Occasionally a non-parent will get some type of Temporary Order gaining custody of a minor child. This happens many times in dependency actions or when someone is charged of a crime or other situations where the child is better to be with a person not that child’s parent.  When there has been an Order making another person the guardian or giving that other person temporary custody, a parent can get custody back.  The natural parent must be shown to be a “fit parent” to terminate or modify the Temporary Custody Order. The standard can be found in Florida Statute 751.05, Temporary Custody of Minor Children by Extended Family:  751.05(6) “At any time, either or both of the child’s parents may petition the Court to modify or terminate the Order granting temporary custody. The Court shall terminate the Order upon finding that the parent is a fit parent, or by consent of the parties.  The Court may modify an Order granting temporary custody if the parties consent or if modification is in the best interest of the child.” 

Request for admissions are governed by Florida Family Law Rules of Procedure 12.370 and Florida Rules of Civil Procedure 1.370. Request for admissions are used to request the other party to admit the truth of any matters that relate to statements of opinion or fact, application of law to fact, or genuineness of any document described in the request. Any request for admissions must be within the scope of general discovery rules. They are served without leave of court. If request for admissions are served with the initial process, then the responding party has 45 days to answer or object. If the request for admissions is served after initial process, then responding party has 30 days to respond or object. If an answer or objection is served later than 30 days (or 45 days if served with initial process), then the failure to answer or object results in the matter being deemed admitted.

Expansion marks the family law firm’s tenth office and the first outside of Florida

Fleming Island, FL (August 18, 2016) – Kenny Leigh and Associates announced today it will open an office in Atlanta – the firm’s first office outside of Florida.

Kenny Leigh and Associates is a premier family law firm in Florida, specializing in divorce, custody and related issues for male clients. Founded in Fleming Island in 2003, the firm opened its second office in downtown Jacksonville in 2010. Since, the firm has opened seven more offices across Florida – from Pensacola and Tampa to Boca Raton and Ft. Lauderdale.

Discovery in a family law case can be voluminous. An attorney can ask for anything. Well, not exactly anything. The discovery request must lead to relevant admissible evidence. There are so many times that I have had a client come to me and can’t understand why the opposing party is asking for something. And if I tell the client that the opposing party is allowed to ask that, then all of a sudden the client gets mad at me for not being aggressive enough. We certainly fight for every inch that we can. When representing men and in family law, our firm truly believes that you need to be over prepared and over aggressive. But when it comes to discovery most fighting is simply unnecessary and only benefits the attorneys by enabling them (us) to charge for fighting.

Many people believe that there is only one form of alimony. They think you have to pay alimony for the rest of your life if you get a divorce. That is not true. There are many forms of alimony.  There is permanent alimony, which I consider to be the worst. That is alimony that continues until the other person remarries or until there is a substantial change in circumstances, such as differences in income or cohabitation, etc. Another form of alimony is rehabilitative alimony. This is alimony that comes with a plan. Basically the spouse of the payee has to do something.  Whether it be needing time to finish a college degree, nursing degree or just get on their feet.