Napier & Rollin, PLLC

How should I handle child custody when my ex-spouse moves from Florida to a new state?

2025-02-05T20:22:26Z

When a parent plans to move out of Florida, it can complicate existing child custody agreements. Florida law has clear rules to handle these situations in a way that prioritizes the child's best interests. If a parent wants to relocate more than 50 miles from their current home for over 60 days, they must get permission from the other parent or approval from the court. In some cases, the other parent will agree. In others, they may not. Here are some basic guidelines to help you manage this process effectively.

Scenario #1: Parental agreement

This process involves filing a petition with the court that outlines the reasons for the move, the new location, and a proposed revised custody or visitation schedule. When both parents agree to one parent's relocation, they should discuss and agree on a realistic visitation schedule that accommodates the distance, considering factors like travel time and costs. It is also beneficial to outline specifics such as who will handle transportation and how the parents will manage holidays, school breaks, and special occasions. Parents might also consider incorporating virtual visitation — using video calls and other digital communication tools — to help better maintain a strong relationship between the child and the non-relocating parent. It is important to formalize the arrangement by drafting a written agreement and submitting it to the court for approval. This helps to better ensure the new agreement is legally binding and provides a clear framework that can help prevent future conflicts.

Scenario #2: Parents are not in agreement

The non-relocating parent has the right to object to the move. If an objection is filed, the court will assess the situation based on factors such as the child's relationship with both parents, the child's age and needs, and the impact of the move on the child's physical, educational, and emotional development. The court's primary concern is to decide in favor of what best serves the child's overall welfare. Both parties should prepare to present their cases, possibly including how the move would impact the child's relationship with the parents, educational opportunities, and emotional well-being. It is important to move forward with this issue in a way that not only helps in advocating for your parental rights but also strives to achieve a resolution that supports the best interests of your children. Interstate child custody cases are complicated legal matters, and it is generally wise to seek the counsel of a Vero Beach child custody lawyer to help better ensure a resolution that meets your goals while also helping to provide the best future for your children.

The Dynamics of Child Custody

2024-10-30T19:11:18Z

All parents and child custody proceedings, whether divorce or paternity, have equal rights under Florida law. Parents have constitutional rights to raise their children. Generally Florida courts will not restrict a mother or father’s rights unless it would be detrimental to the children not to do so. There is no presumption in favor of either parent regardless of gender. Generally a father’s rights are the same as a mother’s rights. Although both parents start out with equal rights that does not always mean equal time sharing. A divorce attorney or a family law attorney can assist with presenting evidence the court will need to determine the specific time sharing schedule in the best interest of the children. One of the biggest factors to consider is whether a parent can facilitate a meaningful relationship with the other parent. Withholding timesharing from the other parent may justify the court awarding last time sharing to the parent during the withholding. The court must also consider the burden placed on parents and children to facilitate additional time sharing such as how much time the children must ride in a car. If you are considering child custody litigation please contact the divorce and family law attorneys of Napier & Rollin.

All You Need to Know About a Breach of Contract

2024-10-30T19:11:24Z

What is a breach of contract? Contracts are written documents that carry legal weight for certain agreements made between two or more parties. A breach of contract implies a violation of what was agreed upon in the contract by one or more parties. This violation can be of all kinds of shapes, sizes, and even failure to meet agreed upon industry standards. A breach of contract can be claimed in written contracts and in some cases oral contracts as well. Contract breach situations can be resolved directly between the parties concerned or in a court of law - in either case consulting with a breach of contract attorney is recommended. A common question that emerges in the field of law is if a breach of contract is a tort. They are often confused with each other. However, the fundamental difference between the two is that a breach of contract happens by a violation of the terms agreed upon by both/more parties and tort applies to violation of a common law. For example, two parties agree upon an advance payment in their contract and a violation of that would indicate a contract breach. Whereas, one party invading the other’s privacy would indicate a violation of common law that is followed all over the nation and that would come under tort. Types of Contract Breaches 1. An anticipatory breach of contractThis breach is claimed when one party fails to fulfill their part of the deal, and so the other party files the claim in anticipation that the rest of the agreed upon details will remain incomplete. 2. An actual breach of contractThe party that claims this kind of a contract breach is filing it against the party that fails to fulfill the contract fully. 3. A minor breach of contractThe party that claims a minor contract breach is generally when they don’t receive the deliverables or service or they don’t receive them by the agreed upon date. 4. A material breach of contractThis kind of a contract breach indicates that the party claiming the breach received something other than the promised deliverable. When and how do I file a breach of contract claim? A breach of contract issue is generally filed when there has been one of the four contract breaches listed above. You or your organization can file any of these contract breaches after consulting a breach of contract attorney who can offer you customized advice based on your case. Custom consultations ensures that your breach of contract attorney has the chance to go through the finer details and determine whether your breach is valid or not and how to proceed in a way that it doesn’t cost your organization too much time, effort or money. Napier and Rollin specializes in giving consultations that are aimed at providing the best possible solutions for all kinds of contract breaches.

Time Sharing

2024-10-30T19:11:11Z

The divorce and family attorneys of Napier and Rollin typically encourage their clients to be flexible with the other parent when changes to the timesharing schedule are reasonably required. It’s the right thing to do. Sometimes a little flexibility goes a long way to build a bridge with the other parent after a break up. It is a very rare circumstance when a parent must withhold a child from another parent to protect the child. Withholding a child risks serious repercussions from the court.

Florida law allows a parent to enforce his or her rights by filing a motion for contempt or enforcement with the court. If the court finds that the other parent willfully violated the time share schedule by withholding a child from the other parent without just cause then the court as a host of remedies to ensure fairness is done. The court can award make up timesharing, attorneys fees and costs, or compel the other parent to perform community service. In serious cases, the court might even make adjustments to modify the parenting plan itself.

If you need to enforce your parental rights, contact the divorce and family law attorneys of Napier & Rollin.

Domestic Violence Laws: Florida

2024-10-30T19:11:34Z

Just like family law and divorce cases, there is no gender preference for protection from domestic violence under Florida law. Whether male or female a person is entitled to an injunction for protection against domestic violence if they are either the victim of domestic violence or if they are reasonably in fear of eminent domestic violence. Domestic violence is a very serious issue and no person deserves to be abused, male or female. Even minor violence should not be taken lightly because it could be a sign of something much worse to come.

Prioritize These During Divorce

2024-10-30T19:11:42Z

The divorce attorneys at Napier & Rollin can help you get your priorities straight with your divorce proceedings. Courts generally determine issues in a particular order so some issues need to be analyzed in order to determine how other issues may also be decided. Generally child custody matters are the most important thing to be decided as early as possible in a case so that both parents can have comfort in knowing where their child will be at any given time and when they will be seeing their child. The parent who provided the majority of the care during the marriage will typically need to learn to let go of some of that responsibility while the other parent will have to start doing more than they used to do. Equitable distribution of the marital estate is the next big topic to tackle. It’s important to consider the tax ramifications of each asset or liability and whether one party or the other should receive the income producing assets. Once the court knows how assets are going to be divided then alimony can be determined; if appropriate, taking into consideration the income produced by both parties’ assets. The calculation of child support is based upon Florida child support guidelines. After deciding how much time to spend with each parent and when it is in the best interest of the child the rest of the variables fall into place and child support can be calculated according to a formula. If there are still white disparities and then come our assets. After all the property is distributed and the children are cared for, an award of attorney fees from one spouse to the other, may also be appropriate in some cases. For more information on divorce, contact divorce attorneys, Michelle Napier and Kevin Rollin in Vero Beach.

This Is How To Plan Your Parenting During Divorce

2024-10-30T19:11:56Z

Napier & Rollin attorneys in Vero Beach can assist you with the creation or modification of your parenting plan. One of the factors to consider is who typically has children on Mondays. Many school holidays fall on Mondays, such as Presidents’ Day and Columbus Day. It’s very important to consider the best interest of the children with respect to each parent’s normal work schedule to determine which parent is in a better position to care for the children on these Monday holidays. Michelle Napier is a divorce and family law attorney who handles cases in Vero Beach and Sebastian Florida. Divorce attorney, Kevin Rollin, also handles child custody matters in Vero Beach, throughout Indian River County and the Treasure Coast. If you need help establishing or modifying a child custody order, contact the attorneys of Napier & Rollin.

6 Steps To Find A Good Divorce Lawyer For You

2024-10-30T19:11:03Z

Separating from a spouse is a difficult emotional journey for everyone and divorce proceedings are tricky in nature and the easiest way to get through it is to make sure you find a good divorce lawyer. Most people have no idea of how to go about finding divorce lawyers and “where do I even begin” is a common thought. Maybe you start with asking a friend who got divorced or a worried Google search on “how much does a divorce lawyer cost” and while both will get you at least somewhere, which lawyer or divorce law firm you trust for these tough times is an important decision. Divorce cases where child custody is a possible issue tend to be more drawn out and exhausting. Under Florida law, all parents and child custody proceedings, whether divorce or paternity, have equal rights and generally Florida courts will not restrict a parent’s rights unless it would be detrimental to the children not to do so. Both parents also start out with equal rights however that does not ensure equal time sharing which is where a divorce law attorney’s role comes in: they can present evidence to the court that will determine the specific timesharing schedule in the best interest of the children. Child custody litigation is one of our expert areas at Napier & Rollin. Our experience has shown us the difficulties our clients face at every step and so our family law attorneys are here to help you with the same. These are the few steps to finding a good divorce lawyer: 1. Know what you want Before looking for a divorce lawyer, it is important that as an individual you know where you stand and what you are looking to get out of the divorce. Oftentimes, divorce proceedings can take an unpleasant turn - emotions tend to run high and that can often distract you from the goal. 2. Research and meet potential attorneys Divorce is often a long and tough journey and your divorce lawyer will be your go-to person which is why it is important to choose them wisely - which firm makes you feel comfortable, whether they are local and hence know your states’ divorce laws, whether they are able to handle your personal situation well and stand up for you and your interests are all factors to keep in mind. 3. Do not ignore the red flags The last things you need while going through divorce proceedings are people who do not maintain confidentiality or are making promises in order to gain a client. Avoid hiring lawyers who are paying personal attention to your case or do not seem to listen to what your stand in the matter is. 4. Budget and cost of hiring an attorney Divorce proceedings can turn out to be quite heavy on the pocket of the clients, especially if the cases run too long. For a lot of people divorce becomes a struggle as they are worried about how much a divorce lawyer costs - however, there are a range of people practising divorce law. Additionally, it is more important to understand how the divorce lawyer is charging you and any additional expenses they will press on so there are no surprises later. 5. Child custody consultations While some divorce cases are straightforward, the ones that involve custody battles can be quite unpleasant. Napier & Rollin attorneys come to help you with a plan - we help create or modify a parenting plan to ensure that school schedules, workload of either parents, and Monday school holidays are well considered. Michelle Napier, our divorce and family law attorney handles cases in Vero Beach and Sebastian Florida while divorce attorney, Kevin Rollin, handles child custody matters in Vero Beach, throughout Indian River County and the Treasure coast - both keep the best interest of the their client and the children with respect to each parent’s normal work schedule so as to determine which parent is in a better position to care for the children. 6. Diverse experience in divorce law While all lawyers are able to handle divorce cases, it’s important to choose a divorce law firm that specialises in family law and hence has a range of experiences handling cases of the same. This experience is an intangible power that ensures your divorce lawyer knows how to navigate any surprises that come your way. When it comes to experience in divorce law, Napier & Rollin boasts of years of a set of divorce lawyers who are reliable in their preparation, assertive in their representation, and never fall short of personal attention for their clients.

The Inner Workings of Civil Litigation?

2024-10-30T19:11:48Z

From real estate and regulatory compliance to business disputes and breach of contracts, the umbrella of civil litigation is wide and diverse. Often grouped under the more informal term of “non-criminal” legal cases, civil litigation is straightforward and complex at the same time. So, what really is civil litigation? Simply put, a lawsuit where the dispute to be settled is not based on potentially criminal actions comes under civil litigation. Most often, civil litigation cases are between one side asking for reprimands in terms of money or actions from another side that has to make amends. Learning the Language of Civil Litigation Lawsuits are intimidating enough, even without the legal terminology that is thrown around the table casually. If and when you do have to meet with civil litigation attorneys, knowing some of these commonly used civil litigation law terms will definitely come in handy: Complaint - The initial statement required to initiate a lawsuit. Litigator - A lawyer/attorney who handles civil litigation cases Plaintiff - The party that files a civil lawsuit seeking justice in terms of money or other actions Defendant - The party that faces the lawsuit and has to make amends Damages - The money or action that is sought by the plaintiff as compensation for the wrongdoing they suffered Appeal - When either party is dissatisfied by the ruling and would like to take it up to a higher court, they file an “appeal” Brief - A written note that both sides of civil litigation attorneys have to submit to the court in order to explain their argument. Tort - A civil litigation law that cases are filed under because an act of wrongdoing was committed or someone’s rights were infringed upon. The Diversity of Civil Lawsuits As we have already established, civil litigation lawsuits come in many forms. At Napier and Rollin, our civil litigation lawyers deal with all kinds of civil lawsuits, some of these types are: 1. Personal injury cases - In these cases one side has usually been harmed by another in non-criminal ways such as negligence or wrongful acts and they seek amends from the accused. 2. Breach of contract / Contract litigation - Our civil litigation attorneys have to be reliable guides through the process of making contracts and in case of their breach, confidentiality claims, or disputes on partnership. 3. Business torts and dissolutions - Our civil litigation lawyers are experts in handling sensitive situations where businesses have split or there’s an act of civil legal liability like misrepresentation and fraud. 4. Real Estate Litigation - Real estate is a field where stakes are high and tensions run higher as so much money and effort is invested. The civil litigation laws regarding real estate are complex too as there are so many elements working together - from brokers, sellers, and buyers to loan officers - civil litigation lawyers make sure to handle these cases with utmost clarity. 5. Landlord-Tenant disputes - These disputes prove to be quite distressing, especially in cases of eviction and hence need to be resolved with care. Our civil litigation lawyers are adept at handling these appropriately. The thought of a lawsuit is intimidating for most people - most jump to imagining months of courtroom visits and a bunch of paperwork. However, not all lawsuits need to be resolved in court. In fact, most civil litigation attorneys do their best to settle the case outside of court or by way of ADR (Alternative Dispute Resolution). At Napier and Rollin all our efforts are first aligned towards resolving an issue outside the court as that way both parties are more likely to have control over the dispute. In the situation that the lawsuit does go to court, our civil litigation attorneys are experts at getting you the best possible judgement.