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Restraining Orders in Florida Family Courts

Divorce and custody battles are often some of the most heartbreaking cases that come through the courts. This is especially true when there are small children caught in the middle. While divorce can be ugly, there are certainly times when it is unavoidable. One case, in particular, would be in situations involving domestic violence. Miami family lawyers can help clients through their underlying family court case as well as in seeking an order of protection against an abusive partner (also referred to as a restraining order).  What is a Restraining Order? A restraining order is pretty much what it sounds like; it...

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Adopting a Child in Florida

When small children are taken into state custody in Florida, there is a preference for finding relative caregivers. Unfortunately, there are times when parents cannot get their lives in order and get their children home. When this happens, adoption is the typical result. If you are a relative with custody of a loved one’s child, you may have high hopes for them to get their child back, but you should also prepare for the potential reality that you may be asked to step up and adopt that child at some point in the future. When you are adopting children in...

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How Does Cannabis Affect Custody in Florida?

As cannabis moves slowly from serious illegal drug to generally accepted for recreational and medicinal use nationwide, Florida family courts remain largely opposed to the drug. If you are facing a custody battle in Florida, you need to be prepared. This means understanding how your behavior can impact the outcomes. For those seeking to protect their children and provide the best life possible, a faith-based law firm may be just the right option.  Cannabis Law in Florida First, it is important to note that marijuana is still illegal in Florida. In fact, even medicinal marijuana comes with many exclusions and restrictions. Under...

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Adult Guardianship in Florida

As we age, many adults will experience some decline in health, including cognitive decline. In fact, per the Centers for Disease Control and Prevention (CDC), about 11.7% of all adults will experience some form of cognitive decline once they are over 65. Cognitive decline can be defined as a relative loss of mental capacity and functioning. Cognitive decline can happen for many reasons, including organic brain disorders like dementia or due to stroke or other health conditions. As we age, the risk of decline becomes more pronounced. In addition to the human toll of decline, there are legal concerns facing...

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2020 Divorce Statistics and the Impact of COVID-19

With the worldwide pandemic of COVID-19 still plaguing much of the world, divorce rates have skyrocketed in 2020. According to the National Law Review, as many as 20% of all couples who have been married for less than five months sought out a divorce during the early months of the pandemic. More startling, divorce rates went up by as much as 34% by April 2020. But what is really behind this trend, and what does it mean for those looking to get divorced during a health crisis? After years of counseling divorcing couples, the Sejour-Gustave Law Firm, PLLC is poised...

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How Do Florida Courts Determine Custody?

Florida courts, like most state courts in the country, look to the “best interests of the children” when determining issues of custody. Florida no longer considers it custody. Rather, it is discussed as shared parenting time and responsibilities. There are several key reasons for changing the language of custody in recent years, but the key takeaway should be that courts no longer view custody as an “all or nothing” proposition. It is not a matter of “who gets the kids,” but rather how much time each parent will have and what duties and rights each parent will have. In reaching...

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Can I Afford a Divorce as the Victim of Domestic Violence?

Perhaps the most devastating part of domestic violence for so many victims is that leaving seems impossible. Whether it is the psychological toll that domestic violence can take on its victims or the high financial cost of freedom, many victims do not feel they have the resources or power to fight back and get free from the abusive partner. The truth is that most people are able to break the cycle effectively once they get legal assistance from a professional. So, how does one afford a divorce when going through domestic violence? Step One. Acknowledge the Power of a Protective Order...

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How MacKenzie Scott Became the Richest Woman in the World by Divorcing Jeff Bezos

The headlines are outrageous and filled with scandal. A woman has become incredibly wealthy simply by getting divorced. If one were to read the headlines, they may get the impression that this woman has somehow fallen into luck and capitalized on her husband’s success. So, just how exactly did MacKenzie Scott manage to receive such a significant financial windfall in her divorce, and what lessons should every divorcing woman and man learn from this story? The Real Scoop Most news stories focus on the $68 Billion fortune that she now possesses, but long before there was a fortune, and long before the...

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Moving for a New Spouse’s Job After a Divorce

So, you are divorced and have children by your ex-spouse; however, you have recently begun dating someone or re-married, and that new partner has an incredible job opportunity across the country in another state. What do you do? You know the new opportunity could change life for you and your children forever, but it would mean the kids not seeing your ex nearly as much. Can you up and move? If you move without permission, what is the harm? How do you convince your ex it is the right thing for the kids? These are among some of the more common...

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Five Common Challenges in Adoptions

For those seeking to adopt a child, there are three primary ways it can be done. Each has its pros and cons. First, there is a traditional adoption. This is where an adoptive parent or parents contact an agency or find a private individual seeking to place a child for adoption, and the parties reach an agreement. Second, there are international adoptions. Finally, there are foster adoptions. Each has a unique set of challenges. However, in all situations, there are a few common challenges that potential adoptive parents should understand before making the commitment to bring a new child into...

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