terminate father's rights

Under Florida family law, when a child is born to a married couple the husband is presumed to be the child’s biological father. See Florida Statute §382.013. However, it is very common for the husband to not be the child’s father. This can occur due to separation without divorce, adultery, or other reasons. Regardless, there may be a legal way to disestablish paternity and terminate father’s rights in Florida. For assistance with how to terminate father’s rights in Florida contact a child custody lawyer in Tampa. The procedures and advise will vary based on the specifics of each case.

Terminate Father’s Rights in Florida With Rule 1.540

Generally, there are two ways to legally disestablish paternity and terminate father’s rights. The first is under Florida Rules of Civil Procedure.  Rule 1.540 allows a father to obtain relief from a judgment, decree or order within 1 year of its entry. For instance, this Rule may be applicable to overturning a divorce decree requiring child support to be paid. The grounds for relief under Rule 1.540 include, mistake, fraud, misrepresentation, or newly discovered evidence which by due diligence could not have been previously discovered. Satisfying the conditions for relief under Rule 1.540 can be difficult without legal experience or training. Therefore, anyone seeking relief under Rule 1.540 should consider retaining a child custody lawyer in Tampa.

Terminate Father’s Rights in Florida Under 742.18

Florida Statute 742.18 can also provide a means to terminate father’s rights and child support. Proceeding under this law can be difficult, it is strongly recommended to retain a Tampa child custody attorney to assist you.  In order to obtain relief under this statute, the father must include all of the following in the petition.

  1. An affidavit stating that newly discovered evidence relating to the paternity of the child has come to the petitioner’s knowledge since the initial paternity determination or establishment of a child support obligation.
  2. Scientific tests administered within 90 days of the petition showing the petitioner is not the father of the child. Alternatively, the petitioner can allege access to the test was not available.
  3. The petitioner is current or substantially complied with all child support obligations

It is important to note, including the above three elements in the petition is not enough to terminate father’s rights in Florida. The three elements above are necessary to file a valid petition, it does not guarantee success in the case. The petitioner must also prove 7 additional elements beyond a preponderance of the evidence in order to previal.  For a full list of the seven elements that must be proven click here or contact a Tampa child custody attorney.

Child Custody Law Firm in Tampa

Regardless of whether you need to terminate father’s rights, are a mother seeking to obtain child support, or a father trying to gain visitation rights, Florida Law Advisers can help.  To schedule a free and confidential consultation with a Tampa child custody attorney call us today at 800 990 7763. We are available to take your call 24/7.

stop collection calls

If you are being harassed by creditors bankruptcy can provide an immediate answer for how to stop collection calls. Under bankruptcy law, as soon as a bankruptcy case is filed an automatic stay will go into effect. The stay requires creditors to stop collection calls and all collection activity against you immediately. Creditors will not be able to call, garnish wages, or repossess your property while the automatic stay is in effect.

If a creditor attempts to collect a debt while the stay is in effect you may be able to sue the creditor. In most Chapter 7 cases, the automatic stay will remain in effect until your bankruptcy case is discharged. The automatic stay is available under both Chapter 7 and Chapter 13 bankruptcy. If you are unsure about which Chapter is right for you to stop collection calls contact a bankruptcy law firm in Tampa.

How to Stop a Foreclosure Auction

The automatic stay will not just stop collection calls, it will also force a foreclosure auction to be cancelled. The bankruptcy stay will prevent a mortgage company from filing for foreclosure. If the lender already initiated a foreclosure lawsuit, the case will be paused until the stay is no longer effect. Further, the automatic stay will even stop a foreclosure sale that has already been scheduled.

The stay should remain in effect until either the bankruptcy is discharged or the lender obtains an order from bankruptcy court granting them relief from the stay. However, if the Trustee abandons the property it will no longer be considered property of the bankruptcy estate, and thus not subject to the stay. In most cases, a mortgage lender will file petitions for relief from the stay. Therefore, it is important you have a seasoned Tampa bankruptcy lawyer at your side to help prevent the lender from obtaining relief from the stay.

Stop Collection Calls

The automatic stay does not stop collection calls from all creditors. Bankruptcy law provides for many exceptions from the automatic stay. A list of some of these exceptions are below, for a more complete list of exceptions See 11 USC §362 or contact a bankruptcy lawyer in Tampa.

  • Child support
  • suspension of a driver’s license
  • Property that is not part of the bankruptcy estate
  • an audit by a governmental unit to determine tax liability;
  • criminal court proceedings

Bankruptcy Law Firm in Tampa

At Florida Law Advisers, P.A., our Tampa bankruptcy attorneys have years of experience helping people just like you to solve their financial problems and stop collection calls. We understand that these are very difficult times and are here to help. We have many options available that can help you successfully manage your debt and regain your financial health. The right course of action will depend on the unique circumstances of your case. To see which options may be available to you, contact us to today to schedule a free, confidential consultation with a Tampa bankruptcy lawyer at our firm.

wipe out debt

If you are overwhelmed with bills and need to wipe out debt you should talk to an attorney about bankruptcy. Chapter 7 or Chapter 13 can be an effective tool to wipe out debt in bankruptcy. If a debt is discharged in bankruptcy the borrower (debtor) will be released from personal liability on the debt. Further, the discharge prohibits a creditor from taking any collection action against the borrower. However, there are many nuances of bankruptcy law which can prevent a discharge of certain debts. Therefore, it is important to seek counsel from a bankruptcy law firm in Tampa before taking action. There may be potential pitfalls to bankruptcy you would not be aware of without competent legal counsel.

Wipe Out Debt with Chapter 7 Bankruptcy

Bankruptcy law provides for different rules of discharge in Chapter 13 and Chapter 7 bankruptcy to wipe out debt. This article will discuss using a  discharge of debts in a Chapter 7 bankruptcy to wipe out debt. Chapter 7 is a liquidation bankruptcy, which means a debtor may be required to sell certain assets as a condition of the bankruptcy. On the other hand, Chapter 13 is a restructuring bankruptcy, instead of selling assets to pay creditors you create a payment plan to pay back the amount owed. For more information on Chapter 13 bankruptcy click here or call us to speak with a bankruptcy attorney in Tampa.

Requirements to Wipe Out Debt in Chapter 7 Bankruptcy

In order for a debt to be eligible for discharge in bankruptcy, the debt must have been originated prior to filing the bankruptcy petition. In addition, the debt must be listed on the bankruptcy petition. If the debt is not included it will not be eligible for a discharge, even if it was originated prior to the bankruptcy filing. Thus, debtors should meticulously review all accounts with their bankruptcy lawyer prior to filing the bankruptcy petition to ensure all the debts are included. Unfortunately, satisfying this condition alone is not enough to ensure you will wipe out debt in bankruptcy. There are numerous grounds for the court to deny a discharge in Chapter 7, these include but are not limited to:

  • Actions by the debtor to conceal, mutilate, falsify or destroy documentation evidencing the debtor’s financial condition or transactions. See §11 U.S. 727(a)(3)
  • Failing to preserve documentation evidencing the debtor’s financial condition or transactions. However, if the lack of preservation was justified under the circumstances the discharge will not be denied.
  • Knowingly and fraudulently making a false oath or presenting/ using a false claim.
  • Personal injury lawsuits stemming from driving under the influence of drugs or alcohol.
  • Transferring property or incurring debt within the 2 years preceding bankruptcy and the debtor:
    1. Intended to hinder, delay, or defraud a creditor; or
    2. Received less than a reasonable equivalent of value in exchange for the transfer or a debt obligation incurred; and
      1. was insolvent on the date that the transfer was made, or became insolvent as a result of the transfer; or
      2. intended to incur, or believed that the debt incurred would be beyond the debtor’s ability to pay

Bankruptcy Law Firm in Tampa

If you are having a difficult time meeting your financial obligations Florida Law Advisers, P.A. may be able to help wipe out debt in bankruptcy. Our Tampa bankruptcy lawyers have years of experience helping people just like you solve their financial problems and obtain a fresh start. We will help ensure your rights are protected, keep you well-informed every step of the way, and help you receive the utmost protection bankruptcy can offer. To schedule a free consultation with a Tampa bankruptcy lawyer at our firm call, email, or fill out an online inquiry on our website today

prenuptial agreement in Florida

A prenuptial agreement in Florida can allow you to modify provisions of Florida divorce law to better fit your circumstances. A well-executed agreement will allow you to set forth the terms of the divorce, rather than a judge. With prenuptial agreements, the parties decide the distribution of assets and alimony, not the judge. For more information on what can and cannot be included in the Florida prenuptial agreement contact a divorce law firm in Tampa.

What a Prenuptial Agreement in Florida Can Include

Florida has adopted the Uniform Premarital Agreement Act, which expressly provides that parties may reach a binding contract on the following issues: (i) the parties’ rights and obligations concerning any assets and liabilities; (ii) the right to buy, sell, use, transfer, or dispose of property; (iii) the distribution of property upon separation, dissolution, death, or other event; (iv) the right to alimony; (v) the making of a will or trust; and (vi) the disposition of life insurance proceeds. There may be additional preclusions as well, and you should contact a divorce lawyer in Tampa for specific advice about your prenuptial agreement in Florida.

Challenging a Prenuptial Agreement in Florida

A valid prenuptial agreement in Florida is a legally enforceable contract; however, it can be challenged and voided in a court of law. A prenuptial agreement in Florida may be voided in its entirety or just specific provisions of the agreement. Grounds to void an agreement can include, duress, coercion, failure to disclose assets or fraud. It is important that both parties hire their own divorce attorney when entering into a prenuptial agreement. Failure to hire your own attorney may not be sufficient to void an agreement. It is important to seek counsel to be fully advised on what you may be subject to as part of the prenuptial agreement. Once a prenuptial is fully executed it may be binding and nonmodifiable, you should proceed with care.

Evidence to Void a Prenuptial Agreement

A court does not have authority to void a prenuptial agreement in Florida simply because it’s an unfair deal. See Castro v. Castro & Kuchera v. Kuchera. An agreement cannot be voided solely because in hindsight, it represents a bad deal for the spouse. However, an agreement that is unfair on its face will create a presumption that there was not full disclosure.

Usually, the party seeking to enforce the agreement will then have the burden of proving full disclosure was provided to the spouse challenging the agreement. If the presumption is not rebuffed by evidence, the prenuptial agreement may be voided in its entirety or limited to specific provisions. However, if there is sufficient evidence to refute the presumption of lack of disclosure, the agreement will be enforceable, regardless of how unfair the terms of the agreement are. Thus, it is highly recommended you retain a Tampa divorce lawyer to assist with preparing the prenuptial agreement in Florida to make sure it will hold up to judicial scrutiny.

Tampa Divorce Law Firm

Regardless, if you are trying to enforce a prenuptial agreement or void an agreement, Florida Law Advisers, P.A. can help. Our divorce lawyers in Tampa have years of experience in drafting and challenging prenuptial agreements in Florida. Every case is different, and our vast experience allows us to cater our services to a client’s individual needs. To speak with a Tampa divorce lawyer at our firm call us today at 800 990 7763.

bankruptcy process in Florida

If you are having a difficult time meeting your financial obligations bankruptcy may provide some relief. Bankruptcy is intended to alleviate financial burden and give borrowers a fresh start. It is not necessary to hire an attorney to file bankruptcy on your behalf; however, it is recommended that you do seek the aid of a licensed Tampa bankruptcy attorney before taking any action. The laws and bankruptcy process in Florida can be difficult to navigate without a bankruptcy law firm at your side. If you need assistance with a Chapter 7 or Chapter 13 you can contact Florida Law Advisers for a free consultation with a bankruptcy attorney in Tampa.

Bankruptcy Process in Florida: Rules of Bankruptcy Procedure

The Federal Rules of Bankruptcy Procedure generally dictate not just the bankruptcy process in Florida but also the procedure for bankruptcy throughout the United States. The Rules are intended to, secure the just, speedy, and inexpensive determination of every case and proceeding. The rules are published by the U.S. Supreme Court after consideration by the Judicial Conference of the United States Courts and its committees. Congress has the authority to reject the proposed rules, but rarely use its power. If Congress takes no action regarding the proposed rules, they will become effective at the end of the year.

Bankruptcy Process in Florida: Local Rules

The first step is usually to determine where the case needs to be filed. The bankruptcy process in Florida will vary slightly between each division. Each division will have its will have its own set of rules to follow. Borrowers residing in the Tampa Bay area will likely need to file their bankruptcy petitions in the United States Bankruptcy Court for the Middle District of Florida.

You can find the rules for the Middle District of Florida by clicking here. The local rules for the Middle District are very helpful in navigating a case through the bankruptcy process in Florida. Please note, the Court is consistently updating the bankruptcy process in Florida. Therefore, you should make sure you are reviewing the court’s most recent rules for Florida. A bankruptcy law firm in Tampa should be able to provide you with a copy of the most recent rules on request.

Bankruptcy Law Firm in Tampa

When you hire Florida Law Advisers, P.A., you get experienced an experienced Tampa bankruptcy lawyer by your side throughout the bankruptcy process in Florida. We will help ensure your rights are protected, keep you well-informed every step of the way. To schedule a free consultation with a Tampa bankruptcy lawyer at our firm call 800 990 7763.