Brian M. Moskowitz Law Office

Practice Areas

 

Adoption

Florida laws concerning adoption are quite complicated. To ensure that the process is properly carried out, it is important to have the assistance of a knowledgeable adoption attorney. With over a decade of experience, the Law Offices of Brian M. Moskowitz takes pride in efficiently representing clients throughout South Florida who wish to build their family through adoption.

Alimony

The dissolution of a marriage is a difficult and often emotionally charged process. Of all the challenges that must be addressed, the financial ones may be both the most important and the most complex. Many divorces involve an award of alimony or spousal support, which is designed to assist the economically weaker spouse in making the transition to life as a single person.

Appeals

Divorces and other family law matters operate under a different set of rules, which means that the appellate process is quite complicated. An appeal of a lower court decision is one of the most challenging aspects in the practice of law. It requires careful research, superior writing, and persuasive argument skills. Appeals may be made in virtually any family law matter.

Assisted Reproductive Technology

Scientific progress in the area of assisted reproductive technology (ART) has dramatically increased the options now available to create a family. Assisted reproductive technology now includes gestational and traditional surrogacy; egg and sperm donation; and embryo, sperm, and egg preservation.

Child Custody

When ending a marriage, determining who gets the children is one of the most important decisions that have to be made. As of October 1, 2008, the state of Florida chose to stop using the familiar terms of “custody” and “visitation.” Instead, a “Parenting Plan” must be decided upon that details the “time-sharing” that will occur between each parent and each child.

Child Support

Parents have an obligation to support their child. The exact child support figure is determined by applying statutory Florida Child Support Guidelines to the facts of each specific case. Because support amounts under the guidelines can vary according to various subtleties in your case, it is crucial to have a skilled lawyer review your case. A proper determination of child support is vital to your child's well-being and your financial health.

Contempt

A Florida divorce decree is a binding legal document that must be followed by both parties. Although changes can be made, they must be done formally through a modification (where one party asks the court to modify an existing order or judgment). If one of the parties violates an order in the decree, the court can hold that party in contempt. This is a serious offense that can result in community service, fines and even incarceration (time in jail). Being found in contempt can also cause a party to lose child custody or visitation / time sharing rights.

Divorce

Florida law requires that at least one spouse has resided in the state for a minimum of six months prior to filing the divorce action. The marriage must also be irretrievably broken. Fault is not considered in granting a divorce, although it may be considered under certain circumstances in the award of alimony and determination of custody issues.

Domestic Violence

An injunction for protection against domestic violence is a court order that tells a person not to threaten, batter, or harass you. The injunction may or may not order the person to refrain from having any contact with you. Sometimes called a "restraining order," an injunction prohibits the person to whom it is directed from continuing with any acts or threats of violence.

Enforcement

Each enforcement dispute is unique due to the individual circumstances involved and the original court order. The general process is to file a petition asking the court to declare the violating party in contempt and grant any available remedy. If a party's failure to fulfill their obligation according to the existing order or judgment is due to a factor that they cannot voluntarily control (such as the loss of a job), the court is not likely to hold them in contempt.

Equitable Distribution

The most basic element of any Florida divorce is dividing up the various assets and liabilities of the parties in a fair manner. When you get divorced in Florida, all of your marital property must be divided equitably with your spouse. Instead of a strict 50/50 split (in which each spouse receives exactly one-half of the property), equitable distribution looks at the financial situation that each spouse will be in after the marriage is terminated.

Guardianship

Often confused with adoption, guardianship of a Florida child means that a caregiver is responsible for the child’s care and custody. Guardianship usually lasts until the child becomes an adult at age 18, although it can be ended under certain circumstances by a court. Guardianship temporarily changes the custody of the child, but the child and the parents are still legally related. Adoption, on the other hand, is a final change of guardians.

Mediation

We have discovered that people who resolve their family law matters through mediation remain more satisfied with the settlement they reach rather than a court imposed judgment. In fact, the time-sharing (custody and visitation), child support, alimony, and property agreements that come out of mediation are often easier to enforce because they were mutually agreed upon.

Modifications

After a Florida divorce decree or other family law judgment is issued, it does not necessarily mean the challenges are over. Parties are entitled to show the court that there has been a substantial change in circumstances that warrants a change in the previous order or judgment. At the Law Offices of Brian M. Moskowitz, we have handled modifications of family law orders and judgments for more than 10 years.

Parental Relocation

After a divorce, the individuals involved usually want as little to do with one another as possible. If the couple do not have any children, this is typically easy to accomplish. When a child is involved, however, the lives of the former spouses remain intertwined in their role as parents. Until all shared children reach the age of at least 18, both parents are required by law to play some role in the child’s life. Legally, that role includes both financial support and a commitment to be a physical presence in the child’s life.

Paternity

Once paternity is established, both parents assume the legal rights and responsibilities of being a parent. Parental rights include the following: visitation, possible full or partial custody, and the right to make important legal decisions regarding the child. The legal responsibilities of being a parent are similar and include making decisions about the child, being a presence in his or her life, as well as the obligation to support the child financially.

Pre- and Post-Nuptial Agreements

Contrary to popular belief, prenuptial and postnuptial agreements are not just for the wealthy. Such agreements can be very beneficial in a marriage if there are certain assets that you want to be sure are classified as separate property rather marital property in the event that the marriage ends. These agreements can also address potential sources of conflict up front, protecting your important assets.

Visitation

In Florida, it is a matter of public policy to ensure that parents share responsibility for raising children. It is also public policy that minor children see parents frequently and on a continuing basis after the parents are separated or divorced. Child visitation, pursuant to a parenting plan, can take a variety of forms or schedules