Marquez-Kelly Law

Co-parenting is a process where the father and the mother  of a  child/children  agree to work together for a common goal, that is, to raise the child. Though their marriage is already severed- example they  have already divorced and do not live together anymore, they can still enter into an agreement for co-parenting and this is basically the sharing of legal and physical custody of the child.    As a fundamental concept, co-parenting is a method of sharing particular duties and obligation to raise a child. It may include responsibilities that are inherent for being a parent.   Somehow people are confused about the difference between co-parenting and joint custody. To provide you an overview, joint custody legal allows a parent to have full control over the custody to the child per the agreement executed and the other parent may only have the opportunity to observe a visitation right. However, whatever the case may be, the decision making may...

Marriage is the commitment of two (2) people who decided to spend their lives together to establish their family.   Accordingly, married couples have been shown to stay together longer than those who are not married and more likely to bond for life due to the obligatory implication of their marriage oath. Marriage is usually related to the stability of the families that may produce more confident children and a stable society with fewer social problems.   Based on the study, people who get married are those who enjoy financial stability and a healthier body. That during their marriage life, they still carry out the mindset to raise their family anchored to the attribute of love. On the contrary, people who have more stress in life do not enter into marriage to avoid more stressors in life.   However, marriages that are not fastened to love are most likely to fail. That is the main reason why people get divorced. A concrete example is where marriage is underta...

Marriage by its nature is sacred because this is considered as the life long engagement. In fact, this is the foundation of a legitimate family. However, marriages are likewise subjected to failure due to various reasons. In Fort Myers, Florida the number one reason for divorce usually based on the following: 1. Wrong expectation 2. Insufficient communication  3. Money A wrong expectation is usually a normal phenomenon because people changed along the way in a destructive way. This may cause boredom or sometimes over familiarization of the spouse’s sentiments that to effect, undermine respect and divorce will most likely take place as a remedy of the couple to address the problem.  Moreover, when spouses get separated due to reassignment of work and other similar reasons, a spouse may fall out of love and may fall in love with somebody else. As a result of this situation, the marriage of the spouses will, later on, be severed. Further, people are sensit...

Marriage is a sacred and legal union of a man and woman to establish their family.  Married  life is the most satisfying engagement  a  couple  may experience. To sustain the  marriage is  difficult due to the failure of the couple to settle their differences.    The worse resolution to end the burden of an unhappy marriage is to file a divorce. This court action has the sole purpose of ending the legal and religious obligations of the spouses. To effect, the properties of the couple that includes both the real and personal properties will rightfully be divided.    The above undertaking has the worst legal and paternal effects on the custody of the children. Florida law always protects the rights of the spouses but foremost the rights of the children.    Legal and beneficial remedies may be invoked by the parties during the legal custody case but the court will surely decide to the best interest of the childre...

The custody of a child depends on the status of the parents, whether they are married or not. In the state of Florida, it is assumed that at the birth of a child, if the mother is married, then the father of the child is the husband even without  court order paternity acknowledgement . This means that if the parents are married and there is no court order for the custody of the child, then the parents both have the equal rights for the custody of the child.  However, if the married couple cannot agree on where the child will live, they may file for divorce or a custody action to get a court order on the custody. And if the parents of the child are divorced, custody of the child should be stated in the divorce order. The most recent court order on custody is the one that should be followed.  In the event that the parents are not married,   paternity   can be established as soon as the child is born in the hospital. Paternity or  court order pat...

Marriage is a serious undertaking and everyone who gets involved should basically unjust to a new lifestyle and role in life. It is simply the voluntary declaration of the union of a man and woman, who are both in legal ages, to spend their lives together in the presence of a solemnizing officer.    Married life is somewhat a little complicated but manageable. Surprisingly, marriage has its benefits such as:   ·         A spouse will automatically become rich when his/her spouse is rich; ·         A spouse may avail the benefit of the other spouse’s health insurance; ·         A spouse may definitely avail of a better tax benefit; ·         Married couples may prevent depression.   Meaning, there are lots of reasons why people should consider getting married, right?    However, people also have this complicated mindset where some couple...

 A father is a person who is married/not married to a woman who then conceived and delivered a child. The father has rights to decide about his child’s welfare especially if he is both the biological and the legal Father. When it comes to legal implications regarding support of the child, legal paternity must be established. To be a legal father is far more than being the biological father of the child. A legal father can be established by marriage, adoption, legitimization or court order. As it should be that the biological father and the legal father are one and the same, there are many cases that the legal father is not the biological father of the child. A man can be a legal father regardless of who the biological father is when he decides to marry a woman before he gives birth. Same as if he marries a woman after the birth of the child, he can establish his legal paternity by processing a legitimization paper for the child. Once a paternity is established it i...

In simple terms, marriage is the union of two (2) adult people, usually a man and a woman, who promised themselves to be with each other for life bonded by a promise that they will hurdle the hardship in life together. It is not just a physical union but it also involved a spiritual and emotional bond. This union is the beginning of a lifelong commitment to make each other’s life happy and to provide a meaning for their lives. This commitment entails dedication to take good care of each other. It is a serious commitment that has the legal implication to the ownership and acquisition of the present and future properties of the couple, respectively. This union is the beginning of a lifelong commitment to making each other happy by creating a valuable moment in their lives. This commitment requires devotion to love one another to the end of their lives. However, with the advent of modern social standards, same-sex marriage was accepted by the community and the couples could b...

Under Florida law, guardianship pertains to the management of the affairs of someone unable to manage his or her affairs. Customarily, a court orders guardianship on behalf of someone who is called a "ward" of the court. A guardian then assumes the rights of the ward to make decisions about many aspects of the ward's everyday life. A guardian is obligated by ethical and statutory rules to make decisions in the ward's greatest interest. This involves the exercise of the legal rights of an incapacitated person, minor, voluntary wards, or developmentally disabled individuals. A guardian, therefore, is the surrogate decision-maker appointed by the court to make either personal and/or financial decisions afore-cited individuals. It can be an individual or institution, such as a bank, appointed by the court to guard over the person only, property only, or both person and property. A ward, on the other hand, is the subject of the guardianship. Florida law demands the cou...

The parents have the legal obligation to provide support to their children even if the parents are divorced because the well-being of the child is their utmost obligation.  The determination of the fair payment of money for the child support claim is in accordance with the Florida child support guidelines and the Florida Department of Revenue, on the other hand, supervises the Child Support Enforcement Program. The enforcement of the child support claim is basically imposed until the child’s 18th birthday, provided, the latter has already completed his high school education and not in any way incapacitated.  In the event that the non-custodial parent deliberately refuses to pay after the State has already taken the appropriate measures, the court may hold the defendant in contempt. In such a case, the non-custodial parent may suffer imprisonment until the child support amount is paid.  The court may also suspend the non-custodial parent’s Driver’s ...