Call us at: (904)280-8770
You have come to the right place if you are seeking a law firm with attorneys that care and listen to your concerns.
Contact us for a confidential analysis of your situation. We have the experience to craft a proactive and practical approach to address your needs and protect your rights!
Florida Court System
Florida and Children
Litigation and Mediation
The Florida Court System
(The courts that we deal with)
Florida has a 2-court system patterned after the Federal courts. The Circuit Courts or Trial Courts have their own names and prevail over geographical territories.
For example in our area of practice, the Fourth Judicial Circuit Court presides over Duval, Clay and Nassau Counties. Whereas the Seventh Circuit Court presides over St. Johns, Flagler and Putnam Counties. These courts are both our highest trial court and our lowest appellate court.
County Courts have jurisdiction over matters involving relatively small amounts of money. As established by the Florida Legislature, County Judges hear traffic disputes, citizen disputes, and criminal misdemeanor actions.
The Supreme Court of Florida has seven justices. At least five Justices must participate in every case and at least four must agree to dispose a case. The Supreme Court is housed in Tallahassee, Florida.
The Florida Constitution entitles Floridians to orderly conduct and civil jurisprudence according to Florida Rules of Civil Procedure. These provide a legislative framework that often requires experienced Florida attorneys to navigate its domain. We can advise clients on protections of these entitlements. The Florida Constitution specifically governs and protects civil and legal rights of Floridians.
Also, Florida Law is not static. There are new precedents, rules of law and procedures that can impact a case. For example, in recent years we have seen changes in Tort Reform. This evolution complicates the legal landscape and can confuse issues, processes and procedures.
CHILDREN AND FAMILIES IN FLORIDA
In Florida family matters, the courts establish their discretion at the judicial level and not via a jury system. The judicial system in each county prevails in matters of Family Law and Child Protection and Wellbeing. In most instances the children are not involved directly in the case as the courts desires their protection.
Courts and attorneys do everything possible to help lessen the emotional trauma children face with changes in family status. However, it is very important for spouses to realize that the court has jurisdiction and can determine parental rights - even if the child is physically not present or a resident of another state upon filing.
In Florida parents are required to take a parenting class if you have a child under the age of 18 and this must be completed before the court will enter a final judgment.
Litigation is a formal and complex process in an initial cause of action. It starts with a number of pretrial actions such as: investigation and evidence, initial pleadings, responses to initial pleadings, motion practice, discovery, depositions, and interrogatories, requests for documents, and requests for admissions and physical and mental examinations.
Whereas, Mediation is not a formal legal proceeding and is considered an Alternative Dispute Resolution (ADR). The parties who are involved in mediation will not have a third party adjudicate a resolution. Instead mediation helps the parties work out their own resolution. Either party can choose to ignore the resolution or back out at any time.
We are excellent mediators and can provide an amicable way to resolve many issues without litigation.
Florida Residency Requirements, Evidence and Facts
PARENTAL RIGHTS AND FLORIDA LAW
If you are moving (or contemplating) moving to Florida, it is worth your effort to contact us to understand the legal impacts on your family. For example, residency requirements must have sufficient evidences and facts supplied to the court to support residency. Also, Florida law states that a marriage must be irretrievably broken or has broken covenants or has mental incapacity to sustain the marriage. Preparation of evidence and facts to support a change in venue, such as in a child custody action requires localized jurisdictional expertise.
The 6-Northeast Counties Counties we serve
St. Johns County