Why it is important to know Judges trends in Family Law matters and Divorces in Miami, Florida ?
In Miami, it is important to know the Family Judges trends when advising clients in Divorce proceedings
There are around twelve Family Law Judges in the Eleventh Judicial Circuit in Miami, Florida
One of the first questions an Attorney will ask their client after being served divorce papers is who is your Judge.
The Judges are assigned division numbers and it is easy to determine your Judge by looking at the Case Number and the two letters FC followed by a number. This identifies your Judge and it is also important to identify the opposing attorney whose name is on the pleadings, if the party is represented by an Attorney.
As in all jurisdictions and venues different people have different view points on different issues. A Judge might be divorced themself and this can have an impact on the treatment of people of specific genders.
The Court system is supposed to be gender neutral but it is only natural that a Male Judge with children might be more sympathetic to a male party seeking visitation rights from the Court. Additionally, matters brought before a Female Judge for non-payment of child support may also be more strict with men who intentionally fail to meet their support obligations. These trends are not etched in stone and there are certain Judges who do not rule in this manner. Some Judges are strictly construe the law and will follow the precedent and statutes strictly.
Other Judges rule from the heart and read the law with more flexibility. There are other Judges who will focus primarily on what is in the child or childrens' best interests. A Judge's preference and tendencies become more important and significant when an issue that is not as common is addressed by the Court. Rellocation of children outside the State of Florida either within a divorce case or a Paternity suit is an issue that does not exist in the majority of cases. Relocation is typically contested and will result most of the time in litigation.
Different Circuit Court Judges will handle this issue differently based upon whether the improvement in the quality of life of the children will be improved compared to having frequent and continuing contact between the non-relocating parent and the minor child or children.
Cases such as these allow for a great deal of discretion by the Judge and it is important to have an experienced attorney who can voice an opinion as to how a Judge might trend on this issue based upon past decisions rendered.
Equal Timesharing is another issue which has been litigated frequently based upon the uncertainty of the law in this area.
Same sex or Second Parent Adoption cases also require a knowledge of a Judge's feelings towards recent changes in the law as well as moral positions in society.
As an experienced attorney who has practiced Family Law in Miami and handled many divorces in Miami, Florida, I am more than capable of advising on trends of particular Judges in Miami, Florida on various issues involving Family Law and Divorce in Miami.
Please contact Kenneth M. Kaplan, Esquire at 954-260-5479 or 305-666-9797 to discuss your case.