Going through a divorce is difficult enough without also taking into account the potential impact that it could have on your children and your ability to spend time with them. There is a significant amount of debate amongst everyone involved—from policymakers, to judges and mental health professionals—on what is best for children. As a result, it is crucial that you educate yourself about Florida state child visitation laws and regulations so that you are prepared to do what’s best to protect you and your family—both by doing the research, and working with an experienced family law attorney.

The Law in Florida on Child Visitation

As in other states, the primary consideration of the law in Florida is what is in the best interest of the child. After divorce, parents in Florida come up with a parenting plan which includes a time-sharing schedule, and that schedule governs each parent’s relationship with the minor child. Once established, the determination or schedule cannot be modified without a showing of substantial, material, and unanticipated change in circumstances (as well as a determination that the modification is in the best interests of the child, of course).

But how does the law specifically determine what is in the best interest of the child? State statute evaluates a variety of factors deemed to be important to the welfare and interests of the child and the circumstances of that family, including but not limited to:

• The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, honor the time-sharing schedule, be reasonable when changes are required, stay informed of the circumstances of the child (such as their friends, teachers, medical needs, activities, etc.), provide a consistent routine for the child, communicate with and keep the other parent informed, etc.;
• The anticipated division of parental responsibilities after litigation;
• The demonstrated capacity and disposition of each parent to determine and act upon the needs of the child (as opposed to their own);
• The anticipated division of parental responsibilities after litigation (including any delegation of parental responsibilities to third parties);
• The length of time the child has spent in a stable, satisfactory environment (and the desire to remain in that environment);
• The geographic viability of the parenting plan (with special attention to the needs of the child and traveling times);
• The moral fitness and physical/mental health of the parents;
• The home, school, and community record of the child;
• (If applicable) the reasonable preference of the child;
• Any evidence of domestic violence, sexual violence, child abuse, abandonment, or neglect;
• The ability of the parent(s) to maintain an environment for the child which is free of substance abuse; and
• Any other factor that is relevant to the determination of the parenting plan.

Florida Divorce & Child Custody/Visitation Attorneys

Whether you are simply contemplating divorce or are concerned about child custody and visitation rights, we can help. The attorneys at HD Law Partners are experienced timesharing and parenting plan attorneys who both understand the complexities and difficulties involved in family and divorce law, but at the same time, fight aggressively for our clients’ rights. We regularly work with families in Orlando, Sarasota, and Tampa to ensure that their best interests are protected. Contact us today to find out how we can help.

Resources:

https://acfc.org/acfc/assets/documents/Articles/Nebraska%20Lawyer%20Magazine.pdf
https://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

Tags: Child Visitation Rights, Florida Family Law Attorney, Florida Family Law Attorneys, Florida Timesharing Arrangements
Posted in Divorce, Family Law, Timesharing | No Comments »

As the Wall Street Journal reported this month, video evidence has emerged as a powerful tool in housing court battles, especially in exposing tenants who have fraudulently claimed rent-controlled apartments as primary residences in order to pass those rights onto relatives in violation of the law.

As a result, courts have recently upheld the rights of landlords to mount hidden security cameras in lobbies, hallways, and other shared spaces, in spite of tenants arguing that video surveillance is an intrusive form of harassment.

Many property owners and businesses establish video surveillance in order to provide for security measures, prevent crime, and protect customers. Thus, it makes sense that landlords and property managers would have some of the same rights as business owners, even if video surveillance is established in order to monitor tenants.

The Law in Florida regarding Surveillance Cameras

Under the U.S. Constitution, a person has a reasonable expectation of privacy in certain areas, such as in bathrooms, locker rooms, their own apartments, etc., such that it is illegal to set up video surveillance in these areas.

When it comes to private property, video surveillance requires consent of the property owner; however, property owners who rent to tenants cannot install surveillance cameras in areas where those tenants and their guests have a reasonable expectation of privacy, such as inside a home, apartment, its bedrooms, etc. The law draws a line between a reasonable expectation of privacy within private areas versus public spaces and common areas; thus, surveillance cameras and similar technology may be lawfully installed in common areas of both residential and commercial buildings, even if to monitor tenants.

Oral Communications & Workspaces

The law is similarly applied to employers, who can conduct surveillance of employees while they are on the job, with a few exceptions. Video surveillance is generally permitted except in areas that would violate an employee’s privacy, such as in restrooms, locker rooms, and similar areas.

However, it is important to note that the same rules that apply to video surveillance do not apply to all oral communications. Unlike many other states, Florida is a two-party consent state; meaning that oral communications which take place in areas where there is a reasonable expectation of privacy are private and cannot be recorded, unless both parties consent otherwise.  Thus, conversations conducted within a person’s home are off-limits (unless both parties consent to being recorded), but not necessarily those which take place at work (for example, there is no reasonable expectation of privacy in a conference call or in one’s emails).

Attorneys Representing Property Owners in Tampa, Orlando, and Sarasota, Florida

If you are a landlord or property owner in need of legal assistance, HD Law Partners can help. We have more than 40 years of combined experience in representing owners in property disputes, and are dedicated to serving our Florida clients. Contact us today and we can discuss your options.

Resource:

wsj.com/articles/video-evidence-emerges-as-weapon-in-landlord-tenant-fights-1484146858

Tags: Florida Homeowners Association Law, Florida Landlord-Tenant Disputes, Property Dispute Florida, Property Owner Rights Tampa
Posted in Homeowners Association, Landlord Tenant | No Comments »

Many of us may know someone, or perhaps you have yourself, performed a side job to earn a little extra income. You have probably never considered what the insurance implications are if you were involved in a motor vehicle accident while driving for Uber or delivering pizza. But what many people do not know is that their side job could cost them more in the end if they are not properly insured.

Am I covered by my personal insurance policy?

There is a standard clause in most personal automobile insurance policies that most people are not aware of. Personal auto insurance policies provide coverage for one’s personal needs only. Generally, personal automobile policies exclude coverage if the automobile is being used for commercial purposes, such as carrying property or persons in exchange for a fee or compensation. This would include using your personal vehicle for the following services:

• Uber/Lyft;
• UberEats;
• Pizza delivery;
• Limousine or shuttle driver;
• UPS and Fedex delivery; and
• Any other type of employment which requires the transportation of property or persons, excluding farming and ranching.

The same may apply if the car was borrowed and used for commercial purposes. If you are a parent that allows your child to borrow the family car for delivering pizza, you should review your policy.

Am I covered if I carpool with co-workers?

If you participate in a shared-expense car pool, one in which everyone in the car pool proportionately contributes to cover the actual travel expenses, you should still be able to insure your vehicle under a personal auto policy rather than a commercial auto policy.

What should I do if I’m not covered?

Check with your employer if coverage is available through them. You should also call your insurance company to see if they could provide supplemental coverage or they may advise/assist you in switching to a commercial policy.

Experienced Insurance Attorneys

HD Law Partners is an experienced full-service litigation law firm representing institutional, corporate, and private clients. With over 50 years of collective litigation experience, you can count on HD Law Partners to provide you with practical, strategic legal advice and effective representation designed to help you reach your goals. Contact us today and find out how we can help.

Posted in Auto Insurance | No Comments »

On January 13th, the U.S. Supreme Court agreed to hear a case that could have national, broad implications for all employers and businesses, especially those who utilize employment contracts to mandate that any disputes be raised via arbitration rather than in court, and on a one-by-one basis (i.e. the opposite of class action). The decision will also affect countless other businesses, as not only are arbitration clauses present in many employment contracts, but also in many service- and various consumer-based contracts, such as those for nursing homes, cell phones, credit cards, and others.

Some experts predict that the Court will uphold the ability for private companies to establish this kind of requirement in employment contracts, not only because that is in accordance with the general freedom to contract, but also because the Court already ruled (in 2011) that the Federal Arbitration Act favors arbitration and allows companies to set these types of limits (see AT&T Mobility v. Concepcion).

It is expected that the court will hear these arguments sometime in April.

The Connection to Class Waivers

Also at issue in the case is whether the National Labor Relations Act, in prohibiting class waivers, essentially protects workers’ rights to class action lawsuits because it technically protects ‘engaging in concerted activities.’ The answer will ultimately have a strong effect on both employers and employees throughout the nation, as arbitration agreements have become so widespread and the current legal patchwork leaves many confused.

The Law on Arbitration

The Federal Arbitration Act makes arbitration agreements valid, irrevocable, and enforceable. Courts have historically placed arbitration agreements on an equal footing with other contracts because it is a fundamental principle that arbitration is a matter of contract. As a federal law, it also preempts any state laws which declare these types of provisions to be unconscionable.

In 2013, Florida joined 17 other states and the District of Columbia in adopting the Revised Uniform Arbitration Act, ultimately leading to the creation of the Revised Florida Arbitration Code. The revisions addressed who decides the arbitrability of a dispute, the availability of provisional remedies before and during, the court’s’ power to enforce rulings by the arbitrator, the arbitrator’s immunity, and various other procedural matters of arbitration.

Attorneys Working To Protect Corporate Employers and Businesses

As a business owner, any and all issues pertaining to employees and other associates require careful handling and a strong level of both experience and skill.

At HD Law Partners, our Tampa business law lawyers possess the knowledge and experience necessary to help prevent potential problems before they occur, while addressing any current difficulties you may be facing. With over 40 years’ combined experience in representing clients in a variety of types and sizes of businesses, we are strong legal advocates, working aggressively to ensure that your company’s best interests are protected. Contact us today for any legal matters related to commercial litigation, business, defense of judgments (in consumer protection), and corporate law.

Resources:

https://nytimes.com/2017/01/13/us/politics/scotus-mandatory-employee-arbitration.html?mabReward=A1&recp=2&action=click&pgtype=Homepage®ion=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine&_r=0

https://nytimes.com/2017/01/13/us/politics/scotus-mandatory-employee-arbitration.html?mabReward=A1&recp=2&action=click&pgtype=Homepage®ion=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine&_r=0

https://supremecourt.gov/opinions/10pdf/09-893.pdf

https://leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0682/0682.html

https://law.cornell.edu/uscode/text/9/chapter-1

Tags: Business Protection, Employment Contracts, Florida Arbitration Clauses, Revised Uniform Arbitration Act, Tampa Business Lawyer, Tampa Business Lawyers, Tampa Corporate Attorney, Tampa Corporate Attorneys
Posted in Arbitration, Business Corporate | No Comments »

As is the case in general when it comes to family law, courts are always concerned about what is in the best interest of the child when it comes to making custody and parenting/time-sharing arrangements. At the same time, courts, in general, also have to respect the Parental Rights Doctrine, which historically upheld parents’ fundamental right to raise children as they see fit.

Although a decision in 2000 opened the door for states to become more involved in what, exactly, that parental right entails, it is the public policy of Florida that each minor child has frequent and continuing contact with both parents after they separate, and encourage parents to share in their rights and responsibilities.

That being said, there are some circumstances under which a child’s biological father can be denied parental rights. It is crucial, therefore, that if you have a child born out of wedlock or are going through a divorce, you understand how Florida is different when it comes to the concepts of child custody.

Traditional: Legal Vs Physical Custody

Most child custody concepts differentiate between “legal” custody and “physical” custody. Traditionally, legal custody granted the parent the right to make important, binding, long-term decisions, such as those that apply to medical care and education; while primary physical custody described the parent with whom the child spent most of their time with.

Florida: Sole vs. Shared Responsibility

While Florida prefers that parental responsibility for a minor child be shared by both parents, if the court finds that shared responsibility will be detrimental to the child (i.e. if one parent has been convicted of a first degree misdemeanor or higher involving domestic violence and/or meets various other criteria outlined under law), the court can order “sole parental responsibility” and make whatever time-sharing arrangements it deems to be in the best interest of the child. However, even with shared (joint) responsibility, the child will typically have a primary residence.

Alternative Arrangements

Florida courts can also provide for alternative arrangements for a child if it is in the child’s best interest. That can involve more time-sharing with grandparents, or even appointing a guardian for a minor.

Child Support in Florida

Florida has a set of child support guidelines that it follows. The guidelines are roughly based on such factors as the needs of the child, age, station in life, standard of living, and the financial status and ability of each parent.

Advice & Legal Representation in Florida Child Custody Issues

If you or a loved one is involved in a child custody dispute or working on child custody arrangements, contact HD Law Partners today to get the professional legal help you need. Our experienced team of Tampa, Orlando, and Sarasota timesharing and parenting plan attorneys provide strong legal advocacy and ensure that you and your child’s best interests are protected.

Resources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html

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

wptv.com/news/region-c-palm-beach-county/west-palm-beach/biological-father-challenges-florida-law-stripping-him-of-parental-rights

Tags: Florida Custody Dispute, Florida Timesharing Arrangements, Parental Rights Doctrine, Shared Parenting, Tampa Family Lawyer, Tampa Family Lawyers, Tampa Timesharing Attorney, Tampa Timesharing Attorneys
Posted in Divorce, Family Law, Timesharing | No Comments »

Divorce and child custody issues are already difficult enough without also having to address the issue of relocation after divorce. Depending upon the specific circumstances surrounding the relocation, it could very well affect the amount of time a parent spends with their child. For these reasons, it is important to understand what Florida law dictates when it comes to parental relocation after timesharing and parenting plans have already been finalized.

The Law in Florida on Relocation after Divorce

When one parent plans to relocate, parents often find themselves in court in order to find some resolution, as, especially when that relocation involves long distance, it can be very difficult to come to some consensus on what is best for both the child and the parents. This warrants working with an experienced family law attorney if you are dealing with this issue, as states have different laws in place when it comes to the issue.

Florida law defines relocation as a change in the location of the principal residence of a parent or other person from their principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time any action to establish or modify time-sharing was filed. In order for it to technically be considered relocating, the change of location must be at least 50 miles from the principal residence of a parent (for at least 60 days; in other words, this does not include a simple vacation).

If a parent needs or wants to relocate, they can do so by agreement with the other parent, or by filing a petition with the court. Of course, the other party also has the right to object to the relocation by filing an answer that includes the specific factual basis supporting why the relocation should be prohibited. The court then has the ability to grant a temporary order restraining the relocation or return of the shared child, depending upon the circumstances, if the relocation has not been agreed upon and/or does not have the consent of the court.

In most states—including Florida—it is the best interest of the child which will guide the court’s decision regarding how shared parenting time should be impacted by a relocation. Thus, in making one’s case to the court, each parent must demonstrate how either preventing relocation or allowing it will improve the child’s overall quality of life.

Divorce & Relocation Attorneys Serving Tampa, Orlando, Sarasota, and Surrounding Areas

Parenting decisions–including how often parents can see their children–will have a lasting influence on both the child and their relationship with the parent. If you are dealing with divorce, child custody, and/or relocation issues, working with a caring, professional family attorney is essential.

At HD Law Partners, our family law lawyers Tampa have over 40 years’ combined experience in helping clients navigate Florida’s complex family court system. We put our knowledge, experience, and abilities to use in helping you achieve the desired results in your case. Contact us today for a free consultation.

Resources:

huffingtonpost.com/andrea-moore/moving-after-divorce_b_4460105.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html

Tags: Child Relocation, Florida Parenting Plans, Florida Timesharing Arrangements, Relocation after Divorce, Tampa Divorce Lawyer, Tampa Divorce Lawyers, Tampa Family Law Attorney, Tampa Family Law Attorneys
Posted in Divorce, Family Law | No Comments »

A new Florida alimony bill was filed on January 21, 2017. Below are some of the biggest adjustments we found made to the alimony bill.

• Cap on alimony and child support combined: the combined award of alimony and child support should not exceed more than 55% of the payer’s net income. If the combined award exceeds the maximum percentage of the payer’s net income, the court will adjust the child support award to ensure that the cap is not exceeded. (Lines 361-367)
• Prohibition of changes to duration of alimony: the new bill will prohibit a court from changing the duration of an alimony award. (Lines 453-455)
• Remarriage: the remarriage of an alimony payer does not allow for a modification of alimony. The financial information for the new spouse will be off limits and inadmissible in court unless one claims that his/her income has decreased since the marriage. (Lines 559-579)

Experienced Florida Divorce and Alimony Lawyers

Are you facing divorce and have questions regarding the new alimony bill? When it’s a matter of importance, let our qualified alimony attorneys take the lead. HD Law Partner’s divorce and alimony attorneys have over 50 years of collective experience to provide you with the representation you need. Contact us today for help.

Source: http://m.flsenate.gov/Session/Bill/2017/0283/BillText/__/PDF

Posted in Alimony, Divorce | No Comments »

Recently, the 11^th Circuit Court of Appeals upheld a ruling in support of an insurance company, clarifying the importance of what evidence is required in order to prove that a claimant has suffered from a permanent injury.

The bad faith case filed in the Middle District of Florida involved an insurance claim originally filed against Geico in 2009 for allegedly failing to provide the claimant—Catherine Cadle—with the maximum payout/settlement under her motorist policy for injuries she was supposedly suffering from due to a 2007 car accident. Geico responded that Cadle had failed to provide sufficient evidence that she actually suffered from a permanent injury.

Permanent Injuries

In claims involving allegations of permanent injuries, an insurer is entitled to rely on the documents provided by the claimant’s attorney; however, reliance on these documents cannot amount to bad faith (in other words, a court will not hold that an insurance company acted in bad faith in only relying on the documents provided by the plaintiff and failing to do their own investigation).

Non-economic damages are only available under an insurance policy if the claimant (aka the plaintiff) suffers from a permanent injury. Here, the 11^th Circuit found that Cadle, at no time, produced for Geico sufficient medical evidence of the permanency of any injury, which must be established within a reasonable degree of medical probability within the “cure period” (other than scarring or disfigurement). In this particular instance, without a permanent injury, the case was non-existent, as Cadle didn’t suffer from other non-permanent injuries or associated economic loss, such as an inability to work, as a result of the accident.

In this case, it also appears that the 11^th Circuit’s decision dictates that an insurance company like Geico is under no obligation to do its own investigation; in other words, it is the claimant’s duty to present all of the necessary evidence to uphold their claim.

Florida Law

Florida law dictates that, other than permanent injury, a plaintiff may recover damages from an accident like this if there is significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, or death. However, a defendant (such as Geico) can file a motion with the court, whereby the court can examine the pleadings and the evidence before it, and ascertain whether the plaintiff will be able to submit the requisite evidence that they will meet these requirements for damages.

Florida Insurance Bad Faith Attorneys

It is an insurer’s duty to thoroughly investigate any and all claims and only pay benefits where liability is clear and the amount is justified. When claimants feel that they have not been paid enough or that their claim has been unfairly denied, they often sue the insurance companies, even though these assertions are frequently incorrect.

At HD Law Partners, we represent insurance companies in the event of these disputes, as well as defense of claims alleging insurance bad faith. Contact our attorneys today; we serve clients in Tampa, Orlando, Sarasota, and surrounding areas.

Resources:

flarecord.com/stories/511061383-11th-circuit-court-no-permanent-injury-in-geico-bad-faith-claim

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.737.html

Tags: Florida Insurance Bad Faith Lawyer, Florida Insurance Bad Faith Lawyers, Florida Insurance Disputes, Geico, Insurance Bad Faith Claim, Tampa Insurance Defense Attorney
Posted in Insurance Defense | No Comments »

Many patients in Florida suffering from a variety of ailments are looking forward to the potential relief they may get from approved cannabis treatments. On January 17, the Florida Health Department released draft rules for a statewide medical marijuana program. Here are just a few notable proposed rules:

• Only patients with one of ten specific medical diagnoses, including 1) cancer, 2) epilepsy, 3) glaucoma, 4) HIV, 5) AIDs, 6) PTSD, 7) ALS, 8) Crohn’s disease, 9) Parkinson’s disease or 10) multiple sclerosis would have access to the drug, unless the Florida Board of Medicine specifically identifies additional debilitating conditions.
• The Health Department, not the patient’s doctor, will be the ones to determine if the patient’s condition is “substantially similar” to those listed in the amendment.
• The rule will not allow any new growers or dispensaries to form in the state, leaving 7 nurseries to control the market. This can drive up prices and result in fewer different strains for patients’ needs.

These rules are not final and will likely change. The public has a chance to comment on these rules via the Department of Health website. There will also be a series of public meetings around the state.

Medical marijuana public hearings:

Jacksonville: 2-4 p.m. Feb. 6 at the Duval County Health Department, 900 University Blvd. North.

Fort Lauderdale: 10 a.m.-noon Feb. 7 at the Broward County Health Department, 780 SW 24th St.

Tampa: 9-11 a.m. Feb. 8 at the DOH Tampa Branch Laboratory, 3602 Sepctrum Blvd.

Orlando: 6-8 p.m. Feb. 8 at the Orange County Health Department, 6102 Lake Ellenor Drive.

Tallahassee: 4-6 p.m. Feb. 9 at the Betty Easley Conference Center, 4075 Esplanade Way, Room 148.

Source: http://www.tampabay.com/blogs/the-buzz-florida-politics/state-begins-medical-marijuana-rule-process/2309841

Posted in General | No Comments »

Anyone who has gone through (or is currently going through) divorce and has children knows that one of the primary concerns is the well-being of their children and how they will get through it. Change can be especially harsh on children, especially during stages when routines are so important to their development. According to the experts, what type of response the child has can depend upon whether they are in childhood or adolescence; where divorce can sometimes increase a child’s dependence and regression, while increasing an adolescent’s independence and aggression.

That being said, there are actions you can take to help provide the support that children need during times of divorce, such as:

Communication

Encourage your children to be honest with you and articulate what they are feeling. Be a good listener and ask questions.

In addition, maintaining a good relationship with your ex and avoiding conflict can help avoid the stress that children sometimes internalize when they are exposed to that conflict, or when they feel pressured to pass messages back and forth. Children can also internalize hurt when they feel like they need to take sides and “pick” a parent’s side during times of conflict.

In addition, preparing before you speak with your child about divorce, and anticipating some of the tougher questions that they might ask, can also be helpful. Some of those questions will likely address how their lives might change in terms of two separate homes, their schools, communities, friends, etc. Also, remember, it’s also ok to be honest and admit that you don’t know the answer, but you will find out, and it will be ok. There is a way to be both honest but avoid being critical of the other parent. In general, younger children tend to do better with simpler explanations, while older kids may need more details.

Routines

Routines can help children feel stable and remind them that they can count on you for care and structure in their lives. Some parents have even tried the process of nesting, whereby both parents keep the children in the same house and take turns living in that house (although there are pros and cons for every arrangement).

Patience & Reassurance

Reassure your kids that they are not responsible for the divorce, and remember that while it may seem like they have accepted the situation one day, they may still be confused the next. Remind them, throughout the discussion, that you love them, and that this hasn’t changed. Reinforce that message by being affectionate with them.

Legal Assistance in Family & Divorce Law

If you are dealing with a family law issue, having compassionate guidance by your side can make all the difference. Contact the HD Law Partners for a free consultation and find out how our experienced Florida family law attorneys can help answer any questions you might have and discuss next steps.

Resources:

psychologytoday.com/blog/surviving-your-childs-adolescence/201112/the-impact-divorce-young-children-and-adolescents

wsj.com/articles/when-parents-divorce-the-children-get-the-house-1477496914

Tags: Children and Divorce, Florida Parenting Plans, Shared Parenting, Tampa Divorce Lawyer, Tampa Divorce Lawyers, Tampa Family Law Attorney, Tampa Family Law Attorneys, Timesharing Arrangements
Posted in Divorce, Family Law | No Comments »