Bradenton Family Law Attorneys

While any type of legal battle can be stressful, when families wind up in court and are pitted against each other, it can be even more difficult and taxing. Family law issues are often contentious and have the potential to drive a wedge between the closest of families. Those hoping to minimize conflict and get through these difficult times as amicably as possible may benefit from the legal guidance and support of our compassionate Bradenton family law attorneys with Luhrsen Goldberg.

Our law firm is powered by women who have dedicated their careers to client advocacy and zealous legal representation. With over 30 years of combined experience, families can rest easier knowing our legal team is doing everything possible to protect their rights. Our goal is to help people regain control of their lives whether they are in a domestic violence situation or getting divorced, including divorcing with minor children and thus also working to put the children’s best interests or are in need of assistance with an existing parenting plan, child support obligation. No matter what type of family legal issue you may be facing, we are here to help families in need when they need us most. Contact our office today to learn more about the different types of family law issues we handle and how Florida family laws impact our client’s cases.

Nothing requires that a spouse or parent hire a family law attorney to represent them before going to court. Often, however, self-represented (also called) pro se litigants would benefit from an experienced family law attorney. Luhrsen Goldberg has extensive knowledge of the family court system and how the state’s laws can affect Florida families and works to help clients understand the process, their rights and responsibilities and how to navigate to a resolution of their family law issues.

We understand which loopholes family members may take advantage of and how to prevent them from adversely impacting the outcome of our client’s cases. We put our empathetic and compassionate legal representation to work for our clients so as to avoid as much unnecessary conflict as possible.

Our family law lawyers are proud to have represented many families facing many types of family law issues. Of the many types of family law cases, we commonly handle including:

Adoption
Child support
Divorce
Child custody

Our family lawyers are often called on to assist with adoptions. There are many restrictions under Florida law regarding adoption, children, and biological parents. Florida law (Florida Statutes § 63.042), provides that the following persons may adopt any person, including not just minors, but also adults, as follows:

Single individuals
Married couples
A married individual whose spouse is not a joint petitioner under specified circumstances
Individuals with physical disabilities or handicaps so long as they are capable of being an effective parent

Many adoption agencies will have their own guidelines (for example they may require that the prospective parent be at least 21 years of age), but adoption entities are also charged with a host of duties (e.g., Florida Statutes § 63.039).

Before an adoption can be formalized, if the child is at least 12 years old, they must give their consent to the adoption. In some instances, the family courts have the authority to waive the child’s consent. Biological parents must also give their consent to adoption. If a biological mother is placing the child up for adoption, they usually must wait at least 48 hours to sign their consent as described by Florida Statutes § 63.082(4)(b).

A family lawyer will be especially valuable to families dealing with child support disputes. In Florida, both parents are required to provide financial support to their children until they reach the age of 18 (or the age of 19 if the child is still in high school) (see Florida Statutes § 61.30(1)(a)). Child support can be ordered indefinitely if the child has special needs. Florida’s child support guidelines utilize an “Income Shares Model.” This model essentially provides for the child(ren) to receive the same proportion of parental income as they would have if the parents lived together. Generally, the amount of child support is calculated based on the total of the parents’ net incomes, with each parent being responsible for their pro rata share of the child support amount. Other pertinent factors accounted for include the number of children, health insurance expenses as well as the time-sharing arrangement. Florida’s child support laws provide detailed guidance on such things as investment income, retirement income, business income, and other types of income are to be counted. Another example addresses how income can be imputed to a parent found to have voluntarily unemployed or underemployed himself or herself.

Child support awards in Florida are always modifiable. As life evolves, the child support may no longer reflect the same circumstances as those existing at the time the amount was determined. Generally, child support is modifiable when there has been a substantial change in circumstances of the parties. For example, a change in a parent’s income (increase or decrease) or a change in the total overnights the child spends at either parent’s home, or a change in the relevant child expenses (e.g. child care costs) may provide a basis to modify the child support award. A final consideration is that modifications only apply prospectively and so as appropriate, modifications should be sought as soon as the need arises.

Divorce cases are among the most common types of cases our Bradenton family law attorneys handle. Between the division of marital property and debts and dealing with the hassles that come with whether, how much, and what kind of spousal maintenance (a.k.a. alimony) might be appropriate, having a skilled family attorney on your side can help finalize the divorce sooner so families can get back to their lives. In families with minor children, additional matters to be resolved include child support and custody.

Ideally, parents work together to come up with an appropriate Parenting plan. The parenting plan addresses time-sharing (a.k.a. child custody) as well as how decisions affecting the child(ren) are to be made. Florida starts with a presumption that equal or 50/50 time-sharing is in the child(ren)’s best interest. The burden to prove an unequal time-sharing arrangement falls on the parent arguing against it to show that 50/50 time sharing would not be in the best interests of the child(ren). Likewise, Florida prefers that the decision-making responsibility related to the child(ren) – which includes particularly decisions involving the education, health care, and welfare of the children, be shared. Sole parental responsibility is rare and only appropriate if it would be detrimental to the child(ren) for parental responsibility to be shared.

\Some families quietly attempt to resolve their issues without getting the courts involved – sometimes that works, other times, such a resolution proves unattainable. Other families move straight to legal action to protect their rights. In either case, understanding how the family court system will handle the situation is imperative. A knowledgeable Bradenton family law attorney with Luhrsen Goldberg can help spouses/parents, understand what to expect going forward.

We recognize how overwhelming this time in your lives can be, and aim to reduce this burden wherever possible. We have included a detailed FAQ below that discusses some of the most common questions and answers surrounding some of Florida’s most pressing family law issues. We encourage those who have additional questions or concerns to contact our legal team to request a confidential consultation for the customized answers they deserve.

Our Bradenton family law lawyers can help a spouse seeking an annulment, rather than a divorce. The difference between the two is that an annulment declares that the marriage never legally existed and returns the parties to their pre-union status. A divorce by contrast ends a legally valid marriage. In Florida, no statute covers annulments; instead, annulment is based on judge-made law (also known as the common law) (see the Florida Courts). Grounds for annulment either provide a reason that the marriage is void, as would be the case if one spouse was still married to someone else (e.g., bigamy) or one spouse was underage (18) and did not have the consent of a parent. Other grounds make the marriage voidable which means that there was a basis for the marriage, but something was later learned that provides grounds to nullify the marriage. Annulment is appropriate under the following circumstances:
Lack of mental capacity to consent, as for example if a spouse is under the influence of drugs or alcohol or suffering from a serious mental problem
Failure to disclose impotence
Bigamy
Lack of consent
Underage marriages where at least one spouse was not yet 18 and there was no parental consent
Marriage through fraud
Failure to consummate the marriage.

When marriage ends in divorce, couples must divide their marital property. Because an annulled marriage never existed, there is no marital property to divide up and the parties take the property they had prior. Alimony is generally not granted in annulled marriages

The parent paying child support may wonder how long they will be expected to continue making child support payments. Our Bradenton family lawyers help our clients understand that their children are entitled to financial support, not the child’s other parent. This financial support is designed to ensure the child has sufficient housing, food, clothing, health insurance, and anything else they might need to thrive.

Generally, the obligation to support a child continues until the child reaches majority (age 18 years). The obligation can continue until age 19 years if the child is still in high school. In certain circumstances, the obligation might end sooner, as for example when a child becomes emancipated. In other situations, it could extend indefinitely as can be the case when a child has special needs and is physically or mentally incapable of taking care of themselves (see Florida Statutes § 61.1255(2)(a)).

Yes, existing alimony and child support orders can be modified. A Bradenton family law lawyer can review the specific circumstances of the case to determine whether a modification is warranted.

Grounds to modify alimony upward or downward or even in duration requires a significant change in circumstances. In cases where alimony was not granted or granted as non-modifiable, then modification is not available. Some examples of potential circumstances that are significant enough to justify an alimony modification include the following:

A job loss or significant change in income;
A serious illness or disability affecting earning capacity;
Retirement of the payor;
Payee’s remarriage or cohabitation;
Lottery winnings or substantial inheritance.

To modify child support, a substantial change in circumstances is also required. Child support is always modifiable; unlike with alimony, child support order can never be designated as non-modifiable, nor can the parents waive it. A substantial change in circumstance can include a change in the income of either parent; a change to the overnight parenting pattern; and a change in child-related expenses. Unlike initial child support orders which can be awarded retroactively, modifications in child support are forward looking (from the date of filing for the modification).

Failure to pay alimony or child support payments could have significant, even devastating consequences. Failing to pay court-ordered alimony involves not only a failure to pay but also a violation of a court order, for which the court could find the obligor in contempt (civil or criminal). Courts have considerable latitude to determine whether fines or punishments are appropriate. In situations involving willful and intentional non-payment where there was an ability to pay, the court can find the obligor in criminal contempt, which risks jail time. Aside from contempt, a court can order garnishment of wages.

Failure to pay child support has similar risks and consequences. There are a variety of potential consequences that a child support delinquency could lead to. Bank accounts could be levied on; liens could be placed against an insurance settlement or IRS tax refund; a driver’s license or professional license could be suspended; or contempt proceedings could be initiated that in certain circumstances could lead to jail time. (See Florida Department of Revenue).

As important a part of a child’s life as grandparents can be, the circumstances under which they can pursue rights (from visitation to custody or adoption) are specific and limited. Generally, Florida parents have a fundamental right to make decisions related to their children, including who has access to their children, including grandparents. Generally, the court system trusts that parents know what is best for their children and will act in their children’s best interests. Under specific condition, the grandparents may petition the court for visitation rights. These conditions might include:

– One or both parents pose a significant threat to the child’s safety or well-being
– One or both parents are in a persistent vegetative state
– One or both parents have been deemed unfit
– One or both parents are missing
– One or both parents are incarcerated
– One or both parents are deceased

Custodial rights for grandparents are not easy to obtain. Generally, the grandparents need to show that custody would their grandchild(ren)’s best interests. Unfit parents or other exceptional circumstances must generally be proven.

Court systems do not grant grandparents rights lightly. Before a court order can be issued, the family court will consider several factors, including the impact on the child’s daily routine and education, whether the child has a strong bond with the grandparents, and whether the child has a preference for maintaining a relationship with their grandparents. The amount of child custody or visitation rights they receive will be based on the terms as described in the court order.

Family law issues are some of the most emotionally taxing legal experiences a person can go through. We understand how difficult these times can be and aim to help families cope throughout the legal process. Those who find themselves requiring support as they navigate domestic violence, restraining orders, guardianship, paternity, divorce, and other complex family law issues may benefit from the legal support and guidance of our respected Bradenton family law attorneys with Luhrsen Goldberg.

At Luhrsen Goldberg, we’re devoted to safeguarding individual rights and whenever possible working to collaboratively reach a resolution. Families who find themselves unable to agree may be able to resolve these issues sooner with our representatives in their corner. Those who are ready to take action but are unsure of where to begin can fill out our quick contact form or call our office to schedule a confidential case evaluation as soon as today.