Ten Things to Look for in a Family Attorney

This is a checklist of important factors in choosing an attorney to handle your divorce, custody, legitimation or other domestic relations cases, written by the lawyers at Rockhill Pinnick, LLP :I. Stays Calm.
Your attorney has to be able to stay calm and patient. Both sides in a divorce are usually far from calm, and the children, grandparents, and other people having to suffer the fallout from a divorce will be panicky as well. Your family lawyer should be able to deal with you in a calm, controlled manner. He should show patience with you and with the other side. Panicking rarely, if ever, solves a problem. 
II. Is Willing to Say No…. Even to You.
A good attorney is candid about your chances in obtaining an outcome on a particular issue. That attorney should also tell you if you are doing something wrong, or if you are wasting your time. Simply because a client wants something does not mean that it is the best thing for a client, or that it is the right thing to do. 

While some clients get upset when they find out that their attorney will not do everything that they are told, this is just the type of attorney that you should be seeking. Otherwise, your attorney will quickly get a reputation of asking for frivolous things or taking positions on issues that he knows the court will not adopt. That makes it tougher for that attorney to be successful on truly close issues. Also, you are paying good money for that attorney, and you deserve the best advice, not just what you want to hear.
III. Uses Technology.
Property division, pension allocation, child support issues, and many other matters relating to divorce and custody rely on software programs to make efficient, intelligent decisions. If your attorney is not up-to-date on these issues, and is still using pencil and paper to formulate a property division, he is behind the times. He should also be able to communicate with you by email, and discuss the opportunities and advantages of electronic communication when parents and children are living apart. If your attorney has not kept up-to-date on technical issues, it is unlikely that he has kept up-to-date on legal issues either.
IV. Knows the Playing Field.
Your attorney will not be able to predict the future. He will not always know how a particular issue will be decided. He should have enough experience with the judge, with the law, and with the other lawyer to intelligently analyze the probabilities.
If you are asking your attorney to travel to another county or jurisdiction, he should discuss with you what he knows, and doesn’t know, about the judges and lawyers in that area.
V. Puts Your Children First.
The client’s children need to be the number one priority for both the client and the attorney. No one should abuse, misuse, or manipulate the children in a divorce case. It is really that simple.
VI. Keeps His Eyes on Important Issues.
I once had an opposing attorney send me a letter vilifying my client, and demanding that I take action to make sure that my client (who was living in the marital home and had the family’s personal computer) immediately EMAIL her client’s resume to her. Given the fact that the woman was less than 25 years of age, I would have thought that she could probably remember where she went to high school, and what jobs she had held. This attorney was simply not willing to tell her client that this was not an important issue in the greater scheme of things, and that she should probably save her money for more important issues. Likewise, a client once asked me to file a contempt action after a final hearing in a divorce action. When the personal property was divided by the court, the client was to get a 60-foot garden hose from the side of the garage; he was certain that the garden hose’s disappearance was an intentional act to irritate him. I explained to him that it would have to be one heck of a garden hose to justify filing a contempt action, and again suggested that he spend his money in a more important area. An attorney who gets distracted in court by pursuing arguments about whether a bicycle should be in the mother’s home or the father’s home will not be as effective in front of most trial judges in dealing with the more important issue of where the child should be. 

VII. Is Open to Questions.
Your attorney should answer your questions. If he cannot, he should tell you why not. If you do not think that you are getting a fair answer to your question, then write him a letter or send an email. Frequently attorneys think that they have answered questions, but the client is still confused. Do yourself a favor and the attorney a favor and be sure to ask again. If you cannot receive an answer after that, then that attorney may not be for you. (Caveat: remember, your attorney cannot predict the future. If he could, he would be betting on football games in Las Vegas, not meeting with you at 4:30 p.m. on a Friday afternoon when the sun is shining, the fish are biting, and the beer is cold).
VIII. Makes a Good Presentation to You.
Remember, as a potential client, you are a potential boss. If an attorney does not behave, dress, and talk in a manner that provides good presentation to you, what makes you think he will do any better to a judge?
IX. Is Trustworthy.
In the popular media, sometimes people think the best lawyer is the one who is the sneakiest, or plays the closest to the edge of ethical, moral, or legal behavior. Resist the temptation to hire an attorney who acts like that. Judges will not let attorneys get away with that behavior for very long; opposing counsel will be much more difficult to work with (meaning you will be spending a lot more money); and ultimately you will have a more contentious divorce, with nothing to be gained to compensate you for the increased bitterness and expense.
X. Solves Problems.
If the attorney you are interviewing for hire simply talks in terms of winning and losing, get up and leave. By definition, every person going through a divorce suffers some loss, and certainly children are losers no matter what the outcome. What you want is an attorney who works to identify the problems and solve the problems. Solutions to these problems may come by counseling, a word of wise advice to you, patience, mediation, or possible trial in front of a judge. No options should be foreclosed. Five years after the divorce, you will not be able to remember who “won” or “lost,” but you will remember whether the divorce was too expensive, whether your financial settlement or division was extremely unbalanced, and how your children either suffered or survived after resolution of your case. An attorney who does not work to solve problems before going to court will not be a good family law attorney. "
SOURCE: DivorceNet.com

Posted at 09:15 PM in Attorney-Client Relationship | Permalink

How does Florida Law Protect the purchaser of a used vehicle?

The purchase of a used car is not protected under Florida's Lemon Laws, however, there are several other types of laws that can be used to help you in the event you discover that you've bought a used car lemon. First, the Federal Trade Commission (FTC) has what's called the Used Car Rule that requires dealers to provide consumers with a Buyer's Guide with warranty and other types of information. If the dealer has in any way failed to abide by the FTC Used Car Rule, you may have the basis for a legal claim. Second, each state has what are called Unfair and Deceptive Acts and Practices (UDAP) laws. If the dealer has, for example, made verbal promises or didn't tell you about issues relating to your used car, you may have a cause of action. Third, Florida has a version of the Uniform Commercial Code may provide you with a remedy. Lastly, the Truth in Lending Act and the Federal Odometer Act might also be valuable in obtaining lemon justice. Each of these laws may provide legal protection that may hold the seller of the vehicle liable if the car you bought is unsafe or in a bad condition.

Need more information:
Check out these helpful websites:
www.carlemon.com/lemon/FL_law.html
lemonlawflorida.info
www.yourlemonlawrights.com/​Florida-Lemon-Law.aspx


Please note that is purely informational and is not intended as legal advice. If you want legal advice it is best to contact a lawyer directly. this information is provided by a attorney licensed by the Florida Bar and graduate of St. Thomas School of Law.

What does it mean to be awarded shared parenting in a court proceeding?

Shared Parenting is the framework setup by the Florida Statutes for co-parenting between both parents after a divorce or a paternity case. Shared parental responsibility is a court ordered relationship in which both parents retain full parental rights and responsibilities and in which both parents confer with each other, so that major decisions affecting the welfare of the children will be determined jointly. The concept of shared parental responsibility is intended to protect the children’s right to an ongoing relationship with both parents. Although this setup is ideal and most preferred there are circumstances in which shared parenting will not work. However, when there is child abuse, family violence, or continuous parental conflict, the court may find that shared parenting would be harmful to the children. In such a case, the court may order sole parental responsibility, where only one parent makes decisions regarding the children. The court may also award one parent ultimate responsibility for decisions regarding a specific aspect of the child’s life such as education or religious upbringing.

Need more assistance:

http://www.trls.org/familylaw.html

http://www.flcourts.org/

How can I serve my husband divorce papers without his address?

Even if you are unsure about your spouses current residence if you are a resident of Florida for six months or more prior to filing. You can do a substitute service of your spouse by publication.

To file for divorce and serve your spouse through publication, you must take steps and then swear under oath that you have made diligent attempts to either serve your spouse or, if you do not know your spouse's whereabouts, made diligent attempts to locate your spouse. To prove this, you file an Affidavit of Diligent Search and Inquiry showing what steps you took along with a Notice of Action for Dissolution of Marriage. You will also be required to file a Nonmilitary Affidavit saying that your spouse is not in active military service in the United States. ( these forms and directions can be found at flcourts.org click the family law forms tab)
Once the requirements to serve through publication are met, you will publish a Notice of Action for Dissolution of Marriage for four (4) consecutive weeks in a local newspaper or publication. The clerk of court may provide you with publications qualified to print your publication. In your notice of action, there will be a date in which your spouse must respond by. If there is no timely response filed, then a default will be issued against your spouse and you may proceed with your divorce through the default process and have an uncontested hearing without your spouse. However, the relief you seek through the court will be restricted. The court will be unable to rule on certain issues such as alimony, child support and distribution of assets and liabilities.

Please note this is not meant to substitute seeking legal counsel and that choosing a lawyer is not something to be taken lightly.  If you need help please contact my office for an appointment.


Need more info: Check out this sites:
http://www.hg.org/article.asp?id=5637
http://myfamilylaw.com

I was never married to the child's mother do I have to pay childsupport?

The financial obligation to care and provide for one's offspring is not contingent on a marriage certificate. As the biological father of the child you are legally, and morally obligated to provide for their care. Your legal parental responsibilities can be legally determined either through your acknowledgment that you are a parent, by the fact that you had welcomed the child into your home as your own, or as established by a paternity test. Florida laws allow for the filing of a Paternity suit in which the actual parentage of the child can be established.Child support is not something that belongs to the parents it is the right of the child.


Need more information:

http://www.myfloridacounty.com/services/child_support/

http://www.flcourts.org/

My Spouse owes childsupport and they are gonna take our tax return what are my options?

In order to protect the portion of the tax return that you feel belongs to you the IRS allows you to file a form 8379 along with your tax return as a Injured Spouse.You are an injured spouse if your share of the overpayment shown on your joint return was, or is expected to be, applied (offset) against your spouse's legally enforceable past-due federal taxes, state income taxes, child or spousal support payments, or a federal non-tax debt, such as a student loan. If you are an injured spouse, you may be entitled to receive a refund of your share of the overpayment. In order to file a claim you will need to get Form 8379, Injured Spouse Allocation. The IRS has to make the determination that you qualify for such relief. 


Need more information:


http://www.irs.gov/publications/p971/ar01.html


http://www.ehow.com/how_9184_distinguish-between-injured.html

My girlfriend wants to move out of state with our child what are my options?

 First in order to protect your rights as the Father of the child you need to legally establish Paternity. Paternity is established by filing a petition with the court. Through this action you can also get visitation and determine custody, and child support. You should not let your girlfriend move away without establishing these rights. Also keep in mind that, Florida has a law called the “Relocation Statute”. The law says that once you have a divorce case or a Parenting Plan you cannot move the children more than 50 miles unless the other parent agrees or the Court says that you can. The law has a number of factors to consider, such as the reason for the move, how involved the non-moving parent has been with the children, and other important matters to decide if a move is in the best interests of the children. In any case you need to have a court order in place to assert your rights.

Need more information? Check these links below

www.divorcemag.com/ON/faq/pdfogelman.html

http://en.allexperts.com/q/Family-Law-Divorce-920/2008/2/move-child-1.htm