Are Child Custody, Visitation and Timesharing the Same?

Posted on September 27, 2019 by shanelaw2019

Terminating a marriage that involves mutual children can bring about a lot of anxiety and uncertainty related to litigation when it comes time to decide where the children will live and under what circumstances they will see the other parent. Fortunately, a divorce decree is a helpful tool that sets in place certain child custody limitations and allowances for both custodial parents, all in the best interests’ of the children.

To help relieve such stress and confusion regarding your child custody divorce decree, it is helpful to understand the current and accepted terminology surrounding child custody cases. Many couples use the terms child custody, visitation, and timesharing, interchangeably, but these are not all current nor universally-accepted terms in the area of law.

Continue reading to learn the difference among child custody, visitation, and timesharing, as well as, where you can request personalized guidance for your family legal matters.

Orlando Child Custody Attorney 407-887-7058

Child Custody Legalese

Any type of legalese, or law-related jargon, can be confusing to the average person. So it is no surprise the parents find themselves in a panic when trying to understand the difference between visitation and timesharing. Are they the same thing? Is child custody different from visitation? These are all relative and pertinent questions you should be asking yourself when facing a divorce that involves sharing (or not sharing) child custody. That is because it is important to learn more about Florida child custody before entering into any agreement so that you can be better prepared for your hearing’s outcome.

Florida Uses the Term, Timesharing

Here in Florida, the accepted legal term is timesharing. The terms custody and visitation are no longer used by the courts. Instead, the Florida Statutes require that Courts implement a Parenting and Timesharing Plan for divorcing or separating married couples. There are two types of child custody that the state of Florida recognizes: physical custody and legal custody. Physical custody refers to the actual residence of the child, whereas legal custody refers to who can make major decisions regarding a child’s upbringing. A Parenting and Timesharing Plan is intended to govern how a child’s time will be distributed between two custodial parents, as well as, how important decisions regarding a child’s life will be made.

Variable Custodial Arrangements

Although there are two primary categories of custody, there are several different kinds of custodial arrangements that can be made depending on family’s particular circumstances. For instance, both parents can share legal custody while one maintains primary physical custody and the other has timesharing rights, or one parent can have sole legal and physical custody. It is strongly encouraged to seek professional legal advice for your particular child custody legal matters in order to obtain the best possible outcome for you and your children.

Florida Child Custody Advice You Can Trust

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice regarding Florida child custody and related family matters. Family attorney, Shane T. Herbert, specializes in divorce, including collaborative divorce and child custody time-sharing. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our Orlando family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking.

Orlando Family Lawyer 407-887-7058 — Shane T. Herbert Law 407-887-7058

Can Same Sex Couples Be Denied a Wedding Venue?

Posted on September 24, 2019 by shanelaw2019

Marital rights have certainly come a long way from the time the Supreme Court legalized interracial marriage in 1967 in Loving v. Virginia. Since the 2015 Obergefell v. Hodges ruling, same sex marriage has also been legal in all 50 states. But this nationwide ruling does not stop all who oppose from discriminating against same-sex couples. There have been many cases of wedding vendors refusing to accommodate homosexual couples, using religious objections as an excuse. Is this legal?

Continue reading to find out more about this unfortunate, ongoing problem, including what you can do if you are a victim of similar marital discrimination.

State Laws vs. First Amendment Rights

Wedding venues, photographers, and even planners have gone on record to say they will not work with same-sex couples. Although many states have anti-discrimination laws in place, sadly, some Federal courts approved the decision to refuse service based on religious beliefs. For example, a baker in Colorado refused to make a wedding cake for a gay couple.

As a result, the couple joined forces with the Colorado Civil Rights Commission, who alleged the baker was in violation of the state’s anti-discrimination laws. The Court did not rule that business owners have the right to refuse service to homosexual couples, however, they did rule in favor of the baker based on his 1^st Amendment rights. The court decided that 1^st Amendment rights trump state anti-discrimination laws.

Unfortunately, business owners all across the country continue to discriminate based on religious objections. More recently, a Mississippi interracial couple were denied service at a wedding venue, who claimed providing service would go against their religious beliefs. They actually stated, “[W]e don’t do gay weddings or mixed raced (weddings) because of our Christian race, I mean our Christian belief.”

Are You a Victim of Marital Discrimination?

If you have been denied service by a wedding vendor, or discriminated against as a result of your race, religion, or sexual preference, it is strongly encouraged to discuss your incident with a seasoned marital lawyer who specializes in discrimination cases.

Where to Get Marital Legal Assistance in Florida

Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a seasoned family lawyer about marriage legal assistance in Orlando, Florida. Our office is conveniently located in the Metro West area, within The Offices of Veranda Park, with ample free parking. And for your added convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.

Shane T. Herbert, Attorney at Law 407-887-7058

Learn What You Need to Know About Legal Guardianship in Florida

Posted on September 20, 2019 by shanelaw2019

Guardianship can refer to the legal custody of a non-biological child, disabled adult child, or an incapacitated adult. This generally becomes a litigious matter when a parent (or current caretaker) passes away or fails to meet the legal standards for guardianship. Common forms of establishing guardianship include adoption, foster care, and guardian ad litem (GAL), which is a court-appointed volunteer who represents the interests of a child. In other circumstances, individuals are looking to relinquish guardianship, emancipate themselves from guardianship, or protect themselves in cases of surrogacy and child reproductive rights.

Regardless of whatever guardianship matters come your way in life, it is wise to retain legal counsel from a seasoned Orlando family lawyer you can trust for intelligent and practical solutions that work for you.

Orlando Child Custody/Child Support Lawyer 407-887-7058

Who to Trust for Family Legal Advice

Here at the Law Office of Shane T. Herbert, we provide comprehensive guardianship legal representation for families of all types here in Orlando, Florida. From general guardianship actions and modifications, to adoption, foster care, emancipation, reproductive rights, surrogacy, custodial rights, and more, we are your trusted source for preserving your family’s best interests. Whether you wish to adopt your step-child, enter into a foster care initiative, or obtain guardianship for a senile parent with Alzheimer’s, our law firm retains the knowledge and means to ensure your case is as successful as possible.

Our primary guardianship practice areas include, but are not limited to, adoption, step-parent adoption, second parent adoption, same sex couple adoption, foster care, emancipation, guardian ad litem, reproductive rights, surrogacy, and more.

Get In Touch Today

Contact Shane T. Herbert Law, LLC at 407-887-7058 to learn what you need to know about child custody and support in Orlando, Florida. You may also submit a free email, and we will get back to you shortly after. For your added convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone when scheduled.

Will Filing for Bankruptcy Affect My Divorce?

Posted on September 17, 2019 by shanelaw2019

No one ever says divorce is easy. That is largely because the process of ending a marriage takes a toll on most people, both emotionally and physically. But divorce can also impact other vital aspects of a person’s life, such as finances, especially if a divorcing couple is already in the midst of financial struggles or rehabilitation. One such example is bankruptcy.

Continue reading to learn how filing for bankruptcy might affect the outcome of a divorce, as well as, where to get trusted legal advice on protecting your assets following a dissolution of marriage in Florida.

Filing For Bankruptcy

Bankruptcy cases will affect assets and liabilities of a divorcing couple. It will also affect child and spousal support orders, and much more. For this reason, it is vital to hire a seasoned divorce lawyer who can help you understand what to expect from the overall dissolution of marriage process if you are facing bankruptcy.

There is more than one type of bankruptcy filing. The type a couple chooses for their financial recovery mostly depends on how much disposable income each spouse has left after paying all expenses. The type of bankruptcy filing chosen is further influenced by a divorce since such factors might be included in the filing.

Chapter 7 Bankruptcy

When a couple does not have enough disposable income to pay off their debt, and they do not own a business, they will likely file for Chapter 7 Bankruptcy. This process can take anywhere from 6 to 8 months, or longer, depending on the unique circumstances of a couple’s finances. When divorcing, Chapter 7 Bankruptcy can be completed either before or during the proceedings. However, it is strongly encouraged that each spouse finalize their bankruptcy filings separately, before filing for divorce, so that financial debts do not complicate the divorce settlement.

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy is another type of bankruptcy filing option, which can take several years to complete; usually between three and five years. In such cases, it is wise to finish all Chapter 13 filings before starting the divorce process because it can drastically complicate and prolong the divorce proceedings. For instance, if a spouse, or both, own a business, filing bankruptcy prior to divorcing can ensure that the debts of the company are managed separately from the interests of the divorcing spouses.

Where to Get Divorce Legal Advice in Florida

Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a seasoned family lawyer about getting a divorce in Orlando, Florida. From marriage and divorce, to alimony, child support, child custody, and everything in between, we can navigate all aspects of your family legal matters from start to finish. For your convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.

Frequently Asked Questions About Legally Changing Your Name

Posted on September 13, 2019 by shanelaw2019

Whether you are marrying, divorcing, or simply wanting to take a new direction in life, a name change could be on your impending to-do list. If so, it is important to understand what will be expected of you in the process of legally changing your name, as well as, how to do so in the most secure way possible. After all, changing your name under law is a serious undertaking that requires certain legal obligations and commitments. So be sure you are fully ready and well-equipped before moving forward with the process.

Start by reviewing some of the most frequently asked questions about legal name changes, below.

How Do I Change My Name After Getting Married?

In almost all states, in order to change your name legally after getting married, you have to file a petition with the court. In some states, all you have to do to change your last name to your spouse’s is submit a certified copy of your marriage certificate. Florida happens to be one of these states. Overall, the process involves various petitions, forms, deadlines, court hearings, and more. It also includes submitting a social security card application (Form SS-5) with the Social Security Administration (SSA), and then visiting the Florida Department of Highway Safety and Motor Vehicles (DHSMV) for an updated drivers’ license, vehicle title, and registration. There, you will also need to submit Form DS-5504 for a new passport.

How Do I Change My Name After Getting a Divorce?

The process of changing your name after a divorce is exactly the same as the process you took to change your name after getting married. Another option is to ask for your name to change back to your former name in your final divorce decree. In this case, all you would need to legally change your name on all of your official documents is a certified copy of the divorce decree. However, this varies independently from case to case, so always check with your trusted family lawyer before checking a name change off your to-do list.

How Much Does it Cost to Legally Change My Name?

The cost to change your name legally varies from state to state, and case to case. The average cost of legal name changes typically falls between $100 and $400. Possible payment obligations when legally changing your name might include court filing fees, fees for certified copies, attorney fees, newspaper notice fees, birth certificate name change fees, DMV fees, and more.

Which Documents Do I Need to Change My Name On?

All your official documents will need to show your name change. First priorities include passports, social security cards, and drivers’ licenses. You can add in your birth certificate too. After your name is changed, you will need to update your social media, office tags, airline reward profiles, and more.

Do I Need a Lawyer to Legally Change My Name?

Although a name change is mostly a straightforward process, for the average person, the petitions, paperwork, proofs, deadlines, and court appearances (yes, you’ll likely have to attend court to change your name) can be incredibly complicated and overwhelming. Not only is the process complex, it is important that it is carried correctly and congruently across the board. Documents like passports, professional licenses, drivers’ licenses, permits, social security cards, birth certificates, and more, are critical. For these reasons and more, it is strongly encouraged to hire a family lawyer to help you with the legal name change process. They are the solution to getting the task done right, the first time around.

Where Can I Get Name Change Legal Services in Florida?

Call the Law Office of Shane T. Herbert at 407-887-7058 for help with legal name changes in Orlando, Florida. From marriage and divorce, to alimony, child support, child custody, and everything in between, we can navigate all aspects of your family legal matters from start to finish. Our office is conveniently located in the Metro West area, within The Offices of Veranda Park, with ample free parking. However, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.

How Long Do I Have to Pay Child Support?

Posted on September 10, 2019 by shanelaw2019

If you are paying child support in Florida, do not assume that your legal obligations end when your kid turns 18 years old. There are exceptions to this rule, depending on your family’s needs and circumstances. Continue reading to learn what you need to know about child support payments and laws in Florida, as well as, where to find trusted legal advice for your family matters.

Orlando Child Support Attorney 407-887-7058

Child Support End Dates in Florida

In October of 2010, Florida legislated a statute requiring that all child support orders have an end date for child support payments. This means that any child support orders established before October of 2010 do not contain end dates, and will continue as valid orders until terminated. Furthermore, there is something called an Income Withholding Order that usually goes along with a child support order. This order is required by law to have an end date.

Child Support Beyond 18 Years Old

As a result of rising costs of post-secondary education, market inflation, and similar economic variables, the need for extended financial support for guardians of children is more common among families of all income brackets. And to the benefit of many families, the state of Florida allows certain legal recourse to satisfy those needs, so long as the courts agree.

Normally, under Florida law, child support payments are to end on a child’s 18^th birthday, unless both parties agree to another arrangement. Either guardian can put in a court order to modify child support in any way, so long as the order is filed within a certain time frame.

When making such modifications, the length of time a legal guardian might be ordered to pay child support mostly depends on when the child graduates high school, and at what age. There are some cases in which child support must be paid until a child reaches the age of 19 years old, or perhaps indefinitely.

Here in Florida, the law might recognize certain limits on child support payments, such as:

Graduates BEFORE 18 Years Old – Child Support Ends on 18^th Birthday

Graduates AFTER 18 Years Old – Child Support Ends on Graduation Day

Graduates AFTER 19 Years Old – Child Support Ends on 19^th Birthday

Not Graduating Before 19 Years Old – Child Support Ends on 18^th Birthday

Extended or Indefinite Child Support

As mentioned, there are several cases in which child support might be granted beyond a child’s 18^th and 19^th birthday, and in some cases, permanently. In the case of children who are special needs, terminally ill, or mentally or physically incapacitated, the state might grant extended or indefinite child support, depending on the circumstances.

Step-Parent Child Support

Many divorcing couples share blended families, which leads many step parents asking about rights surrounding child support. In Florida, step-parents are not required to pay child support to non-biological children, nor do the courts consider a step-parent’s income when calculating child support awards.

Florida child support is complex, as the rights and legal obligations of child support varies greatly among families. To get the best possible outcome for your family, you need professional legal advisor who can help you better understand your unique case.

Contact the Law Office of Shane T. Herbert at 407-887-7058 to speak with a child support lawyer in Orlando, Florida about your family legal matters. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. We look forward to helping you resolve your family legal matters.

FAQS About Marital Agreements

Posted on September 6, 2019 by shanelaw2019

Whether you are preparing to marry or already have, you may be wondering about your options for implementing a marital contract. Such contracts are commonly referred to as prenuptial and postnuptial agreements, both of which can provide a long list of benefits for both spouses who may be entering into or leaving a marriage. If you are considering seeking out a marital agreement, even if you have already wed, you have few options to choose from. However, your options will depend on a wide range of factors, including the state you live in, the congeniality between you and your spouse, and more.

To help you better understand the concepts of prenuptial and postnuptial contracts, review the most frequently asked questions about marriage agreements, below.

Orlando Prenuptial Agreement Lawyer 407-887-7058

What is a Prenuptial Agreement?

Also called a prenup, a prenuptial agreement is a type of marital contract between two spouses that establishes rights to finances and property in the case of divorce. This contract is formed BEFORE a couple weds, hence the prefix.

What is a Postnuptial Agreement?

Also called a postnup, a postnuptial agreement is a type of marital contract that is formed AFTER a couple weds. Just like a prenuptial agreement, this contract is made between two spouses and establishes rights to finances and property in the case of divorce.

Do I Need a Premarital Agreement?

Most people think the purpose of a marital agreement is to protect the assets of the wealthier spouse, but they can also serve several other functions, such as protecting family businesses, inheritances, and more. In fact, some commonly seen clauses in prenup and postnuptial contracts are debt protection, savings contributions, finance and property division, clarification of financial responsibility, alimony, asset protection (businesses, family heirlooms, etc.), retirement, tax return filings (income, deductions, claims, etc.), life insurance and benefits after a death, and more. Talk to a Florida family lawyer for help deciding whether or not a marital contract is right for you.

Why Do Married Couples Get a Postnup?

Postnuptial agreements can also be used as amendments or terminations of prenuptial agreements. Sometimes, wedded couples change their minds down the road and choose to revise their marital contracts. Other times, couples feel an impending divorce and wish to streamline the process while also minimizing legal expenses. Additional examples include revisions to child inheritance protection, debts taken on during the marriage, changes to financial contributions (working wife converts into stay-at-home mom), and more.

What Makes a Marriage Contract Valid Under Law?

Overall, in order for a marital agreement to be valid and recognized under law, it must be in writing, signed by both spouses, and officially notarized. A prenup might be deemed invalid if it were forcibly signed or not read in full prior to signing. This could happen when a spouse misleadingly hands the other a large packet of documents containing the marital agreement and has them sign and date all of them at once.

Can I Make My Own Marital Agreement?

You can choose what you wish to add to your marital contract, so long as the other party agrees and it is within the law. However, it is not recommended to draw up your own without the help of a licensed attorney. Not only are marriage contracts very serious, there several requirements that must be met in order for them to be binding under law, making them incredibly complex as well. Furthermore, some states do not allow spouses to share marriage lawyers, so in some cases, each spouse will have to retain their own legal counsel. Even if your state allows you to share a lawyer, it is not recommended. Retaining separate legal counsel better protects your rights and liabilities.

Can Anything Be Added in a Nuptial Agreement?

Every state has a set of laws that regulate what can and cannot be put into a marriage contract. In general, some common restrictions include child support or child custody decisions, illegal acts, alimony waivers (Some states allow a souse to give up their alimony rights, although they look down on it or set limits.), financial incentives for divorce, and personal matters that are not financial.

Where Can I Get Help With a Marital Agreement in Florida?

Contact the Law Office of Shane T. Herbert at 407-887-7058 to get trusted legal advice and assistance for all legal matters related to marital law in Florida, including prenuptial and postnuptial agreements. Our seasoned family law firm is based out of Orlando, and conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. However, office visits are not required for initial consultations, so you can inquire about your legal needs in the comfort of your own home. We can provide initial information over the phone or via video conference, such as Skype.

The Do’s and Don’ts of Divorce

Posted on September 3, 2019 by shanelaw2019

Not all divorces are guaranteed to be easy. However, you can do your part to ensure the best possible outcome of your divorce by avoiding negative choices and taking positive steps in the right direction. To help understand how to achieve this resolve, continue reading to learn the most important do’s and don’ts of divorce.

Divorce Attorney Orlando, Florida 407-887-7058

What You Should Never Do During a Divorce

Making bad or impulsive decisions during a pending divorce can render a long list of challenges for both you and your divorce lawyer. Not only can it increase your personal stress, it can make it more difficult for your lawyer to represent you and it can displease your presiding judge.

To ensure you do not make any mistakes or poor choices when legally terminating your marriage, follow these important DON’TS of divorce:

❌ Do not make any large purchases, such as a house or car.

❌ Do not hide property or other assets.

❌ Do not give away property or assets as gifts.

❌ Do not withdraw cash for unauthorized purchases.

❌ Do not move out of the country.

❌ Do not withhold information during the discovery stage.

❌ Do not post about your life or divorce on social media.

❌ Do not remove your spouse off of your insurance policies;

❌ Do not turn off utilities to spouse’s home.

❌ Do not bad-mouth your spouse to, or in the presence of, your children.

❌ Do not violate any custody arrangements or court orders.

❌ Do not make threatening remarks to your spouse or anyone else.

❌ Do not get in trouble with the law.

What You Should Do

In addition to avoiding certain errors of judgement or impulsive behaviors, you can take the initiative to do things that will improve the divorce process. These tips will help speed up the timeline and get more of what you want out of a divorce.

✅ Hire a divorce lawyer to represent your case.

✅ Understand all the options for dissolution of marriage in your state.

✅ Ask your attorney many questions to fully understand your situation.

✅ Fully disclose all information regarding assets, income and finances.

✅ Be reasonable and fair with your spouse;

✅ Cooperate with court orders and mediation;

✅ Communicate respectively and effectively with your spouse pertaining to kids’ schedules and visitation times.

✅ Support your children as much as possible through the process.

✅ Stay off of social media.

Not Quite Ready to Get a Divorce?

If you are not ready to file for divorce just yet, there are some other options that might be a better fit for your family. Talk to a licensed divorce attorney who can provide trusted advice and guidance on all your family legal matters related to marriage and separation. They have the knowledge and experience to represent the best interests of both you and your family, regardless of your definitive decision.

Contact Our Florida Divorce Law Firm

Call Attorney Shane T. Herbert at 407-887-7058 to get trusted legal advice from a seasoned divorce lawyer in Orlando, Florida. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. We look forward to helping you resolve your family legal matters.