Is My Spouse Entitled to Half My Business During a Florida Divorce?

/by

When going through a divorce in Florida, the division of marital assets can be a complex and emotionally charged process. If you own a business, you may be particularly concerned about how it will be treated during the divorce. One of the most common questions is whether your spouse is entitled to half of your business.

Concerned about protecting your business during a Florida divorce? Let’s talk. Call Crystal Collins Spencer, Attorney at Law at 850-912-8080 to set up a consultation now. 

Understanding Marital vs. Non-Marital Assets

In any Florida divorce, a key step is figuring out which assets are marital and which are non-marital. Marital assets include anything you and your spouse acquired or earned together during the marriage. These are typically subject to division. Non-marital assets, however, are those that belong to just one spouse, usually because they were owned before the marriage or were received as a gift or inheritance. These generally stay with the original owner.

For business owners, understanding this distinction is essential. If your business was started during the marriage, it’s likely a marital asset. But even if it was established before you got married, any increase in its value during the marriage could be considered a marital asset. The courts will look at how closely your business is tied to marital finances and efforts. For example, if your spouse helped with the business, either financially or by working there, this involvement could affect its classification. 

How Business Ownership Affects Division

When it comes to dividing a business in a Florida divorce, the timing and nature of its ownership play a significant role. If you started or acquired your business during your marriage, it is likely viewed as a marital asset and thus subject to division. But even if you founded the business before tying the knot, any increase in its value while you were married could also be split. The court will dig into the details of how your business intertwines with your marital finances and efforts.

For example, if your spouse contributed financially, offered labor, or supported you in growing the business, this involvement can impact its classification. This means the court will consider not just the business itself, but also any marital funds or efforts that helped it thrive. 

Factors Courts Consider in Asset Division

When dividing assets during a Florida divorce, the court looks at various factors to ensure fairness. They consider each spouse’s contributions to the business, which could include financial support, labor, or even indirect support like managing the household. The economic situation of each spouse is also important; the court will look at both your financial standing and future earning potential. The length of your marriage can also play a role.

For example, in longer marriages, there’s a greater likelihood that both spouses significantly contributed to the business’s success. Additionally, the court examines whether one spouse’s career or education was put on hold to benefit the business. This is particularly relevant if one spouse sacrifices personal opportunities for the business or the family. 

Valuation of the Business During Divorce

Determining the value of your business is a crucial part of dividing assets in a Florida divorce. This process establishes the business’s worth, which influences how its value will be split between you and your spouse. To achieve this, the court often calls on financial experts who analyze various factors such as the business’s assets, income, liabilities, and market conditions. These experts use different methods to assess the value, and the chosen method can significantly impact the final outcome.

For instance, one common method is the income approach, which looks at the business’s earning potential. Another method is the market approach, which compares your business to similar ones that have recently sold. The asset-based approach evaluates the company’s assets and subtracts its liabilities. Each method has its pros and cons, and the court will decide which is most appropriate based on the specifics of your business. It’s important to understand that the valuation process can be complicated and may require professional assistance.

Protect What Matters to You with Crystal Collins Spencer, Attorney at Law

Wherever you are in the divorce process, we can help you protect your business and other assets. Call us at 850-912-8080 or get in touch online.

Is it Legal to Record and Spy on Your Spouse During a Florida Divorce?

/by

If you are undergoing a divorce in Florida, it is unfortunate. No one gets married thinking it will end. Besides the disappointment and heartbreak, there are practical considerations to consider.

Not only will your life change emotionally, but your home and income will likely be impacted. The challenge becomes dealing with the split and ensuring it is done fairly.

In some cases, one spouse may think they can put themselves at an advantage when they spy on the other to uncover alleged wrongdoing. Maybe they will find cheating, for example. A scan of the other’s private emails or computer may reveal misconduct or an attempt to hide assets.

It’s time to hit the pause button. 

Your experienced Florida Divorce Attorney will advise you on what you can and cannot do to prepare for the dissolution of your marriage. Not everything you may want to do is legal, and you do not want to be putting yourself in legal jeopardy at a time like this.

Spying On Your Spouse

Simply stated, cheating is not grounds for divorce in Florida since it is a no-fault divorce state. A couple must state that their marriage is “irretrievably broken” and that they do not want to be married anymore.

Spying on your spouse using a private investigator or putting spyware on their computer revealing an affair should not impact your ability to get a divorce, and it may not give you any real advantages. In fact, quite the opposite might happen.

The downside is that you can be charged with stalking, harassing, maliciously, willfully, and repeatedly cyberstalking. This is a criminal offense in Florida (Fla. Stat. 784.048), a misdemeanor of the first degree.

You should consult a Florida divorce attorney if you plan on spying on your spouse through spyware, tracking devices, or a hidden camera.

While adultery is not the grounds for divorce in Florida, adultery can impact your pending Florida divorce in other ways.

During a Florida divorce, assets are supposed to be divided fairly and equitably, but if adultery is a cause for the divorce:

  • And if the cheating spouse is diverting assets to the new interest, it can impact the eventual division of assets.
  • Adultery may impact alimony, especially if assets are going missing.
  • Since the best interest of the children is the goal following divorce under Florida law, a cheating spouse may lose ground in proving they are an upstanding citizen and morally fit as a parent.

So ultimately, breaking into one’s computer or hiring a private investigator may not make any difference in the ability to divorce. But information about an adulterous spouse, for example, could impact some aspects of the divorce.

The problem is that eavesdropping, wiretapping, or recording a phone call are violations of Florida’s wiretapping law, creating more significant problems for the person who thinks they have just advanced the divorce outcome.

Also, remember that Florida is a two-party consent state. That means both parties to the conversation must understand the conversation is recorded; otherwise, they could face a 3rd-degree felony charge punishable by five years in prison and a $5,000 fine.  

Even intercepting emails is prohibited by Florida statute. You can be charged with stalking if you access a computer sitting in a room unless you have permission from the other spouse.

Another consideration is if you hack your ex-spouse’s computer, any illegal activity may be excluded from a divorce hearing, no matter what it reveals.

By all means, keep records of email conversations with your spouse during a divorce, but be very careful not to break the law, which can lead to fines and even jail time.

If you scour your ex’s Facebook or other social media and find statements about an affair, you and your attorney can safely submit this evidence to the court.  

Your Florida divorce attorney should also advise you to stay off social media and any public discussion about your upcoming divorce. Those comments on a public forum are not protected speech and can be used against you. The same holds for any conversation in a public place about your soon-to-be ex-spouse, as there is no expectation of privacy.

Your Florida Family Lawyer

If you believe your ex-spouse has intercepted emails or intercepted a conversation with a recording, allow Crystal Collins Spencer to advise you on your next step. You may be entitled to civil remedies and to have any information obtained thrown out of court.

Ms. Spencer can also help you prepare for your upcoming divorce by legally gathering all the information and evidence you need to support a favorable outcome. Call her Pensacola office at (850) 912-8080 to secure an appointment or book it online.

Sources:

Fl Law
http://leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.048.html

NOLO
https://www.divorcenet.com/states/florida/fl_art05

Does Child Support Cover Your Kid’s Extracurricular Activities?

/by

Raising children is expensive enough considering the cost of food and housing. On top of that, extracurricular activities for children seem to grow as the kids do. Sports fees, music, and dance lessons, band, equipment, travel on the weekend to competitions, horseback riding, scouts, it all adds up.

How does Florida view these activities in light of child support?

Parents have a legal and moral duty to support their children under Florida law, whether they are married, divorced, or single. In no circumstance can a parent waive their obligation to pay child support. However, the extracurricular activities of the growing children are not always seen as a necessity.

Extracurricular activities are not addressed under the Florida child support guidelines like those expenses considered necessities – such as housing, food, and utilities.   

The costs of extracurricular activities must be shouldered by one or both divorcing parents. That could be one of the significant issues negotiated between the parents if the child is currently enjoying an expensive activity or will be in the future.

A divorcing couple may find this is just another thing on the agenda to negotiate, but if they make their children’s mental and physical health a priority, funding these activities for the child can re-establish some degree of normalcy in a home life situation that has changed.

Craft a Parenting Plan

In order to detail how life will be post-marriage, a parenting plan should include who will cover the cost of extracurricular activities. The family law court requires each parent to file their income and expenses.

In addition to that, the parents should establish the cost for the children’s activities and calculate them for one year. Determine how that cost will be shared. There may have to be some adjustments made all around, including the child’s expectations.

Additionally, both parents will have to decide who will accompany the child if the activity takes them out of town or on a camping trip, for example. 

The court can order the other parent to cover some of the costs as they have the option to deviate from the guidelines, but the other parent will have to prove why that is appropriate. Generally, it will take a special circumstance for the court to get involved.

It is far better for the parents to determine which activities the children will be involved in and how they will be paid for, rather than leave that up to a judge. Failure to develop a parenting plan can lead to an outcome you did not anticipate, such as having the cost unfairly divided or the activity eliminated entirely.

If you cannot decide who should pay, or the child requires additional support as they grow into an activity they love, the courts can later revisit a request to modify child support. 

Your Child Support Lawyer in Pensacola

Crystal Collins Spencer has spent 34 years helping both petitioners and respondents navigate the difficulties of divorce. During that time, she has guided countless spouses through the difficult marriage dissolution process.

Especially when children are involved, Ms. Spencer will be your advocate for filing the Petition for Dissolution of Marriage and crafting a parenting plan.

Alimony, child support and custody, and property division can become complicated, especially with many assets. You can be assured Ms. Spencer will pay careful attention to the details of your Florida divorce.

Whether you live in the Panhandle of Florida, including Fort Walton Beach, and Sandestin, call our Pensacola office to for a confidential review of your divorce case at (850) 795-4910.

How Mediation Differs from Litigation During a Florida Divorce

/by

Mediation is an alternative to a trial that is often used for a more peaceable dissolution of a marriage. Mediation may not be appropriate for every case, but if it works for your situation, it can be a way to negotiate your issues and concerns with the help of a neutral third party to resolve your divorce, saving you time, money, and stress.

Advantages of Mediation

The courts often order mediation to resolve issues such as divorce. Court-ordered mediation is often called a win-win because both sides should walk away with some of what they want. The mediator doesn’t take sides and cannot tell you what is right or wrong. S/he cannot give legal advice, even though s/he may be a lawyer, or provide counseling to resolve your dispute.

During a mediation, the mediator – a professional, a lawyer, counselor, or educator – will introduce themselves and explain the process. Both sides will have a chance to present their concerns. Your lawyer may be at your side, but not necessarily. The mediator may also meet with each side privately.

Mediation can take as little as an hour, or it could require several sessions. This depends on the complexity of the issues involved with the divorce and other specific circumstances.

Following a session, you may reach an agreement; you may reach an impasse, or you may decide to return another day.

Consider the advantages of mediation:

  • The mediator can help with communication. You may be repeating the same points back and forth, but the mediator can help you listen to each other and stay focused. The mediator can restart the conversation by taking a fresh approach to an old or ongoing dispute.  
  • Litigation may involve the costs associated with a deposition, paying an expert witness or two, or having a life care plan to tell the jury what your financial needs will be down the road. You can avoid litigation or trial with a mediator. You will save time and money, and the process is much quicker than all of the work that goes into preparing a case for trial.
  • You direct the outcome. The judge does not necessarily know what the best outcome is during the dissolution of your marriage. Both of you are in the best position to make that decision, otherwise leaving it in the hands of a judge may result in a ruling that is not what you want.
  • Mediation is far more economical than paying a lawyer hourly. Private mediators will charge the market rates. The mediator may have a minimum fee, and in some cases, the court provides the mediators for free.

Mediation is best for divorcing couples who understand the issues, know what they want, and are prepared to talk civilly to each other. Consult with your attorney before the mediation to make sure you understand the legal issues.

Mediation is not necessarily for someone who is intimidated by their divorcing spouse. An individual who is not used to advocating for himself/herself may not do well in mediation unless they have an advocate by their side.

If there is no resolving your outstanding issues, you may both decide it’s best not to agree to mediation. The decision is yours; you remain the decision-maker. You always have the option to go to court.

Your Florida Family Law Attorney

There are times when mediation is not recommended. It may be that your spouse is hiding assets and working counter to your needs, for example. Attorney Crystal Collins Spencer has decades of experience dealing with situations that make a contentious divorce and litigation necessary.

On the other hand, you and your spouse might be on fairly good terms and there may not be too many outstanding issues/disputes to resolve. If this is the case, mediation might be a good fit, and Ms. Spencer can provide experienced advice and counsel throughout the process.

Call our Pensacola office at (850) 795-4910 to arrange a consultation so you can know your rights and how best to proceed.

Sources:

Flaw
https://www.flcourts.org/Resources-Services/Alternative-Dispute-Resolution/Mediation-in-Florida#:~:text=Mediation%20is%20different%20from%20litigation,a%20trial%20nor%20an%20arbitration.

Prenuptial Agreements for Lower & Middle Income Couples

/by

Since about half of all marriages end in divorce, more if it is a second or third marriage, it is advisable to consider what a prenuptial or premarital agreement might provide.

Florida is not a community property state. A division of property is supposed to be “fair and equitable”, but it does not necessarily have to be 50/50. If there is no agreement made between the divorcing couple, the courts may divide marital property and debts.

A prenuptial agreement (prenup) essentially divides property fairly and equitably in advance of the marriage in the event that it does not work out.

A prenup is a contract drafted by the couple before the marriage when they are most agreeable and there is far less emotion involved. Each partner must have their attorney sign off on the agreement, and the individual representative will ensure no coercion has influenced a proper understanding in advance of a marriage.

Many people think a prenup is something used by only wealthy individuals, but that is not true. Anyone with any property or assets can benefit.

In the event of a divorce, a prenup can make the divorce far less contentious and ultimately less expensive as both parties know in advance how their marital estate will be divided. It also removes any threat or leverage one may have over the other when a marriage is in trouble.

It is advisable to seek the expertise of an experienced Florida family law attorney when creating a premarital agreement so that all your bases are covered.

The Benefit of a Prenuptial Agreement

The value of a prenup may mean different things to different people depending on their stage of life. The contract is not a one size fits all proposition, and it needs to be crafted with your specific needs in mind. For example:

Young Couple – A young couple decides to marry. They are in their twenties and have not amassed many assets at this point in their lives. How might a prenup benefit this couple? 

Consider that one of the two (or both) has a large amount of college debt. With a prenup, the loan would belong only to the person who accrued the debt if there is a divorce. The same applies to credit card debt.  A prenup assures that you will not share the debt that you did not run-up. It may even get the debtor to rein in their spending, knowing the debt will be theirs alone.

By Florida law, a prenup cannot specify child support in the event of a divorce, and these numbers must follow state guidelines.

The benefit of a prenup becomes more apparent when there are modest to sizeable assets.

Middle Aged Couple – If one individual owns a business, a prenup may be structured to keep the company from being vulnerable in a property division.

A prenup can also spell out whether alimony will be granted. A spouse who has waived alimony may be granted it regardless of the prenup if s/he has become disabled or is forced into a much lower standard of living following the divorce than during the marriage.

Older Couple – When a couple enters into their second, third, or even fourth marriage with vastly different net worth, a prenup allows the higher earner to direct her assets to her children rather than her partner divorcing.

A prenup can protect existing property, businesses, homes, jewelry, and art as long as it is reasonable and does not violate the law. We advise that you keep separate property separate during the marriage, so there is less likely to be a community property claim down the road.

Understand that one party can attack the validity of a prenup during a divorce. For example, the contract may be nullified if it was signed under duress.  

Crystal Collins Spencer has experiencing making sure all of the assets are on the table before marriage and during prenup discussions. She also has in-depth experience with uncovering assets hidden during a divorce.

Your Pensacola Family Law Attorney

Make sure any prenup is signed and in writing, certified by a notary public. There must be no coercion, and it is best if the agreement is completed well before the wedding.

To protect your financial interests, Spencer Law, P.A. offers professional and knowledgeable advice to discuss how a prenuptial or postnuptial agreement might benefit you. Whether Escambia, Bay, or Okaloosa Counties, our office can be reached at (850) 795-4910, or you can contact us online.

The Difference Between Legal Separation and Divorce

/by

You married your spouse, intending to be together for life.  But then life happens. Almost half of all marriages in the U.S. end in divorce. For second or third marriages, the rates go up, 60 and 73 percent, respectively.

While some states require a formal separation before filing for divorce, Florida has no statute on legal separation and does not recognize a trial or permanent separation. As a result, there is no way a judge can enforce a separation agreement order.

Still, many people may choose a legal separation before divorce. The reasons may include:

  • You want to divorce, but your religion does not allow it.
  • You want to try living separately to see if it improves the acrimony.
  • You may want to continue paying your financial obligations but live like roommates.
  • Your children are still young, and you do not want to uproot their lives.
  • Your family disapproves of divorce.

Separation
A trial separation is voluntary and will not require you to file with the Florida court. During this time, you can agree on the terms of the separation including, how long you plan to be separated, who will pay the bills, including the mortgages and credit cards, child custody, and support.

Taking the time to work on your future may bring both people closer. You may enter into counseling to see if it can save the marriage. At this time, you may remain in the same house or separate housing. Regardless, you are still married because Florida does not recognize legal separation. Other states may require some period of separation as a condition of divorce.

If your separation goes on for an extensive period of time, entering into a property and separation agreement is advised. Spouses may be able to resolve their outstanding issues of property division, child custody, child support, and alimony, if applicable.

Because Florida does not recognize any separation agreements, it will not be possible for the family court judge to enforce an agreement if one party decides to violate it.  

Divorce
While a separation does not end a marriage, a divorce will. Just as during the separation, a divorcing couple will need to negotiate a new life, including:

  • Dividing property
  • Child support and custody
  • Visitation
  • Alimony
  • Dividing debt

Separation Agreement

The advantage of a couple negotiating a separation agreement is that you are resolving your differences in advance of the divorce process.  Family court judges often encourage couples to settle the outstanding issues of their family life before entering into a divorce proceeding.

The court will recognize a postnuptial agreement that can be entered into at any time during a marriage. It is similar to legal separation and will be valid if both sides had separate legal counsel before signing it. If one side violates the conditions of the postnuptial, you can file an action in court to enforce its terms.
There is a downside during a separation if you opt to negotiate without consulting a family law attorney.
Sometimes, one of the spouses is the passive one in the relationship. In the process of separating or filing for divorce, they may want to be conciliatory toward the other.  The implications of that can be far-reaching.
Without having an advocate by your side who has helped countless others navigate their divorce, you may fall prey to unforeseen problems. Maybe you didn’t consider how much you would have to pay to educate your children, have them attend summer camp or the fact that you need a new car.

If the other side has mounting credit card bills, an experienced family law professional can identify that debt as something you should not take on.

Remember that divorce is an adversarial process, no matter how nice you want to be. Unless you have been through this process before, there may be pitfalls you are not even considering.

Crystal Collins Spencer understands that separation and divorce are complex and emotional. Her advocacy can resolve some of the stress you are feeling at this time by advocating for your rights.

With over 30 years of experience, Crystal Collins Spencer will help you navigate the complicated waters of divorce to make sure there are no surprises at the end of the day. Contact Spencer Law at (820) 912-8080 to schedule your consultation. 

How Will Parenting Plans be Impacted by the Coronavirus?

/by

Crystal Collins Spencer, founder of Spencer Law, wants to assure everyone that the office is taking your safety very seriously as we all confront the unprecedent COVID-19 virus. We are open for appointments and keep our office sanitized. If you prefer, we can schedule your appointment via conference call or video conferencing.

Parenting and the Coronavirus

This winter COVID-19, a virus that we have never seen, descended on countries around the globe. By February, cases were showing up in the U.S. and public health officials determined that since there is no vaccine and we have no immunity to this novel virus, social distancing, washing hands, and using masks and gloves was the best remedy to stop the spread of this highly contagious virus.

TheFlorida Department of Education decided to close all schools in the state after the spring break. Most families have had to adjust one way or another. For many, the dining room has become the classroom where children can do their homework or receive lessons virtually through their school district.

We hope you and your co-parent are on the same page about stopping the spread of COVID-19. Spencer Law realizes some of your plans for co-parenting might have to be adjusted to best serve the safety of the children and all family members.

Parents are now multi-tasking as never before. While some still work remotely from their computer, they take on the job of being a teacher, keep the kids entertained, out of trouble, and away from others. Since children are basically social creatures, that is an exceedingly difficult task.

Couple that with being a single parent, and the demand on parents is something no one ever expected. Until we know otherwise, children too can contract the virus, so social distancing is very much advised.

While we can’t be certain just how long schools will be closed, the goal is to open campuses before the fall season. In the meantime, long-distance learning has been implemented with a degree of success.

Parenting Plans

For now, the most organized parents seem to be coping the best.  If you do not have to return to work but can focus on your children, you will want to oversee the following:

* Time with virtual education – Most school systems have adapted well to this type of learning even offering one-on-one Zoom meetings with the child alone and with the classroom as a whole.

* Time Outside – this can be accomplished by taking a walk, a bicycle ride, or finding a nearby green area to commune with nature. This is especially helpful to children who have a very short attention span.

*Time for Projects- This can include learning how to cook, making something like a doll house, a wagon, or a tent. Get creative and encourage their creativity.

Custody Orders

At this time of social distancing, custody orders should not be altered unless you and your ex disagree.

Generally speaking, the courts will not alter visitation unless you have valid concerns such as:

  • Your ex is exhibiting symptoms of COVID-19
  • Your ex has been exposed to COVID-19 or has been with someone confirmed to have the virus
  • Your ex has a high-risk job that likely has led to his exposure such as working in a prison or a meat packing plant.

If your child has an underlying health issue such as a preexisting condition or autoimmune issues, it would be a risk to send him or her to be with the other parent and the court may agree to modify visits for a period of time. Spencer Law may be able to help you seek a temporary change to custody if you cannot agree on your own. FaceTime, cards, text messages can also be arranged with the other parent as possible substitutes for an in-person visit.

We hope parents agree about the seriousness of this virus and you do all you can to keep your kids safe and healthy.   

Until everything opens up again, Spencer Law can still file your case electronically and we are available for consultations electronically as well. We are still fully operational and ready to serve the needs of our clients. Call our Pensacola office at 850-795-4910 or message us online for a consultation.

Do I Have to Pay Child Support While My Child is in College?

/by

College costs can be exorbitant. A growing number of college graduates have huge student loan burdens, and a shrinking number of parents are able to cover their children’s college expenses. This challenging situation becomes even more complex when you factor in child support. If you are going through a divorce or you have a child support order in Florida, you may wonder if you can be forced to pay child support while your child attends college.

Parental Obligations Under Florida State Law

Under Florida law, the court cannot require a parent to pay child support after a child graduates from high school or turns 18. There are exceptions for children with severe disabilities. This means that the court cannot order parents to pay for a child’s expenses while they are in college, regardless of whether or not the parent is financially able to support the child. While parents in some states must go to court to terminate child support, parents in Florida have a clear end date that negates the need to go back to court.

Child Support Orders from Other States

While Florida courts do not require parents to continue paying child support while a child is in college, there are states that order parents to continue child support payments as long as the child in question is attending school full-time. If Florida courts receive a child support order from another state specifying that support must continue throughout college, they will enforce that order.

Paying for College in a Divorce Decree

During a divorce case, parents may decide to write college expenses into their divorce decree. Parents may choose to split a child’s college expenses or require the higher-earning parent to cover expenses in full. As long as the terms are written properly in the divorce decree, this is a legally enforceable contract.

Providing for a Child’s Educational Needs in a Divorce Decree

A growing number of divorcing couples choose to address their children’s educational needs in a divorce decree. Many parents are uncomfortable requiring their children to begin their adult lives with student loan debt, and they may choose to avoid this issue through a clause in their divorce decree.

If you are deciding whether or not this is a viable option for you during divorce, you should discuss your options with a divorce attorney. They will look into your financial status, your ex-partner’s assets, and other factors to figure out a fair way to cover your child’s educational expenses.

Child support agreements and college agreements vary widely. For example, one divorce decree may require the non-custodial parent to cover all tuition expenses, health insurance premiums, and living expenses until a child reaches the age of 21 or stops attending college. Another agreement may require both parents to split tuition and other educational expenses without addressing living expenses.

Paying Child Support for a Child with Disabilities

As noted earlier, there is one exception that may require parents to pay child support beyond a child’s eighteenth birthday or high school graduation. If the child is expected to be dependent on the parents beyond the age of 18 due to a physical or mental disability, a parent may be required to pay child support beyond the standard termination date.

This, again, should be addressed in the divorce decree if at all possible. This may be a point of contention between ex-partners. When this happens, the court will typically decide what is in the best interests of the child in question. If you want to protect your child with special needs during and after divorce, work with your attorney to create a divorce decree that protects them throughout their lifetime.

Contact Crystal Collins Spencer for Help with Your Family Law Case

If you are facing divorce, it is essential that you discuss your options and rights with an experienced attorney. Your lawyer will negotiate terms that help you plan for the next stage in life, provide for your children, and end your marriage as peacefully as possible. Schedule your consultation with Crystal Collins Spencer now to find out what your next step is. Call our Pensacola office at 850-912-8080 to make an appointment.

What is a Guardian Ad Litem in Florida?

/by

A guardian ad litem in Florida is an advocate for children that are dealing with difficult situations. Many of the children have lived in households where they were neglected or abused in some way. In some instances, the biological parents are losing custody of the child or one biological parent is attempting to have custody revoked from another due to accusations of abuse and neglect. The children may not have the ability to speak up for themselves or make decisions for themselves because of their young age.

Abused children are often fearful of adults because of what they have experienced at the hands of someone else. Children that have not been abused may still feel uncomfortable speaking on custody-related issues. The guardian ad litem is appointed advocate of the child by a judge in a courtroom.

What Are the Responsibilities of a Guardian Ad Litem?

The guardian ad litem has major responsibilities and must act in the best interest of the child. Any decisions made on behalf of the child must benefit the child now and in the future. Some of the responsibilities of the guardian ad litem may include:

  • Speaking to the child in an appropriate manner while explaining what is going on in a way that the child will better understand;
  • Listening to both parents in custody disputes to get a better idea of what is best for the child moving forward;
  • Working with the court to find a permanent home for the child where the child will feel safe, comfortable, and loved;
  • Gathering more information from the child on the current situation and circumstances surrounding their situation, such as what is going on at home and how it has impacted the child;
  • Addressing the primary needs of the child and relaying that information to the judge handling the case.

Before the guardian ad litem can gather information and help the judge make essential decisions that will impact a child’s life for the rest of his/her life, the guardian ad litem must know more about the situation. He or she will need to speak with the child regularly to get more information. It is important for the guardian ad litem to talk to the child in a way that is going to make the child feel comfortable enough to speak up about things that are going on at home.

When is the Guardian Ad Litem Appointed?

A guardian ad litem is appointed by a judge when a child is in a situation where changes that can impact their life are being made. While the guardian ad litem is often appointed in cases where children are neglected and their biological parents are about to lose custody, that is not the only time. Some of the other reasons for the guardian ad litem to get involved in a situation include:

  • A stepparent would like to legally adopt a child;
  • One parent wants to move out of the state with the child and the other is contesting that decision;
  • Separating parents are unable to come to a clear custody agreement and the situation is becoming toxic for everyone involved;
  • One parent is attempting to leave with the child to get away from the other parent who is physically and emotionally abusive to everyone in the household.

What is the Primary Role of the Guardian Ad Litem?

In Florida, the guardian ad litem is there for the child. The professional who takes on this role does not have a say in any other legal disputes involving the parents, adoptive parents, or anyone else except for the child. The guardian ad litem will become a friend to the child while working on gathering important information that can support claims in the courtroom, including medical records, information from the school the child was attending, and records from the psychologist. Although the guardian ad litem may meet with the parents to hear what they have to say about the situation, the goal is to listen to the child and make decisions that will benefit them.

Dealing with a Legal Situation Involving a Child? Let Spencer Law Help

Are you dealing with a serious situation involving your child? If you are fighting for custody or trying to take certain steps to protect your child, you may not know where to turn or what steps to take. Spencer Law is here to help. Reach out to us at 850-912-8080 to schedule your consultation and receive the professional legal help you need.