Abuse of Emergency Motions: Abusing the System to Protect from Abuse

Although our offices are located in Orlando and Tampa, I take cases all over the state of Florida. In the last few days, I have appeared in Hillsborough and Sarasota Counties and will most likely appear in several other courts next week. Seasoned attorneys recognize that courts rarely grant emergency relief. However, attorneys repeatedly file emergency motions only to be denied the relief that they are requesting. What constitutes an emergency to the client and what constitutes an emergency to the court are too very different things. Filing a frivolous emergency motion comes with great risk both to the attorney...

16 September

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Divorcing When Your Child Has ADHD

Posted by DeWitt Law Firm, P.A.

in Family Law

Over the past few weeks, I have seen a repeated theme in several timesharing (commonly known as custody) hearings. Parents with children diagnosed with Attention Deficit and Hyperactivity Disorder (ADHD) are routinely arguing over whether the child should be administered medication. The parent in favor of medication attempts to disparage the other parent by stating that the parent routinely fails to provide the medication to the child. Failing to administer medication to a child is a basis to deem an individual unfit to care for a minor child. The parent against the medication states that they are not failing to...

01 November

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Paying Child Support Through The State Is Good For The Payor & Payee

Posted by DeWitt Law Firm, P.A.

in Family Law

When a family law case concludes and a child support obligation is ordered an income deduction is almost always entered at the same time. Once that income deduction order goes into effect, one person's wages are garnished, that support payment is sent up to Tallahassee, and the State Disbursement Unit processes the payment and sends it down to the recipient. This process is cumbersome and many people do not like it. Most child support payors are offended and embarrassed to learn that their wages will be garnished. Then insult is added to injury when they are required to pay fees to...

10 October

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Prohibition On Gay Adoption Is Declared Unconstitutional In Florida

Posted by DeWitt Law Firm, P.A.

in Family Law, Florida Law

On September 22, 2010 the Third District Court of Appeals found that the law prohibiting homosexual adoption was unconstitutional. While this ruling only controls in a portion of the state of Florida (including Miami), its effects have been extended across the state by Governor Christ. Florida was the only state in the entire country that maintained this type of ban on gay marriage. Other states, like Arkansas and Utah, have also banned gay adoption, but those laws are limited to gay couples. In Florida the law was the most expansive, stating "No person eligible to adopt under this statute may adopt...

07 October

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What is Collaborative Divorce?

Posted by DeWitt Law Firm, P.A.

in Family Law

A collaborative divorce is a new way of going through the divorce process. It takes the family’s personal, emotional and financial business out of the hands of a judge or a mediator and allows the participants to address their unique situation in a way that gives them the most control over the outcome. Typically, a collaborative divorce involves a team of professionals to help a couple through the financial, emotional and legal issues of a divorce or separation. The collaborative process can be used by anyone involved in a domestic relationship or by anyone who needs to modify domestic agreements. The team...

29 May

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How to Select a Divorce Attorney for You

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law

When you are going through a divorce, you want to select an attorney you feel will effectively achieve your goals and address your concerns. It is important that you feel comfortable with your divorce attorney because you do not want to have issues communicating with the attorney you have hired to help you through an often difficult and trying time. An experienced attorney will explain your legal situation in plain English and work with you toward achieving a successful conclusion of your divorce. When selecting any attorney, it is important that you have confidence that your attorney will properly advise you...