Clearwater Attorney Blog

What You Should Know about Child Custody

Dean Tsourakis — Fri, 05 Apr 2013 19:43:28 +0000

Whenever a family law issue arises, it’s important to choose an attorney who understands Florida’s new terminology with regard to child custody and visitation. In the 2008 Parenting Bill, the Florida state legislature determined that terms like child custody, visitation, and custodial parent were no longer sufficient to describe parental rights in the aftermath of a divorce or separation.

Although the 2008 Parenting Bill aimed to create a subtle shift in the emphasis of the law, reminding parents that “it takes a village to raise a child,” it has real and tangible consequences for attorneys and, possibly, your own case. The entire paradigm of primary custody with visitation by the other parent has been scrapped, empowering the party formerly known as the “non-custodial parent” (often the father). In an effort to emphasize that parenting is a shared responsibility between both parents, and that they should both be significantly involved in the upbringing of their children, the legislation now refers to child custody as “parental responsibility,” and visitation as “time-sharing.” Neither parent is recognized any longer as a primary child custodian or non-custodial parent.

Time-sharing can be one of the most contentious areas of family law, as the relationship between the two parents can tend to interfere with one or both parents’ rights. If one parent is sabotaging the other parent’s relationship with the child, legal recourse is available in court.

The bottom line is that Florida’s 2008 Parenting Bill makes it increasingly likely for an equitable rearrangement of time-sharing to occur, in accordance with the Court’s judgment of the best interest of the child. It’s important to remember that although divorcing your spouse, you aren’t divorcing your child. The amount of time-sharing you receive will affect your expected child support payments. It’s vital that you consult an experienced family law attorney to represent your legal interests both in court and to your child’s other parent.

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Dean Tsourakis — Tue, 05 Feb 2013 19:01:40 +0000

As well all know there are many websites out there where someone can find legal counsel. Some of them are good resources and others are not so good. Various websites such as Lawyers.com, Martindale.com and others provide listings and information that may or may not be provided by actual consumers or clients of said firm.

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Does Florida Need New License Plates?

Dean Tsourakis — Wed, 17 Oct 2012 20:52:31 +0000

If Rick Scott gets his way, you soon could be attaching a new license plate to the back of your car. The current embossed plates with the iconic orange and either your county or “Sunshine State” printed below could be replaced. The new plates will be flat, have a new font, and will be emblazoned with either “Sunshine State” or the state motto “In God We Trust.”

Scott and his advisers say that every year, the state misses out on $7 million in revenue because toll booth and red light camer as are sometimes unable to read the current license plates. Scott says that the increased dependency on automated machines and cameras make the plates, which will cost $31 million to implement, worthwhile.

However, people in tax assessors offices throughout the state say that they doubt that the change can be implemented easily or cost-effectively. They feel that the changes could cost more money than they would save. Plus, since the new plates will be implemented over a two year period, it would result in a hassle for drivers who have recently gotten new plates, but will have to replace their current ones again. Also, the new design would mean that tens of thousands of the embossed license plates, including 26,000 “Pinellas” plates, will not be sold and will have to be destroyed.

There is also concern about the manufacture of the new plates, which is currently overseen by a local St. Petersburg company, being handed entirely to a private company. At this time, Florida license plates are made in the state’s prisons. The company that oversees production says that they do not have equipment necessary for the new plates.

The new plates raise other questions as well. Many believe that the flat plates will be easier to counterfeit. While Scott insists that the new design can free up funding for education, the number of factors involved in the switch means too many complications that may wind up costing us more while accomplishing little in the end.

What to do when your child gets a DUI?

Dean Tsourakis — Mon, 10 Sep 2012 19:34:43 +0000

If your child is facing DUI charges it is normal to feel angry, embarrassed and scared for their future. A DUI conviction can negatively impact a person for many years, especially financially. Not only can insurance premiums cost much more, but a criminal conviction can stop someone from getting a job, prevent admission to certain schools, and fail the criteria for earning a professional license. A DUI charge is not just a traffic violation. It is a crime. As a parent you will want to support and assist your child the best way you can.

Under Age Drinking is a Crime!

If your child calls you after being arrested, do not make your child explain what happened. In fact, don’t even ask, and don’t let them tell you. Your child is most likely calling from a booking desk, a holding cell, or is standing in front of a police officer and can be over heard. What your child says to you over the phone can be used in determining the outcome of their case. As a parent you need to find out what the charge is and if bond has been set, or if it has not been set, find out when. Explain to your child that they can tell you everything later. Encourage your child not to waive their right to remain silent or to legal counsel.

Once you know how much the bond is, get your child out of jail. The next thing to do is hire the very best lawyer to represent your child. If your child fails to request an administrative license suspension hearing within 10 business days of their arrest, or loses that hearing, he or she will be unable to drive legally for a number of months. The lawyer should be able to represent your child in both the criminal case and the administrative license suspension hearing.

Chances are you will be caught off guard if you receive this phone call from your child but the right attorney can make all the difference not only in building your child’s case, but also in supporting you through an overwhelming time.

Deputies Force DUI Tests without Proper Training

Dean Tsourakis — Wed, 22 Aug 2012 21:35:40 +0000

Just like doctors and teachers, police officers are human and capable of making mistakes just like anyone else.

Like many jobs that require training, officers receive training in the Horizontal Gaze Nystagmus Eye Test and according to the National Highway Traffic Safety Administration, it is one of the three tests used to determine sobriety. This test involves an officer moving a stimulus, often a finger, back and forth in front of the drivers’ eyes, to see if the drivers’ eyes jerk when following the stimulus. There are, of course, things other than alcohol and nervous system depressants which can cause jerking in the eyes. Three to four percent of the general population has nystagmus at all times for reasons other than the consumption of alcohol.¹ Some of these reasons include: influenza, streptococcus infection, measles, aspirin, excessive caffeine, and eye strain.

The HGN Horizontal Gaze Nystagmus test is a very specific test, in that it requires the officer to do very certain things, in specific order, for the test to be considered valid and properly administered.

Pinellas County sheriff’s deputy John Hubbard was transferred to the bailiff from patrol last year after an internal affairs investigation determined his DUI cases lacked important or sufficient information needed to prosecute. Internal affairs officials investigated 38 arrests Deputy Hubbard made between January 2010 and June 2011, all but one of which was for DUI. In 24 of those cases, the investigation found, the DUI charge was either dropped or reduced because the suspect’s blood-alcohol content was barely at or under the legal limit. Internal affairs began investigating Hubbard when the assistant state attorney in charge of misdemeanors at the time, Holly Grissinger, called Lt. Glenn Luben at the Pinellas County Sheriff’s Office and notified him of a list of cases that were “either refusals or a low blow.”

“My intent on this whole phone call was for Deputy Hubbard to receive additional training, specifically with HGN (the horizontal gaze nystagmus eye test) and/or stop doing DUIs,” Grissinger said in a deposition. “His reports were getting shorter and shorter, and he was relying more and more on the in-car video for his actual report.”

During the investigated period, the report found, Hubbard arrested six drivers for DUI whose blood-alcohol content was under .08 and urine tests results for drugs came back clean. On the videos, Hubbard can be seen telling three of those drivers he believes they’re impaired based on their eyes.²

References:

“Standardized Field Sobriety Testing :: The Law Office of …” Insert Name of Site in Italics. N.p., n.d. Web. 22 Aug. 2012 .
“Exclusive: Transferred for bad DUI arrests, Pinellas deputy …” Insert Name of Site in Italics. N.p., n.d. Web. 22 Aug. 2012 .

Child Support Obligations: What to do if you lose your job.

Dean Tsourakis — Wed, 20 Jun 2012 13:53:58 +0000

Don't let your support payments get behind!

In the current atmosphere of economic instability, the possibility of job loss is very real for many people, and a factor that can be largely out of your control. We all do the very best we can to ensure that our children have adequate financial support. However, if we lose our income, or if it is reduced by taking a lower paying job, we often become unable to afford the same child support levels we previously committed to.

In the unfortunate event that you are fired or laid off from your job, it is important to take steps to adjust your monthly child support payments as soon as possible. This is necessary to avoid winding up in arrears on your child support obligations, which can lead to consequences like being held in contempt of court or even losing your driving or professional licenses.

If you lose your job, apply for a modification as soon as possible. Contact us as soon as your income changes so that we can get actions in motion reduce your monthly obligation to something that you are able to afford in your current circumstances.

Adjustments in child support cannot be made on payments that are in arrears. Putting off making adjustments can result in costly back payments that are based on your old salary level. For instance, if you were paying $600 per month based on what you earned before, and you allowed four months to go by without a payment, you would owe $2400, regardless of what your income was over those four months. Handling the issue in a timely manner can prevent crippling back payments during your job search.

No one is immune to economic uncertainty. However, we can reduce the possible problems that come from that uncertainty by dealing with legal issues before they become problems. Contact us right away if you are subject to a child support agreement that is based on a salary that is above what you currently earn.

Could In-Car Breathalyzers for First Time DUI Offenders Come to Florida?

Dean Tsourakis — Tue, 15 May 2012 19:32:19 +0000

If anti-drunk driving advocates prevail, DUI convictions could get a lot more expensive and inconvenient for even first time offenders. Under current Florida law, repeat DUI offenders and those with blood alcohol levels of .15 or above are required to put breathalyzer devices in their cars. Florida is among 47 states that currently have in-car breathalyzer requirements. Eight states currently require the devices for first time offenders.

Earlier this year, lawmakers proposed the Matthew William Beard and Grace Redgate Act, which would require that all convicted DUI offenders install the devices.

As reported by WFTV: A mother from Seminole County who lost a child in a crash spoke in favor of the device at the state Capitol.

Lake Mary High School graduate Matthew Beard is one example of the thousands killed each year at the hands of drunk drivers. He was a senior with one semester left to go when a drunk driver plowed into his car.

His mom urged Florida lawmakers to pass a law named after Beard.

The law would allow judges to order a breathalyzer device called an interlock be placed in the cars of anyone convicted of a DUI. The convicted driver would have to blow into the device to prove he is sober before the car would start.

Right now judges can only order the locks in the most severe DUI cases, such as repeat offenders, drunk drivers with children in the car or DUIs with a blood alcohol level over .15.

“It will absolutely positively without a doubt save lives. It’s been proven in other states,” Russell said.

Studies estimate 50 percent to 75 percent of drunk drivers whose licenses are suspended continue to drive anyway.

Convicted drivers would have to pay $100 to install the devices and $60 per month for monitoring costs.

The act died in the criminal committee in March, but advocacy group MADD has urged the Florida legislature to revisit the bill in the next legislative session.

If you or someone you know is at risk for a DUI conviction in Clearwater, FL call our office. The law offices of Dean Tsourakis are here to protect your rights.

Source: http://www.wftv.com/news/news/local/mom-speaks-out-favor-car-breathalyzer-devices/nJdNy/

Florida Child Support Laws and You

Dean Tsourakis — Tue, 17 Apr 2012 16:59:29 +0000

The welfare of your children is one of the most important concerns in a divorce agreement. Establishing an equitable arrangement with your former spouse that provides adequate support for the kids without an undue hardship on either parent is essential. The state of Florida has a number of laws in place that govern child support agreements.

The state of Florida determines child support amounts using a formula that involves both parents’ income and the number of children. Allowances to pay for health insurance can be included, as well. The amount of child support can be adjusted, if need be. Judges have leeway to go over or under the formula by up to 5%.

Generally, the non-custodial parent will pay child support to the custodial parent. If the children spend a nearly equal amount of time with each parent, child support obligations can be adjusted to reflect that. Florida law does not generally allow parents to waive child support.

Child support can be paid many different ways. Some parents choose to pay one another directly. Child support may also be paid through the State of Florida Depository if it is felt there is a need to keep more accurate records of payments. In some cases, direct deductions from paychecks are set up to cover child support obligations.

Child support is, under Florida law, a separate issue from visitation. Child support can not be withheld in retaliation for a failure to allow proper visitation, and it cannot be avoided by cutting off relations with the child.

There are a number of penalties in place to protect custodial parents when the non-custodial parent fails to pay child support. These can include seizure of tax refunds, loss of professional licenses, suspension of their driver’s license, fines and even imprisonment.

Our Clearwater Child Support Attorneys have the experience and insight to navigate Florida Child Support laws and get the best outcomes for you and your family.

Public Intoxication and Disorderly Conduct

Dean Tsourakis — Thu, 12 Apr 2012 17:38:27 +0000

No American holiday is more closely associated with drinking celebrations than St. Patrick’s Day. People take part in festivities at pubs, private homes and street parties all over the country. However, if things get out of hand, that celebration can come at a cost.

According to Florida state law, it is a second degree misdemeanor to be intoxicated in public and create a public disturbance. The maximum penalty for public intoxication – also known as disorderly intoxication – is 60 days in jail and a $500 fine. Judges have leeway in sentencing, and can permit a defendant to go through pretrial diversion if it is their first offense.

Disorderly conduct is a separate charge that could be added on top of a public intoxication charge. According to Florida state statutes, someone can be charged with disorderly conduct if their behavior causes a safety hazard to those around them. This is also a misdemeanor, punishable by up to one year in jail and a $1000 fine. The charge is often a catch-all charge for when someone’s behavior is disorderly, but does not break any other specific laws.

While it might seem easier to simply plead guilty and pay the fines, you should consider the long-term consequences before choosing that option. Penalties for second and third time offenses are harsher than for first offenses, so, it is better not to have convictions for these charges on your record. The good news is, both of these charges can be successfully challenged in court. Florida’s disorderly conduct laws are somewhat vague. Often, cases are dismissed because the claim that you have caused a danger to others cannot be supported. You should have the support of a criminal lawyer to ensure the best possible outcome in your case. If you or a loved one has been charged with disorderly conduct or public intoxication, talk to one of our lawyers to help preserve your rights and freedom.

What Is a Family Law Attorney?

Dean Tsourakis — Tue, 06 Mar 2012 15:03:06 +0000

Law is a highly specialized field. Because law is such a complex subject, it is imperative to have a lawyer who is intimately familiar with the area of law that you need. Family law attorneys are specialists in legal matters that involve family members such as husbands, wives, children, parents and siblings. With rising divorce rates and many families foregoing marriage altogether, legal family relationships are becoming more complex. Family law attorneys have the training and experience to help you navigate the legally complex and often emotionally difficult legal situations that can arise between family members.

Some of the most common issues that family law attorneys will handle include issues such as divorce, adoption, child custody, and elder care. The guidance of a family law attorney is beneficial when setting up legal family arrangements, such as visitation arrangements for non-custodial parents or grandparents. Family lawyers can draw up legal documents that protect family members’ rights, such as prenuptial agreements. They can help navigate mediation, file legal documents on your behalf, and, if necessary, represent you in court. Family lawyers carefully and skillfully guide their clients through stressful interactions, giving support, negotiating fair outcomes and helping preserve their clients’ rights.

Laws that govern family rights and responsibilities are different in each state. There are a number of rules and laws that are specific to family law in the state of Florida. For instance, Florida is a “no-fault” divorce state. This has a large impact on what someone can expect to happen during divorce proceedings. It is important to be sure that your lawyer has ample experience navigating the laws in the state of Florida to ensure that you are getting the best, most informed, representation.

Dean Tsourakis is a Family Law Attorney in the Clearwater, Palm Harbor, Dunedin area.