Frequently Asked Questions

Immigration and Estate Planning: All of Florida.  Family Law Counties: Orange, Osceola, Polk, Seminole, Lake, Brevard, and Volusia. 

Florida favors parental contact with both parents. Florida Statute 61.13(2) (c) states the following: "The court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child,

1. It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. Unless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. 

The length of your case will depend on a variety of factors, but I will work efficiently to resolve your case as quickly as possible.

Income of the parties, childcare payment amounts, medical payment amounts for the child/children only, and number of overnights each parent share with the child.  it's important to understand that only overnight time is calculated. 

Mediation agreements can be temporary. However, in order for a mediated agreement to be temporary, there must be language in the agreement indicating so. Do not sign an agreement that you think is temporary if there is no such language in it. Do not listen to an attorney who tells you it does not have to be in wiring. If there is no temporary language in the agreement, then it's not temporary. 

This issue generally arises in situations where a parent signs a parenting plan giving up all overnights on the understanding that it's a temporary agreement and can be changed when the parties go to trial. However, most of the time, the agreement does not say anything about the agreement being temporary and the signing parent is stuck with the agreement absent court intervention. When in doubt, do not sign without having an attorney review the document. You can always continue mediation to have agreements reviewed prior to signing. 

Once an order is entered on a parenting plan, that agreement is designed to be permanent on the basis that consistency is best for the child or children involved. Per Florida Statute 61.13 (2)(C) states:  except that modification of a parenting plan and time-sharing schedule requires a showing of a substantial and material change of circumstances. That means you don't get to simply change your mind later and go back to court and modify a parenting plan without showing a substantial and material change. That is a heavy threshold to prove. If you are in the process of completing a time-sharing schedule based on a temporary circumstance, complete a step-up option. What that means is that you can complete a parenting plan in which there is a temporary schedule that will be changed, without court intervention, to a more permanent schedule once the temporary situation changes. 

Example: you moved out of the marital home and is living with your parents during the divorce until you find a more permanent place to live. Unfortunately, your parent's home does not have adequate space for the child/children to spend overnights.  In this situation you can complete a two-part parenting plan. Child/children will have time share with you during certain days. Once you obtain new housing, you will have 50/50-time share with the children. Note that new housing does not mean separate rooms for each child.

You can continue the immigration process on your own by filing a VAWA Petition. With a VAWA, you do not need the abusive spouse's consent or knowledge to file. You can file on your own.  

• Mothers do not have preference in court. 
• As a father, you are entitled to 50/50 time sharing if you can accommodate a 50/50 time share schedule. 
• If your ex has ever threatened to call the police on you to falsely report physical abuse, believe that they may do so in a custody battle.  Two tactics that women use to block time share is: (1) Filing a domestic violence case against you and (2) falsely reporting you to DCF as abusing your child/children. If either is successful, she can request limited contact with you and the child/children. 
• If your ex has ever threatened false police action, do not meet them without witnesses. You can always meet in a public place to exchange the child. The best option for exchanging children in this situation, is the child's school because such exchanges do not require any parent contact. 
• In any custody battle, both parties have to exchange financials. Do not allow opposing side to request your financials without you requesting their financials. If you google, mandatory disclosure for Florida, you can easily obtain a list of documents that must be exchanged in all custody cases where child support is being calculated. 
• Do not sign any documents without consulting an attorney. if you cannot afford an attorney for your case, you can at least pay an attorney to simply review any proposed settlement agreements prior to signing. Some counties, like Orange County, offer self-help centers where you can speak with an attorney and have them review your documents for a nominal hourly rate.  

US Citizens can apply for their: spouse, unmarried children under 21 years old, unmarried sons or daughters 21 years old or older, married sons or daughters of any age, brothers or sisters, and mother or father. 

Lawful Permanent resident (Green Card holder), can apply for their spouse, unmarried child under 21 years of age, and or unmarried son or daughter 21 years of age or older