FAMILY LAW


Family law encompasses a broad list of legal practice areas and case types, all of which involve family and/or parent child relationships. Some family law issues are often unfortunately sad by nature, like divorce. Others are usually very happy, like adoption. At Kattman & Pinaud, P.A., we have decades of experience handling all types of family law cases, including:


Divorce

Divorce in Florida is known properly as "dissolution of marriage," which is a fancy way of saying the same thing. In Florida, a person can seek a divorce essentially for any reason at all and at any time, and it does not matter whose "fault" it is that a divorce is desired. To grant a divorce, a judge needs only to conclude that the marriage is "irretrievably broken," which is very easy to show. A divorce is different from a legal separation - in a divorce, your marriage ends and you and your spouse separate. In a legal separation, you and your spouse also separate, but you do not officially end your marriage. It is also different from an annulment, which is where the court rules basically that the marriage never existed in the first place. We handle legal separations and annulments as well as divorces and can discuss the pros and cons and availability of all these options with you.

We can represent you in obtaining a divorce, which is a court judgment ending your marriage. Divorce is never enjoyable, but our goal is to work with you every step of the way toward as fair and "painless" resolution of your concerns as possible while avoiding the unnecessary public exposure of private issues. We will help you with all issues involved in your case, such as issues of property and money distribution, temporary support, debt responsibility, child custody, child visitation, parental responsibility, child support, tax issues and alimony or future support. Most times, regardless of how difficult a divorce case might seem at the beginning, the case can be resolved without a need for a trial by informal discussions or at a mediation ordered by the court, which can save you both money and aggravation. Where a full trial is necessary, our attorneys have the skill, experience, resources and expert witnesses where needed to fight aggressively for you. When you case is over, the court may make your spouse reimburse you for part or even all of the attorney's fees you have paid us to represent you and we will assist you fully in obtaining such payment, if you are eligible.

Child Custody, Visitation and Child Support
Our firm recognizes that when parents separate or divorce, one of the more significant decisions that the court will issue concern the disposition of the children from the relationship. As you consider how you and your former spouse or partner will care for your minor children, you should consider the current and future needs of your children, as well as each parent's financial situation and caretaking capacities. You and your former spouse or partner will have to decide how to share parental responsibilities in the following areas:

• where your children will live;
• whether custody of your children will be rotated between you and your former spouse or partner;
• when and how the non-custodial parent will be able to visit the children; and
• how you and your former spouse or partner will make future educational and medical decisions for your children.

As part of a divorce or dissolution proceeding, a court may also order one parent to provide child support payments to the other parent, and can alter that support amount upon either parents' future request.

We represent parents going through a separation or divorce, and will advocate and negotiate on your behalf to secure a fair child custody, visitation, and support arrangement. Every case is different and what you want or need will be different from someone else's case. What never changes, however, is that we will work tirelessly for you to help get you the child custody, visitation and child support that you feel meets your needs and the needs of your children.

Domestic Violence
Domestic violence occurs in all types of relationships, including those between family members, partners, friends or acquaintances living in the same household. Acts of domestic violence may include verbal or physical threats, harassment, bodily injury, sexual assaults or destruction of personal property.

Our firm represents both domestic violence plaintiffs and defendants located in Florida, as well as plaintiffs or defendants in interstate or international domestic violence cases with ties to Florida. We represent both victims of domestic violence and those accused of domestic violence. Our experience representing clients on both sides of these cases provides us with a deep understanding of the issues and strategies involved. Our ultimate objective is to adapt our representation to the unique needs of each of our clients, and to always remain compassionate and professional.

Parental Kidnapping

While child custody laws differ in each state, all states criminalize the abduction of a child by a parent. In many instances, when one parent abducts a child across interstate or international borders, the parents are engaged in custody or visitation discussions or disputes. Abducting parents believe they know what is best for their child more than anyone else. They have difficulty understanding how or why they have to respect the rights of their ex-partner and their child.

Parental kidnapping is a serious matter. We place the highest priority on the welfare of children who have been victimized by interstate and international abductions. Our office has extensive experience in child custody litigation, including in complex jurisdictional issues presented in interstate and international abduction matters. We are committed to protecting your rights and serving the best interests of your children.

If you feel your child may have been kidnapped, or you need legal assistance defending an international kidnapping claim, we'd like to discuss your legal options. Our experience representing clients on both sides of these cases provides us with a deep understanding of the issues and strategies involved.

Paternity
If a mother gives birth to a child at a time when she is not married to the child's father, the law requires paternity to be established before it will recognize an individual as the father of the child. Establishing paternity is the legal process for determining the biological father of the child. Once paternity is established, the child will gain the following rights and benefits, just as a child born to married parents:

• the child will know and have legal proof of the identity of his or her mother and father;
• the child will have the father's name on his or her birth certificate;
• the child will be eligible to receive financial benefits and support from both parents, including child support, medical insurance, x
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Social Security benefits, and inheritance; and
• the child can be informed of medical issues affecting family members, such as inherited health problems.

When paternity is established, both parents have rights to obtain court orders for child support, custody or visitation, and make certain decisions concerning the child's upbringing.

Paternity issues also can arise when there is an allegation that a child born by the wife is not the biological child of the husband. Such issues are sensitive and often emotional, and also often legally complicated, but factually are easy to resolve.

We understand and have great experience with the legal issues at stake in establishing paternity and are ready to help you with your paternity issues in a sensitive and understanding and non-judgmental manner.

Prenuptial Agreements
Some couples sign a prenuptial agreement (which is a fancy name for a contract) before getting married to explicitly list their respective rights and responsibilities during and after the marriage, whether it might end by divorce or death. Whether a prenuptial agreement is appropriate largely depends on the individual circumstances of the persons to be married and every case is different.

While such agreements often can be a good idea, they are very complicated to create due to specific requirements of Florida law, and if not created property are often worthless and unenforceable. You should not attempt to prepare a prenuptial agreement without a lawyer or use a "store bought" fill-in-the-blank form. At Kattman & Pinaud, P.A., we can negotiate, prepare and review prenuptial agreements for you. The firm offers experienced family law representation and can counsel soon-to-be newlyweds in the following areas:

• How to protect their separate property;
• How to determine whether certain property is marital/community property or separate property; and
• How to establish procedures for handling decisions as your financial situation changes.

Adoption
The most enjoyable part of our family law practice is facilitating adoptions of children into a loving family environment. Kattman & Pinaud, P.A. has aided of parents for decades in clearing the way to adopt a child. Our office also helps birth mothers find loving, caring families for their children. For birth mothers, we secure extensive background checks and careful screening of all adoptive parents, taking steps to ensure a birth mother is comfortable with a family. For adopting parents, we help them find children or birth parents in Florida or elsewhere that can give them child who will fit into their family.

We have over 30 years experience in family law and adoption practice. We handle all types of adoption, attending to the needs and rights of birth mothers as well as the adopting couple or single parent. We can help you not only lay the legal groundwork, but we take a comprehensive, "social worker" approach to adoption. Most of our domestic private adoptions are open or semi-open. We introduce the birth mother to the adopting family or vice-versa and provide all parties with access to a network of counselors for help with the unique relationships and feelings created through the adoption process.

In international adoption, we help clients locate reputable international adoption agencies that will assist them to clear consular obstacles with foreign governments, arrange for travel to the country if necessary, and collect available medical records and family history, when possible. When our clients return to Florida with their new family addition, we will help them complete all necessary legal work for recognition of their foreign adoption and/or name change for their new child.

Our office also helps clients in interstate adoptions (a child from a state other than Florida), bringing birth mothers and adoptive couples together to find caring, loving homes for children. Our office has a number of resources to assist birth mothers with living expenses, skills training, medical assistance, and counseling. Since we are interested in finding homes for children where they can flourish, we refuse to act simply as a "placement" agency; rather, we take steps to ensure that the health and well-being of mother and baby are protected.

Finally, we assist in the formal adoption of stepchildren and grandchildren, obtaining consent from the natural parent or initiating termination of rights in cases of abandonment. We are also experienced in Relative Parental Custody actions, such as placement with grandparents or other family members, which often will end up as a family adoption.