Profile cover photo
Profile photo
Blair H. Chan, III, PLLC
Responsive, Assertive and Accomplished Marital and Family Law Attorney
Responsive, Assertive and Accomplished Marital and Family Law Attorney

Blair H. Chan, III, PLLC's posts

Post has attachment
You Plan A Lot Of Aspects Of Your Life, & Filing For Divorce Is No Different. Things To Consider Before Filing -

Post has attachment
If Your Spouse Cheats On You, You May Be Able To Sue The Individual They Had The Affair With. Here's Why You May Be Able To Pursue A Lawsuit -

Post has attachment
Divorce and Children in Florida: What You Need to Know

Divorce is often a very emotional situation. Both parties often have a difficult time ending the marriage and dividing the assets and establishing legal obligations to their soon-to-be ex-spouse. Determining child custody and parental rights is often the most difficult task for both parties.

Shared Parental Responsibility

#Florida believes strongly in shared parental responsibility. It is very difficult to establish sole custody or single parent status in a divorce in Florida unless there has been documented abuse of the children presented to the Court.

Even then, Florida may provide the other parent with the right to visit their children under special protective circumstances.

It is the belief of the Florida courts that regardless of the ability of the parents to get along in a marriage, they are both responsible for the upbringing of the children.

Even if the children live with one parent more than the other, both parents retain a legal right to make decisions about the health and welfare of the children of the marriage.

The Court will require that a parenting plan is created and presented to the Court for approval before the finalization of the divorce is granted. This parenting plan will include living arrangements, visitation rights, decision making plans, and all other issues pertaining to the welfare of the children.

Required Parenting Class

Florida now requires that all parents attend a Court approved parenting class prior to the dissolution of marriage. This class is designed to prepare the parents for raising children as a single parent and informs them of their responsibilities to the other parent after the divorce.

This is a mandatory class and varies in length by county. Your divorce attorney will inform you of the available classes in your area. Proof of completion is necessary for the divorce to be finalized.

Also Read: 8 Things to Ask Your Divorce Attorney

Child Support

Financial support of the children is determined on the net wages of both parents and the number of children in the marriage. Florida Statutes has created a chart that establishes the amount of child support that is necessary based on these two factors. Preference is not given to either parent at this point; the support is based on income levels alone.

However, there may be other factors that are presented to the Court that may require one or the either parent to provide additional forms of support while the children are minors.

This may include:

• Health insurance coverage for children

• Additional support for special needs children

• Expenses related to schooling

• Expenses related to extracurricular activities

Establishing support guidelines is often the most difficult part of the negotiation process for finalizing the divorce. Although Florida has established specific guidelines for support amounts, there are often too many other circumstances surrounding the support to just go by these figures.

Your #childSupportAttorneyTampa, Fl will have to create a support plan for the children and present it to the opposing attorney for their approval. Once negotiations are completed, the final figures must be presented to the court for approval.

The Court reserves the right to change or alter any support plans if it feels that the plan is not in the best interest of the children.

Relocation of the Children After Divorce

Florida has very strict laws and procedures concerning the relocation of children after a divorce. Relocation is defined as moving 50 or more miles from the area where the children currently live for a period of 60 or more consecutive days.

#Divorced parents must understand that relocating the children without the express consent of the other parent, and with the proper court documentation filed and approved, is against Florida law.

Parents who desire to relocate their children must file a petition with the Court establishing that they need to relocate and the reason for that relocation. The other parent is given a limited number of days to respond to that petition. The response, or lack of will determine how the Court rules on the relocation petition.

Overall Best Interest of the Children

Overall, the best interest of the children is always foremost on the agenda of the Florida Court System. Florida does not give preference to either parent when it comes to custody or support, and encourages both parents to take part in raising the children, even though they are divorced.

The Court will always consider outside factors regarding the children, such as who the child has a closer relationship with or work schedules. They will determine who can provide the most care and how to establish a visitation and living arrangement that is best suited for all parties involved.

While the adults in the marriage are going through a very emotional time when they are getting divorced, the children often suffer the most. Adults can forget how traumatizing the divorce is on the children. The Court wants to make sure that they are protected as much as possible during this stressful time.

Contact to an Expert Florida Divorce Attorney for your case to discuss all of your questions and legal issues.

Resource: -

Post has attachment
Did You Know A Parent Can Not Waive Their Child's Right To Child Support? All About Child Support, Here -

Post has attachment
If You & Your Former Spouse Can Agree On Most Topics When It Comes To Your Divorce, Mediation May Be Right For You!

Divorce Tip: Be Aware Of The Financial Implications That May Follow. Assets May Be Affected & You Could Be Ordered To Pay Spousal Support.

Post has attachment
Can Divorce Parties Ease the Pain of Splitting Up?

#Divorce can be a painful process, but it doesn’t carry the same social stigma it did in previous decades. Whereas people used to feel ashamed and embarrassed by their divorce, they are now more inclined to feel a sense of relief when their case is finally finished and their marriage is dissolved.

In fact, some people have even begun throwing “divorce parties” to launch their new lives.

If you’re thinking about ending your marriage, an expert Tampa divorce lawyer can help you take the next steps toward a fresh start.

The Rising Trend of Divorce Parties

Americans spend a staggering amount of money on weddings. According to a CNN Money report, the average U.S. wedding weighs in at more than $31,000.

Now, many people are investing in celebrations for divorce. Although the trend may seem odd at first, individuals who throw these parties say the gatherings are really about celebrating independence and a new beginning.

One therapist says there are several positive things about a divorce party. Some of the reasons for throwing one include:
1. Bringing closure to the marriage
2. Relieving the stress of the divorce process
3. Surrounding yourself with supportive people
4. Thanking friends and family members for standing by you

Divorce parties have become so popular, some people are actually spending thousands to mark their new single status.

A recent BBC report says divorce parties have become a thriving business for party planners who specialize in end-of-marriage celebrations.

People gather with friends to spend the evening at a dance club, go skydiving, or even take aim at their wedding dress.

The #DivorceParty trend may have started in the states, but it has caught on in other countries.

In the Netherlands, for example, one hotel actually combines your stay with the services of a lawyer who can help you reach a divorce settlement agreement with your soon-to-be ex.

The Positive Side of Divorce

Overall, divorce parties seem to be part of a growing tendency toward putting a positive spin on what is traditionally an emotionally wrenching and negative experience.

#CollaborativeDivorce, which allows both parties to work together toward a peaceful resolution and without the cost and hassle of litigation, is already catching on across the U.S.

There are many types of divorce in #Florida, and not all of them require excessive cost or an all-out war with your ex.

Although not all divorcing couples opt for a full-blown party, many others have used “divorce selfies” to bring closure to the divorce process and inform the rest of the world of their decision to end their marriage.

The idea of a divorce selfie has been around for a few years. The Washington Post reports that nearly 35,000 couples have posted selfies with the hashtag: divorceselfie.

According to some of the couples in the story, divorce selfies are a way to celebrate the hard work that went into the marriage, while acknowledging their commitment to separate in a peaceful, productive way.

Couples with children also say they want to let people know that ending their marriage doesn’t mean they intend to stop co-parenting.

Contact to an experienced Tampa divorce lawyer to discuss your case.

Resource : -

Post has attachment
What To Expect When You First Meet With Your Family Law Attorney -

Post has attachment
What Are My Visitation Rights as a Grandparent?

As a #TampaFamilyLawFirm, one of the most common questions we receive is whether grandparents have rights when it comes to seeing their grandchildren.

Florida is home to the highest percentage of seniors in the country, so it’s no surprise that grandparents visitation rights are a prominent issue in our state.

Unfortunately, grandparents in #Florida have very few rights regarding their grandchildren. In fact, most states offer grandparents minimal, if any, rights toward grand-kids.

The presumption in the majority of states, including Florida, is that a child’s parents are in the best position to act in their child’s best interests.

As such, courts are very reluctant to interfere with a parent’s right to make decisions on a child’s behalf.

However, a new grandparents’ rights law took effect on July 1, 2015 in Florida, and the law has been heralded as a promising step toward giving grandparents more legal options when it comes to seeing their grandchildren.

If you are a grandparent with concerns about a grandchild, don’t hesitate to contact a Tampa custody lawyer. Depending on the facts of your case, you may have more rights than you realize.

Florida’s New Grandparents’ Rights Law

Under Florida Statute 752.011, grandparents now have slightly more rights regarding their grand-kids. Since the new law took effect, grandparents can petition the court for court-ordered visitation under the following circumstances:

1. Both of the grandchild’s parents are deceased, in a persistent vegetative state, or can’t be located, or

2. One of the grandchild’s parents is deceased, in a persistent vegetative state, or missing and the other parent has been convicted of a felony or a violent criminal offense involving behavior that poses a threat of harm to the child.

If these criteria sound quite narrow, it’s because they are. Florida courts have consistently ruled that a child’s parents have a legal right to say who is allowed to spend time with their kids, even if it means prohibiting a grandparent from seeing a grandchild.

Sadly, there are plenty of cases of loving, responsible grandparents being cut off from a grandchild by the child’s parent.

Unfortunately, some parents use a child as leverage after divorce, and a parent may prevent an ex or his or her family members from seeing the child unless they comply with the parent’s demands.

This can create a stressful and uncomfortable situation for everyone, including the child.

Divorce Impacts the Entire Family

Families come in all shapes and sizes, and grandparents often play a significant role in a child’s life.

In many cases, families rely on a grandparent to provide child care so the parents can work outside the home. In other cases, a grandparent offers financial support that makes it possible for a grandchild to enjoy a higher standard of living.

Whatever the case, most children benefit greatly from having a well-developed relationship with their extended family members, including grandparents.

#Divorce is a very personal process for the spouses, but it’s also important to recognize its impact on a couple’s children and extended family.

When two spouses separate, it can create a strain on relationships with former in-laws.

In cases where the couple have minor children together, one spouse may be reluctant to allow the child to continue spending time with grandparents and other family members on the ex-spouse’s side of the family.

Family counselors and mental health professionals agree that isolating a child from his or her grandparents and other family members can be harmful.

If you are a grandparent who wishes to see a grandchild, it may be possible to negotiate time-sharing with the child’s parents without resorting to litigation.

Whether you use mediation or another approach, sometimes simply talking through your differences can bring about a positive result for everyone.

A #TampaChildCustodyLawyer can help you explore your options.

Contact to an expert Tampa child custody lawyer at 813-280-5301 to discuss your case.

Resource : -

Post has attachment
Collaborative Divorce Enables You To Settle Your Issues Out Of Court. Check Out All The Benefits Here -
Wait while more posts are being loaded