Family Law courts address separation agreements if parents are not able to reach agreement on issues that coincide with separation, such as parenting time, child support, etc. Florida does not have laws that recognize separation as a legal status, as such.   A couple desiring legal status recognition of their physical separation will use other state laws to define legal solutions.   Child support, parenting visitation, even alimony, etc., can be legally established in a separation agreement even if divorce does not follow. There is little difference as to how divorce and marriage separation work under court orders. Financial support for children is established, assets and liabilities divided, etc., under both divorce and separation. Mediation can also be used to settle separation issues, and agreements presented to the courts by the respective attorneys for review. An experienced Family Law Attorney, like Mellany Marquez-Kelly, can help you navigate the complexities of the legal system in reaching a separation agreement that is fair, and will protect your rights.       What they say about us Before I retained Mellany,  I was getting nowhere with my first lawyer.  My kids were being kept from me,  and every time I went to court,  I would lose.  After I retained Mellany,  we immediately […] read more

With the caring and knowledgeable assistance for which they are well-known, Mellany Marquez-Kelly can make the process of establishing a minor guardianship as streamlined and painless as possible. Securing a safe, secure, and caring home for a minor is a process protected by federal and state statutes. A guardianship is a legal relationship assigned by the court to a person who will make decisions for the minor, considered a ward of the court. The guardian can either be related or unrelated, depending on the circumstances. Typically, the court prefers to grant guardianship to someone related, such as an aunt, uncle, grandparent, or sometimes an older sibling. In any case, the guardian must exude evidence of being able to fully support the minor. The length of guardianship of the minor will need to be established for the proceeds to be finalized. Guardianship can either be granted for an indefinite amount of time or possibly for life if the parental incapacitation is permanent. There are two types of minor guardianships under Florida law. The first, a Guardianship of the Person, is needed when neither parent can provide a safe home and environment for their minor child – often due to alcohol or drug abuse, other serious personal or health […] read more

There is a multitude of reasons the primary parent of a child will have to move to a new location with the child. A job relocation, familial obligations, and a new job entirely are just a few of the common causes of a significant move. When the parents of a child/children are divorced or do not live together, and the primary parent is facing a possible change in residence, what are the procedures and allowances that need to be followed? Florida law is very specific in outlining what a parent can do to relocate a child to an alternate jurisdiction. Relocation, or change of domicile of a child is often petitioned along with determinations of child custody and other parenting determinations, such as visitation. A parent cannot just leave the current home state of the child with said child without legitimate reasoning because the non-custodial parent still has a right to have meaningful contact with the child. If a parent wants to move more than 50 miles from the other parent, he or she must petition the court for permission. Many factors are pertinent to the judge’s decision in granting the relocation, but an effort by one parent to deny parenting time to the other parent by […] read more