Orlando & NYC Divorce and Injury Attorney

In Florida, a party seeking a divorce does not need to prove fault. Instead, the party must merely allege that the marriage is irretrievably broken and that either the party or the party’s spouse has lived in Florida for at least six months prior to filing for divorce. In the petition, the party will set forth the relief sought, which can include not only a dissolution of the marriage but also a division of child custody and provisions for child support and spousal support. In some cases, the parties cannot come to an agreement on these issues. An Orlando divorce attorney can advocate for a spouse in any ensuing litigation.

In Florida, if the parents of a child can agree on how custody should be divided, they can present a parenting plan to the court that outlines matters such as how the parents will share responsibility for the tasks associated with raising the child and the schedule for time-sharing. If the parents cannot agree, the court will determine custody based on what is in the best interests of the child. There is a presumption under Florida law that it is in a child’s best interests for the parents to share parental responsibilities and rights. Thus, the court will issue an order granting the parents shared parental responsibility unless such an arrangement will be detrimental to the child.

While all parents have a duty to financially support their children, not all parents have the same financial means. Thus, in many instances, a court will order one parent to pay child support to the other parent. Generally, a child support obligation will continue until a child turns 18. A court will look at the combined income of both parents, which includes earned and imputed income, and the number of children being supported to determine an appropriate support obligation. A divorce attorney in Orlando can advocate for a child support arrangement that meets your needs.

Establishing paternity is critical to protecting parental rights and enforcing parental obligations. In Florida, a child born to a woman who is married to a man is presumed to be the man’s child. If a child is born to parents who are not married, paternity can be established in two ways. If both parties agree that the man is the father of the child, the parties can sign a Voluntary Acknowledgement of Paternity, which they can then file with the court. If the parties do not agree regarding paternity, either party can file an Establishment of Paternity Action. After the action is filed, the court will weigh evidence, which may include the results of a DNA test, to determine whether the man is the child’s father.

Under Florida law, when a parent wishes to move a child 50 or more miles from the child’s current residence for 60 or more days, this is known as a relocation. A parent who seeks to relocate a child must inform his or her co-parent prior to relocating. If the co-parent consents, the parties can draft an agreement with the assistance of an Orlando divorce lawyer, establishing the terms of the relocation, and submit it to the court for approval. The court will approve the agreement if it finds it to be in the best interests of the child. If the co-parent does not consent, however, the parent seeking to relocate the child must file a petition to relocate and obtain court approval prior to relocating the child.

In Florida, fathers have equal rights to mothers with regard to child custody and child support. Prior to attempting to assert his rights, a man must prove that he is the father of the child. After paternity is established, a man can seek custody rights, such as time-sharing and parental responsibility. A court will consider multiple factors in determining custody, all of which relate to what is in a child’s best interests. For example, a court may consider each parent’s ability to care for the child, including their mental and physical health, the child’s needs, and the moral fitness of each parent.

Careless behavior often leads to accidents that cause serious harm. Many injuries are not only painful but also costly to treat. Fortunately, people who suffer injuries because of someone else’s carelessness can pursue damages via a personal injury lawsuit. Typically, a plaintiff in a personal injury lawsuit will allege that the defendant acted negligently. This means that the plaintiff was injured because the defendant failed to use the appropriate care.

Car accidents are typically caused by unsafe driving, but they may also be caused by defective vehicles, unsafe roadways, or other factors. Regardless of the cause, a plaintiff in a lawsuit arising out of a car accident may be awarded damages for the harm caused by the accident if the plaintiff can demonstrate that the defendant was at fault. A plaintiff who proves liability may be able to recover the cost of any medical treatment needed for injuries sustained in the accident. They also may be able to recover compensation for lost wages and the mental anguish, suffering, and pain caused by the accident.

While commercial trucks provide efficient and cost-effective shipping, their size and weight present a risk to other drivers. As a result, the Federal Motor Carrier Safety Administration has enacted regulations that impose duties on truck drivers and trucking companies. Thus, if a truck driver fails to comply with the regulations and causes an accident, the driver may be held liable in a civil lawsuit. Additionally, if the driver was employed by a trucking company at the time of the accident, the driver’s employer may be deemed liable for any harm caused by the accident.

Riding a motorcycle can be exhilarating, but riders are exposed to certain risks. Other motorists often do not see a motorcyclist until it is too late or do not provide motorcyclists with adequate clearance when passing, following, or turning left in front of them. In many instances in which a rider seeks damages in a lawsuit against a driver, the driver will allege that the rider at least partly caused the accident. This can result in a reduction of damages, so a motorcyclist should consult an attorney early in the process to ensure that their compensation is not unfairly reduced.

Many slip and fall accidents are caused by liquid, food, debris, or other transient substances on the floor of a business. Therefore, businesses are often named as defendants in lawsuits arising out of slip and fall accidents. Generally, a victim alleging harm due to a slip and fall accident caused by a transient substance must show that the defendant knew or should have known of the dangerous condition presented by the substance. If the victim cannot prove that the business actually knew about the condition, they can try to show that the business should have known because it was a condition that occurred regularly or that existed for so long that the business should have discovered it.

Felicia A. Bunbury at the FAB Law Firm is dedicated to helping her clients protect their interests and assert their rights. She represents people who need a divorce lawyer in the Orlando area or elsewhere in Florida, and she assists victims in personal injury claims in Florida and New York. You can contact our firm at 800-322-9467 or via the online form for a consultation.