Contact Us Today 850-502-2241
Winter Spires & Associates, P.A.

se habla español

Our Practice Areas

Ft. Walton Beach Criminal Defense Blog

What is considered "reasonable" visitation?

A non-custodial parent may be granted visitation time with their child when their child custody matter is resolved. While this will mean that their child will not live with them, it may mean that the parent will have access to their child and the opportunity to enjoy in-person experiences with them. In Florida and other jurisdictions, a parent may need a set schedule for their visitation time or they may be granted reasonable visitation.

Reasonable visitation can be a difficult concept to understand, because reasonableness will depend on many factors in any given custody and visitation case. For example, it may be unreasonable for a father to have a 12-hour stretch of visitation with his 6-week old infant if the child is exclusively breastfeeding, since it would deny the child access to its food source. However, for an older child with less specific needs, a lengthy period of visitation may be reasonable.

What is an ignition interlock device?

For most people, starting a vehicle is a relatively simple process. However, for Florida residents who have been convicted of drunk driving, getting their vehicles going can require getting past ignition interlock devices.

An ignition interlock device, also known as an "IID," is a machine that is attached to a vehicle. It requires a person to blow into it and have a sober reading in order for the person to start the automobile. If the IID registers alcohol on the person's breath, then the vehicle cannot be started.

How do you get child support from the other parent?

There are different ways that parents in Florida can go about seeking child support payments from their co-parents. Depending upon the relationships that they have with their former partners, individuals may find that certain paths are easier than others for them to seek the support that their children need. It is useful for individuals seeking answers to this question to get more information about family law and how best to approach this important matter.

One way that parents may arrive at a child support plan is through the creation of an agreement. A child support agreement is like other contracts, in that it spells out the obligations and expectations of the parents with regard to how they will support their children. An agreement concerning child support should contain provisions that stipulate important information, such as when parents are to make payments and for how long those payments will be made. Parents can have their family law courts accept the agreements to give them judicial authority and enforcement powers.

The importance of properly resolving a boundary dispute

As a Florida property owner, you want to ensure issues and disputes with your neighbors do not lead to unnecessary legal and financial complications. In many cases, disagreements with neighboring property owners begin with confusion over property lines. What can start as a simple disagreement can eventually lead to complex issues that require legal intervention to resolve. 

If you are facing a boundary dispute, it is beneficial for you to seek to address it properly. These types of disagreements may seem only like an inconvenience, but in reality, they can lead to financial loss and other problems. Boundary disputes can be complex and costly issues, and you would be wise to take this situation seriously.

Factors that can influence the division of marital property

Although a divorce is a legal process that ends the relationship created by a marriage, it involves a number of other legal considerations in order to set the respective parties up to begin their new, single lives. For example, if the parties to the divorce are parents, then they may need to engage in negotiations over how they will provide for and co-parent their shared kids. They may also need to evaluate how their shared property will be divided between them.

Property division pursuant to a divorce can be a complex matter. Florida does not follow the laws of community property embraced by other jurisdictions, and as such courts must make case-specific decisions about how best to serve the parties who appear before them. Martial property, or the property that is shared by both of the individuals in the divorce, is what courts have the power to divide.

Can you modify a child support order?

A child support order provides a child with the financial resources they need to live their life. The child's parents are responsible for fulfilling their economic requirements, but if a parent in Florida becomes unable to keep up with the support obligation they are bound to follow, then they may find that they are in violation of a court-approved agreement or order. Failing to meet the terms of a child support mandate can result in severe penalties imposed against the parent.

To avoid this difficult situation, a parent who cannot keep up with child support payments may wish to seek a modification to the order or agreement that spells out the obligation. There are some important steps that parents can take to achieve this need.

Helping you protect your child's best interests

Divorce is hard on parents and it is certainly hard on kids as well. Even when two parents in Florida do everything that they can to minimize the distress and conflict in their divorce, their children will still need to learn to live with the "new normal" of mom and dad no longer under the same roof. Ensuring that kids transition well into their new lives can have a lot to do with the child custody arrangement that is established.

Our readers may know that parents can work together to create their own child custody agreements. If those agreements meet the best interests of the kids whose lives will be governed by them, then they may be approved and given judicial weight. If parents cannot come to agreements regarding how they will share time with their kids, then the family law courts may intervene and issue child custody orders.

Florida enforces a zero tolerance law against young drivers

Even if drivers in Florida are not familiar with the exact penalties they may face if they are arrested and convicted of drunk driving, they may know that they could face the loss of their license, fines and possibly jail time, depending upon the charges and sentencing. Drivers may only think that these penalties apply to individuals who have both the right to drive and have achieved the legal age at which they may drink alcohol; in Florida and other jurisdictions, zero tolerance laws make this assumption a falsehood.

A zero tolerance law is one that targets young drivers, such as those who are between the ages 16 and 20. These drivers may have the right to drive once they have passed their coursework and tests, but they are not yet old enough to legally consume alcohol. Zero tolerance laws therefore prohibit young drivers from operating with any alcohol in their systems.

Did you know you can negotiate the terms of a commercial lease?

As a Florida business owner, you know how difficult it can be to find commercial space that is beneficial for your company needs and your budget. Finding the right place for your business is just half the battle – you will then need to negotiate a commercial lease. Commercial tenants have more leeway than residential tenants to negotiate specific terms before signing a lease agreement. 

Before you sign, it is important to carefully review the terms of your agreement in order to ensure you are not exposing yourself to financial or legal risks. You may also find it necessary to pursue specific terms that could be important for your individual business. You do not have to navigate this important and potentially complex process on your own. 

Do you need to claim fault to get a divorce in Florida?

In the past, some American jurisdictions required divorcing parties to allege "fault" against each other in order to complete the dissolution of their marriages. For example, a wife may have had to allege that her husband had been unfaithful to her in order to justify getting out of her union. Times have changed, however, and most jurisdictions recognize "no-fault" grounds on which couples may base their divorces.

Florida does not require its litigants to allege fault in order to get a divorce. Florida is therefore a no-fault divorce state. In order to get a divorce, a party only needs to plead that their marriage is irretrievably broken. Either party to a marriage can file to bring their union to its end.

meet with a member of our team

Call 850-502-2241 or reach out to us online to arrange a consultation.
Mon. - Thur. 7:30 to 5:00
Fri. 8-2 pm

Destin Office
3999 Commons Drive West Suite B
Destin, FL 32541

Phone: 850-502-2241
Fax: 850-424-2801
Destin Law Office Map

Marianna Office
2880 Green Street
Marianna, FL 32446 ‎

Phone: 850-502-4506
Phone: 850-633-3006
Fax: 850-424-2801
Marianna Law Office Map

Panama City Beach Office
309 Richard Jackson, Blvd.
#200-Suite #3
Panama City Beach, FL 32407

Map & Directions

Make Payment - LawPay - VISA MasterCard American Express