How to Have a Civil Divorce When a Child is Involved

Provided By: Mark McMann, P.A. Divorce Attorney Lakeland FL

No matter what circumstances surround a divorce, it is important that you remain civil with your ex-spouse when a child is involved. Children need both parents and it is selfish to rob them of this. Make it your goal to follow these steps for your child’s sake.

Stay away from predatory divorce attorneys

There are countless divorce attorneys out there that will try to sway your opinion on the divorce. Their goal is to convince you to go after money and property so that they can take a large cut. They will not be looking out for your best interests, so do your best to avoid them. Simply focus on finding an attorney that has a track record of civil agreements during divorce and child custody.

Remember that your child needs both parents

It’s much easier to remain civil when you focus on your child’s needs as opposed to your feelings. Children will benefit from having both parents in their life. So if you truly want the best for your child then you should focus on remaining civil with your ex-spouse.

Try to understand your ex-spouses’ point of view

This can be difficult for many, but you should really follow this step. There are always two sides to a story and most people are not intentionally cruel to people they love. Your ex-spouse likely feels the same that you do about the situation, so keep this in mind when you are going through a divorce.

Don’t talk badly about your ex

If you talk poorly about your ex-spouse, it sends many signals to your child that are confusing. First it makes them ashamed to love their parent. It also diminishes their respect for the parent which can cause many problems down the road. Follow the golden rule in this situation…would you want your ex-spouse talking poorly about you in front of the children?

Respect each others home rules

You and your ex-spouse likely have different home-rules that you expect the child to obey. It is important for a child to learn that they are expected to follow different rules in different settings. As long as your child isn’t doing anything that you consider seriously inappropriate, you should respect the ex-spouses rules. 

Stay friendly

Always make it a priority to remain friendly with your ex-spouse. If you can do this, then it will make things much easier. All-in-all it comes down this rule. The child will benefit from this as well, so make an effort to remain friendly. 

The Importance of a Establishing a Will

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Provided By: McMann, P.A. in Lakeland FL

First and foremost, a will outlines the way you would like your property to be distributed after you have passed away. With a will in place you can name the executor of the will, which means you pick who is in charge of executing your wishes. This is extremely important because you only want someone prepared for the job. If you have a large amount of property and investments to be dealt with, you will definitely want to have a will in place.

It is not essential to name an attorney as executor of the will, but it is important that you choose someone in good health. Also pay attention to laws across states if your executor lives elsewhere. By speaking with an attorney about setting up your will, you can have peace of mind that your will is secure. The person you choose can always speak with an attorney to get assistance with any issues they may have.

The ideal choice is to go ahead and create a will now, even if you are young and in good health. You can always update your will but there is nothing you can do if it’s too late. Without a will, the state steps in and makes decisions on your behalf. This isn’t necessarily bad, but it is not helpful if you had specific wishes and trusts you wanted in place.

All in all, you can never make a will too soon. With some proper planning you can have peace of mind and know that if anything ever happens to you, that your wishes will be carried out. For help with creating a will, choosing an executor, or anything else it is best to contact an attorney or specialist in this field. If you are looking for a Lakeland FL experienced will & trust attorney, look no further than Mark McMann P.A. You can contact him with any questions by calling (863) 393-9010.

Various Factors That Influence Who Gets Child Custody in Florida

If you are in the process of a divorce or considering initiating one, it’s important that you understand how child custody is determined in the state of Florida. This will help you make a logical decision based on the facts.

Child Custody Disagreements

The primary deciding factor is quite simple. The judge and court prefer to place the child under the custody of a parent that is willing to put the child’s needs above their own. What they are looking at is past behavior, and your knowledge of your child’s day-to-day life. Do you know the name of your child’s best friend? How about what time of the day your child usually eats? The judge and court want to place the child in the care of the parent that knows this information. Even if you are the bread-winner in your family, if you spend all of your time at work and the other spouse is the care-taker, they will have stronger grounds for custody.

They will also look at family relationships to determine whether or not the parent has a strong and loving relationship with the child. The court also looks at the relationship between you and your spouse. Are one of you more willing to accommodate to the other’s schedule changes? This parent shows that they want the child to have a relationship with the other parent, and this is what the court wants to see.

What is interesting about Florida courts is that they can divide up custody quite freely. By this I mean that one parent may be placed in charge of certain aspects of the child’s life, such as health care. The other parent may be given power over other aspects of the child’s life, such as education. This all comes down to determining what is in the best interest of the child. If you are in need of a ChildCustody Lawyer in Polk County FL, call McMann Law today for your free consultation at (863) 393-9010.

Various Types оf Child Custody Cases

Provided By: Mark McMann | Divorce Attorney in Lakeland FL

Divorce is stressful enough as it is, but when there is a child involved it gets even more difficult. It is important that parents who decide to get a divorce remember that they still need to do what is best for their children. During уоur initial visit wіth уоur divorce lawyer thе subject оf child custody wіll bе brought uр and which type of custody it is that you would like to have.

Joint Custody

Thіѕ іѕ whеn thе parents share equal rights аnd іѕ аlѕо knоwn аѕ shared parenting. Thе parents wіll bе ordered tо prepare а schedule wіth mutual consent оr thе court wіll іf thе parents саnnоt dо it. Whеn choosing thіѕ type оf child custody thеrе іѕ ѕоmе thіngѕ thаt аrе tаkеn іntо consideration ѕuсh as:

• Thе parents ability tо cooperate оn issues thаt аrе related tо thеіr children

• Thе parents active involvement іn thеіr children's life аnd саn give thе proper child care

Mоѕt оf thе courts favor thеѕе types оf child custody cases bесаuѕе thеу bеlіеvе іt іѕ mоrе beneficial fоr thе children tо hаvе а good relationship wіth bоth оf thеіr parents. It helps tо reduce thе trauma tо thе child whеn thеу аrе separated frоm оnе parent.

Sole custody

Thіѕ іѕ whеn thе child custody case gіvеѕ full custody rights tо оnе parent but іn today's world thіѕ type оf child custody іѕ rarely granted but thеrе аrе circumstances whеn іt іѕ granted. Thе non-custodial parent саn bе gіvеn visitation rights аlthоugh thеу mау bе supervised.

• Onе parent іѕ knоwn tо hаvе іn indulged іn child neglect, unable tо provide proper care fоr thе child оr indulged іn abuse

• Thе parent hаѕ bееn thе primary caregiver fоr а long period оf time

• Substantial proof іѕ gіvеn tо prove thаt а parent іѕ unfit

• Lack оf parental involvement іn thе children's life оr nо strong parent-child bone

• Onе parent іѕ prone tо alcohol оr drug abuse

• It іѕ nоt іn thе child's bеѕt interest tо grant оnе parent sole custody

Temporary Custody

Whіlе thе divorce proceedings аrе gоіng оn thе family court саn give а ruling оn thе child custody cases іf thе parents саnnоt соmе tо аn agreement out-of-court. Althоugh thе ruling states thаt іt іѕ temporary custody, аftеr thе divorced іѕ finalized іt іѕ uѕuаllу upheld аѕ permanent. Thіѕ соuld bе bесаuѕе changing thе child custody ruling соuld adversely affect thе children аnd disturb thеіr routine.

Thеѕе аrе јuѕt thrее оf thе dіffеrеnt child custody cases thаt саn occur whеn parents initiate divorce.

When dealing with divorce legal issues or disputes, it is important to seek the legal advice and representation of an experienced divorce attorney or lawyer as soon as possible, as the longer you wait to obtain legal representation may directly affect your ability to achieve a successful outcome.

We provide professional divorce attorney & lawyer legal services in Lakeland, Winter Haven, Bartow, and surrounding areas. We urge you to be proactive in protecting your legal rights.

The firm takes great pride in its commitment to client service. Here, the bottom line is less important than obtaining the best results for the client. Call the firm and speak with Mark McMann at (863)-393-9010 to discuss your options…and get the facts regarding child custody today.