Family FAQs page 5

149 FAQs where found , 29 in this page

What would happen if my partner and I got married without prenuptial?

Under Florida prenuptial agreement law any married couple after divorce are entitled to equitable property separate, so if you did not take a prenuptial agreement before marriage Florida then they would have to submit a process of equality division of property Miami. Learn More

Typical prenuptial agreement must be signed before a notary mandatory?

Sure, but prenuptial agreements are treated verbally in front of witnesses, are not considered legal and thus have no validity. You need to visit the family lawyers at Gallardo Law Firm, whose draft and sign the agreement and establish who has legal grounds. Learn More

What is the difference between equitable distribution and community property?

The main difference between them is based on community property in both parties have rights to equitably divide property acquired during the marriage, while the separate property before marriage is established through a notarized agreement legally declares that when divorce occurs there will be no equitable division of property, each member of the marriage will belong what your job or acquired by inheritance. Learn More

So that I need the help of a mediator premarital?

Through the help of a mediator, couples discussed their expectations of children and property rights. They also talk about what should happen in the event of a separation. This document must be written and reviewed by their lawyers. This serves as cheaper alternative regular prenuptial agreements. Learn More

What would be the cost of a prenuptial agreement in Miami?

Costs are given in dependence on the state and city where you are. You need to contact Gallardo Law Firm in Miami where will provide all the information that you need. Learn More

What is a prenup?

Prenup is an agreement that two couple do it before a marriage. Learn More

If I die as would be prenuptial agreement and death?

If you die, you had to establish in the prenup some testament or otherwise complies with all previously agreed. Learn More

Why is the important to the third party visitation rights?

Third party visitation plays an important role in the life and development of children, because they need affection that the grandparents give them. Grandparents help the children to overcome the pain caused by the loss of one of his parents after a divorce, as this can always be traumatic for young children. Also grandparents help in the physical and psychological growth of children. Learn More

If I need a lawyer for visitation rights of children case, where can I go?

Gallardo Law Firm Miami offers assistance in the legal field if required. Go to our office and we will help in the development of the whole process. Learn More

How much cost a family lawyer in Miami?

The fees depend on the case. Many law firms have fixed rates, regardless of the cause. Learn More

What will happen if the visits are unfulfilled orders?

Orders of visits to children are taught by a judge in court so they have to be fulfilled, but can be accused of insulting the person who fails and can get some sentence of a fine or imprisonment, only the judge is authorized to modify the visitation rights of children. If for some reason the modification of visitation of children will need to ask the judge with the help of a lawyer desired changes. Learn More

Can non-custodial parents visiting children through visitation rights assigned to the grandfather?

Parents are not entitled to visitation of the children cannot use the grandparents to interact with children, this would be considered contempt of the law and this is the reasons to deny visitation to grandparents. Learn More

Grandparents always entitled to visits from grandchildren?

No, the judge first evaluated if the rights of third parties act on the best interests of the children and if the grandparents may or may not be entitled to visits them and can sometimes be the case given custodial parents of children who do not agree with visits, the judge does not allow the right of grandparent visitation. Learn More

What are the supervised visitation reasons for children? How does supervised visitation work ?

The reasons to get supervised visitation is when the custodial parent is not sure that the child is safe with the other parent during visits. In this case, you can assign a third person known to the family, where both parents and children feel comfortable with this individual during the visit. In the case of domestic violence where parents have serious communication problems is a good practice to use a supervised child visitation as intermediary between the two, if it is in the benefit of children. Another case may be where the department of family assigned attorney supervised visitation to supervised visitation grandparents to ensure the benefit of children, otherwise you can remove the right of visitation to grandparents. Learn More

Can you lengthen the time sharing of the children?

It depends on the rules that parents share. If the parent with custody of the child at the time wants to take a long time to set custody for some reason, they need advance notice to the other parent period. Learn More

The holidays and vacations as share child custody?

The holidays of children should be considered as important days, because in this time children need activities outside of their daily lives, so parents plan some extracurricular activity with their children and not fair to miss by a malfunction between the schedules of parents. If parents have a problem playing the holiday you take care of your child then forfeit that time and cannot be recovered until the next time you touch according to the rules that were established when the child shared time was formalized. Learn More

How would time be shared if I live a long distance from my children time?

If you live out of town, the time share of children is calculated depending on the time it takes to get to the children, travel expenses and hours you have in your work. Learn More

Why is joint custody important?

Joint custody is important so both parents have the right to educate and support children. Children grow much more mentally healthy and can learn and enjoy both sides. Learn More

Who are the ideal candidates for the share of children?

Both parents have the right to take responsibility for their children. Gallardo Law Firm advises both parents fighting for children sharing, as it would help the emotional and educational development of the child time. If a parent affects the growth of the court does not grant parents time sharing. Learn More

Can a parent who has committed crimes still be granted time sharing?

If the father was charged with a criminal offense opt for shared father time the judge granted only if it demonstrates that it did not affect the development of the child. Learn More

How is the time of visitation calculated?

The time of visitation of children is calculated from the rules that are imposed when the judge makes the child custody order. Parents who agree amicably to time would have convenient access to children, provided they do not affect the childs educational programming. Learn More

How does establishment paternity affect custody and visitation?

After you established paternity of the child, the father has obligations to child support, therefore you also have the right to visit and educate your child like the parent who had custody. Learn More

Am I required to set the time sharing for my son?

Well the timeshare is a period that reserve each parent to share with your child so it is not a requirement, if you feel the desire to care and educate for your child then you need that time shared that sometimes the other father denied and the judge may grant. Learn More

What is an estate planning?

Estate planning involves the change of possession of property and belongings upon an individuals death. It also involved how these properties and assets are owned. Learn More

How does the Will work?

The will or testament begins to work when the testator passes away. The document will be submitted to probate and the court will determine if it is real and legal. After this, the executor will gather the family together and let them know how the distribution of the funds and property transfers go. Learn More

What is probate?

Probate is a legal process that recognizes a will and assigns an executor who will manage the estate and allocate assets to the beneficiaries. Learn More

Is it important to contact a lawyer for drafting a will, trust and estate planning? Why?

Yes. A qualified trust and will attorney can interpret the laws on wills, taxes, property rights and probate. In addition, there are legal requirements necessary for properly form drafting, personal issues are correctly addressed. Learn More

Can I function as my own trustee in regards to a living trust?

Yes, if you are a competent individual there is no reason why you cannot be your own trustee; even if you are married your spouse can be your co-trustee. Learn More

Can I name trustees and beneficiaries people who live out of state?

Yes, there are no limits; they may reside out of the state. Learn More