication with your ex only be at certain times or through specified apps (there are many that filter and censor hostile, lewd, or offensive communications).

Think about the things that you fight over with your ex. Some things you must fight over; you simply cannot just give in, or walk away. But there may be other things that are not worth the fight, and the stress that comes with it. Learn to realize what things are worth the fight, and what things are better ignored for the sake of your mental health.

To Forgive or Not? It is Up to You

And whether you fight with your ex post divorce or not—you can, but do not have to, forgive.

You are entitled to feel how you feel. Of course, anger or hostility should not stand in the way of your life, your career, or your relationship with friends, family or your kids. But keeping or releasing anger is a personal choice, and so long as it is not affecting your daily life and relationships, do not worry so much about what is “right” or “wrong” when it comes to forgiveness.

Getting Help

Remember that it is always OK to seek out professional help. Many mental health counselors and similar professionals have extensive experience helping people recover after a divorce.

With the number of divorces that happen all the time, you are not the first person to have these feelings. We are in an age where we know a lot about what post-divorce recovery requires. Do not be afraid to seek out that information with the help of a qualified therapist or professional.

Your post-divorce life starts with handling your divorce the right way. Contact Anthony Diaz for help and with your divorce, to help you transition to “the new you.”

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124, Winter Park, FL. 32792 and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.

You may contact Anthony Diaz by calling 407-212-7807 or by email an*****@************aw.com or visit anthonydiazlaw.com for more information.

If you find this article helpful, please leave us a review HERE.

What Are The Differences in Out-of-Court Divorce Options?

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When facing a divorce, many people are unaware of the out-of-court options available to them. The options for settling your divorce out-of-court are an uncontested divorce, Mediation or Collaborative Divorce. It is important to know that these divorce alternatives will save you time, money, and emotional stress. Let’s explore the key differences and why these options are better than going to court.

Uncontested Divorce

An uncontested divorce is the simplest and least involved out-of-court option. It occurs when you and your spouse agree on most, if not all, of the issues that need to be settled in your marital settlement agreement or parenting plan. This option is particularly beneficial because:

  1. Cost-Effective: Since you have already reached an agreement, there is no need for extensive legal proceedings, which significantly reduces legal fees.
  2. Quick Resolution: The process is faster because there is no need for court hearings or lengthy negotiations.
  3. Control: You retain control over your agreements rather than leaving decisions up to a judge.

In an uncontested divorce, our firm can help by drafting and filing the necessary documents to ensure all agreements are properly documented and legally binding.

Mediation

Out of Court Divorce

Mediation is a good option for you and your spouse to get help resolving some issues.  A neutral and independent mediator facilitates discussions between you and your spouse to help you reach an agreement. The benefits of mediation include:

  1. Neutral Assistance: The mediator does not represent either party but helps you to communicate effectively and work towards mutually agreeable solutions.
  2. Flexible and Private: Mediation sessions are scheduled at the convenience of you and your spouse are in a private confidential setting, unlike court proceedings which are public.
  3. Reduced Conflict: Mediation encourages cooperation and communication, which is less adversarial than court battles.

After a successful mediation, the mediator can draft the necessary documents for you to file, keeping the process out of court while ensuring legal accuracy. Our firm is available to help you work through the mediation process.

The Collaborative Divorce Process

The Collaborative Divorce process is more involved than uncontested divorce and mediation but preferable to going to court. It is ideal for couples with significant issues to resolve and who might struggle to work together without professional help. A Collaborative Divorce involves:

  1. Collaboratively Trained Attorneys: You and your spouse each have your own attorney trained in collaborative law to guide you through the process.
  2. Neutral Professionals: Other professionals, such as a financial neutral (like a CPA) and a neutral facilitator, are involved. The financial neutral helps with financial issues, while the facilitator manages the process and assists with creating parenting plans.
  3. Team Approach: Collaborative Divorce brings a team of professionals to address all aspects of the divorce, providing comprehensive support and expertise.

The Collaborative Divorce process is beneficial because it maintains your ability to make your own decisions, reduces conflict, and is less costly and time-consuming than court proceedings. Our firm can guide you through the collaborative process.

Why Out-of-Court Options Are Better

Opting for an out-of-court divorce process offers several advantages over going to court:

  1. Control: You retain control over your agreements and parenting plans, rather than having a judge make decisions for you.
  2. Cost-Effective: Out-of-court options generally involve fewer legal fees and expenses compared to court trials.
  3. Timely: These processes can be completed more quickly than waiting for court dates and going through lengthy hearings.
  4. Privacy: Out-of-court processes are private, whereas court proceedings are public.
  5. Reduced Stress: Avoiding court can reduce the emotional stress and adversarial nature of divorce, fostering a more amicable resolution.

While court is always an option, it should be considered a last resort rather than the first choice. Most couples can benefit from exploring out-of-court options like uncontested divorce, mediation, and the collaborative process. These alternatives provide a more controlled, cost-effective, and less stressful way to navigate the complexities of divorce. We invite you to contact our firm for an appointment so that we may discuss the out-of-court options that are best for you.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124, Winter Park, FL. 32792 and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.

You may contact Anthony Diaz by calling 407-212-7807 or by email an*****@************aw.com or visit anthonydiazlaw.com for more information.

Protecting Your Assets: Pre and Postnuptial Agreements Explained

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We have all heard people facing divorce lament that they will “lose all their stuff” in the divorce, whether that is actually true or not.

For many people, the uncertainty of what could happen to their assets and property or money in a divorce is a deterrent to even getting married in the first place. It should not, and need not, be or feel this way, and one way that couples can go into a marriage with some security should things not work out as planned is through the use of prenuptial agreements, executed before marriage, and postnuptial agreements, which are executed during the marriage.

What Do These Agreements Do?

Husband and Wife

Both of these types of agreements do the same thing: they set forth the rights of the spouses in the event that there is a divorce later on down the road.

These agreements are most often used to protect property or assets, providing that one spouse or the other will or will not receive certain property or setting out how much of a given asset each spouse would get in the event of a divorce.

These agreements can also provide or take away rights to alimony, but they cannot be used for predetermined rights that have to do with children, such as custody, timesharing, or child support.

Marital and Non-marital Property

Pre and postnuptial agreements will often list property that is owned by the couple, or list property that either one spouse, individually, is bringing into the marriage. The agreement will often state that the property or assets will remain that of one spouse or another, even on divorce.

These agreements often prevent the common problem of non-marital property from becoming marital upon marriage.

For example, even though a wife may have had, started, and owned a business before marriage, if the couples are married, and the assets of the business are used for marital purposes, or if the husband puts marital time, money, or assets in the business, that could transform the business from non-marital (the wife’s alone) to marital property subject to division by a court.

However, the use of prenuptial and postnuptial agreements avoids this problem. You can state that whatever asset you want that is non-marital stays that way.

Prenuptials can even state who gets property when that property or asset does not exist at the time the contract is executed. So, for example, it could say that should either spouse start a business or get an inheritance in the future, the assets will remain the property of that spouse.

Protection for Relatives

Because pre- and postnuptial agreements ensure that nonmarital property listed in the agreement stays that way, they can also allow relatives more freedom to give assets to the marriage.

So, for example, a wife’s mother who wants to pay for the couple to own their first home can ensure that the husband does not get the home in the event of a divorce, so long as the spouses agree to this in the agreement. Relatives are free to give whatever they want to the marriage safely, knowing that if there is a divorce, their relative will get that asset or property.

Use and Possession of Property

These agreements can also provide other benefits that do not have to do with which spouse gets what.

For example, parties can agree on who will get to use or live in the marital home while the divorce is pending. It can state which spouse gets to use other assets, like vehicles, boats, or other benefits.

If spouses own a business, it can address what happens to both spouses in relation to the business—for example, whether both spouses will continue to get dividends or profits from the business, and what level of management both spouses will continue to have in the business.

Elective Share

Parties can also waive elective share in pre- and post-nuptials. The elective share is property one spouse gets from the other, should the other spouse pass away. Parties may prefer that children of a prior marriage, parents, or some other relative receive their assets instead of the new spouse, and this can be accomplished through a pre or postnuptial.

Attorneys Fees if There is a Divorce

The agreements also can state who will pay attorneys fees in the event of a divorce, including temporary fees, incurred while the divorce is going on. This can avoid a situation where a spouse with lesser assets feels powerless in a divorce, or feels like they “can’t afford a divorce.”

While these agreements cannot alter any rights regarding child custody or child support, knowing that the other spouse will have to pay attorneys’ fees can help a spouse fight for rights regarding the children, if need be, in a divorce.

Flexibility

Because these are both contracts, you and your spouse are free to tailor them how you see fit. You can include all your assets or only some of them. You can state who gets what asset in a divorce or come up with a method or formula to be used later on in the event of divorce that will tell the spouses how much of a given asset that they get. You can determine in advance how assets that don not have a definitive value will be valued or appraised.

Making Them Legal and Enforceable

Both pre and postnuptial agreements are similar in their procedural requirements—that is, what it takes to make them legally binding and enforceable.

One absolutely mandatory requirement is that both parties must disclose to the other, in full, all of the assets that they own before the contract is signed. It does not matter that the other spouse may know what you own anyway. Disclosures of every kind of asset (often done with a financial affidavit form) are mandatory.

Also mandatory is providing the other side the opportunity to get their own attorney if they so choose. When it comes to prenuptials, that means that the agreements must be exchanged with enough time for both parties to get their own attorney. Parties should never coerce, pressure, or threaten the other spouse, in order to get them to agree to either type of agreement.

Both agreements can be challenged if they are not executed properly and with these procedural requirements, so it is important to make sure you are not pressuring the other spouse to sign and to make sure you have fully disclosed to the other spouse every asset that you own.

Let us help you get some peace of mind with enforceable pre or post nuptial agreements.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124, Winter Park, FL. 32792 and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.

You may contact Anthony Diaz by calling 407-212-7807 or by email an*****@************aw.com or visit anthonydiazlaw.com for more information.

And if you found this article helpful, please leave us a review HERE.

Positive Co-Parenting During and After the Divorce

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Divorce is a stressful time that can be intensified when children are involved. Yet, in the chaos and emotional trials, there is an opportunity for you and your soon-to-be ex-spouse to embrace positive co-parenting practices that prioritize the well-being of your children. While it is natural for divorcing couples to harbor resentment and disagreements, fostering a collaborative approach to parenting can mitigate the negative impacts on children and even lay the groundwork for healthier relationships post-divorce.

One of the fundamental challenges of co-parenting post-divorce can be different parenting styles between households. What is important is for you and your co-parent to set aside personal differences and establish a common ground for how you will co-parent your children as they grow up.

Positive Co-Parenting

The process of divorce itself can play a pivotal role in shaping the dynamics of your co-parenting relationship. Litigated divorces, marked by conflict and adversarial proceedings, exacerbate tensions between parents, making cooperation challenging. In contrast, choosing Collaborative Divorce provides a platform for constructive dialogue and mutual decision-making. Collaborative Divorce empowers you to craft personalized parenting plans that reflect your children’s best interests and creates a sense of ownership and cooperation.

Central to successful co-parenting is effective communication that is focused solely on your children’s needs. By re-framing discussions away from personal grievances and towards the well-being of your children, you can work through challenges with empathy and understanding. Non-adversarial environments fostered by either Mediation or Collaborative Divorce offer you  the opportunity to model conflict resolution and demonstrate a united front in parenting, despite the dissolution of your romantic relationship.

An apt analogy for co-parenting post-divorce is likening it to a business partnership, with the business of raising your children. A well-crafted parenting plan provides a framework for collaboration and sets clear expectations for everyone.

Ultimately, positive co-parenting during and after divorce will lay the foundation for your children’s emotional resilience and future relationships. By witnessing their parents working together with grace and cooperation, your children will learn valuable conflict resolution skills and the importance of prioritizing familial bonds. Investing in collaborative co-parenting not only benefits your children in the immediate aftermath of divorce but equips them with essential life skills for the future.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124, Winter Park, FL. 32792 and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.

You may contact Anthony Diaz by calling 407-212-7807 or by email an*****@************aw.com or visit anthonydiazlaw.com for more information.

And if you found this article helpful, please leave us a review HERE.

Navigating Child Custody: A Comprehensive Guide for Parents

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To understand the complexities of child custody, and what courts look at when considering custody, it is important first to know what child custody actually is. While we often use “custody” to mean everything, in reality, it has a specific meaning.

What is Custody?

Navigating Child Custody

Custody over a child generally means the ability to parent the child, and to have a meaningful parental say in the decision-making process over the important things in the child’s life. That includes making medical decisions, decisions about school, healthcare decisions, and even the day today decisions that a parent makes about how a child will be raised.

In almost every divorce (or paternity) case, parents will share custody. It is very rare for a court to take away these crucial parental rights from either parent, although it can happen in very extreme cases. But in most cases, it is not custody that parents are fighting over—it is time-sharing.

Understanding Time-sharing

Time-sharing is the actual time that each parent will have with the kids—more specifically, how many nights per week or per month the child will spend overnight with either parent. Because time-sharing is different from custody, a parent may have less time-sharing (meaning, fewer overnights with the kids), but an equal right to raise, and make decisions for, the children.

There are 20 different factors that a court can consider, when making decisions over time-sharing. Note that today, courts tend to favor giving equal nights to both parents through a 50-50 schedule (there are many different 50-50 schedules that parents can opt to use, many of which are worked out in mediation sessions between the parents).

But based on the decision of certain statutory factors, courts can and do deviate from that 50-50 schedule, providing more time-sharing to one parent over the other.

Cooperation And Civility Between Parents

The ability to abide by a time-sharing schedule, and the ability to be flexible to necessary changes, is a big factor; the parent more likely to do this, would have an advantage.

In short: courts do not favor parents who demean the other parent, are hostile to the other parent, or who cannot humanely and peacefully co-parent with the other parent.

This includes parents who talk negatively about the other parent to the child or who involve the child in the legal matters surrounding the parents. Courts will favor the parent who keeps the children out of parental disputes and the parent who is civil to the other.

Stability for the Child

Courts will also look to which parent provides the most stability for the child. That may not be based on you, as a parent, but it could be based on your situation. For example, if mom lives closer to the child’s friends, or her location allows the child to keep going to the child’s school, mom would have an advantage. Parents who live closer to the child’s grandparents and other relatives to the child, may have an advantage.

Similar to this will be how the child is doing in their current environment. If the child is doing well, courts will be hesitant to upset the child’s life.

Stability also means which parent has established (or is capable of establishing) structure for the child’s life. Which parent can enforce homework times, discipline routines, or bedtimes? It is great to be the “fun parent,” but courts do look to which parent can provide discipline in structure in the child’s life as well.

How Well Do You Know Your Child?

The Court also will want to know how much each parent has knowledge about the child’s life.

That may seem obvious, but courts will look to which parent knows who the child’s friends are. Who the child’s favorite teacher is. What the child’s favorite sport is. What health conditions the child has.

All of these things—even things that are seemingly trivial—make a difference and the parent who knows these things about the child has an advantage in a time-sharing or custody dispute.

It’s not just knowledge either. The law allows a judge to look at which parent has actually been involved in the child’s life. Which parent has a history of going more often to the child’s sporting events, extracurricular activities, or parent-teacher meetings?

Morals and Ethics of the Parents

Moral behavior is also a factor. That is not to say that the Court is judging you as a person, and mudslinging against the other parent can do you more harm than good in a time-sharing or custody dispute. But yes, the Court will judge your morals, but only to the extent that they impact the child.

So, for example, the Court may not penalize you for using drugs, or for committing adultery. But if the court feels that these habits or lack of morals may affect the child, or that the child may be exposed to them, or that they impact the child’s environment when the child is with you, then these things could have a significant impact on a time-sharing decision.

Your Health

Courts will also look at the mental and physical health of the parents. That is not to say that you cannot have some limitations, and a diagnosis does not mean you are not qualified to raise your kids. Almost everybody has some mental or physical medical history. Courts are more interested in whether any physical or mental limitation, could affect your ability to raise or care for the child.

Domestic Violence

The statute does allow the court to look into “prior actions” related to domestic violence or child abuse. Note that the statute doesn’t say “convictions,” which means that allegations, restraining orders, or other information about abuse, to either parent or child, can be considered by a court.

What About What the Child Wants?

In some cases, the child can be asked how he or she feels, but that is rare, and only in cases where the child is old enough or mature enough to make his or her own decisions. A child will never be asked “who do you want to live with,” but the child’s opinions about which parent does what, can be considered.

If the child is not old enough, then a guardian ad litem can be appointed to spend time with, and evaluate the child, as well as both parents’ home environments, to make a recommendation and speak on behalf of the child.

You may contact Anthony Diaz by calling 407-212-7807 or by email an*****@************aw.com or visit anthonydiazlaw.com for more information.

And if you found this article helpful, please leave us a review HERE.