February 2020 - Law Office of Philip A. McLeod, P.A.

Why should you refrain from a custody battle?

February 27, 2020/in Firm News /by

When a marriage deteriorates, it can be messy. Divorces can be volatile, messy and emotionally charged. This is an added complication when children are involved. It is easy for parents to think about their relationship and feelings towards the other parent, rather than the truth of the relationship between the other parent and child. Many parents engage in custody battles with their former spouse without thinking about the best interests of the child, according to Huffington Post.

To take part in a custody battle is actually more detrimental to the child than you might expect. This does not mean that if you have reasons to limit custody, you should not seek out this action, but you may want to evaluate your intentions. Most parents think that they have their child’s best interests at heart, but it is not always the case.

When you are in the middle of a heated custody battle, your child may believe that you care more about the fight than you do about your child. Children are resilient, but they are still children and the stress and drama from a custody battle can negatively affect them. For instances where there is drug addiction and child abuse, sole custody is crucial and beneficial for the child.

In some cases, however, a custody battle exacerbates the conflict, leads to distrust and hurts the ability for the parents to co-parent. Shared parenting is typically the best option for parents. This is not equal parenting, but it is when both parents have at least 33% of a timeshare with their kids.

Selling or keeping your house in a divorce

February 10, 2020/in Firm News /by

For divorcing homeowners, the decision about whether to sell a home or to have one spouse keep the house after the divorce must be made. This is no easy decision. People understandably have strong emotional ties to their family homes, but the fact remains that a house is often a couple’s most significant financial investment. The choice about how to proceed must reflect the financial realities of their divorce.

HSH recommends that couples carefully assess the financial outcome of a sale. In doing so, they must factor in the home’s equity, the amount due on a mortgage and the expected sale costs which could include realtor commissions, repairs, closing costs and more. In some cases, the net benefit of selling may be quite small.

If one spouse wants to keep the house, two things should happen to ensure the spouses make a proper, clean break from each other in the process. First, the person who will keep the house should refinance the existing mortgage to get a home loan in their name only. The Mortgage Reports explains that even if the divorce decree indicates that person is responsible for the mortgage, a lender may still consider both parties liable if the original mortgage remains intact. That means the person who leaves the home could be pursued for repayment or have missed payments on the part of their former partner reported on their credit report.

In addition, the couple should sign a quit claim deed assigning full ownership of the property to the person who will assume full financial responsibility for the property.

Determining child custody and visitation

February 3, 2020/in Firm News /by

Making decisions regarding children during a divorce is a difficult process. The good news is that the court always puts the best interest of the child first. There are a lot of things to decide on who gets the primary custody, how much visitation the other parent has, and whether the parents can share custody.

Children are mostly affected during divorce processes, and parents must put their differences aside to come to an amicable agreement.  Florida Child Custody Law recognizes both parents have rights to the child and can; therefore, grant shared custody.

Here are some questions that the court might consider when determining child custody.

Are there any emotional ties?

It considers how the child relates to the other parent and how they feel in their presence.

What is the other parent’s ability to provide?

The court also looks at the parent who is in a better position to provide for the child. However, 2019 Florida Statutes requires that parents give equally to the child. It may consider the parent who has been putting the child’s needs first.

How much care and guidance does the child need?

While both parents may love the child equally, one of them must outdo the other in showing affection, guidance, and correction.

How is the health of the parents?

The judge also considers the health of the parents to decide who gets primary custody. The primary custodian must be healthy, both physically and mentally.

It is not news that a parent may fail to get both custody and visitation based on the findings of the judge. The judges must look at different angles and even ask miscellaneous questions before granting custody and visitation rights.

Why should you refrain from a custody battle?

Selling or keeping your house in a divorce

Determining child custody and visitation

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