Paternity rights can be an important element of a child’s (and family’s) life, and help ensure that not only will the child receive the financial support needed in order to succeed, but also have access to certain benefits and information that could be helpful for the sake of their health and future.

While the law assumes that, when a couple is married, the mother’s husband is the father of the child, things can become more complicated when it comes to children born out of wedlock.

Paternity Law in Florida

Under Florida law, 1) any woman who is pregnant or has a child, 2) the man who believes he is the father of a child, or 3) the child may initiate court action to determine the paternity of the child; particularly, when the paternity has not been established by the law or any other means. Specifically, in order to preserve the right to notice and consent to the adoption of the child, the unmarried biological father must file a notarized claim of paternity form with the Putative Father Registry that deems him the “registrant” and confirms his willingness and intent to support the child. This claim may be filed before the child’s birth, but not after any petition for termination of parental rights has been filed.

In addition, there are procedures for the determination of paternity for children born out of wedlock, such as:

• Paternity determined within an adjudicatory hearing brought under the statutes governing inheritance, dependency under workers’ compensation, or similar programs;
• An affidavit acknowledging paternity or a stipulation of paternity (as executed by both parties);
• An adjudication by the Department of Revenue; or
• Voluntary acknowledgment of paternity.

The Law and “Fatherhood”

However, if a child is born to a woman who is married to someone other than the biological father, the biological father of the child may have very few rights. In this sense, the law often distinguishes paternity from legitimacy, in effect sharing or transferring the duties of fatherhood without affecting the child’s legitimacy. If, during divorce, parents stipulate that the husband is not the father of a child (whether the child has been born or is still unborn), that husband may still have to participate in a termination of parental rights precisely because parental rights—as assigned by marriage—are so strong and would otherwise continue.

In other words, a prospective father may automatically be regarded as the child’s parent if he was married to the mother at the probable time of conception, if he was cohabiting with the mother at the time of conception, or if the mother has received support payments with respect to the child.

Reach Out to Us Today for Help

Family court matters are not only incredibly important, but they can also be incredibly contentious, and place your family’s well-being in jeopardy. If you are dealing with paternity issues during marriage or divorce—or any other family law issue—contact one of our family law attorneys today for assistance. At HD Law Partners, our Florida attorneys are prepared to help you immediately.

Resources:

wptv.com/news/region-st-lucie-county/fort-pierce/judge-dismisses-fathers-paternity-petition-he-has-10-days-to-file-again

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/0742.html

Tags: Florida Family Law Attorney, Florida Family Law Attorneys, Florida Paternity Rights
Posted in Family Law, Paternity | No Comments »

When you’re contemplating or already engaged in the process of going through a divorce, ensuring that you work with the right divorce attorney is crucial. While you may be considering contacting attorneys referred to you by family or friends, perhaps you also found some law firms online that practice divorce law locally. But how do you know that they will care about your case, and ensure that your rights are protected throughout the process?

When it comes to ensuring that your divorce is handled right, you want to make sure that you do your homework in selecting a divorce attorney to work with. To start, there are some basic questions you should ask any attorney you are thinking of hiring for your case, which include:

Years Practicing & Cases Handled

It is crucial to find out if your attorney has specifically been practicing in family law, and if so, how many divorce cases they’ve handled. Depending upon the circumstances of your case, have they also worked in related important areas, such as child custody, property and asset distribution, etc.? If they have handled numerous divorce cases, do they have a particular clientele in these cases, such as focusing on fathers’ rights, etc.?

Solo Practitioner or Collaborate With Other Attorneys?

Whether or not the attorney is a solo practitioner, works in a small firm, works in a larger firm with a paralegal, etc. can also sometimes affect your case.

How Do You Assess Fees? Is There A Retainer?

When it comes to working with any attorney, it is crucial that you have a clear understanding of what the fee structure is, how billing is assessed, whether there will be a retainer for your case and if the retainer is refundable, etc.

Expected Timeline for Case

For many people, how long their divorce will take is of paramount importance, especially for couples who are concerned about the potential impact that the divorce might have on their children.

Mediation versus Litigation

Some couples who are contemplating a divorce are interested in alternatives to litigation, such as mediation and/or collaborative divorce, especially if it can help facilitate a resolution more quickly, all while costing less. However, if you are interested in these options, you want to make sure that the attorney you are considering to hire actually offers them.

What to Expect

During this difficult time, just having someone who is knowledgeable about the process explain what procedures to expect can be reassuring and ease some of the stress sometimes associated with the divorce process.

Answering Questions

How long does the attorney typically take to get back to his or her clients when they have questions, and do they have any questions for you?

Florida Divorce Attorneys Serving Clients in Orlando, Sarasota, Tampa, and Surrounding Areas

The Tampa family law lawyers at HD Law Partners provide knowledgeable, compassionate, experienced, and dedicated legal representation. Contact us today for a free consultation and learn how we can help you through the divorce process.

Resource:

huffingtonpost.com/karen-covy/10-tips-for-how-to-choose_b_10745056.html

Tags: Florida Divorce Attorney, Florida Divorce Attorneys, Florida Divorce Process
Posted in Divorce | No Comments »

When parents get divorced and/or otherwise go through a child custody dispute, sometimes the court will appoint what’s known as a Guardian Ad Litem to represent the child’s best interests (as a neutral third party). Guardians Ad Litem have typically completed mandatory training courses in order to become advocates, and effectively end up serving as trusted advisors for your child. In fact, in some instances, the parents themselves will request to have a Guardian Ad Litem put in place.

GAL Qualifications in Florida

The Guardian need not necessarily be an attorney, but if they aren’t, they must be certified by Florida’s Guardian Ad Litem program or by a legal aid program (unless the case involves allegations of child abuse, in which case the Guardian must either be an attorney or an individual certified by the state program). Under Florida state law, Guardians Ad Litem have considerable power, arguably assisting the court as the trier of fact in an effort to protect the best interests of the child.

GAL Responsibilities

Some of the core responsibilities of a Guardian Ad Litem include:

• Investigating any and all allegations of the pleadings that may affect the child;
• Interviewing the child and/or anyone else who might have info concerning the welfare of that child;
• (If necessary), petitioning the court to order a mental and/or physical examinations of the child, the child’s parents, and/or any other relevant parties, and even assisting the court in obtaining these impartial examinations;
• Petitioning the court for an order allowing them access to important documents, such as those related to any ordered examinations;
• Drafting written and/or oral recommendations for the court;
• Filing any pleadings necessary for the child’s protection and in their best interests; and
• Participating in any and all depositions, hearings, and other proceedings necessary to best represent the interests of the child.

The Guardian Ad Litem ultimately must file a written report that typically includes their recommendations and the wishes of the child, and it typically chronicles the Guardian’s work on the case. This report is first turned into the program office at least one week prior to the hearing so that the program staff can ensure that it conforms to the law and program guidelines before it is distributed to any parties or filed with the court. After this, it is served on all parties at least 20 days prior to the relevant hearing.

It is, however, important to keep in mind that a Guardian Ad Litem is typically discharged from a case once the court enters its final order. After this, they are not typically allowed to have contact with the child, nor can they supervise relevant child visitations.

Divorce & Timesharing Attorneys Who Care

If you are seeking assistance with any family law issue, including divorce and/or child custody and parenting time issues, our experienced family law attorneys can help you through the process. Contact HD Law Partners today to schedule a consultation. We serve clients in Orlando, Sarasota, Tampa, and surrounding areas.

Resource: heraldtribune.com/opinion/20170423/abramowitz-help-guardians-ad-litem-help-children

Tags: GAL, Guardian Ad Litem, Tampa Family Law Attorney, Tampa Family Law Attorneys
Posted in Divorce, Family Law, Guardianship | No Comments »

There are some key differences when it comes to the management of condominium versus homeowners associations in Florida. For example, this includes the ability to charge capital contribution fees, or the one-time charges associated with any transfer of title part of the association. For Florida homeowners’ associations, these fees typically range from $400 to $5,000, and are charged in order to ensure that there are finances in the association’s’ operating account (or capital reserves) once the developer leaves. These fees usually cover between one and three months of the association’s annual assessment amount.

In general, while condominium associations face certain restrictions when it comes to fees like these, homeowners’ associations, conversely, can charge these fees to new owners and/or to process lease applications.

The Condo and Homeowner’s Association Law in Florida

Under Florida law, the state legislature must first approve any fees charged to owners and tenants when it comes to condo associations. While developers can charge these fees to the original purchasers, they can no longer charge them once turnover has occurred. Thus, for example, fees associated with processing a lease or sales application, or transfer fees, cannot exceed $100 per applicant (other than a husband/wife or parent/child, both of which are considered to be one applicant).

However, the Florida Condominium Act does not apply to homeowners’ associations. Homeowners’ associations can set forth any fee they feel is necessary as long as it is detailed in the relevant declaration of covenants (aka governing documents). What this means is that even after turnover from the developer, members of homeowners’ associations can continue to charge transfer fees on resales as long as the transfer fees are regulated by the association’s documents. In addition, homeowners’ association members can always amend the documents after developer turnover to increase (or decrease) the fee amounts.

The law generally treats condo associations differently from homeowners’ associations because condos involve individuals and families living closer together, as they would in cities, and thus the law tends to favor having more rules and restrictions in place for condos. However, that’s not to say that there are no restrictions whatsoever on to what extent associations can make and collect assessments and to lease, maintain, repair, etc. association property; for example, the association may not charge a use fee against a unit owner for the use of common elements or association property unless it is otherwise provided for in the declaration or by a majority vote of the association (or unless the charges relate to the expenses incurred by an owner having exclusive use of the common elements or association property).

Homeowners and Condominium Association Attorneys Serving Orlando, Sarasota, and Tampa

Homeowners’ association managers and owners play important roles in maintaining the operations and upkeep in many living communities here in Florida. When it comes to ensuring that your association is in compliance with the law, having the right lawyer on your side is a key element towards ensuring your success.

At HD Law Partners, our homeowners and condominium association attorneys provide experienced legal representation you can count on. With over 40 years’ combined experience, we can provide the expertise to help ensure your property’s interests and assets are protected. Contact us today to find out how we can help you.

Resources:

delraynewspaper.com/condominium-associations-homeowners-associations-look-23960

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html

Tags: Condo Association, Florida Condominium and Homeowners’ Associations Fees, Florida Homeowners Association Attorney, Florida Homeowners Association Attorneys
Posted in Homeowners Association | No Comments »

Going through formal divorce proceedings can be expensive with court costs and attorneys’ fees. One alternative option to seeking a divorce is a collaborative divorce. Collaborative divorces have become increasingly popular, are less expensive, and are less adversarial than traditional litigation.

What is a Collaborative Divorce?

A collaborative divorce is where the parties and their respective attorneys agree to handle the matter without the involvement of the court system. The parties attempt to amicably resolve the case through settlement negotiations and the hiring of experts i.e. a counselor, therapist, or accountant if necessary.

The Benefits of a Collaborative Divorce

Some pros associated with collaborative divorces are there are no court imposed time restraints and if the collaborative divorce is not working, it can be ended by any one party and the parties can then proceed to litigation. However, the attorneys that represented the parties during the collaborative divorce can no longer represent their clients in the litigation. Another disadvantage to a collaborative divorce is that it has the potential to be more expensive if negotiations break down or if one party is not participating or acting reasonably. There is also no threat of court action to force the other party to participate reasonably.

A collaborative divorce is something to consider when seeking a divorce. As discussed they can be resolved more peacefully than through litigation and it is a way to keep your case out of court.

Florida Divorce Attorneys Serving Clients in Orlando, Sarasota, Tampa, and Surrounding Areas

The Florida divorce/family law attorneys at HD Law Partners provide knowledgeable, compassionate, experienced, and dedicated legal representation. Contact us today for a free consultation and learn how we can help you through the divorce process.

Source: http://www.sblumenthallaw.com/collaborative-divorce.html

Tags: Florida Divorce Attorney, Florida Divorce Attorneys, Tampa Divorce Lawyers
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On Monday March 20^th, a Florida appeals court sided with State Farm Florida concerning a dispute over whether insurance policy information can technically be considered a “trade secret” shielded from public disclosure. Insurance policy information frequently contains confidential business information which, if viewed by other companies, could provide them with a competitive advantage. While insurance companies have long been required to file such information with the government through the Quarterly and Supplemental Reporting System, companies like State Farm have sought to keep this information confidential (i.e. not disclosed to the public) precisely because the information could be used by competitors if made public.

After a Leon County circuit judge agreed with State Farm on this issue last year, the Office of Insurance Regulation (OIR) decided to appeal it in an effort to release the information to the public. However, on Monday, the three-judge appellate panel disagreed with the OIR that keeping the information confidential would harm consumers, undermine transparency, and increase the OIR’s administrative burden.

The Law in Florida

Florida law defines trade secrets as information (including a formula, pattern, compilation, program, device, method, technique or process) that derives independent economic value (actual or potential) from not being generally known to (and not being readily ascertainable by proper means by) other people who can obtain economic disclosure or use (providing, of course, that these efforts to maintain its secrecy are reasonable, given the circumstances). For this precise reason, the Florida legislature purposely exempts trade secrets from the state public records law.

In this case, all that State Farm needed to do was present evidence that its data meets the Legislature’s definition of trade secrets. In doing so, it was clear that, if the information was made public, a competitor could use State Farm’s data to see where the company is growing and proceed to use that information in order choose where they might have an economic advantage without having to invest marketing funds. While the OIR claimed that it needed to provide the data to the public in the form of reports listing the top 25 property insurers, the judges disagreed with the agency, finding that this objective did not supersede the Legislature’s intent to protect businesses’ trade secrets.

Florida Business & Insurance Attorneys Serving Orlando, Sarasota, and Tampa

You have a right to protect your company’s trade secrets and other confidential business information that could be used by other companies or individuals to gain a competitive advantage.

At HD Law Partners, we have been providing excellent legal representation for insurance and other companies in Florida communities for years. Contact us today to obtain valuable and comprehensive legal advice from our team of experienced Tampa business lawyers.

Resource:

orlandosentinel.com/business/os-bz-nsf-state-farm-florida-ruling-20170320-story.html

Tags: Florida Business and Corporate Lawyer, Florida Business and Corporate Lawyers, Insurance Company Trade Secrets, State Farm Florida
Posted in Business Corporate | No Comments »

The latest developments surrounding a ban that Florida’s Suntree Master Homeowners Association wants to place on allowing sexual offenders and sexual predators to live on the property has made news headlines. This housing restriction sheds light on what rights homeowners associations and other property managers have in terms of setting particular standards for residential developments, and what measures they may take in ensuring that very particular goals are met.

Specifically, the association is asking residents to amend their housing restrictive covenants and approve expanding the zone of protection of city and county ordinances in order to bar sexual offenders and predators from owning or renting there, effectively restricting offenders from residing within 3,000 feet from areas where children regularly congregate (which effectively covers the entire Suntree development). The association’s proposed policy could soon become one of the strictest when it comes to whether or not sexual offenders and predators can be banned from residential developments.

Suntree Master Homeowners Association

Suntree is one of Brevard County’s largest residential developments, with 4,500 households that include townhouses, apartments, single-family homes, schools, day care centers, trails, golf courses, parks, bike paths, and numerous neighborhoods (or sub-associations).

Fair Housing Statutes & Housing Covenants

When it comes to fair housing statutes, bans such as these are arguably legal because housing covenants tend to have a significant amount of power over what, specifically, can make up a given neighborhood. While anyone already living at the development who has been convicted of sex crimes would typically be grandfathered in; in this case, Suntree has stated that it will determine these circumstances on a case-by-case basis.

Approximately one year ago, the U.S. Department of Housing and Urban Development issued guidance concerning any restrictions placed on selling or renting properties to convicted felons. Specifically, the Department was concerned that housing restrictions could end up adversely affecting particular races more than others due to the correlation between race and a higher number of arrests and convictions in general.

However, when it comes to directives like those of Suntree’s, it is important to look at the specifics of what a homeowners association is proposing. By becoming a part of the association’s declaration of covenants, the restriction would likely survive a challenge under the Fair Housing Act and Florida law under the premise or general concern that sexual offenders are more likely to commit crimes in the future, regardless of race.  For example, it is somewhat common for local governments to restrict registered sex offenders from living within a certain distance of a school or park out of concern for public safety, and where a state or local government has a concern, an association arguably has the right to have that very same concern.

Florida Homeowners Association Attorneys

At HD Law Partners, our homeowners association and property manager attorneys advise clients in Orlando, Sarasota, Tampa, and surrounding areas. We provide proactive legal representation and help ensure clients that their property interests are protected and any and all policies are in keeping with federal and state laws. Contact us today for assistance.

Resource:

floridatoday.com/story/news/2017/03/03/suntree-wants-ban-sex-offenders-living-there/98649004/

Tags: Florida Homeowners Association Attorney, Florida Homeowners Association Attorneys, Florida Homeowners Associations, Housing Restrictive Covenants in Florida, Suntree
Posted in Homeowners Association | No Comments »

While most people generally know what mediation is, if you are contemplating or going through a divorce, it can be helpful to know more about how it specifically works within the context of divorce law, and how you can work with an experienced Florida divorce law attorney in the process of mediation in order to achieve a resolution you are happy with at the outcome of the process.

In a nutshell, mediation aims to help both parties avoid litigation (where they ask the court to decide the terms of the divorce) and instead come to some form of agreement as to the key terms. However, it is not the only option available if you wish to avoid litigating your divorce in court.

Mediation

In mediation, parties meet in a private, confidential setting, with a neutral third party (and their attorneys) present in order to assist the parties with communication and staying on course to come to a particular agreement, outcome, or resolution, as a result of the mediation. The mediator is not always an attorney, thus it is crucial that each party work with their own attorneys so that the terms of what they are working towards are clear and any desired outcomes are achieved as a result of the mediation. All that the mediator can do is help facilitate communication between the parties, thus it is your responsibility to ensure that your legal interests are represented throughout the process.

Mediation can be helpful to couples in terms of keeping the relationship out of court and minimizing costs. It can also minimize the amount of stress involved in a divorce, especially when a couple is concerned that obtaining the divorce in court could be contentious and have negative effects on their children.

Mediation can be sought out any time before or after divorce papers have been filed and, in fact, some Florida counties, such as Hillsborough County, require it in any child custody and visitation cases. However, keep in mind that not all of the terms of the divorce need to be decided in mediation; parties can come up with a partial agreement and leave other issues up to the court. This is where your family law attorney will assist you in coming up with the very best outcome for your interests, including reviewing any and all agreements before they are finalized.

Collaborative Divorce

The collaborative divorce process is slightly different from mediation. In addition to each party and their attorneys being present, there are other experts present as well, such as financial experts and mental health professionals. In addition, at the outset, parties agree not to litigate; however, it is important to note that, should the collaboration break down, the right to litigate is never forfeited.

Contact Professional Divorce Attorneys Experienced In Mediation

The Florida divorce/family law attorneys at HD Law Partners regularly assist couples with mediation and other resolution-based processes when it comes to divorce. We provide knowledgeable, experienced, and dedicated legal representation for any and all family law proceedings, serving clients in Orlando, Sarasota, Tampa, and surrounding areas. Contact us today for a free consultation.

Tags: Florida Divorce Attorney, Florida Divorce Attorneys, Florida Divorce Mediation
Posted in Divorce, Family Law | No Comments »

The Eleventh Circuit (which includes Florida) recently confirmed a rule early codified into contracts law known as the Economic Loss Rule, which prohibits a plaintiff from recovering under a torts-based claim (such as a claim for negligence) when a product defect fails to cause personal injury or property damage.

Although the Florida Supreme Court had previously strengthened the scope of the Economics Loss Rule, this recent case brought before the Eleventh Circuit demonstrates that parties still attempt to hold manufacturers and other businesses responsible for negligence when it is clear that contract law bars such a claim. Because of this risk, it is wise for businesses to build specific safeguards into legal contracts in order to avoid certain disputes.

The Economic Loss Rule

The Economic Loss Rule has long-prevented parties from bringing a tort claim when a product defect or failure only causes damage itself (i.e. results in economic loss) but does not cause harm or injury to an individual or their property. When this happens, any party who wishes to sue a manufacturer or business must sue under breach of contract, but not under product liability claims.

Florida Supreme Court’s Expansion

Not only has the rule historically barred these types of tort claims without exception but, in fact, over the past four years, the Florida Supreme Court has expanded the scope of the rule in response to questions posed by the Eleventh Circuit. Specifically, the court reaffirmed that the economic loss rule precludes recovery of economic damages in torts where there is no property damage or personal injury, and also limited the application of the rule to those situations where the parties were not in privity to each other. In other words, the Court deemed that where parties had an existing contractual relationship, the Economic Loss Rule completely barred a product liability claim.

Eleventh Circuit Reaffirms

The Economic Loss Rule was recently reaffirmed by the Eleventh Circuit in a decision which ruled in favor of the manufacturer’s motion to dismiss. Specifically, the case involved a radiologist who filed a negligence claim against the manufacturer of his MRI scanner (which no longer worked). While the radiologist claimed that the machine no longer worked due to negligent servicing, in fact, the servicing contract with the manufacturer had long expired before the claim was even filed. As a result, the Court correctly dismissed the claim, reaffirming that plaintiffs cannot recast contract claims as negligence claims.

Protect Your Business

Regardless of how consistently the Economic Loss Rule has been strengthened by the courts, parties will still sometimes seek to hold manufacturers and businesses liable under tort law instead of appropriately bringing a breach of contract claim. In an effort to avoid expending litigation funds to dismiss such claims, working with an experienced business attorney can help ensure that any contracts you enter into as a business prevent you from being frivolously dragged into court.

At HD Law Partners, our Orlando, Sarasota, and Tampa, Florida business & corporate law attorneys possess the legal knowledge and skills necessary to help prevent potential problems before they occur, while also addressing any present difficulties you may be facing. We can ensure that your company’s assets and best interests are protected. Contact us today to set up a free consultation.

Resource:

casetext.com/case/tiara-condo-assn-inc-v-marsh-united-states

Tags: Florida Corporate Defense, Tampa Business Lawyer, Tampa Business Lawyers
Posted in Business Corporate | No Comments »

Similar to the division of marital assets during divorce, couples also typically have to deal with the division of marital debt when they part ways. Florida treats marital debt similarly to the division of property by splitting it up via equitable distribution once it is determined what is marital versus nonmarital. However, if one spouse inequitably incurred that debt, the courts also have the discretion to label that debt “non-marital” and assign more of that debt to the spouse who’s responsible for it. This is important to note, as a new report released by Creditcards.com indicates that 12 million consumers have concealed a bank account or credit card from their spouses.

Thus, if you are going through or contemplating going through a divorce, you will need to work closely with an experienced family law attorney in order to ensure that you aren’t unfairly responsible for the debt your soon-to-be former spouse largely built up without your knowledge or participation.

The Law in Florida

Florida law bundles the (equitable) distribution of marital assets and liabilities all in one, whereby, the courts set apart each spouse’s nonmarital assets and liabilities, and in distributing them between the parties, starts with the assumption that the distribution should be equal unless there is justification for an unequal distribution based on all relevant factors, including but not limited to:

• The contributions made by each spouse to the marriage;
• The economic circumstances of the parties;
• The duration of the marriage;
• Any interruption of careers of educational opportunities involved;
• Any contributions of one spouse to the career or educational opportunity of the other;
• The contribution of each spouse to the incurring of liabilities; and
• Any other factors necessary to do equity and justice between the parties.

The Reality of Marital Debt in a Divorce

Given that the law seeks to distribute everything—including liabilities—equally, this can be frightening to those who are both subject to and/or contemplating a divorce, to learn to what extent most couples are keeping financial secrets from each other. According to the statistics, the older you are, the more likely you are to have a secret account, and like any other indiscretion, what starts out small can build with time, where many secret purchases are $500 or more.

Work With an Experienced Florida Divorce Attorney

If you or someone you know is preparing to get married or going through a separation or divorce, it is crucial that you start protecting your financial interests as soon as possible in the process.

At HD Law Partners, we can help. Our divorce attorneys in Tampa, Orlando, and Sarasota have significant experience in working on divorce and property distribution cases. We can provide the legal representation and guidance you need and ensure that you remain protected, regardless of your particular circumstances. Contact us today and find out how we can help.

Resource: https://consumeraffairs.com/news/report-finds-older-couples-more-likely-to-conceal-spending-from-spouse-021317.html

Tags: Florida Divorce Attorney, Florida Divorce Attorneys, Florida Property Distribution, Marital Debt
Posted in Divorce, Property Distribution | No Comments »