In my practice at C. Michael Kelly, P. A., I understand that life changes can sometimes necessitate a relocation, but when children are involved, it can become legally complex and emotionally challenging. That's why I provide dedicated legal representation for relocation matters in Bradenton, Sarasota, and Arcadia, FL. Whether you're seeking to relocate with your child or opposing a proposed relocation, I'm here to guide you through this process with compassion, expertise, and dedication to protecting your family's best interests.
Seeking Relocation:
When a parent wishes to relocate with a child, they must obtain permission from the court if it will impact the current custody or visitation arrangement. I assist parents in seeking approval for relocation by preparing and presenting compelling legal arguments demonstrating the benefits of the move for the child and the reasons for the relocation. I work tirelessly to advocate for my clients' rights and interests, ensuring that their voices are heard in court.
Opposing Relocation:
If you're facing a proposed relocation that you believe is not in the best interests of your child or is in violation of an existing custody or visitation agreement, I provide strong legal representation to oppose the relocation. I will thoroughly review the circumstances surrounding the proposed move and work to build a compelling case demonstrating why relocation would not be in the child's best interests. I will fight to protect your rights as a parent and preserve your relationship with your child.
Navigating the Legal Process:
Relocation cases can be legally complex and emotionally challenging, but you don't have to face them alone. I provide personalized guidance and support to clients navigating relocation matters, helping them understand their rights and options under the law. Whether through negotiation, mediation, or litigation, I am committed to achieving the best possible outcome for my clients and their families.
Contact C. Michael Kelly, P. A. Today:
If you're dealing with a relocation issue in Bradenton, Sarasota, or Arcadia, FL, don't hesitate to seek legal representation. Contact me today to schedule a consultation. I'm here to provide you with the dedicated legal advocacy you need to protect your rights and the best interests of your child in relocation matters.
Virtual Consultations Available
cmichaelkellypa@gmail.com
(941)749-3185
339 6th Ave. West, Bradenton, Florida, 34205
DIVORCE GROUNDS IN FLORIDA
In Florida, the legal termination of marriage, commonly referred to as divorce, can be granted based on various grounds as outlined in the state statutes. Here, we detail the grounds recognized under Florida law:
1. No-Fault Grounds: • Irretrievable Breakdown: Florida operates as a no-fault divorce state, requiring neither spouse to prove fault for divorce. The primary reason for dissolution is often cited as an "irretrievable breakdown" of the marriage, where both parties agree that the marriage is irreparable.
2. Fault-Based Grounds (less common yet applicable): • Mental Incapacity: If one spouse is deemed mentally incapacitated for a minimum of three years prior to filing for divorce, and the incapacity is deemed uncurable, it can serve as grounds for dissolution.
• Adultery: Although less common due to Florida's no-fault system, adultery can still be cited as a reason for divorce if relevant to the case.
• Desertion: Willful desertion by one spouse for at least a year without justification can be grounds for dissolution.
• Cruelty or Abuse: Instances of physical or emotional abuse towards one spouse by the other can be cited as grounds for divorce in Florida.
• Felony Conviction: A spouse's conviction of a felony and a prison sentence of at least three years can be grounds for dissolution if the other spouse does not forgive or resume cohabitation after the conviction.
It is important to note that while these fault-based grounds exist, they are less commonly used in modern divorce proceedings due to the simplicity and efficiency of no-fault divorce. No-fault divorce typically involves less conflict and is often less emotionally taxing for both parties.
In conclusion, Florida offers both no-fault and fault-based grounds for the dissolution of marriage. However, most divorces in the state are granted based on the irretrievable breakdown of the marriage, eliminating the need to assign blame to either party.
C. Michael Kelly, P.A.