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February 2017 Archives

Legal Marijuana and Potential Consequences

This morning I was in Broward County court arguing what seems like the first motion to allow for the use of medicinal marijuana for a defendant on felony probation. It has been long established that a positive test for THC will lead to a violation of probation as well as possible prison/ jail time. While researching the issue, I found that there are certain enumerated reasons under which a person may qualify for a "prescription" or a medicinal marijuana card that would legally allow them to use marijuana in the State of Florida.

Contested adoption cases are family law challenges

Few child custody matters in Florida courts are more fraught with emotion than those in which an adoption is being contested. In these cases, both sides have a strong position, yet one side will walk away devastated. For the children at the center of these family law struggles, the outcome is often difficult to accept, no matter which way the court rules. One such case is currently underway, and two families are awaiting the ruling that will change the course of their lives.

New study could assist in Florida family law cases

In most Florida child custody cases, the parties are spouses who have been together for years and have decided to end their union. Not every case, however, fits this mold. There are some family law cases that involve parents who either never had any intention of living together as a family, or those who learned very quickly that their relationship was not going to go the distance. In such cases, matters of child custody still need to be addressed, even if divorce is not part of the equation.

One state could pass a law that limits grounds for divorce

Faced with an untenable marriage, most Florida spouses are relieved to know that they are able to bring their marriage to an end with relatively few obstacles. Florida is a "no-fault" divorce state, which means that couples who agree to end their marriage do not need to place the blame for the divorce on one party or the other. Another state, however, is considering putting an end to no-fault divorce, through the elimination of "incompatibility" as a criteria for ending a marriage.

This is a divorce cost that often goes unnoticed

Most Florida spouses are aware that property division will take center stage as they bring their marriage to a close. Issues surrounding the division of marital wealth are important, as the outcome of this process will have a lasting impact on both spouses' financial stability for many years after a divorce. It is important to be aware, however, of some of the less obvious costs associated with property division.

Is there a cradle in your future?

Perhaps you never imagined the range of emotions you felt when you heard that you were going to be a father. The joy and excitement may have been tempered by the concern that the mother of the child may not be eager to allow you to participate in the child's life as fully as you would like. Maybe you aren't even sure what rights you have as an unmarried father.

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The Law Office of Gustavo E. Frances, P.A.
200 S.E. 6th Street, Suite 402
Fort Lauderdale, FL 33301-3424

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