Blog2019-04-02T14:58:35+00:00

What Happens If Your Ex Doesn’t Follow The Custody Order?

There are many things that can cause a custody agreement to be broken. Sometimes, it’s a natural progression from changing circumstances that calls for a change in the agreement to be necessary. And sometimes, unfortunately, it's done with malicious intent. If your ex-spouse is not properly following the guidelines set out in your existing parenting plan, there may be a few options available for you to address these issues. Working [...]

How Moving Out During Your Divorce Could Hurt You

Many people unknowingly hurt their own family law cases by leaving their family home before they should One of the most common and harmful mistakes we see a spouse, especially men, make during a divorce is voluntarily moving out of the family home before the divorce is finalized. There are many reasons why leaving the marital home before you are required to can be a big mistake in your divorce process. [...]

What You Need To Know About Florida’s Reckless Driving Laws

Florida drivers charged with reckless driving charges could face serious consequences   While most drivers don’t ever intend to be involved in an automobile accident, sometimes a driver’s acts so recklessly while driving that they should have known or expected their actions would cause a car accident to occur. Because reckless driving is a serious matter that puts both the driver, any of their passengers, and any one else on [...]

What You Need To Know About Postnuptial Agreements In Florida

Understanding postnuptial agreements and how the state of Florida approaches them   Usually when a couple gets married, they are not expecting to separate later on in the future. However, unfortunately, too many divorces do end in divorce. In the US, the national divorce rate for first marriages is 50% and it doesn’t improve from there with 67% of second marriages and 74% of third marriages ending in divorce. While [...]

What Happens If A Minor Is Caught Drinking And Driving In Florida?

The State of Florida has strict laws that carry heavy consequences for minors caught driving under the influence Any time someone is accused of driving under the influence of drugs or alcohol in the State of Florida, it is handled as a very serious offense because of the immediate danger such an act puts on the person who was driving, any passengers, and everyone else who is out on [...]

If Your Spouse Has A History Of Domestic Violence Do You Have To Share Custody?

How domestic violence affects Florida’s best interest of the child approach to shared parental responsibility and time-sharing   Abuse that takes place within the family is a critical challenge when it comes to divorce and child custody cases, and the state of Florida legally approaches such violence with the care it needs for such a serious problem. Divorce and child custody cases are difficult even when families are not dealing [...]

Mistakes That People Frequently Make In A Divorce And How To Prevent Them

Due to the fact that divorce proceedings generally tend to be complex proceedings, it’s unfortunately quite common for one, if not both parties, to make a few mistakes throughout the divorce proceedings at one point or another. Additionally, a few of the mistakes that are made in divorce proceedings seem to occur far more often than others. Having the guidance of a skilled family law attorney with the necessary knowledge [...]

The Impact A Defendant’s Cognitive Thoughts Has On Their Guilt In A Criminal Act

What causes an act to be considered a crime? For many cases, the defendant’s intentions are what make their actions a crime. The intention of an individual to commit a crime, or the knowledge that their action or lack thereof will likely result in a crime being committed – also known as “mens rea” – is a necessary element in many crimes. Mens rea is a Latin word with the [...]

Can I Reduce My Felony Charge To A Misdemeanor?

If a person is convicted of a felony charge, he or she must have committed a grievous crime under criminal law. Felonies can be categorized into crimes such as – Larceny, Murder, Burglary or theft, Manslaughter or unintentional killing, Animal slaughter or cruelty against animals, Cases of arson, Vehicular homicide, etc. Felonies fall under both violent and non-violent acts of crime and the accused is subjected to pay fines, as [...]

Everything To Know About A Chapter 7 Bankruptcy

When it comes to chapter 7 bankruptcy, you may be able to cancel all or several of your debts. Additionally, the trustee may choose to liquidate some of the property you own to pay back your creditors before discharging the rest. This level of bankruptcy is commonly referred to as Chapter 7 bankruptcy because you can find the law regarding filing and qualifying in Chapter 7 of the federal [...]

Should I Hire A Criminal Defense Attorney?

Representing Yourself vs. Hiring A Tampa Criminal Defense Lawyer You have the right to represent yourself in the courtroom for any type of criminal case if you do not want a lawyer to represent you. As a matter of fact, the court even allows the accused, or the defendant, to represent himself or herself in very serious criminal cases. But do you reckon that it is the right thing [...]

What You Should Know Before Filing For Divorce In Florida

Are you planning to get a divorce with your partner in Florida? If so, you need to be aware of the process before consulting a lawyer. Doing a research will save you a substantial money and time in the long run. Taxes It is crucial to consider how a divorce for a Florida resident will modify your taxes. Dependence deductions for kids, taxability of alimony payments, and property transfers might [...]

When Can You Modify A Time-Sharing Agreement?

As children grow, their interests, goals, desires, and needs change as well — the child’s relationship with their parents can change, too. On the reverse side, a parent’s ability to adhere to the current time-sharing plan may no longer be possible – either due to an illness, job change, or relocation. The original Parenting Plan, Time-Sharing Agreement, or Custody Order may no longer be relevant or may not address new [...]

Felon Voting Rights Restored January 8, 2019

Surprising changes were made in Florida during last years elections (2018 ballot) – Amendment 4 was passed and goes into effect January 8, 2019. Amendment 4 restores the voting rights to all felons (except those convicted of murder or sex crimes) who have completed all conditions of their sentencing, such as probation or restitution. Starting January 8th, prior convicted felons are eligible to submit their application for voter registration [...]

Will My Misdemeanor Charge Affect My Employment?

According to the report by National Institute of Justice, 1/3 of all Americans who are under 23 years old have been arrested. Most have misdemeanor sentences on the criminal records. Such records can be detrimental to their employment prospects; however, they don’t need to be. Although misdemeanor convictions aren’t as grave as felony convictions, a misdemeanor of the record can obstruct a person’s job search. Therefore, you should understand [...]

Impact Of A Violent Crime Conviction In Florida

In a recent research, Florida has witnessed a 40 percent decrease in violent crimes in the past few years. The data reveals that in the year, 1996, there were approximately 147,425 violent crimes reported in Florida. However, the data of the year 2016, shows that those numbers have dropped drastically to around 88,000. Now, while this might come as the light of hope for all the citizens, it is [...]

Can Time Sharing Be Denied If Child Support Not Paid?

Are you currently on the separation or divorce stage with your spouse and now you are concerned with the child custody or child support in Florida? On a certain degree, it makes sense that such issues would be connected. Normally, you’re dealing with the same offspring, same parents and the same court ordered a parenting plan. Thus, it only makes sense that individuals co-blend the two. Unluckily, Florida thinks [...]

Things Your Child Custody Lawyer Needs To Know

Whether you are facing a divorce or a custody issue, determining the rules of child custody is an important yet emotionally charged issue parents have to go through. It is beneficial to prepare for your consultation with your divorce attorney in advance to ensure you have all of the information that your child custody lawyer will need. Here are some of the more common questions you can expect from [...]

Can I Appeal A Probation Violation Sentence?

People who are placed in the extended supervision often have to deal with confusing procedures and rules that make it hard for them to complete the terms of probation. The probation can be revoked if the probation officer notices any kind of violation of his/her probationer. The revocation of probation can be appealed by the probationer; however, in order to preserve their rights, it is important for the probationer [...]

What To Expect In A Chapter 13 Bankruptcy

For some, the last stop on the highway to financial ruin is the bankruptcy court. But when looked at in another perspective, bankruptcy isn't the final nail in the proverbial coffin, and chapter 13 of the federal bankruptcy code gives a sort of reprieve. How Chapter 13 Works Chapter 13 Bankruptcy gives the opportunity to borrowers repay all or part of their debts under a more manageable repayment plan. [...]

What Happens To Alimony And Child Support During Bankruptcy

​​One of the most significant contributors to a failing relationship is a financial hardship. Most people always want to know what would happen to their alimony and child support payment if they were to file for bankruptcy. While it may seem like an escape, in theory, the reality is that nothing will change. Yes, the act of filing for bankruptcy will protect you from unsecured creditors like personal loan [...]

Filing For Divorce And Bankruptcy

Going through a divorce wile simultaneously needing the financial reprieve that can follow a bankruptcy can compound the loss, anger, and frustration you are already feeling. McGinn Law is uniquely capable of providing your assistance for your specific situation. Many of our cases are either family law or bankruptcy – so we can help you from all fronts of your divorce and bankruptcy. We can help you determine which [...]

Overview of Child Custody in Florida

Over a decade ago, Florida made changes in how it approached child custody and divorcing parents that came through the court system. Legal terms such as "custody", "visitation", "primary residential parent" and "secondary residential parent" ar enot longer in use and have been replaced by shared parental responsibility, time sharing, and parenting plans. Too often Florida corts were seeing parents competing against one another in the attempt to be [...]

Cаn I Rеfuѕе A Field Sоbriеtу Tеѕt In Florida

Getting pulled over can make anyone nervous, even if they did not do anything – its just something in those lights that get our hearts pumping and our nerves on edge. So when the officer who is pulling you over starts asking if you’ve had anything to drink and if you would step out of the vehicle to take part in a few field sobriety tests, what should you [...]