Showing posts with label child custody attorney Tampa. Show all posts
Showing posts with label child custody attorney Tampa. Show all posts

Thursday, February 9, 2023

Guardian ad Litems in Tampa Bay Custody Cases

 

Guardian ad Litems & Child Custody, Tampa Bay

A Guardian ad Litems or "GALS" purpose is to help to determine what will be in the best interest of the child, particularly in higher conflict child custody cases. A guardian ad litem shall have the powers, privileges, and responsibilities to the extent necessary to advance the best interest of the child. 

READ:  GAL's powers in Tampa Bay & Florida Child Custody Cases 

Does a Guardian ad Litem Advocate for Parents or Children?

The role of a Guardian Ad Litem’s is to advocate for the child’s best interests in family court. They should not show bias to either parent and they must adhere to Florida Law. No two child custody cases are alike, so a Guardian ad Litem should approach each case uniquely, and independently of any others. 



What Happens After a GAL's Evaluation?

Once the GAL has completed their investigation and evaluation, they will make their recommendations to a judge. Although not bound to the recommendation, the courts will heavily consider the GALs report. The courts should weigh all aspects of the case prior to making a ruling on child custody.

When can a GAL be Helpful?


There are times when asking the courts for a GAL may not be appropriate or necessary.  Where high conflict is present, a GAL can offer children the advocacy they deserve. Their reporting can help the courts decide how to rule in a variety of cases such as;

Parental Relocation with a Minor Child – If one parent requests to relocate with the minor children and the other objects, a GAL can be appointed as a helpful advocate for the best interests of the children. 

Parental Alienation – If a parent is being accused of parental alienation, the appointment of a GAL can be given powers to investigate the allegations. 

Allegations of Domestic Violence, Neglect, Abuse
When allegations of domestic violence are present, the first step is to ensure the safety of yourself and your children. Where domestic violence is suspected against the minor children, a judge may assign a GAL to investigate on their behalf. 

If a GAL is Appointed Should I Hire a Tampa Bay Child Custody Attorney?


Being represented by an experienced Tampa child custody litigation attorney when a GAL has been appointed is highly recommended. Your parental rights should be protected at all times in any child custody matter. Securing sound legal representation by hiring the best child custody attorney in Tampa Bay for you, can help to ensure that the GAL is following Florida Law and investigating without bias and in the best interest of the children. 

For information or to schedule a consultation call 813-879-4600

Pinellas, Pasco, Hillsborough County Family Law & Divorce Attorneys

Visit 

Divorce-lawyer-tampa.com 

Familylawattorneytampa.com

Wednesday, November 18, 2020

COVID19 Bringing the Importance of Establishing Legal Paternity to Light

Establish Legal Paternity in Florida in the Time of COVID19

If you're an unmarried parent in Florida and you have not considered establishing legal paternity, COVID has been a sad reminder of the importance of doing so. Many unmarried  parents, whether living together or not, successfully co-parent and share time with their children without the intervention of a Florida Family Court. But, what if something catastrophic happens to either parent and why does it matter? 




Benefits of Establishing Legal Paternity in Florida

As a Tampa Paternity Attorney with over 25 years of experience, establishing legal paternity is usually in the very best interest of a minor child. Without first establishing paternity, the child  simply may not be entitled to the benefits that would otherwise be afforded to them should a catastrophic incident occur. In Florida, by default, unmarried mothers have sole custody and parental responsibility of their minor children. So, should the mother to fall ill or pass away prior to the establishment of paternity, the child would not be automatically awarded to the biological father. This is true even if that child has established a relationship with him. If the father passes, the child would not automatically be entitled to the father's insurance benefits or social security benefits if they were applicable. Remember, unless ordered and signed by a Judge, any private agreements between unmarried parents are not legally recognized or enforceable. 

Tampa Parental Rights Attorneys on Establishing Paternity

Aside from catastrophic situations, there are many advantages to establishing paternity legally. Once legal paternity is established in Florida your Tampa child custody attorney can motion the courts to (set) order timesharing and child support. Child support will likely be ordered in most cases and in accordance with Florida child support laws. 

There may be unique cases when child support is not be ordered, however, in most cases, the mother or father will be ordered to pay support. The purpose of child support is to ensure that the child's financial requirements are met and shared equally between both parents. Judges very rarely will deviate from the formula for calculating child support.  

Even though you may have been co-parenting amicably, should situations or attitudes change, legal paternity and court orders for timesharing and support will help to ensure that the rights of the mother and father are protected, but it also aids in keeping the child's best interests at the forefront. 

Read: Tampa Father's Parental Rights Attorney

           Tampa Mother's Parental Rights Attorney


Contact Tampa Paternity & Child Custody Attorneys 

Learn more about establishing legal paternity by visiting our website. Call 813-879-4600 to schedule a consultation with Tampa paternity lawyers Nilo J Sanchez & Associates, or you may leave a secure message on our website. 

Website: https://www.divorce-lawyer-tampa.net/

Paternity lawyers Tampa Bay Florida




Wednesday, May 30, 2018

Tampa Parental Relocation Attorney


Tampa, Florida Child Custody Attorney, Nilo J. Sanchez & Associates

Parental Relocation in Tampa Bay, Florida

If you live in Tampa Bay and are contemplating relocating with your minor child(ren) please be aware that you MUST get permission from the court to do so IF you are relocating beyond 50 miles from the address listed on your final order.
 
Many parents believe that there are good enough reasons to simply move, such as a job transfer and they do not seek the approval of the courts first. It is absolutely crucial to get permission, thus you should consult with a Tampa child custody or family law attorney who can represent you properly by first petitioning the courts for your relocation.

Tampa Child Custody & Divorce Attorney Nilo J. Sanchez & Associates has over 24 years of experience in a variety of child custody and timesharing matters. Representing yourself in a contested parental relocation case in Tampa Bay can be challenging to say the least.  AVVO Top-Rated Divorce & Custody Attorney Nilo J. Sanchez is located in Tampa, Florida can provide advise and representation prior to attempting to relocate with your minor children. Due to the nature of these cases, it is highly recommended that you consult with a lawyer before you attempt to represent yourself in a contested parental relocation matter.

KEY POINTS IN a PARENTAL RELOCATION CASE in FLORIDA

In Good Faith: To get directly to the point, moving or relocating with a minor child from Tampa Bay in excess of 50 miles with the wrong motivations can result in unfavorable results. A judge will want you to prove that your petition for relocation with your minor child(ren) is being requested in good faith. With the burden of proof being on you, your Tampa Florida child custody attorney must have the knowledge and experience to present the facts and proof to the courts that will at a minimum support the following:

1. That your relocation will improve the quality of life for yourself and your child or children.
2. That by relocating, you are considering the best interest of the child or children
3. That the children will be able to continue a meaningful relationship with the other parent if the relocation request is granted.
4. Depending on the nature and logistics of the move, convince the courts that you will abide by the courts orders once you are outside of their jurisdiction.

What Are Some of the Ways an Attorney Can Win a Child Relocation Case?

It takes a great deal of knowledge of Florida Family Law as well as experience to get favorable results in a parental relocation or high conflict child custody case. Taking into consideration that each case is unique, it is in your best interest to consult with Tampa child custody attorney. Nilo J. Sanchez & Associates can provide you with counsel and representation in a contested parental relocation case. An experienced custody attorney in Tampa Bay will have a good understanding as to what the courts in each jurisdiction generally look for when determining a favorable outcome for modifications of custody and relocating with children in Florida relocation cases.
Have You Been Served with a Petition for Parental Relocation in Tampa Florida?
Have you been served with a petition for relocation with a minor child in Tampa Bay, Florida? Read your paperwork carefully, then call 813-879-4600 to schedule a consultation with Tampa Family Law Attorney Nilo J. Sanchez. Attempting to contest a parental relocation matter on your own may end up with unfavorable results.
Why You Should Consult with a Tampa Child Custody Attorney Prior to Responding

There are things you must do when you are served with petition to relocate with a minor child or parental relocation papers. If you do not follow the instructions precisely, a default judgement can be made in the relocating parent's favor by the courts.

 For more information about parental relocation in Florida visit:
http://www.divorce-lawyer-tampa.net/parental-relocation/
http://www.divorcelawyer-tampa.com/parental-relocation-law-Tampa-Florida.htm
Florida law regarding parental relocation with a child is governed by Florida Statute 61.13001.













Top Rated Divorce & Child Custody Attorney
Nilo J Sanchez & Associates
Telephone: 813-879-4600
Schedule a Consultation



Thursday, July 9, 2015

Tampa Child Custody Attorney - Tips on Summer Timesharing

Tampa Divorce & Child Custody Attorney

Nilo J. Sanchez

Nilo Sanchez at Sanchez and Associates - Child Custody Lawyer, Tampa, Florida


By now, most parents who have shared custody in Tampa Bay are a few weeks in to summer custody laws in Florida it's important that you follow some basic steps to help the children transition. Giving them the opportunity to enjoy a stress-free time with both Mom and Dad during summer break will provide the best results.
vacation. This can be a positive time for all involved, but it can also be a stressful time. If you are new to time sharing or

Florida Parenting Plans

It's likely that you have a parenting plan already established with the courts. This would have been included with the final judgement if you are divorced, or as part of a paternity, child custody or child support case.

"A parenting plan approved by the court must, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school-boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child."

Source:http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html 

Follow the Parenting Plan / Long Distance Trips

Following the parenting plan is crucial because the last thing you want to do is to interrupt or interfere with the other parent's time with the children. More importantly, you could be held in contempt for not abiding by the court ordered custody agreement, of which the parenting plan is a part of. If you currently have been served with a contempt order, you should consult with a child custody attorney in Tampa as soon as possible.

  • When It's Your Time With the Child/Children

If you are taking the children on a long distance vacation, be mindful of what your custody order says about giving appropriate notice for long distance or out of State travel or travel that is subject to notification. Be courteous of the other parent when the children are traveling long distance. Keep in mind that parents tend to worry. Remember, you were once a family and most likely you worried about the safety and whereabouts of the children when you lived together. This is amplified somewhat when parents share custody, especially if your divorce was not amicable. Understand the clauses in your child custody and time sharing order and abide by them. By doing so, you avoid any disagreements with the other parent. This is always in the best interest of the children. You want to spend your time having fun, not fighting with your ex.

  • If It's Their Time with The Children

For many Moms and Dads and particularly for those who have a long distant relationship or parenting plan realizing that this is when they get to spend the majority of time with the child/children. Some parents find it difficult to let go for such an extended period of time, and children may pick up on your anxiety. Encouraging the children and getting them excited about summer is in their best interest. Work together with the other parent and avoid any conflicts. If you ever do end up back in court for a child custody modification or a child custody hearing for any reason, the courts do look with favor upon parents who are flexible and who abide by the order.

  • Disputes over Child Custody, Time Sharing

Summer time can often bring to surface disputes over child custody or parenting plans. If you are having problems that cannot be settled amicably, contact Tampa child custody attorney, Nilo J. Sanchez for a consultation. Remember, you will likely regret it if you spoil your child's summer by arguing with your ex over the details of your custody agreement. If there are substantial changes in your circumstances or you believe your ex is not abiding by your child custody agreement, consulting with a family law attorney in Tampa may be the only way to begin to settle those differences.

  • To read more about parenting plans or child custody in Florida

http://family-law.lawyers.com/child-custody/blogs/archives/6599-child-custody-in-florida-time-sharing.html 

http://divorce-lawyer-tampa.net/child-custody/


Contact Nilo J Sanchez at our Tampa Family Law Firm
813-879-4600