Sarasota Family Law Lawyer

What Is Family Law?

Family law addresses a wide array of legal matters, from marriage and divorce to child custody and support. Because these cases often carry significant emotional weight, they demand thoughtful legal guidance to ensure fair, balanced outcomes for everyone involved.

Divorce

Helping Clients in Divorce, either through Settlement or Litigation

I help clients through their divorce as amicably and efficiently as possible. If we can settle the divorce terms outside of court, we save both time and money. I tailor my services to meet your individual needs and goals in every situation. I help clients in Sarasota and Manatee Counties resolve divorce matters. However, not every situation can be easily resolved. I am always ready to to litigate if your circumstances require a courtroom fight. Contentious issues may involve anything from child custody and support, dividing business interests, valuing real estate, dividing assets, establishing alimony, to addressing a parenting plan. As your lawyer, I work with you to achieve the best results for your individual situation. After practicing for 30 years, I know how to focus my services towards meeting your specific legal needs and goals.

Children and Parenting Plans

When determining parenting issues, the court looks at the best interests of the child. Florida favors the idea of sharing time and decision making between parents unless there are extenuating circumstances. When creating a parenting plan, you should have a lawyer’s representation to ensure your rights are not overlooked. The laws in Florida regarding parenting plans and visitation have recently undergone a major overhaul. Hiring an attorney is a good decision when involved in complicated family law issues.

Aspects of a Parenting Plan

The state takes these issues so seriously that you cannot get divorced, or get a final judgment in a case involving minor children, without establishing a parenting plan. When creating a plan, the court establishes:

• Time sharing schedules
• Which parent makes decisions for the child, such as education and health care
• Communication between parents
• Parent-child communication

Child Support

Child Support Factors

When doing child support calculations, the law requires that certain factors be considered.
These include the following:

• Income of both parents
• Time spent with each parent
• Health insurance expense
• Daycare expense
• Number of children

It is possible to deviate from the statutory formula, but this requires a compelling argument, such as extraordinary medical expenses for a special needs child.

Collaborative Family Law

For families wanting to divorce at a lower volume, Collaborative Divorce is an approach that can help both sides reach an agreement that meets their needs, while preserving trust and respect. Collaborative Divorce is a unique process for dissolving a marriage where the two parties, both represented by counsel, pledge to avoid litigation. Instead of fighting over property, child custody, and past hurts in court, the sides agree to sit down for scheduled conferences and find ways to reach solutions for the elements of the divorce in a more respectful way. Working with professional experts that the parties agree upon in the relevant topic areas, like accountants, child psychologists, property appraisers, and others, the parties meet to talk through the specifics of a topic area, such as reaching agreement on a parenting plan, in a way that allows for both sides to communicate openly and honestly, and develop clear, workable, reasonable agreements that each party feels invested in. For many couples, the idea of preserving a healthy, considerate, but changed relationship with an ex-spouse is vital to the continuing parenting relationship they may have, the social circle they may share, and business interests that may remain relevant to both for the rest of their careers. Couples who opt for a Collaborative Approach often report being happier with the final divorce settlement, and have more trust in their former spouse’s commitment to the terms negotiated. The cost savings to both spouses can be significant in a Collaborative Divorce, as well.

Helping You Relocate With Your Children

Parents Relocating With Children

When a parent wants to relocate to another state (or country) with children, the issues can be complicated. Whether you are the parent who wants to relocate or the parent who wants to prevent the children from going, we can help. The law on parental relocation is complex and it is easy to make mistakes if you do not have proper representation. We will take the time to explain your rights, obligations and options.When a parent proposes to move away with children, it can have a significant impact on the lives of all involved, including the children, parents, grandparents and other extended family members. The family court judge must decide whether the proposed move is in the best interests of the children. The judge must consider several specific factors and then make a determination about the move. While relocation disputes can be emotional and often difficult to resolve, we will address the facts of your case and help you to achieve the best possible result under your specific circumstances.

Modification Of Existing Agreements And Court Orders

Your circumstances may change over time. In some cases, if the change is substantial and involuntary, you may have grounds to modify your existing obligations. The most common reason people seek modification is because they can no longer afford to pay their alimony and/or child support obligation. If you have lost your job, been laid off, become disabled or are otherwise unable to meet your current obligation, we may be able to help you to reduce the amount you owe to a more reasonable number based on your new circumstances. Likewise, if one or both of the parties economic circumstances have changed for the better, an upward modification may be possible.

Modifications are not limited to alimony or child support. Custody or timesharing schedules can be modified if circumstances in the other parent’s life have changed and it is in the best interest of the children. Sometimes, alimony can be reduced or eliminated when the spouse receiving alimony moves in with a new person and his/her living expenses decrease as a result of sharing expenses.

Legal Help for Same-Sex Couples

Marriage is finally legal for same sex couples. That means that same sex couples that are married face the same issues traditionally found in divorce proceedings. However, many same sex couples have chosen not to marry and Melinda Delpech can help those couples when dealing with separation issues outside of a formal divorce.

Working with Melinda Delpech

Conclusion

Family law matters can be complex, but you can navigate them confidently with the proper legal support. If you need assistance with a family law case in Sarasota, McNary Law is here to help. Contact us at (941) 345-1662 today to discuss your case and explore your legal options.