Family Law

• Divorce
  From time to time we are approached by individuals who claim they wish to be represented in an uncontested divorce. Of these people, only a fraction are truly uncontested (meaning that everything has been resolved and agreed to). Most of the time, these individuals simply are expressing a desire to work amicably through the process with one another. It first must be known that even in cases where an attorney is being hired to essentially draft the parties’ agreement, the attorney can only represent one of the parties. Joint representation is not allowed in family law cases even if the parties agree to waive the conflict (it is an unwaivable conflict).
• Child Support
  Modifications of timesharing can be granted if there has been a substantial change in circumstances which was not anticipated when the prior judgment or parenting plan was either agreed to or ordered. This change in circumstances must be of the nature that would make a change in timesharing necessary for the best interests of the minor children. In older cases, where the agreement or final judgment predates 2008, the modification may lead to the very first time the parties have to attempt to negotiate a detailed parenting plan or ultimately be bound by a Court ordered parenting plan. Depending on the extent of the change, it is possible that child support guidelines will have to be run again based on the change in overnights.
• Child Custody and Visitation
  “Child” means any person who is under the jurisdiction of a state court pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act or is the subject of any order granting to a parent or other person any right to time-sharing, residential care, kinship, or custody, as provided under state law.
• Adoption
  Step-parent adoptions are often the easiest type of adoption procedures. In most cases of adopting a stepchild, the child is familiar with the step-parent and has lived in the care of the step-parent for many months or years. They are accustomed to the step-parent and feel safe and secure in their presence. The adoption process for step-parents requires formal consent from the stepchild’s parent. If the birth parent is unwilling to give the step-parent the consent to adopt, the adoption will be unsuccessful...
• Paternity
  As the numbers of marriages decrease there is an influx of paternity cases. These claims can be brought by the Mother of the child or the putative Father. Until paternity is established, the putative Father has no rights to see his child. That is not to say that denying timesharing to someone you know is the Father will not have adverse consequences in the future.
• Premarital Agreement
  When spouses agree to marry, they are legally bound to each other. For the rest of their lives, they are expected to protect, love, and care for one another. While the concepts of loyalty and love seems pure and everlasting, divorces are becoming far more common everyday. In the event that a divorce becomes necessary, you and your spouse may wish to consider drafting a prenuptial agreement prior to your marriage.
• Guardianship
  Unstable living conditions, improper nutrition, sexual, emotional and physical abuse are all events that may seriously curtail a child’s proper health, growth and development. In such cases, the birth parent’s guardianship may be terminated and the step-parent may be granted full custody of the child.
• Spousal Support
  The new law applies to cases filed OR pending on or after July 1, 2023. It eliminates permanent alimony, shifts the definition of short-term, moderate-term, and long-term marriages, and provides guidance as to amount for durational alimony awards). While there are some points in the law that lend themselves to future litigation and questions of application, for purposes of ease of use it might be best to provide a bullet point explanation of alimony for each of the length of marriages as follows (keep in mind length of marriage is date of marriage until date of filing for dissolution of marriage)...
• Annulment
  Marriage is a sacred union between two people. However, there often times in which illegitimate marriages occur because of a variety of factors. There are many alternatives to divorce, and annulments are a way to void and terminate such illegitimate marriages.
• Child Abuse
  Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

Criminal Law

• Sex Crimes
  Pursuant to Florida Statutes 741.30, anyone who is the victim of domestic violence can petition for a domestic violence injunction. “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another “family or household member.”
• Assault
  Pursuant to Florida Statutes 784.046 victims of repeat violence may petition for an injunction. “Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.
• Kidnapping
  The term “violence” is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.

Health Law

• Personal Injury
  Mediation is a chance for individuals in a dispute to jointly resolve issues as they see fit. Mediation is typically required in both Family Law and Personal Injury cases prior to having a case heard by the Court or a jury. While some may view mediation as simply a hurdle to get before the Court, in truth, mediation is a useful tool for purposes of negotiating and disposing of some or all of the issues in a case. Further, there is no resolution in mediation unless all the parties agree. Unlike having a judge or a jury decide your case, in mediation you are the ultimate judge of whether an agreement will be reached or not.
• Medical Malpractice
  Roy J. Smith, IV, is a Florida Supreme Court Certified Mediator in both Family Law and Circuit Civil disputes with a background in not only Family Law but personal injury, auto-accidents, medical malpractice, and first-party insurance disputes.
• Auto Accidents