Law Offices of J. Anthony Franco, PLLC Law Offices of J. Anthony Franco, PLLC 2026-03-27T23:18:38Z https://www.francofamilylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1503986/2024/03/cropped-site-icon_favicon-32x32.png On Behalf of Law Offices of J. Anthony Franco, PLLC <![CDATA[How to avoid costly divorce mistakes that can derail your future]]> https://www.francofamilylaw.com/?p=47025 2025-06-02T20:08:10Z 2025-06-02T20:08:10Z Seven mistakes with long-term consequences Many people make similar errors during divorce proceedings that end up costing them significantly. Being aware of these potential missteps can help you avoid them:
  • Acting on emotion rather than logic: Anger and hurt feelings can drive poor decisions that have lasting consequences
  • Misunderstanding property division laws: Florida's equitable distribution rules might work differently than you expect
  • Relying on invalid agreements: Not all prenuptial or postnuptial agreements hold up in court
  • Oversharing on social media: Posts about your ex, new relationships or spending habits can be used against you
  • Failing to consider tax implications: Property transfers, alimony and other financial arrangements may have serious tax consequences
  • Putting children in the middle: Using kids as messengers or speaking negatively about your ex damages their well-being
  • Trying to handle everything without legal guidance: Complex legal processes require professional guidance
Before making any major decisions on your own, consider consulting with a skilled divorce attorney who can explain how these issues might affect your specific situation and protect your interests.

What you should focus on during a divorce

While avoiding mistakes is important, actively focusing on specific priorities helps ensure better outcomes. Your attention during this process should center on what truly matters, including:
  • Your children's emotional health: Maintain stability and reassurance during this transition
  • Financial documentation: Gather complete records of assets, debts and income
  • Future budget planning: Understand what your post-divorce finances will realistically look like
  • Self-care and emotional support: Seek counseling or support groups to process your feelings
  • Reasonable expectations: Understand what outcomes are legally possible in your situation
It’s crucial to take time to address these areas in depth. Remember that divorce is both a legal and emotional process requiring serious attention to both aspects. Working with an experienced divorce lawyer who understands Florida family law can help you avoid costly mistakes and move forward thoughtfully and confidently.]]> On Behalf of Law Offices of J. Anthony Franco, PLLC <![CDATA[Can a child choose which parent has primary custody?]]> https://www.francofamilylaw.com/?p=47024 2025-03-28T00:39:04Z 2025-03-28T00:39:04Z Children's preferences provide guidance Parents have authority over children in part because young people struggle to consider the long-term implications of their choices. Parents sometimes have to make decisions that their children disapprove of, such as requiring that they receive immunizations or forcing them to continue going to school. Even the most mature teenager is unlikely to consistently consider the long-term implications of their decisions. Parents have the authority to make decisions about children's daily lives and upbringing to ensure that those choices reflect what is best for the children. That authority persists in a shared custody arrangement, although the parents may have to reach mutual agreements. When judges have to decide how to allocate time-sharing rights and establish the primary residence for the children, they look at many different factors. Typically, their goal is always to act in the best interests of the children. They may consider a child's preferences if they are mature enough to express themselves and provide a well-reasoned explanation for their wishes. Children as young as 12 can sometimes influence the allocation of time-sharing in a contested Florida custody case. That being said, children do not have the final say in custody matters. Judges may decide to deviate from the child's preferences if they believe that doing so is in a child's best interests. They are also likely to extend plenty of time-sharing to the other parent regardless of which residence is the primary residence for the children in the family. Even parents going through a difficult time in their relationships with their children can secure liberal amounts of time-sharing. Learning more about the factors that govern major child custody decisions can help parents advocate for themselves and their kids during a divorce.]]> On Behalf of Law Offices of J. Anthony Franco, PLLC <![CDATA[Crafting co-parenting expectations for the summer]]> https://www.francofamilylaw.com/?p=47023 2025-03-06T03:53:27Z 2025-03-06T03:53:27Z Although most kids across the country haven’t even had the chance to enjoy Spring Break yet, it’s time for co-parents to start talking about summer vacation. During the summer, most parents who share custody must navigate a shift in schedules, routines and expectations. While the school year generally provides a fairly structured framework for custody arrangements, summer allows for a relative degree of flexibility—and with it, potential challenges.  March is an ideal time to begin discussions about summer plans. Waiting until late spring or early summer can lead to last-minute conflicts, making it harder to accommodate vacations, camps and other activities. Open communication now can allow both parents to express their expectations and work toward a mutually beneficial plan.

Creating a summer schedule

A clear summer schedule can help to set expectations for both parents and children alike. Key considerations may include:
  • Vacation Planning: If either parent is planning a trip, they should notify the other parent as soon as possible. Providing details about travel dates, destinations and accommodations can help to build trust and allow for arrangements to be made in advance, which can save money and minimize a risk of conflicts.
  • Camps and Extracurriculars: Many children participate in summer camps, sports leagues or other activities. Parents should discuss registration deadlines, transportation logistics and costs now to better ensure that both parties are in agreement about how the summer should unfold in this regard. 
  • Special Events: Summer often inspires family gatherings, holiday parties and other celebrations. Notifying each other in advance of any special requests can make it easier for co-parents to coordinate schedules.
Each of these concerns can be costly. Parents, therefore,  should strongly consider discussing how to divide costs related to camps, travel and extracurriculars now so that everyone can plan and prepare accordingly.

Moving forward 

While a structured plan is important, a reasonable degree of flexibility is arguably equally important. Unforeseen circumstances—such as weather changes, last-minute opportunities or a child’s evolving interests—may require adjustments. Approaching discussions with a willingness to compromise can generally help to prevent tension.  Ideally, summer should be a time for children to create lasting memories, not a source of stress. Proactive planning, clear communication and a child-centered approach can help parents navigate the season smoothly. By setting expectations early, parents can focus on making summer enjoyable and meaningful for everyone. ]]> On Behalf of Law Offices of J. Anthony Franco, PLLC <![CDATA[When can a co-parent ask for more time with their children?]]> https://www.francofamilylaw.com/?p=47010 2025-02-02T20:49:18Z 2025-02-02T20:49:18Z 1. When they agree with the other parent The easiest way to obtain more time sharing is through communication with the other parent. They may appreciate the respite they receive or may simply want to do what is best for their children, including fostering a healthy relationship with the other parent. Provided that parents agree on the specific adjustments they want to make, they can pursue an uncontested modification of parenting time that increases the time-sharing allocated to one adult.

2. When they stabilize their situation

Instability during or immediately after a divorce or breakup is common. People may struggle to find housing. They might lose their jobs due to the emotional reactions they have or other issues related to their divorce. When a parent has successfully addressed the issues that prevented them from fully asserting their parental rights, they can potentially ask the courts to reconsider the situation and increase their parenting time. The courts want to establish time-sharing terms that are in the best interests of the children. Maintaining a strong bond with both parents is often the best possible outcome.

3. When they have addressed sources of concern

There are numerous personal challenges that may leave the courts concerned about a parent's ability to care for their children appropriately. A history of domestic violence or mental health challenges could raise concerns about a parent's capabilities. A recent history of substance abuse could also influence what the courts believe is appropriate for the family. If a parent has attended parenting courses, substance abuse counseling or anger management, the completion of that treatment could convince the courts that they are in a better position to meet the needs of their children going forward. Recognizing when a situation has improved enough to justify a formal custody modification may help parents increase how much time they get to spend with their children. Parents who demonstrate a commitment to self-improvement and a desire to show up for their children may be able to influence what the courts believe might be best for their children.]]> On Behalf of Law Offices of J. Anthony Franco, PLLC <![CDATA[The biggest risk when dividing debt as part of a divorce]]> https://www.francofamilylaw.com/?p=47009 2025-01-03T04:18:52Z 2025-01-03T04:18:52Z Family court orders aren't a panacea People frequently assume they don't have to worry about financial responsibilities allocated to their spouses during divorce. If a judge orders one spouse to pay a child's medical debts or household credit card balances, it is natural to assume that the person subject to that order should follow through. Especially when there was a court order making their financial obligations clear, the other spouse may trust that they should fulfill their responsibilities. Unfortunately, the family court order only allocates responsibility. It does not necessarily terminate the financial responsibilities of the other spouse. Particularly in scenarios where the spouses co-signed for the debt, such as when they opened a joint credit card account, the other spouse could still be liable for the debt in the future. If the spouse ordered to pay the debt defaults, dies or files for personal bankruptcy, creditors could take action against the other spouse. While it may be possible to hold the spouse ordered to pay accountable for violating a family court order by going back to family court, the civil courts are unlikely to absolve someone of their financial obligations simply because of a property division decree. People have to protect themselves from the possibility of future financial abuse. Some people prefer to assume debt from the marriage on their own because they know that they can make payments on it and can then secure more of the marital estate as well. Others may try to use marital assets to pay off those debts during the divorce so that there aren't concerns about defaults in the future. Reviewing household finances carefully can help people determine what issues may complicate property division proceedings in an upcoming divorce. Paying close attention to debts in addition to property can help people avoid financial setbacks and legal complications in the future.]]> On Behalf of Law Offices of J. Anthony Franco, PLLC <![CDATA[3 important issues to address in a parenting plan]]> https://www.francofamilylaw.com/?p=47008 2024-12-05T03:59:02Z 2024-12-05T03:59:02Z 1. The division of parenting time Time-sharing arrangements are often a very emotional matter for parents to discuss. It is common for both parents to want as much time as possible with the children. Parents have to negotiate a reasonable overall division of parenting time. They also need clear rules for dividing special events like holidays and birthdays, as well as extracurricular activities. Parents may need to spend quite some time negotiating to arrive at time-sharing arrangements that work well for the entire family.

2. The allocation of decision-making authority

Parents don't just spend time with their children. They also have the authority to make decisions about their lives. Parents must share that legal authority in most cases involving shared custody. Parents often need to negotiate specific rules for when they must consult one another prior to making decisions. They may also need to address what happens if they reach an impasse regarding key decisions related to a child's upbringing.

3. The rules for communication

There are typically two types of communication that adults need to address in a parenting plan. The first is how the parents communicate with one another. The second is how they can communicate with the children when they are with the other parent. Many parents implement rules that require written communication, possibly facilitated by a co-parenting app. Such standards help prevent routine parenting conversations from turning into protracted disputes. The communication systems the parents use to interact with the children can be different depending on the distance between the houses, the overall breakdown of parenting time and even the age of the children. Having clear rules in place is important to ensure the maintenance of both parental relationships. Communication rules can also help limit conflict between parents. Integrating the right terms into a parenting plan can help families more effectively navigate shared parental rights and responsibilities. Parents may need help negotiating with one another or preparing for court if they are unable to reach amicable decisions regarding important parenting matters.]]> On Behalf of Law Offices of J. Anthony Franco, PLLC <![CDATA[How divorcing couples can address “the marital home”]]> https://www.francofamilylaw.com/?p=47007 2024-11-02T21:19:35Z 2024-11-02T21:19:35Z Spouses usually split their home equity Most married couples share ownership of their homes. Even if only one spouse has their name on the title, the use of marital income to pay the mortgage and maintain the property often makes it a marital asset. In some cases, one spouse stays in the home while the other finds a new place to live. Other times, spouses may agree to sell the home. In either scenario, they typically need to reach an arrangement that allows them to fairly and reasonably divide the equity that they have accumulated in the property. They can achieve that by refinancing the mortgage and withdrawing equity. However, doing so is not always realistic depending on the principal balance owed and the income of the spouse staying in the home. Sometimes, it is necessary to use other resources to balance out the value of home equity when people divorce. Marital debts can also play a role in that process. Spouses don't necessarily have to achieve a 50/50 split of their assets provided that the outcome of the property division process is fair. They have the option of reaching their own agreement, and if they cannot, then a judge can apply state statutes to their home and their other resources. In certain, rare situations, spouses sometimes agree to continue joint ownership of their marital home. They may do that to wait for the market to improve, to allow their children to remain in the same school district or to finish repairs on the property. Such arrangements typically require thorough written agreements to protect the interests of both spouses. Having appropriate expectations for property division matters can help people prepare for an upcoming divorce. Those who are able to set aside their emotions and focus on their long-term financial recovery can often achieve terms that truly work for them, given their current circumstances.]]> On Behalf of Law Offices of J. Anthony Franco, PLLC <![CDATA[How does remarriage impact child custody and support agreements?]]> https://www.francofamilylaw.com/?p=47006 2024-10-01T17:17:40Z 2024-10-01T17:16:13Z Remarriage can mark an exciting time in a parent's life, but it can also mean tremendous change for kids and court orders from previous relationships. If you're a parent in Florida, understanding how remarriage affects child custody and support agreements is crucial for ensuring smooth transitions for everyone involved.

How remarriage shakes things up

When one or both parents remarry, existing child custody and support agreements might need adjustments. Some specific elements to address include:
  • Child support payments: A new spouse's income generally does not directly affect child support calculations. However, if the remarried parent experiences a dramatic increase in household income, it may impact the parent's financial capabilities, potentially leading to changes in child support payments.
  • Adjustments to time-sharing schedules: Remarriage might require changes to the existing time-sharing schedule. New family dynamics, including step-siblings and a step-parent, can mean visitation and custody schedule adjustments to accommodate the needs of all children involved.
  • Parenting logistics: Remarriage can mean relocation, new family structures and potentially even career changes for a parent. These situational shifts affect expectations and responsibilities.
It is essential to address these potential changes with legal guidance to avoid future conflicts and ensure that any changes you make are enforceable and in the best interests of you and your child.

Making this transition easier for everyone

Change can be tough, but there are ways to make it easier on everyone involved. Consider these tips:
  • Talk openly and honestly with your ex about changes in schedules and finances.
  • Put your children's needs first.
  • Consider mediation to work out new arrangements.
  • Be flexible and willing to compromise for the benefit of your children.
Before making any major changes, be sure to review your current custody and support orders. You may need to seek a modification through the court system if you and your former spouse cannot agree on changes. Anticipating these potential conflicts and taking steps to resolve them early can help create a smoother transition for everyone. Above all, however, keeping your child's best interests at the forefront is the most critical aspect of adjusting to new situations.]]> On Behalf of Law Offices of J. Anthony Franco, PLLC <![CDATA[How can one spouse prove that the other has hidden marital assets?]]> https://www.francofamilylaw.com/?p=47004 2024-10-01T10:09:23Z 2024-10-01T10:09:23Z Financial discovery helps uncover resources During divorce litigation, both spouses usually have an obligation to provide financial disclosures to one another. Some spouses attempt to sidestep this requirement by settling property division matters before going to court. Uncontested property division settlements may not be the best solution for those who suspect hidden assets. Instead, they need to make use of the discovery process. They can request an inventory of assets and other financial records from their spouse. In some cases, spouses and their lawyers can find warning signs of potential financial misconduct when reviewing those disclosures.

Support from specialists may be necessary

Some types of hidden assets are harder to track than others. Maybe one spouse consistently requested $100 in cash back every time they bought weekly groceries with a debit card for the last four years. They could have a substantial stash of cash on hand that they may not disclose to their spouse or the courts. Perhaps one spouse diverted a portion of their paycheck before the funds hit the joint account. People don't always know what their spouses earn or what property they have accumulated with marital assets. Forensic accountants can help go over financial records to track income, uncover financial discrepancies and highlight concerning conduct that may indicate there are hidden assets not disclosed to the courts as required by the law. Only those who find and quantify hidden assets can request their fair share of those resources when they divorce. Bringing in the right assistance and being thorough about financial evaluations can help people obtain a fair property division decree in a Florida divorce.]]> On Behalf of Law Offices of J. Anthony Franco, PLLC <![CDATA[Securing time-sharing rights by requesting a modification]]> https://www.francofamilylaw.com/?p=47003 2024-09-02T20:29:14Z 2024-09-02T20:29:14Z When is a modification possible? Sometimes, the other parent recognizes how one adult has worked hard to improve their situation. They may be able to cooperate to request an uncontested modification where they set new terms. If there is no such agreement, the parent without time-sharing may need to request a contested modification. The Florida family courts may occasionally agree to revisit custody arrangements in scenarios where there have been significant changes in family circumstances. One parent making a concerted effort to improve their situation may meet that standard. For example, if a parent can prove that they now have a steady stream of income or a safe place to live, a judge may agree with their claim that they can now handle time-sharing responsibilities. Those who may have had substance abuse disorders or a history of instability may have undergone counseling. Parenting classes, medical treatments and other attempts to improve personal circumstances could convince a judge that a parent is now capable of meeting the children's needs. Typically, parents need verifiable evidence of their efforts to improve themselves or their circumstances to convince a judge that a modification is necessary and that it might be in the best interests of their children. The needs of the children rather than the desires of the parents are what guides decision-making related to custody modifications and time-sharing allocations. A parent who has worked hard to be eligible for time-sharing could request a modification of the existing time-sharing order to secure parenting time or increase how much parenting time they are entitled to at present.]]>