FAQS

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

Why do I need to hire a bankruptcy attorney?

You may have heard advertisements on the radio for do-it-yourself bankruptcy, but this is not the best option for someone who is struggling with debts. You would save money on the fees a Miami bankruptcy lawyer will charge you, but you may pay for this decision later. Bankruptcy attorneys have much more experience in this area than you do as a layperson. Therefore, they know how to help you save your home and your automobiles. They can stop your creditors from calling you constantly. They can help you keep your most valuable possessions and may even be able to eliminate your credit card debt. Bankruptcy attorneys have also discharged expensive medical bills, stopped the wage garnishment process and resolved their clients tax nightmares. When you hire a bankruptcy attorney, you will have someone who will use many resources that you do not possess to guide you toward financial health.

Do I have to appear in court?

Chapter 7 and chapter 13 do not necessarily require a trip to court, but you will have to attend a short meeting. However, this meeting will not be held at the court.

Which debts can be discharged through bankruptcy?

You may discharge unsecured debts under chapter 7 and chapter 13 of the Bankruptcy Code. These debts include legal judgments, personal loans, bills for certain serviceids, utility bills, medical bills and credit card bills. Debts that are secured by collateral are considered to be secured debts, and they cannot be discharged. One example is a home loan hat is secured by your house. Debts that were incurred fraudulently also cannot be discharged in bankruptcy.

What if a creditor filed a lawsuit against me?

You can stop a creditors lawsuit by filing for chapter 7 bankruptcy or chapter 13 bankruptcy. Once this has been done, your creditors will be required to cease all collections activities, and they will not be able to garnish your wages.

My spouse wants to file for bankruptcy. Do I have to file as well?

If your spouse incurred significant debts in his or her name only, you are not required to file for bankruptcy. However, your salary and your assets will be taken into consideration before your spouse can file for chapter 7 bankruptcy or chapter 13 bankruptcy.

Do I qualify for chapter 7 bankruptcy?

Bankruptcy attorneys determine whether or not new clients qualify for chapter 7 bankruptcy by comparing their monthly or disposable income to Floridas median income. If you earn too much money to qualify for chapter 7 bankruptcy, you may be able to file for chapter 13 bankruptcy.

What Happens If I Decide Not To Do Anything?

The worst thing that you can do is decide not to do anything. If you do not take action, your creditors will continue to make attempts to collect what you owe them, and they may even increase these efforts. So, you must address this issue directly even if you do not have the means to repay your debts now. Otherwise, your creditors may act first and file a lawsuit against you.

What is legally considered harassment by a collection agency?

There are some examples where collection agencies can cross the line and you have the right to send them a certified letter saying that you are being harassed. Some examples of crossing the line include:

• Use violence or threaten to damage your reputation, take away your property, etc - Use disrespectful or obscene language - Distort the collection agency by saying that they are calling on behalf of the state or federal government or false implications saying they are a lawyer or a law enforcement officer - Give false information about the amount of money you owe - Insinuate that failure to pay debts will result in arrest or imprisonment

What are some tips for people who file for bankruptcy?

Some tips that will help you throughout the process include:

• Assess your finances: Get more information about what caused the financial problem and what to do to avoid the same problems in the future - Get a free credit report: This will help you find out more about all the creditors you owe. All these creditors must be included in the bankruptcy process - Obtain a credit counseling certificate as soon as you can. This is one of the prerequisites to filing for bankruptcy. You must obtain the certificate from a government-certified counseling agency - Hire a lawyer: This is probably one of the wisest things you can do. Lawyers know much more than you do about how things work in the legal system

Is it possible to obtain bankruptcy forms on the Internet?

Yes, it is possible to get them, but we do not encourage self-representation. This will leave your case open for possible serious or permanent errors. A capacitated, legal counselor is always better. If you want to become familiar with these forms, click here.

Is credit counseling mandatory before filing for bankruptcy?

Under the new law, you should seek credit counseling, unless you have received counseling from an approved nonprofit agency. The laws will only exempt people who are unable to pay due to:

• disability, or active military duty.

What happens if my spouse has a lot of debt, but not me, and I do not pay? Would this affect my credit?

Bankruptcy cases are worked on an individual basis. It is not like owning a property where both spouses are together. A bankruptcy will only affect the person who has it. It will not affect the spouse unless it is presented. Spouses have different names and social security numbers; therefore, their financial lives are independent in the eyes of the credit bureau. However, if you are a co-debtor, the creditor will definitely seek you for payments. Ask a Gallardo Law Firm lawyer what to do if you are in this situation.

Is it possible to keep my credit cards?

You may be able to keep some credit cards, but remember that the trustee can ask you to cut all your credit cards. After filing, you should not charge anything on your credit cards. The goal is to remain debt free. If you are not in debt to a particular creditor, you may be able to keep your credit card. However, first check with your lawyer.