Generally, when it comes to established parenthood, there are underlying parental rights that the parents would have. These laws are well-established and provide parents with the rights to:
• Legally make decisions regarding the child’s health and general welfare of the child.
• Have legal, physical custody or visitation with their child.
• Provide financial support to care for the child.
The courts are normally very empathetic and have a significant amount of respect for parent-child bonds. They also attempt to keep parents and children together, whenever it is possible and legally correct.
Termination of the legal custody rights of parents is ordinarily available for extreme circumstances. This is because the termination results in:
• Permanently ending the parent-child relationship.
• Cutting off all rights to any inheritance the parent may have.
• Cuts all rights of custody and visitation from the parents. This includes the right to talk to the child.
• The parent would be removed from the child’s birth certificate.
• The parent doesn’t have to pay child support.
• The child can be up for adoption without the permission of the parents.
Only in extreme cases would there be a requirement for termination of parental rights. The judge may terminate both the legal parental rights as well as the custodial rights if there is proof the parent is unfit to care for the child.
Involuntary termination of parental rights differs in different states. However, the most common grounds for termination include:
• Abandonment by the parent.
• Severe abuse or neglect from the parent.
• Sexual harassment.
• Long-term mental illnesses of the parent.
• Long-term drug or alcohol abuse of the parent.
• If the parent murdered the other parent.
• If the parent gave up his rights voluntarily.
Handling these issues can be intensely complex and difficult to manage alone. The best thing to do would be contacting the best possible child support attorney Orlando FL. If that’s what you’re looking for, The Law Office of Erin Morse is here to help.
The Erin Morse Firm provides competent, experienced, and skilled lawyers to clients while guaranteeing their cases would be diverted in the right direction. Contact The Law Office of Erin Morse for a consultation now!
When a spouse first comes to the conclusion that they want to get a divorce, the primary fear factor is having to discuss that with the other spouse. However, it may be unlikely to come as a surprise. In most marriages that are unhappy, both spouses generally have an idea to what’s being missed.
However, the best way to have that discussion is through picking a time that’s quiet, uninterrupted, and where only both spouses are present for the conversation.
Once the topic of divorce first comes up between spouses, the other spouse may initially resist it. This may be done through ways of attempting to fix things and the other spouse may suggest counseling or other forms of therapy. If the spouse is open to it, it is essential to try pursuing it. After all, a marriage shouldn’t be ended simply after a few seconds on thoughts about divorce. However, if the spouse is certain they want to get a divorce, it is essential to him/her to prepare themselves for the discussion that they want to end things permanently.
After the conversation about divorce with the other spouse is over, it is essential to contact an experienced and professional Family Lawyer Orlando as soon as possible. It would be helpful to consult an attorney to discuss the divorce proceeding, Once the topic of divorce has been discussed, it’s normal to find that there may be some hostility with the other spouse. Coming to an agreement with a judge can be done to ensure there is proper division of assets and property. The final step would be for both spouses to come to an agreement on permanent solutions for the divorce-related issues or go to trial and get the judge to make the decisions for the spouses.
To be properly guided through the process, help from a competent lawyer is a must. The Law Office of Erin Morse hears you in your time of need. Our priority is to help our clients in need. Through a group of professional and experienced lawyers, Erin Morse Law Firm guaranatees an exceptional service to all clients.
The new tax bill that is effective from 1st Jan 2019 will affect the payment or receipt of alimony. That is only for those who divorce after 31st Dec 2018 as it is not retroactive. The effects may be considered good or bad depending on whether you’re more likely to be paying or receiving alimony. Depending on these consequences, it may be in your best interests to divorce before or after 31st Dec 2018. That is if you are seriously considering divorce.
The new tax bill makes it more or less similar to the current tax law for child support payments. Under the current tax law, child support isn’t considered as taxable income for recipients nor as tax deduction for payers. But the current law recognizes alimony as a tax deduction by payers and taxable income for recipients. Once the new tax bill goes into effect that will not be the case. Instead, alimony will be treated in the same way as child support is under the current law.
So, for those likely to pay alimony, the new tax bill will not be as favorable as the current one. That is because your alimony payments will not be tax deductible anymore. Instead, you’ll have to pay tax for that amount as well. Therefore, it is best to hasten and finalize the divorce before 31st Dec 2018 in that case.
But if you are instead on the receiving end, it may be wiser to divorce in 2019. That is because under the new law you will not be required to report alimony as taxable income. Instead, you get to keep all of it tax-free.
When deciding child custody and visitation, there are two primary decision makers in the scenario. This includes the parents themselves and the judges (courts). In this article, we’ll be discussing the judges as decision makers for the child visitation and child support.
When two spouses in a marriage are heading for divorce, child custody is something that will come up if the spouses have children together. If both spouses can’t agree on proper child support and visitation procedure, it would have to be argued in courts. This may have to be done twice.
• The first time is done optionally – A preliminary proceeding (motion hearing). In this scenario, the judge makes a temporary decision on the matter until the divorce ends.
• The second time, the argument is done at the final divorce trial.
Judges generally appoint neutral experts for gathering information and preparing reports. These reports would include recommendations about custody and visitation matters.
The courts will also consider any evidence that the attorney of each spouse would be able to present about what’s in favor of the child’s best interest.
Typically, the following factors would be looked into as evidence for child custody and visitation:
• The mental and physical health of all parties involved.
• The adjustment of the child to his/her home life, school life, and community.
• If either one of the parents is the primary caretakers of the child or is a stay-at-home parent.
• The people in the child’s life who are important to him/her. This includes grandparents, siblings, and other family members.
• How well the child bonds with both parents/
• The religious and cultural upbringing of the child.
• If the child is old enough to make his/her own decision about the custody options.
A while after the courtroom trial, the judge will issue a final written divorce order. Once a conclusion has been made, the decision would become final.
Through the entire process, it is essential to make sure both parents have a skilled child support attorney Orlando to guide them appropriately and support throughout the whole process. One of the best attorneys in Orlando, FL is The Law Office of Erin Morse. At the Erin Morse Firm, experienced and professional lawyers make it their priority to ensure client cases go in the right direction. The Erin Morse Firm hears you in your time of need. Contact us now!
When going through a divorce, both parties of a divorce might feel a sense of uncertainty in the process. Being informed about the right decisions and the type of divorce process utilized should be the primary consideration for each party involved.
So what exactly is Divorce Mediation?
This type of mediation is used to allow spouses to directly negotiate with each other with the help of a mediator. However, the mediator involved doesn’t have the power to make decisions like an arbitrator or judge. The mediator concentrates on determining each party’s best interest as opposed to the entitlements or positions.
In the event of Divorce Mediation, the mediator would meet with both parties in a conference like setting at least once. There may be individual meetings between each spouse and their mediator.
The benefits of Divorce Mediation could be as follows:
• This process could save time, costs, and sometimes acquired distress associated with the traditional divorce procedure.
• Divorce mediation typically ensures communication, respect, and helps protect future relationships between both parties of the divorce.
• Divorce Mediation focuses on solving problems and resolving issues from a client’s perspective.
The essential considerations in divorce procedure options:
• By law, a mediator can’t give legal advice.
• During the mediation process, the attorney involved plays an advisory role.
• During the mediation process, each spouse’s attorney doesn’t necessarily have to be present in every Mediation session.
• Each spouse involved should have an attorney who is experienced in Mediation.
• Mediation is typically used to resolve issues rather than make a final decision.
Whichever the process selected by either party involved in the divorce, it is essential for both spouses to choose from one of the best divorce lawyers in Orlando. By doing so, the lawyer could provide the necessary support and information required by the client to ensure whatever happens is in the best interest of both spouses.
The Erin Morse Law Firm is a Family Law firm based in Orlando Florida. The Law Office of Erin Morse comprises a set of experienced and skilled attorneys to make sure the client’s case is diverted to the right direction while offering the best service possible.
A deposition is merely a session where answers are given to a series of questions asked by the opposing attorney. The individual and their lawyer would go to a mutually agreed upon office for the discussion of answering the questions before a court reporter.
The court reporter would place the party involved under oath. The lawyer of the individual can be present throughout the entire session. It is important to remember that this procedure would not be taken place in front of a courtroom and a judge or jury would not be present during the session of deposition.
In this event, the opposing attorney would be interested in trying to interpret multiple things about the individual and the facts about their case. Whatever is said during this procedure would be transcribed by the reporter and would be filed in the divorce case of the individual. In this case, if appropriate, the opposing council party would be able to confront the individual with the prior deposition testimony at any subsequent hearings or trial.
When going through the procedure, having a competent Orlando divorce Lawyer would be able to help the individual get through the process sufficiently. However, a few ways to get through the divorce deposition are as follows:
- Staying calm before and during the deposition.
- Listening carefully to each question.
- All answers would be known for each question; therefore, nerves should be calmed.
- All questions should be adequately understood before answering.
- The truth should be told.
The tips mentioned above would help each get through their divorce depositions easily. However, with the support of an adequate lawyer, the entire divorce procedure can be performed with the best interest of the client’s situation.
The Erin Morse Law Firm is a Family Law firm based in Orlando, Florida. The Law Office of Erin Morse ensures that clients are provided with optimal services as well as competent and a skilled set of staff to make sure the case goes in the right direction.
Studies have indicated that divorce rates have a significant increase with the advent of a disability. While any kind of divorce is likely to consist of a lot of friction, with one or both parties in a divorce being disable, additional complications may be encountered. Marriage laws differ in each state within the USA. However, there are general issues to consider.
A few are mentioned below:
• The question of capacity.
When it comes to cognitive capacity, there may be issues regarding the ability to participate in these proceedings. In some instances, courts may not allow individuals who lack the cognitive capacity to file for divorce. In other cases, courts might permit it if a guardian can show that it is in the best interest of the divorcing party.
• Additional Support.
It is not uncommon for an ex-spouse to continue supporting the individual with a disability. However, the individual with the disability may need an array of new services depending on the involvement of the ex-spouse.
• Special Needs Trusts.
It may be more important than ever to provide an individual with disabilities who undertakes a divorce with government benefits.
• Must the benefits be divided?
Different states have different approaches in dividing marital property. So considering this factor should be judged according to each state.
Individuals who have disabilities that are considering divorce should be able to gain a significant amount of knowledge about the technicalities of the situation. Hiring an experienced and competent divorce lawyer Orlando FL would assist you to handle the situation properly while in the best interest of the divorcing party.
Erin Morse Law Firm is an Orlando, Florida based law firm that consists of some of the most competent attorneys in the state. By striving to divert the case into the right path, Erin Morse Law Firm guarantees client satisfaction. If you are looking for the best divorce attorney in town, you have come to the right place.
There comes a time in a broken marriage where the spouse finds themselves deciding on whether to separate or divorce. When that doubt does arise, there is a range of emotions that accompany that question.
People are generally reluctant to change. The known is preferred rather than the unknown future.
In the aspect of letting go of a marriage, not just the separation of lives would be considered, but what would happen to the friends, finances, children, and possessions?
So the question arises, is it really fair to simply walk away from a union shared in which years have been invested?
Sure enough, there isn’t a simple answer that could be universally fitting for all people facing marital problems. However, there are a few particulars that would apply to this situation that can be looked into. These signs may appear in a marriage that can no longer be salvaged:
• The discussion becomes impossible.
Communication is a huge part in making a relationship work between married couples. Once there is a breakdown in communication it can be identified that every discussion becomes a conflict.
• Finding and pointing out faults becomes easy.
There is a significant difference in a complaint and criticism. Everyone is prone to faults, and a distressed marriage becomes a base for pointing out all flaws and spending a great deal of time criticizing it.
• Walking on eggshells.
The spouse may think that they are keeping peace within the relationship by avoiding conflict but what’s really happening is that the problem is being built up.
• The cause of stress becomes the spouse.
Coming home to a spouse and being able to discuss a bad day seems like the dream. However, when the reason for stress is the spouse, this becomes an issue.
• Feeling estranged.
More time is being spent thinking and functioning as a single person.
If both parties of the marriage conclude that the marriage can’t be saved and it is officially over, divorce can be considered. Divorce would open the doors to a better more prosperous future for both parties. The best Orlando divorce attorney could be assessed and selected to ensure a happier life.
Erin Morse Law firm located in Central Florida is a Family Law firm dedicated to providing each client with affordable, practical, and passionate services. All practices are ensured through experienced attorneys with an energetic representation for each client ensured for finding the best resolution to their unique situation.
Half a century ago people would’ve never believed that video games could be a reason for divorce. But times are different, people have changed, and now there are enough stories about it. Some couples have claimed that the reason for the downfall of the marriage is one spouse’s addiction to games.
One might think that the addiction to video games is entirely harmless. That is compared to other worse addictions. But it is worth noting that even video game addiction has been categorized as an impulse control disorder.
As harmless as the intention is, video gamers do run the risk of divorce given certain circumstances. You may be surprised to hear that it is not the time spent playing video games that is the problem. But the fact that the addicted gamer spouse will often replace real human interaction with video games. Thus distancing themselves from the other spouse causing the marriage to fall apart. A marriage is meant for two people. When one doesn’t contribute enough, problems do occur.
Studies have also shown another interesting result. Note the words “one spouse’s” in the first paragraph of this article. The couples who play video games together do not seem to have the problems mentioned above in their lives. After all, this could be the answer to all the gamer spouses out there. Involving your spouse in playing video games could help save your marriage.
Those of you who think that married people rarely play video games, here’s news for you. The average age of a gamer is 35 years, and the average age for marriage is in the late twenties.
However, Orlando FL Divorce Attorney, Erin Morse is ready to help you out and clarify any issues you have regarding divorce matters whenever necessary. If things do go wrong, the right Divorce Attorney can make a big difference in the divorce outcomes. Call the law office of Erin Morse right away!
If you thought divorce in itself was complicated as it is, here’s news. Military divorce can get even more complex than usual. That is usually because of the many benefits that come along with serving in the military.
If you or your soon-to-be ex-spouse is serving/has served in the military, you need a skilled Divorce Lawyer Orlando. Many aspects of a military divorce make it challenging for the lawyers as well. Nevertheless, military personnel also have the desire to be able to handle the divorce proceedings as smoothly as possible.
When it comes to time-sharing, military divorces can pose added challenges. That is with the spouse serving in the military being stationed overseas or having to move to and from constantly. That complicates matters further. That is all the more reason as to why you need a skilled Divorce Lawyer Orlando to handle your case.
Not just that. Many are aware that military retirement accounts have their own benefits. Those benefits have been put in place to value their military service. Nevertheless, divorce calls for property distribution which involves all marital assets and property. And even retirement accounts. But military retirement accounts cannot be handled as other traditional retirement accounts. They call for a separate approach.
Military divorce has its own complexities that require a competent Divorce Lawyer Orlando to handle with expertise. It is important that you select a lawyer who thoroughly understands this field of family law as well. Doing so will yield it’s many benefits as you can minimize errors and let the experts handle the case. With competent legal representation by your side, you are more likely to end up with the most favorable outcomes.
Call the Law Office of Erin Morse now to get yourself an appointment. Call now to start discussing your case with the best lawyer in town.