West Palm Beach Family Lawyers
Providing Knowledgeable Legal Counsel for Family Law Cases in Palm Beach County
Family law issues are often unexpected. One minute you’re juggling work, a marriage, and taking care of children, and the next you’re being served papers that have the potential to affect your finances and family for years to come. When you’re navigating the Florida family court system, it’s essential to understand the procedures and deadlines as well as how to present your case in the strongest way possible. That’s where our attorneys come in.
At Winthrop Law Offices, we know how difficult and emotionally challenging these situations can be, and our attorneys are dedicated to providing you with the legal guidance and representation you need to make it through. Start the process by calling our office at (561) 209-0410.
When Do You Need a Family Law Attorney?
Many people attempt to handle family law matters on their own without an attorney. In some cases, they may believe that a divorce that starts amicably doesn’t require an attorney. In others, they may think that a family law case only requires filling out a few forms.
The truth is that there is much more to the family court system than paperwork, and what starts as a simple dissolution of marriage can quickly turn into a complex family law case. Anytime you are involved in the legal system, it’s essential to hire an experienced attorney to represent you in court and be your legal advocate.
Having a lawyer is especially important if your case includes:
- Domestic violence
- Custody dispute (now called time-sharing)
- Alimony or child support payments
- Cross-county or cross-state elements
- High-asset divorce or other property distribution cases
- Concerns of hiding or wasting marital assets
At Winthrop Law Offices, our attorneys are well-versed in these areas. Our full-service law firm has a strong track record of success providing legal assistance and support to clients in West Palm Beach, Florida, and the surrounding area.
Is It Possible to Settle a Family Law Matter Outside of Court?
Family law cases are often presented in the media as legal battles that go on for years. While it’s true that very complex or contentious cases may take ongoing litigation to resolve, it’s absolutely possible to settle a family law matter outside of court if the parties are willing to negotiate. This can be done through informal discussions or mediation. Negotiations generally start with the parties’ lawyers having a conversation about their clients’ desired outcome. This can identify the top priorities and any areas of disagreement and give the attorneys a chance to see how far apart the parties are. They can then talk with their clients to determine if it’s possible to negotiate a compromise.
Mediation is a more formal process. It involves meeting with a neutral third-party mediator (sometimes over the course of several meetings). Each party has their own representation, but the goal is to have a conversation about the issues and reach a resolution that works for both parties. The mediator is there to keep the discussion on track and provide an outside perspective. Mediation can often resolve at least some of the issues, minimizing the amount of time needed in court.
At Winthrop Law Offices, we always have your best interests in mind. We’re ready, willing, and able to negotiate a mutually agreeable settlement with the other party to avoid litigation. However, we are just as strong litigators as we are negotiators, and we’re also prepared to argue your case before a judge if out-of-court negotiations are unsuccessful.
What Does the Best Interests of the Children Mean in Child Custody Cases (now called time-sharing cases)?
If you’re involved in a family law case that includes children, you’re going to hear the term “best interests of the child” a lot. This is the legal standard that the Florida courts use to make decisions regarding parental responsibility and time-sharing. It means that the court is most interested in what is best for the child’s well-being and not necessarily what the parents’ preferences are or what they consider “fair.”
When determining what is in the best interests of the child, the court often looks at their physical, emotional, and mental well-being, amongst various other factors.
A judge will consider several factors, including:
- The parents’ ability to provide a safe and stable environment
- The parents’ ability to care for the child and provide a consistent routine
- The parents’ willingness to coparent civilly and facilitate the child’s relationship with the other parent
- Any past safety issues, such as evidence of domestic violence, neglect, or abuse
Presenting your case in a way that shows that it aligns with and supports the best interests of the children involved requires strategy and an understanding of the legal processes involved. It’s not enough to tell the judge that you think spending more time with you is best for their well-being. It must be supported with evidence and testimony. When our attorneys review your case, we’ll talk with you about what a realistic outcome is based on Florida law and the facts of your situation, and what you can do to present the strongest argument possible.
What Happens If Someone Doesn’t Follow a Court Order?
You’ve made it through the family court system, and you’ve received your final judgment in the divorce process or court order for another family law matter. But as you start to move forward with these new guidelines and instructions, the other party isn’t meeting their responsibilities. This is understandably frustrating, but you may have some options depending on the type of order.
For a judgment surrounding property division in a dissolution case, your attorney can potentially file a motion for contempt of court and ask the judge to enforce the order. There is a similar legal process for issues with parental responsibility and time-sharing, such as if the other parent is refusing to return the child at the appointed time. Child support orders may follow a slightly different process of enforcement because, typically in a post-judgment setting, the first step is often to alert the Clerk’s Office of a late payment and then request that the Florida Department of Revenue start enforcement actions.
Before taking any legal action, it’s a good idea to present your situation to an attorney. In general, the court frowns on parents continually bringing what it deems more “minor” issues before the court and expects the parties to be able to engage in conflict resolution on their own when possible. For this reason, it’s crucial to ensure that you have an issue that warrants court intervention. An attorney can also help you prepare the necessary evidence to demonstrate why the issue is essential and why enforcement measures are needed.
Why Should You Work With Winthrop Law Offices?
Family law issues are personal. We’re dealing with your finances, children, and everyday life. At Winthrop Law Offices, we take this responsibility very seriously, and we strive to not only address the immediate issue at hand but also to help you think about how the decisions you’re making today could impact your future. We help you navigate these challenges and ensure you have the legal guidance and support you need during this difficult time.
If you’re looking for a West Palm Beach family law firm to represent you, contact Winthrop Law Offices at 561-912-0040, so we can learn more about your case and you can find out what sets our firm apart. We’re here to help you today.