Practice Areas

At McBath Law Firm, P.A., we have extensive experience in family law including the following:

Prenuptial Agreements

Pre-nup agreements are important because they allow the parties to determine how their matrimonial and family issues will be decided in the event of a divorce hopefully without too much court intervention. The more parties can decide among themselves, the more cost efficient and less anxious the parties will become.

Marital Settlement Agreements

Agreements of any kind are always better than litigating as long as the parties are honest with each other in disclosing relevant information.

Discreet Divorce Planning

Do you have a lot of assets and liabilities? Been married for quite some time? Maybe even have children and your marriage hasn't been great? You may want to start planning well in advance so your spouse doesn't take everything that you both have acquired as a couple. No one should ever go through a divorce without doing some careful planning.

Divorce

No longer lovebirds? Florida is a no-fault State and you could wake up one morning and petition the court for a divorce as long as you allege the marriage is irretrievably broken. There are many issues in a divorce that can be contested or uncontested, simple or complex.

Custody

Children are often looked at as though they were one party's prized possession. We can help you receive time sharing that is in a child's best interest, especially if the other parent is being selfish.

Child Support

It costs money to house, feed and clothe a child. Both parents are required under Florida law to share in these expenses. We will help calculate your share according to the child support guidelines. If your child is primarily residing with you, your spouse may be ordered to pay you his or her share. Be sure to tell the attorney the medical and dental insurance costs for the child. This portion is part of the child support equation.

Alimony

There are different types of alimony: bridge the gap, lump sum, rehabilitative and permanent. One party must have the ability to pay the support the other party needs. There are no "alimony guidelines" in Florida. But there are many factors the court will look at to determine what someone needs from the other spouse, if anything.

Division of Property and Debts

Courts generally divide marital property 50/50. You've heard the expression "take him for everything he's got". This would be rather unusual since the judges of Florida are very fair and are required under the law to order an equitable distribution of assets and debts.

Attorney's Fees and Costs for You

In Florida when there is a disparity of income, one party could be awarded attorneys fees and costs if they have shown they have the need and the other party has the ability to pay. You should always pay your attorney an initial retainer to get started in your case. Your attorney then can ask the court to order your spouse to reimburse you and also request additional fees.

Visitation

Both parents deserve to see their children frequently, unless there has been abandonment, abuse or neglect. Parents may have much hostility towards each other but should never use the children in their war. Courts will determine when there should be no visitation or supervised visitation. Denying visitation should be used only in the most extreme circumstances to prevent a child's harm.

Step-Parent Adoption

Sometimes the other parent is missing in action. When one parent's rights have been terminated, the other parent's new spouse could become defacto, a child's new parent. The bond becomes so strong that the natural progression would be a legal step-parent adoption.

Paternity

Who's your daddy? DNA testing could help answer this. Don't wait until it's too late to file the appropriate lawsuit.

Post Judgment Modifications

So you think your lawsuit was final? There are reasons a final judgment can be modified. When there's been a substantial change in circumstances involving the children or support, there may be a reason for a change.

Child Support Enforcement Actions

Are you owed child support? Is someone underpaying you? Are the government records inaccurate? Does someone want you to pay and you're not their daddy?

Department of Children and Family Services (DCFS) Actions

Is the Department of Children and Family Services (DCFS) in your life? Have they taken your children when you haven't committed abandonment, abuse or neglect? Is Hillsborough Kids Inc. (HKI) not properly supervising your kids?

Juvenile Dependency: Prosecution or Defense

Do you suspect there has been abandonment, abuse or neglect of a child? Did you know according to Florida statutes that anyone with knowledge that a child has been abandoned, abused or neglected can file a petition to adjudicate dependency? Most people think that only DCF can initiate such an action. On the other hand, if you are being falsely accused of abandonment, abuse or neglect, you need to act quickly to protect yourself.

Juvenile Delinquency: Defense

Minor children get into trouble and need representation too. When your child has broken the law or has been accused of such, their constitutional rights don't need to be trampled upon or taken advantage of.

Domestic Violence: Prosecution or Defense

People get angry and sometimes lash out in the wrong ways. You need to understand different types of abuse and whether it rises to the level that an injunction for protection should be entered. There could be criminal implications, so be careful what you say.

Marriage Counseling

If the marriage is not irretrievably broken and you're still in love, don't throw it away by getting a divorce. Try going to a marriage counselor to work through all your issues. Many times health insurance will help you pay for these costs. Check with your provider.

Mediation

Mediators are not judges. They will not decide your issues but they can help you by facilitating productive communication between two people who may be very bitter. Mediation is required, so begin thinking about a happy medium.

Virtual Visitation

When relocation is granted by the courts, one parent could suffer as well as the children. To minimize the effect it could have on all concerned parties, you should consider using a web cam. Parents and their children should always be able to stay in touch and see one another, within reason.

Relocation

Sometimes a parent has to move, which could result in the other parent not seeing the child as frequently at his or her home. Our society is very mobile and as long as the children's best interest is served courts could order the children to relocate with one parent. A parent, with children, should never relocate permanently without getting the court's permission.

Parental Alienation Syndrome (PAS)

Is your child not talking to you anymore? Is your ex keeping the children from you? Find it difficult to talk to your kids? There's nothing worse than children being used as pawns. Parental Alienation Syndrome (PAS) will destroy a family. It's hard enough getting a divorce without making matters worse by attempting to destroy the bond and attachment that exists between a parent and a child. This syndrome can be so severe that it could be a basis to change custody.

The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.