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Florida Legal Blog

2 examples of unlawful police stops

Police need to have a valid reason to stop someone. Whether you're a driver or a pedestrian, police cannot pull you over or detain you without a viable cause of action for doing so. This cause of action could be a court-issued search or arrest warrant, or it could be a reasonable suspicion -- backed by evidence -- that you have engaged in criminal behavior.

If police perform a criminal investigation without a warrant -- or without sufficient reason to suspect you of wrongful action -- the investigation is unlawful and any resulting charges could be thrown out by a Florida court. Here are two examples of unlawful police stops:

Healthy communication is essential for a peaceful divorce

Some spouses are desperately trying to communicate with one another, but it feels like they can't ever find common ground. This could be the symptom of two people with entirely different communication styles. Perhaps your style is logical and rational, while your spouse's style is emotional and feelings-based. You may never see eye to eye.

Ultimately, many relationships end because of bad communication between the spouses, so when spouses want to divorce peacefully, it's important for them to focus on adopting healthy patterns of interaction, or their divorce could end up in court to be decided by a family law judge. One way to overcome arguments and disagreements during a divorce is to use a family law mediator. A mediator will assist both sides in the marriage to listen to one another respectfully, honor each other's concerns and find common ground.

3 common defense strategies in drug crime cases

Some people find themselves accused of crimes because they committed a violation of the law. Others are accused of illegal behavior because they were in the wrong place at the wrong time and it's a case of mistaken identity. Still, others face criminal charges due to a misunderstanding or a misinterpretation of the evidence at hand. Regardless of the reasons behind your arrest, you have the legal right to defend against the charges.

Here are three example defenses that people commonly find useful in criminal cases:

How can co-parents establish common ground concerning discipline?

The way that two parents wish to discipline their children can vary drastically. In fact, differences of opinion about child rearing and discipline have contributed to numerous divorces.

Since this is a potential area of disagreement that could give rise to unwanted post-divorce conflict between the parents, divorcing parents may want to include specific language within their parenting agreements to address differences in parenting styles. At a minimum, parents may want to include language addressing the following:

Mothers: By establishing paternity, you can receive child support

Imagine a fun night of partying led to an unintended result. You became pregnant, and you've chosen to have your child. As a single mother, you also have financial concerns about how you'll pay for the costs associated with raising your child. To make matters worse, the father of your child is denying that he's the dad.

Fortunately, state child support laws require the father of your child to contribute financially to the support of your baby. By filing the necessary court papers, you can conduct DNA testing to establish paternity. Here's what the process of establishing paternity involves:

How to receive a child support modification

Things change after divorce -- including our incomes and life expenses -- and that means the amount you pay or receive in child support may need to change as well. If you think that your child support amount is unfair or needs to increase or decrease, you might want to consider filing a request to modify your child support orders.

Most requests for child support modification must be submitted to the original court that issued your child support decree. In the best of circumstances, the other parent will agree to the child support change beforehand, and filing your petition will be nothing more than a formality to gain court approval. However, many parents will disagree on child support amounts.

How is art divided in a marriage?

People collect many things in life. Sometimes, these things have monetary value and sometimes they have sentimental value. When it comes to dividing these things in a divorce, sometimes – when both spouses are sentimentally attached to something – it can be very difficult to divide them. For example, imagine you have painting hanging over the fireplace and you and your spouse both want to keep during your divorce proceedings. What can you do?

If you owned the painting before your marriage, it's likely that you'll have the right to keep it. If the painting has increased significantly in value during your marriage, you may need to compensate your spouse for part of the amount of the increase.

How 2 single parents communicate is important

Two co-parents who share their child 50-50 will be in constant communication with one another about various parenting matters. As such, it's important for co-parents to establish some ground rules about how they will communicate with one another.

These ground rules – established by including specific language within the parenting agreement – can cover a wide variety of topics. These topics can include not using children as messengers, not getting into arguments about parenting in front of their child and agreeing to obtain the other parent's consent on different topics before giving their child permission to do something. Consider the following:

  • No turning the child into a messenger: The parents agree in advance to communicate with one another directly and not turn the child into a messenger. All communication between the parents will be parent-to-parent.
  • No important discussions or arguments in front of the child: The parents agree not to have discussions about the child in front of the child. This will help support the child's well-being so that the child doesn't feel like he or she is the source of problems between the parents, for example, if the parents get into an argument or heated discussion about the child. Furthermore, the parents will not get into any arguments in front of the child.
  • The parents need to provide consent for the following issues: If the parents get a driver's license or passport for the child, want to change the child's last name, approve of an underage marriage, approve that the child gets a tattoo, piercing or cosmetic medical procedure or approve of the child joining the military, both parents must agree. Barring consent from the other parent, the only way to gain approval for these things is through a court order.

Questions to ask before agreeing to a 50-50 custody split

A 50-50 child custody split – in which the children live with one part half the time and the other parent the rest of the time – sounds like a great idea on the surface. However, this kind of child custody plan could come with a few challenges. Before parents agree to such arrangements, they might want to consider whether they're the best for the children.

If you can answer "yes" to the following question, then – yes – a 50-50 split might be the right match for you and your family.

  • Do you and the other parent live close enough to one another that child custody exchanges will be easy?
  • Do you and the other parent communicate well with one another without the risk of falling into an argument?
  • Is your child emotionally capable and mature enough to live between two homes?
  • Are both you and your ex willing to put the needs of your children first?
  • Do both you and your ex want to have a 50-50 custody split?

Popular 'dabs' and marijuana extracts are felonies in Florida

Florida has taken some incredible strides in recent years to improve its approach to marijuana. Not only did lawmakers approve a bill to regulate agricultural hemp in 2017, they also approved and expanded medical marijuana law last year. Instead of only allowing children with intractible epilepsy to access high-CBD marijuana, the law now permits people with other severe conditions, like PTSD, cancer and HIV/AIDS, to register to legally use medical marijuana.

Some people even hope that the law could soon change to include recreational adult use. However, for most people, the possession of marijuana still remains a serious offense. Even natural-state marijuana in small amounts can result in misdemeanor charges and fines. For those who prefer marijuana concentrates or extracts, the potential penalties are much higher.

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