STRUCTURING YOUR MUSCOGEE COUNTY, GEORGIA SHARED PARENTING PLAN TO BEST SERVE THE INTERESTS OF YOUR AUTISTIC CHILD
One of the more problematic issues of drafting a shared parenting plan for an Autistic child involves the need to provide therapies and programs which exceed standard parenting responsibilities. Often finances are an issue. Unfortunately, sometimes the goal the Georgia divorce or legal separation is a desire to escape the responsibilities of special needs parenthood.
When negotiating shared parenting agreements between Columbus, Muscogee County,
Georgia or Hamilton , Harris County, Georgia divorcing parents of special needs Autistic children there are basic concepts that should be considered.
Columbus, Georgia legally separated parents and Hamilton, Georgia divorcing parents with an autistic child want to do everything they can in the midst of their domestic relations litigation to protect their child from that divorce or legal separation litigation.. A
Georgia parent’s effort to keep their child removed from litigation is likely to be a factor considered by the Muscogee County or Harris County or Chattahoochee County superior court judge in determining shared parental custody. Compassionately, they don’t want to place their children in circumstances that frighten them such as some social settings.. Nevertheless, setting the children up in a program or providing them with social activities can help them to learn how to manage their social anxieties.
First it’s necessary to be sure that there are therapy programs appropriately qualified to deal with the specific Autistic child’s social anxiety and functional capacities. Every Autistic child is different and functions at a different level with a wide range of variation. It’s also important to remember that the sooner the child is enrolled in a therapy program, the more a significant difference it can make in alleviating their social anxiety.
Visitation provisions in final orders should mandate a component for quality parenting time which would include playtime where they will be able to learn to make friends and how to interact with others. This play activity is very important to getting over their social anxiety. The activities should include something fun. For example, having children play an appropriate aged-level board game. This can help your child to learn how to interact with others.
Secondary caregivers, significant others and second family members need to be aware that many children with Autism have difficulty when it comes to understanding how another individual feels. This influences how they are able to interact with others. One way to help them with this is to use picture cards of characters with different facial expressions and posture. Once they understand how others may possibly feel by facial expressions and body language, they will more easily interact with others. This may not happen overnight. Don’t be discouraged.
There seem to be many things Columbus Georgia or Hamilton Georgia parents can work on with their Autistic children to help them manage the social anxieties they face. There seems to be no greater social anxiety than that of experiencing a second family or acclimating to a series of rotating significant others or momentary girlfriends. Most children with Autism simply lack the ability to react to change in a calm manner. The child, if given the opportunity to become social, may simply wander off to be by themselves.
It is generally believed that approximately sixty percent of second marriages end in divorce. It can be assumed that when Columbus, Georgia or Fort Benning, Georgia remarried parents are tasked with parenting special needs children the percentage of divorce is likely to be higher.
To be successful in helping the Autistic child, the most important thing that the shared parenting provisions of the final order can do is to create an atmosphere where both parents can provide quality care, recognize the need for all caregivers to have the necessary education, competency level and concern and provide safe stable and emotionally comfortable environment under all the prevailing special needs circumstances. The custody order can restrict forcing social activities on Autistic children however, it should make sure that both parents have the opportunity to enjoy and experience such social activities with the child as the functional level of the child will tolerate. The same is true for his/her social activities with the secondary families and significant others. Whether it is sitting down to dinner with the family or going over to a friends house to play, having a care giver who understands the child’s special needs is essential to ensure the child is as comfortable as possible.
When Columbus, Georgia or Fort Benning, Georgia special needs parents co-parent autistic children successfully they create a unified front and coordinate a plan which involves a joint approach to meticulously explain to the child the step by step events of the child’s structured environment i.e., what is going to happen and where they are going. Surprises, while exciting for the Columbus or Hamilton, Georgia parents of mainstream children, are inappropriate for their Autistic children and should not be shoved upon them.
The Muscogee County, Georgia family lawyers and Harris County, Georgia divorce attorneys at Brawer, Hirsch and Associates, P.A. (www.brawerhirschlaw.com) draft into most of their suggested final orders plans for their Columbus or Fort Benning parents of special needs children to have a “face to face” monthly meeting to address the issues of parenting. The more productive and cooperative the parents are in creating a compatible unified front the better they can serve the serve the interests of their special needs Autistic child.
Visit us at http://www. Brawerhirschlaw.com for more information for dealing with issues involving special needs children.
Brawer, Hirsch and Associates.a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed 706 324-4444 or 24/7 or toll free. at 877-895-7572.
Thursday, December 29, 2011
COLUMBUS, GEORGIA POST-DIVORCE JUDGMENT CONSIDERATIONS FOR SPECIAL NEEDS CHILDREN
COLUMBUS, GEORGIA POST-DIVORCE JUDGMENT CONSIDERATIONS FOR SPECIAL NEEDS CHILDREN
In order to properly address the issues facing parents of special needs children following your Muscogee County, Georgia Superior Court or Harris County, Georgia final judgment of divorce it is imperative that the litigating parties either employ a Columbus, Georgia or Hamilton, Georgia divorce lawyer knowledgeable in special needs divorce issues or make their Muscogee County, Georgia or Harris County Georgia divorce attorney aware of certain realities.
Most marriages which end in divorce or legal separation are going to result in less of a “co- parenting partnership” than before. One party will likely carry a greater burden of responsibility with the special needs child. This will commonly be true even if the parties agree in their final judgment to shared parental responsibility. Therefore, emphasis should be placed on specific provisions for transportation, therapy attendance, medical care appointment attendance and support for school and vocational programs.
The U.S. Census Bureau recently stated that nearly 16.5% of all people with disabilities in the U.S. leave their home two days per week or less. That constitutes nearly 11 million people that are not traveling at all. If this figure is fully appreciated your Columbus, Georgia or Hamilton, Georgia divorce lawyer should address this reality in calculating child support.. If you are going to be the parent in whose home your special needs child will be predominately and constantly in residence, this should be addressed at trial or in mediation.
Brawer, Hirsch and Associates, a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed 706 324-4444 or 24/7 or toll free. at 877-895-7572.
In order to properly address the issues facing parents of special needs children following your Muscogee County, Georgia Superior Court or Harris County, Georgia final judgment of divorce it is imperative that the litigating parties either employ a Columbus, Georgia or Hamilton, Georgia divorce lawyer knowledgeable in special needs divorce issues or make their Muscogee County, Georgia or Harris County Georgia divorce attorney aware of certain realities.
Most marriages which end in divorce or legal separation are going to result in less of a “co- parenting partnership” than before. One party will likely carry a greater burden of responsibility with the special needs child. This will commonly be true even if the parties agree in their final judgment to shared parental responsibility. Therefore, emphasis should be placed on specific provisions for transportation, therapy attendance, medical care appointment attendance and support for school and vocational programs.
The U.S. Census Bureau recently stated that nearly 16.5% of all people with disabilities in the U.S. leave their home two days per week or less. That constitutes nearly 11 million people that are not traveling at all. If this figure is fully appreciated your Columbus, Georgia or Hamilton, Georgia divorce lawyer should address this reality in calculating child support.. If you are going to be the parent in whose home your special needs child will be predominately and constantly in residence, this should be addressed at trial or in mediation.
Brawer, Hirsch and Associates, a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed 706 324-4444 or 24/7 or toll free. at 877-895-7572.
Wednesday, December 28, 2011
CREATING A GEORGIA SHARED PARENTING PLAN AND CHILD SUPPORT CONSIDERATIONS
DEALING WITH THE UNKNOWNS WHEN CREATING A GEORGIA SHARED PARENTING PLAN AND CHILD SUPPORT CONSIDERATIONS
When speaking with your Columbus Muscogee County Georgia family lawyer or your Hamilton Harris County Georgia divorce attorney about support and long range parenting issues there will always be unknowns, especially when dealing with special needs children.
Child support in Georgia domestic relations cases or Department of Revenue Support Enforcement actions provide for support until age eighteen (18). However, there is an exception for children who are not able to become emancipated. That is to say, they will not be able to support themselves or live on their own as a result of a special needs disability.
Does that special needs exception define your child? It is imperative that before your special needs child turns eighteen (18) you must address this matter with your Chattahoochee County Georgia family lawyer or Columbus Georgia child support attorney.
Then there are the unknown factors of planning around longevity issues.
Wise parents handle statistics and medical predictions by:
●Emphasizing that significant medical progress is being made in almost all areas, and that health and longevity are increasing for almost all illnesses.
●Realizing that for all individuals, the future is unknown. Many lives are shortened by unexpected illness and traumatic events.
●Encouraging their children to believe that they have every chance of being one of those children "who fall on the high side of the bell curve because you take such good care of yourself."
●Understanding that the quality of a life is measured not by its length, but by the amount of love, accomplishment, and giving that fills it.
●Understanding that worrying about the future and chewing on the mistakes of yesterday rob both today and tomorrow. The resulting hopelessness, negativity, and worry can shorten lives and certainly diminish the quality of life.
●Believing that those who bravely face life's obstacles build a character that not only leads them to be more capable people and leaders, but sets an example that enhances the lives of all with whom they come in contact.
Theses considerations can form the basis of a former couples shared parenting plan for their special needs child.
While it is true there will be unknowns, all shared parenting plans are subject to modification based upon a substantial change of circumstances that were both unforeseeable at the time of the last custody award and which materially effect the best interests of the minor child.
The Columbus Muscogee County Georgia family and child support lawyers at attorneys at Brawer, Hirsch and Associates, P.A.(www.brawerhirschlaw.com) are available to guide you through the complexities of child support and supplemental petitions for modification of existing support orders or existing time sharing plans.
Brawer, Hirsch and Associates. a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special questions addressed or email dh@bhalaws.com.
When speaking with your Columbus Muscogee County Georgia family lawyer or your Hamilton Harris County Georgia divorce attorney about support and long range parenting issues there will always be unknowns, especially when dealing with special needs children.
Child support in Georgia domestic relations cases or Department of Revenue Support Enforcement actions provide for support until age eighteen (18). However, there is an exception for children who are not able to become emancipated. That is to say, they will not be able to support themselves or live on their own as a result of a special needs disability.
Does that special needs exception define your child? It is imperative that before your special needs child turns eighteen (18) you must address this matter with your Chattahoochee County Georgia family lawyer or Columbus Georgia child support attorney.
Then there are the unknown factors of planning around longevity issues.
Wise parents handle statistics and medical predictions by:
●Emphasizing that significant medical progress is being made in almost all areas, and that health and longevity are increasing for almost all illnesses.
●Realizing that for all individuals, the future is unknown. Many lives are shortened by unexpected illness and traumatic events.
●Encouraging their children to believe that they have every chance of being one of those children "who fall on the high side of the bell curve because you take such good care of yourself."
●Understanding that the quality of a life is measured not by its length, but by the amount of love, accomplishment, and giving that fills it.
●Understanding that worrying about the future and chewing on the mistakes of yesterday rob both today and tomorrow. The resulting hopelessness, negativity, and worry can shorten lives and certainly diminish the quality of life.
●Believing that those who bravely face life's obstacles build a character that not only leads them to be more capable people and leaders, but sets an example that enhances the lives of all with whom they come in contact.
Theses considerations can form the basis of a former couples shared parenting plan for their special needs child.
While it is true there will be unknowns, all shared parenting plans are subject to modification based upon a substantial change of circumstances that were both unforeseeable at the time of the last custody award and which materially effect the best interests of the minor child.
The Columbus Muscogee County Georgia family and child support lawyers at attorneys at Brawer, Hirsch and Associates, P.A.(www.brawerhirschlaw.com) are available to guide you through the complexities of child support and supplemental petitions for modification of existing support orders or existing time sharing plans.
Brawer, Hirsch and Associates. a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special questions addressed or email dh@bhalaws.com.
CONSIDERING THE DECISION TO DISSOLVE THE MARRIAGE FOR GEORGIA PARENTS OF SPECIAL NEEDS CHILDREN
CONSIDERING THE DECISION TO DISSOLVE THE MARRIAGE FOR GEORGIA PARENTS OF SPECIAL NEEDS CHILDREN
For any Georgia divorce, there is little escape from the emotional carnage which is the divorce of parents of special needs children. It is hardly the job of the attorney to act as marriage therapist. However, in the family law field the term “counselor at law” has significant meaning. The difficulties of raising a special needs child is magnified by dissolution of marriage.
Jill Curtis, a senior psychotherapist working in the UK, the author of four books: Where's Daddy? Separation and Your Child, Find Your Way Through Divorce, Does Your Child Have a Hidden Disability? and Making and Breaking Families. (www. Family Onwards.com) in her article “For Families of Children with Special Needs” writes:
“As parent of a child with a disability or with special needs you will be only too aware of all the challenges you encounter when you try to get the best help you can for your child. Sadly the list of problems faced by so many children, and their families, never seems to end. Each disability brings with it its own special concerns, but there are many issues which parents share in common.
There is understandably the shock and disbelief on learning that your child is in anyway disadvantaged or handicapped. It is very hard to accept that this is so. And quite usual at the beginning for parents to block from their thoughts the fact that their child is going to need extra help and will have to be cared for in a special way, perhaps for life. It is as if denial of the problem will make it go away. If only that were so.
The gradual acceptance of the situation is very painful. You may still be agonizing over the question of whether you or your partner are somehow to blame for your child’s condition. All parents go through this kind of anguish. There is a desperate desire to blame somebody.
You may already have felt the deep anger experienced by almost every mother or father in this situation that it should be your child who will have to struggle with a physical, an emotional, or a mental disability. You will be know the sickening fear of wondering if you can cope with what you are hearing.
Practically all families wish to do the best for their child, often against tremendous odds. And top of the list for most parents must be to find the best healthcare available. But parents so often run up against a brick wall when trying to get a diagnosis about what is happening to their child. Some physical handicaps are recognized from birth, some children develop an illness which produces them, while some disabilities are more insidious and gradually become apparent as the child gets older and reaches different developmental milestones. It can often be difficult at the beginning to put your finger on just what is worrying you about your child. It can be even harder to know where to turn for guidance or information, with the result that you feel totally lost, and quite alone with your distress.
We all like to think that in our ‘caring society’ today all the help which is needed is on offer. Unhappily that is not usually the experience of mothers and fathers who desperately seek the advice and support they need to help their child in the circumstances I am discussing.
What is the best way to proceed? The first thing is to get as much information as you can about the specific condition which has aroused your concern. Today with the Internet there is more detailed information available to us than previously. Once you can arm yourself with some knowledge about your child’s needs you are in a stronger position to stand firm against the red tape and possible indifference you may meet on the road ahead.
The more facts you have at your disposal, the more confidence you will have to advocate for your child. This is important from day one, and will become even more so when there are battles to be fought about education and other help required such as physiotherapy, occupational therapy, speech and language therapy or psychotherapy. Lack of funds is often given as an excuse why some services are not available. Do not take this lying down. Ask questions, and go on asking them.
You may need help in getting the right equipment, finding ways of entertaining your baby or child, and even in gaining some respite for yourself. Do not fall into the way of thinking that only you, and you alone, can care for your child. A worn-out parent will be little help, and especially if you have other children to care for it must be kept in mind that they need time with their mom or dad too. So get assistance before you crack under the pressure.
Remember, too, that having a child with special needs can put an additional strain on any marriage, so try your hardest to get out from the home together for a little while, even if only for the occasional meal. Make sure you talk to each other about your fears and worries. Talk to other people too. Talk to the neighbors, talk to the local school and any local groups. Set up a roster of family or friends who will give you a short break. Look for local charities and organizations who will be only too glad to find people to help you and your child. This will have the added advantage that it will gain local awareness for a particular disability. Ask at the local schools or colleges if some of the older students will come in and play with your child for a while. However, screen the students carefully as this poses certain risks which may have dire consequences.
Try to link up with an organization which has specialist information about your child’s disability. You will find the tips they can give you will be invaluable. Make sure you know your child’s rights about education, and search out information about Special Needs’ playgrounds. Chat online to other parents who share your concerns, and learn from other parents who have already fought some of the battles which you foresee ahead. One parent said to me this week ‘My advice for new parents? Tell them never take "no" for an answer’. So find your voice and make yourself heard - whether it is to a medical, or educational professional. Your child deserves nothing less.
On the Internet you will log onto information about all kinds of disabilities, as well as getting backup for yourself as a parent, so click onto any support group you can.”
Columbus Georgia Divorce Attorneys who care encourage their special needs clients to consider all aspects of the cause of their marital separation. The Muscogee County, Georgia or Hamilton Harris County Lawyer must make sure the clients are seeing a realistic picture of their future as the divorced parents of a special needs child. Being sure that they understand the critical elements of the hardships marriages commonly face as outlined in Jill Curtis’s article above will assure that the client is taking a knowledgeable approach to their dissolution of marriage action.
Brawer, Hirsch and Associates. a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed 706 324-4444 or 24/7 or toll free. at 877-895-7572.
For any Georgia divorce, there is little escape from the emotional carnage which is the divorce of parents of special needs children. It is hardly the job of the attorney to act as marriage therapist. However, in the family law field the term “counselor at law” has significant meaning. The difficulties of raising a special needs child is magnified by dissolution of marriage.
Jill Curtis, a senior psychotherapist working in the UK, the author of four books: Where's Daddy? Separation and Your Child, Find Your Way Through Divorce, Does Your Child Have a Hidden Disability? and Making and Breaking Families. (www. Family Onwards.com) in her article “For Families of Children with Special Needs” writes:
“As parent of a child with a disability or with special needs you will be only too aware of all the challenges you encounter when you try to get the best help you can for your child. Sadly the list of problems faced by so many children, and their families, never seems to end. Each disability brings with it its own special concerns, but there are many issues which parents share in common.
There is understandably the shock and disbelief on learning that your child is in anyway disadvantaged or handicapped. It is very hard to accept that this is so. And quite usual at the beginning for parents to block from their thoughts the fact that their child is going to need extra help and will have to be cared for in a special way, perhaps for life. It is as if denial of the problem will make it go away. If only that were so.
The gradual acceptance of the situation is very painful. You may still be agonizing over the question of whether you or your partner are somehow to blame for your child’s condition. All parents go through this kind of anguish. There is a desperate desire to blame somebody.
You may already have felt the deep anger experienced by almost every mother or father in this situation that it should be your child who will have to struggle with a physical, an emotional, or a mental disability. You will be know the sickening fear of wondering if you can cope with what you are hearing.
Practically all families wish to do the best for their child, often against tremendous odds. And top of the list for most parents must be to find the best healthcare available. But parents so often run up against a brick wall when trying to get a diagnosis about what is happening to their child. Some physical handicaps are recognized from birth, some children develop an illness which produces them, while some disabilities are more insidious and gradually become apparent as the child gets older and reaches different developmental milestones. It can often be difficult at the beginning to put your finger on just what is worrying you about your child. It can be even harder to know where to turn for guidance or information, with the result that you feel totally lost, and quite alone with your distress.
We all like to think that in our ‘caring society’ today all the help which is needed is on offer. Unhappily that is not usually the experience of mothers and fathers who desperately seek the advice and support they need to help their child in the circumstances I am discussing.
What is the best way to proceed? The first thing is to get as much information as you can about the specific condition which has aroused your concern. Today with the Internet there is more detailed information available to us than previously. Once you can arm yourself with some knowledge about your child’s needs you are in a stronger position to stand firm against the red tape and possible indifference you may meet on the road ahead.
The more facts you have at your disposal, the more confidence you will have to advocate for your child. This is important from day one, and will become even more so when there are battles to be fought about education and other help required such as physiotherapy, occupational therapy, speech and language therapy or psychotherapy. Lack of funds is often given as an excuse why some services are not available. Do not take this lying down. Ask questions, and go on asking them.
You may need help in getting the right equipment, finding ways of entertaining your baby or child, and even in gaining some respite for yourself. Do not fall into the way of thinking that only you, and you alone, can care for your child. A worn-out parent will be little help, and especially if you have other children to care for it must be kept in mind that they need time with their mom or dad too. So get assistance before you crack under the pressure.
Remember, too, that having a child with special needs can put an additional strain on any marriage, so try your hardest to get out from the home together for a little while, even if only for the occasional meal. Make sure you talk to each other about your fears and worries. Talk to other people too. Talk to the neighbors, talk to the local school and any local groups. Set up a roster of family or friends who will give you a short break. Look for local charities and organizations who will be only too glad to find people to help you and your child. This will have the added advantage that it will gain local awareness for a particular disability. Ask at the local schools or colleges if some of the older students will come in and play with your child for a while. However, screen the students carefully as this poses certain risks which may have dire consequences.
Try to link up with an organization which has specialist information about your child’s disability. You will find the tips they can give you will be invaluable. Make sure you know your child’s rights about education, and search out information about Special Needs’ playgrounds. Chat online to other parents who share your concerns, and learn from other parents who have already fought some of the battles which you foresee ahead. One parent said to me this week ‘My advice for new parents? Tell them never take "no" for an answer’. So find your voice and make yourself heard - whether it is to a medical, or educational professional. Your child deserves nothing less.
On the Internet you will log onto information about all kinds of disabilities, as well as getting backup for yourself as a parent, so click onto any support group you can.”
Columbus Georgia Divorce Attorneys who care encourage their special needs clients to consider all aspects of the cause of their marital separation. The Muscogee County, Georgia or Hamilton Harris County Lawyer must make sure the clients are seeing a realistic picture of their future as the divorced parents of a special needs child. Being sure that they understand the critical elements of the hardships marriages commonly face as outlined in Jill Curtis’s article above will assure that the client is taking a knowledgeable approach to their dissolution of marriage action.
Brawer, Hirsch and Associates. a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed 706 324-4444 or 24/7 or toll free. at 877-895-7572.
Cerebral Palsey Article
ADDRESSING THE ISSUES OF FUTURE CHALLENGES IN DIVORCES INVOLVING CHILDREN WITH CEREBRAL PALSY
Columbus,Georgia special needs divorce attorneys should be aware as they address the martial settlement agreements which involve the birth of a child with Cerebral Palsy challenges, that there exist unknown factors which should be taken into consideration.
Sheena L. Carter, Ph.D. an applied developmental psychologist specializing in infant development. and assistant professor in the Department of Pediatrics, Division of Neonatology, with Emory School of Medicine in Atlanta, Georgia. Diagnosis of Cerebral Palsy writes:
“Cerebral Palsy (CP) simply means that there has been some injury to the brain during development which has resulted in difficulty transmitting the necessary impulses from the brain to the muscles for coordinated movement.
Many children born prematurely will develop some movement difficulties related to early neurological injury. These impairments emerge slowly over time and are typically not evident during the newborn period. Most mild motor abnormalities noticeable during the first few months of life will improve and may completely resolve with time. When motor impairment persists, a diagnosis of cerebral palsy may be considered. About 10% of children born at birth weights of less than 1000 grams will eventually receive a diagnosis of cerebral palsy (McCarton, et. al, 1996; O'Shea, et. al, 1998), a permanent condition. Diagnosing cerebral palsy in children born prematurely is often a difficult process which requires observing the child's development over time.
For a diagnosis of CP, the following are necessary:
1) Movement of muscles has to be adversely affected.
As voluntary control of the muscles develops with age, it takes time to determine whether and to what extent movement of the muscles has been affected by brain damage (which may or may not have been detected neonatally). Even with significant PVL or other injury known to be related to cerebral palsy, cerebral palsy will not be diagnosed unless and until movement is affected.
2) The motor impairment has to be due to a neurological injury.
That is, the source of the problem is at the level of brain functioning, rather than being due to a problem with another part of the motor system such as the spinal cord or muscle. Neurological injury may not be apparent using imaging techniques, however, and may be assumed from associated signs and symptoms.
3) The injury or lesion must be static (not getting worse, but no longer resolving).
A diagnosis of cerebral palsy is not given if the source of the problem is a progressive or deteriorating neurological condition. Although relatively rare, it is important to rule out such conditions as treatment options may be very different. Because of the amazing ability of the very young brain to recover from injury, it is also important to wait until the healing process is complete before diagnosing a permanent condition.
The level of impairment may increase with development for children with cerebral palsy. That is, as a child develops, the impaired use of a muscle or muscle group can become more apparent as he or she is unable to keep up with age expectations. As the demands increase, the impairment becomes more obvious. This is the impairment which is becoming worse with time; the injury to the brain remains the same.
4) The injury has to occur while the motor system is still developing (usually before, during, or right after birth).
For premature infants, the injuries resulting in CP are thought to most often happen during the peri-natal period (right around the time of birth). For some children, however, the injury may have happened prenatally; for others, injury may have happened during the neonatal period. It can be very difficult to determine exactly when the injury occurred.
5) The impairment in movement does not resolve with time.
Many children with motor problems during infancy do "grow out of" their symptoms, even after the first year of life. This is not considered to have been cerebral palsy. (There are a variety of other motor problems associated with prematurity.) For this reason, medical professionals tend to be very cautious about diagnosing mild to moderate cerebral palsy in prematurely born children during infancy.”
Rushing to a conclusion before a definitive diagnosis of Cerebral Palsy has been made by pediatric medical providers brings problems long into the future. Be sure your Weston Florida family lawyer has a clear understanding of Cerebral Palsy and is prepared to do all that he/she can to prove a diagnosis for consideration at mediation or trial..
Brawer, Hirsch and Associates. P.A. has been representing the legal needs of divorcing parents of special needs children for almost 40 years in Broward, Miami-Dade and Palm Beach counties of Florida, Muscogee, Harris and Chattahoochee counties of Georgia and Russell, Lee and Barbour counties of Alabama. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired) was a fellow of the American Academy of Matrimonial Lawyers, was board certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms in Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed by phoning 706 324-4444 or toll free at 877-895-7572 or view our web page at www.brawerhirschlaw.com.
Columbus,Georgia special needs divorce attorneys should be aware as they address the martial settlement agreements which involve the birth of a child with Cerebral Palsy challenges, that there exist unknown factors which should be taken into consideration.
Sheena L. Carter, Ph.D. an applied developmental psychologist specializing in infant development. and assistant professor in the Department of Pediatrics, Division of Neonatology, with Emory School of Medicine in Atlanta, Georgia. Diagnosis of Cerebral Palsy writes:
“Cerebral Palsy (CP) simply means that there has been some injury to the brain during development which has resulted in difficulty transmitting the necessary impulses from the brain to the muscles for coordinated movement.
Many children born prematurely will develop some movement difficulties related to early neurological injury. These impairments emerge slowly over time and are typically not evident during the newborn period. Most mild motor abnormalities noticeable during the first few months of life will improve and may completely resolve with time. When motor impairment persists, a diagnosis of cerebral palsy may be considered. About 10% of children born at birth weights of less than 1000 grams will eventually receive a diagnosis of cerebral palsy (McCarton, et. al, 1996; O'Shea, et. al, 1998), a permanent condition. Diagnosing cerebral palsy in children born prematurely is often a difficult process which requires observing the child's development over time.
For a diagnosis of CP, the following are necessary:
1) Movement of muscles has to be adversely affected.
As voluntary control of the muscles develops with age, it takes time to determine whether and to what extent movement of the muscles has been affected by brain damage (which may or may not have been detected neonatally). Even with significant PVL or other injury known to be related to cerebral palsy, cerebral palsy will not be diagnosed unless and until movement is affected.
2) The motor impairment has to be due to a neurological injury.
That is, the source of the problem is at the level of brain functioning, rather than being due to a problem with another part of the motor system such as the spinal cord or muscle. Neurological injury may not be apparent using imaging techniques, however, and may be assumed from associated signs and symptoms.
3) The injury or lesion must be static (not getting worse, but no longer resolving).
A diagnosis of cerebral palsy is not given if the source of the problem is a progressive or deteriorating neurological condition. Although relatively rare, it is important to rule out such conditions as treatment options may be very different. Because of the amazing ability of the very young brain to recover from injury, it is also important to wait until the healing process is complete before diagnosing a permanent condition.
The level of impairment may increase with development for children with cerebral palsy. That is, as a child develops, the impaired use of a muscle or muscle group can become more apparent as he or she is unable to keep up with age expectations. As the demands increase, the impairment becomes more obvious. This is the impairment which is becoming worse with time; the injury to the brain remains the same.
4) The injury has to occur while the motor system is still developing (usually before, during, or right after birth).
For premature infants, the injuries resulting in CP are thought to most often happen during the peri-natal period (right around the time of birth). For some children, however, the injury may have happened prenatally; for others, injury may have happened during the neonatal period. It can be very difficult to determine exactly when the injury occurred.
5) The impairment in movement does not resolve with time.
Many children with motor problems during infancy do "grow out of" their symptoms, even after the first year of life. This is not considered to have been cerebral palsy. (There are a variety of other motor problems associated with prematurity.) For this reason, medical professionals tend to be very cautious about diagnosing mild to moderate cerebral palsy in prematurely born children during infancy.”
Rushing to a conclusion before a definitive diagnosis of Cerebral Palsy has been made by pediatric medical providers brings problems long into the future. Be sure your Weston Florida family lawyer has a clear understanding of Cerebral Palsy and is prepared to do all that he/she can to prove a diagnosis for consideration at mediation or trial..
Brawer, Hirsch and Associates. P.A. has been representing the legal needs of divorcing parents of special needs children for almost 40 years in Broward, Miami-Dade and Palm Beach counties of Florida, Muscogee, Harris and Chattahoochee counties of Georgia and Russell, Lee and Barbour counties of Alabama. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired) was a fellow of the American Academy of Matrimonial Lawyers, was board certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms in Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed by phoning 706 324-4444 or toll free at 877-895-7572 or view our web page at www.brawerhirschlaw.com.
Tuesday, December 27, 2011
Staying in a Failed Marriage
My of our Florida dissolution of marriage clients and our Georgia and Alabama divorce clients labor under a morally based misconception of how the courts and the laws of these states treat the concept of leaving their spouse. The basic Judeo Christian concepts which much of the country has historically followed would imply that the moral imperative is to stay with a bad marriage for the sake of either saving the relationship or serving the best interests of the children.
In the seventies however, most communities, in one form or another, determined that it was in the best interests of the children for them to escape the bickering and animosity of a failed marriage partnership. We may have learned through the years that may not have been the case or the preference of the children. Nevertheless the result was the addition of “no fault” grounds as a means of obtaining a divorce.
However with the advent of “no fault grounds” came another concept, to wit, that if the spouse could have easily have ended the marriage without fault and chose not to, it was because that spouse was enjoying the benefits of the marriage relationship. Forget that the spouse may have been routinely victimized, abused, taken for granted or left to assume both parenting roles or was burdened with the role of sole provider in a tough economy.
The rewards of heaven bestowed upon those who patiently endure in silence or otherwise, the pangs of a failed marriage are better sought celestially rather than in the earthly courts of man. In the circuit courts of Broward, Miami-Dade or Palm Beach counties of Florida and circuit courts of the Circuit Courts of Russell and Lee counties of Alabama or the superior courts of Muscogee and Harris counties of Georgia, there are no such rewards. In fact, all of these courts penalize the spouse who stays.
In Florida alimony has been quantified by the length of a marriage. Marriages of over seven years provide for alimony not related to transitional reestablishment or rehabilitation for up to the length of the marriage, to wit "durational alimony”. Marriages of over seventeen years provide for permanent alimony. No one asks if you were happy, if you had a supportive or compatible spouse or if you were afraid to leave. They simply make the assumptions set forth above, to wit, if you stayed you had a beneficial reason for doing so which subjects you to alimony.
In Florida “fault” is not generally admitted into evidence when determining alimony although the statute continues to state that it is a factor. In truth it is virtually irrelevant if not related to the wasting of marital assets. While it cannot be determined that a better relationship with your children will result from your “hanging in there”, it can certainly be said that you will generally pay for those years twice.
Our basic legal advice: Recognize and be willing to acknowledge when you are living in a marriage which no longer shares common goals, common interests or sees the future in a common or compatible fashion. Then take action by making a conscientious effort to resolve that though intensive group type therapy, family therapy or personal growth and marriage growth programs. Find every means available to become empathetic of the pain which your behavior brings into the life of your spouse and fix these problems. If they cannot be fixed then call your Florida family lawyer, your Georgia domestic relations attorney or your Alabama matrimonial attorney and take steps to end the relationship as soon thereafter as possible. It is outrageous to ever tell your children you stayed in the failed marriage because of them. What a cruel burden to place on their shoulders! Acknowledge that its time to leave, take action and call today 954 522-1922 in FL or 706 324-4444 in GA or AL. or email dh@bhalaws.com or dlhirschpc@aol.com or visit our website a www.brawerhirschlaw.com.
In the seventies however, most communities, in one form or another, determined that it was in the best interests of the children for them to escape the bickering and animosity of a failed marriage partnership. We may have learned through the years that may not have been the case or the preference of the children. Nevertheless the result was the addition of “no fault” grounds as a means of obtaining a divorce.
However with the advent of “no fault grounds” came another concept, to wit, that if the spouse could have easily have ended the marriage without fault and chose not to, it was because that spouse was enjoying the benefits of the marriage relationship. Forget that the spouse may have been routinely victimized, abused, taken for granted or left to assume both parenting roles or was burdened with the role of sole provider in a tough economy.
The rewards of heaven bestowed upon those who patiently endure in silence or otherwise, the pangs of a failed marriage are better sought celestially rather than in the earthly courts of man. In the circuit courts of Broward, Miami-Dade or Palm Beach counties of Florida and circuit courts of the Circuit Courts of Russell and Lee counties of Alabama or the superior courts of Muscogee and Harris counties of Georgia, there are no such rewards. In fact, all of these courts penalize the spouse who stays.
In Florida alimony has been quantified by the length of a marriage. Marriages of over seven years provide for alimony not related to transitional reestablishment or rehabilitation for up to the length of the marriage, to wit "durational alimony”. Marriages of over seventeen years provide for permanent alimony. No one asks if you were happy, if you had a supportive or compatible spouse or if you were afraid to leave. They simply make the assumptions set forth above, to wit, if you stayed you had a beneficial reason for doing so which subjects you to alimony.
In Florida “fault” is not generally admitted into evidence when determining alimony although the statute continues to state that it is a factor. In truth it is virtually irrelevant if not related to the wasting of marital assets. While it cannot be determined that a better relationship with your children will result from your “hanging in there”, it can certainly be said that you will generally pay for those years twice.
Our basic legal advice: Recognize and be willing to acknowledge when you are living in a marriage which no longer shares common goals, common interests or sees the future in a common or compatible fashion. Then take action by making a conscientious effort to resolve that though intensive group type therapy, family therapy or personal growth and marriage growth programs. Find every means available to become empathetic of the pain which your behavior brings into the life of your spouse and fix these problems. If they cannot be fixed then call your Florida family lawyer, your Georgia domestic relations attorney or your Alabama matrimonial attorney and take steps to end the relationship as soon thereafter as possible. It is outrageous to ever tell your children you stayed in the failed marriage because of them. What a cruel burden to place on their shoulders! Acknowledge that its time to leave, take action and call today 954 522-1922 in FL or 706 324-4444 in GA or AL. or email dh@bhalaws.com or dlhirschpc@aol.com or visit our website a www.brawerhirschlaw.com.
Sunday, December 25, 2011
HOW TO SUCCEED IN A FL GA OR AL PARENTAL TIME SHARING PLAN OR CUSTODY AGREEMENT
HOW TO SUCCEED IN A FL GA OR AL PARENTAL TIME SHARING PLAN OR CUSTODY AGREEMENT
This article is for Brawer, Hirsch and Associates P.A. clients who are highly invested in making their South Florida, West Georgia or East Alabama time sharing and custody agreements successful. It’s for those of our Fort Lauderdale FL, Columbus Georgia or Phenix City-Auburn-Opelika Alabama clients who wish to save large amounts on attorney fees, desire a smooth transition for their children, and wish to make their lives and their children’s lives as peaceful as possible.
Many of our Broward County-Palm Beach or Miami-Dade County FL, Muscogee, Harris County, GA or Russell or Lee County AL divorce or paternity clients express an intention to our lawyers their desires to end their marriages or relationships without causing undue damage to their children. Additionally, there is the desire to avoid a long , expensive and bloody divorce war.
Here’s how that can be done.
It is generally understood that the emotional aspect of ending a relationship gives rise to anger, frustration, insecurity, apprehension and uncertainty. If you have not experienced any of those feelings as you end your relationship, I suggest you seek professional counseling. In other words, expect to become emotional as your marriage or relationship ends. It’s only natural. How you deal with it is another matter.
To assist you as you proceed through the parental time sharing or custody sharing process, I suggest you keep in mind these basic concepts:
1. Keep focused on your goal
You are getting a "No Fault Divorce" which, by its very definition, means that neither you, nor your spouse, will be accused in court of committing acts which brought about the end of this marriage. The legal “no fault ground” for your
Fort Lauderdale, Boca Raton or Miami, Florida, Columbus, Hamilton, Georgia or Phenix City Opelika-Auburn,Alabama divorce (referred to in Florida Family Courts as a “Dissolution of Marriage”) is an "irretrievably broken marriage". In Alabama it is also referred to a “incompatibility”. In law, we define this as a couple who no longer shares the same goals, dreams and aspirations they once did at the time the marriage was originally consummated.
It is important to understand this can be entirely true without either person committing a negative or harmful act. It can also be said that this is no indication of a deficiency of character, lack of competency as a partner or lover, or more importantly, a lack of parenting skills of either parent.
An eventual lack of commonality and interests is merely a growing apart of the otherwise past perfect unity of the parties.
Do not view yourself as less than capable, desirable, or competent in your role as a spouse or parent simply because your marriage is ending. It is best not to bring to the mediation table, the need to defend yourself or prove fault.
Be accepting of what your partner says about you, as painful as that may be. Your partner’s feelings are just as “true” for him/her as your feelings regarding your partner are for you. It will not ultimately serve you to demean their “truth”.
It is not your job to “fix” your former partner or child’s other parent. If you feel the need to “fix” your partner or child’s other parent, I suggest you investigate the potential for marriage or family counseling together. Ultimately, you lack the professional skills to fix them. This was never your job to begin with. Making or keeping your partner or child’s other parent “small” by hurtful comments won’t get you what you want if “resolution” and closure are your mediation goal. An honest expression of your anger, resentment and frustration is a good thing to express to a partner in counseling or family discussions but it is generally non-productive in seeking to resolve the issues at mediation. Know what you want to accomplish from this face to face encounter in advance. Generally, you don’t have both a chance at revenge and an opportunity for compromise. Choose one and be alright with whichever is your goal. Be accepting of the lost opportunity to express your anger if compromise resolution is your goal. Alternately, be willing to pay for the cost of future litigation if recrimination and revenge is where you want to take the encounter. Either way, it’s your choice independent of the choice your partner or child’s other parent makes.
2. Forget what you have seen on television, viewed at the movies or read in novels regarding divorce in bygone years
Your spouse's lack of interest in continuing as a “spouse” does not generally include a lack of desire to continue being a “parent”. You are divorcing each other, not divorcing the role of being a parent. Do not see the end of your marriage as "You and the children vs. your spouse".
Make as part of your mediation goals the creation of a shared parenting team to include you the parents, the children and both your extended families. Commit to working as a team toward the common goal of allowing your children to be “children”. Make their special times about them and not about your ongoing anger driven divorce related emotions. Put your former spouse back on your team to create the most beneficial parental time sharing plan you can which will best serve your children’s needs. Then don’t forget to enroll on his/her team as well. Recognize that working “together” can only benefit your children. Remember, too, the best team leaders are the ones who are willing to really listen before they talk.
3. Realize that you and your behavior are under the microscope
Your children have a right to enjoy a meaningful relationship with each parent and the degree of closeness which either of you establishes with them needs to be unaffected by the anger and disappointment you may feel toward each other. Your children are “your children” – not your attorney’s, not your psychological counselor’s, not your confidant’s and not your best friend’s. Short direct answers free from recrimination or parental alienation work best in answering their questions. They will seldom ask you the questions they really want answered which are “Did I, as your child, cause this split up?” or “Will I become an orphan now?”
Your children watch everything you do and say including the “tone” in which it is said. They will respond accordingly. Alienating them against their other parent is a form of mental child abuse and creates anger and resentment in them which will lead to more serious consequences as they become teenagers. Remember the adage “Little children little problems, Big children, BIG PROBLEMS”.
Make your children's right to receive love and attention from both of their parents your ultimate goal in mediating a time sharing plan. Neither of their parents should be the “winner” in these matters. Both of them should strive to make their children the “winners”.
4. We are better parents at different stages of our children's lives.
Just because your spouse may have failed in your eyes as a responsible parent at one stage of the children's lives does not mean he/she is not a capable parent. Often a divorce is the catalyst which awakens the desire to be a parent even if it appears it is being done for an ulterior motive. Try to overlook his/her lack of parental interest or responsible behavior in the past and hold an intention that they will grow into the role of a better parent as the children age. We are not so much “human beings” as we are “human becomings”. Encouraging change is not a bad thing however, your best bet to accomplish that starts with the behavior you chose.
It also helps to “let them off the hook” and stop expecting them to be someone new. Remember that one of the benefits of divorce is that your former partner’s choices are no longer your problem. Give them the opportunity to learn from their mistakes as well.
Remember too, how your partner chooses to be seen by their children will have to come from them. What relationship your spouse will or will not have with the children will be that which they alone choose to create. Simply get out of their way and give them the opportunity to succeed or fail.
5. The flaws we find most repugnant in the persons who affect our lives are usually the very behaviors we ourselves display and for which we lack self acceptance.
We are a nation of “blamers”. Somehow that has permeated our marital and shared parenting relationships. Blaming your ex-spouse is about the least valuable way to deal with any situation which may arise with your mediation negotiations or your time sharing efforts. Rather than find fault with your shared parenting partner, look for the very ways and times when you have done the same things of which you complain. It may require some intensive introspection but it’s there in one form or another.
Of course you are right in your complaint and of course you can assign responsibility for the failure of your marital partnership to others. But what does that get you? Without looking at your own role in how you have contributed to that failure you are simply wasting an opportunity for your personal growth. Be willing to look at your part in the dissolution and, as they arise, in the future time sharing problems. Hold responsibility for it with a bona fide commitment for positive change rather than mere tacit acknowledgement. Commitment, without taking action is merely rhetoric.
6. Whose interests are you really protecting?
Whenever the need to protect your children from your estranged partner or child’s other parent becomes paramount, reflect back on when you were together as a couple. How imperative was that same level of protection from your partner or child’s other parent at those times?
If the other parent was qualified to be responsible for your children when you were a couple then recognize that he/she does not lose that qualification simply because you are no longer together. Invest your emotions in being supportive of your shared parenting partner's role, not in looking for ways to undermine it.
Don't let your concern about losing the close bond with your children that nurtures your own personal needs cloud your ability to be fair and reasonable in mediating your parental time sharing plan. Be sure when you commit to fight for the protection of your children that it‘s really their interest you are trying to protect and not your own. You are not protecting them when you deny your ex-spouse or child’s other parent the opportunity to be a parent. Isn’t it possible that you are protecting You and your needs. In the end, regardless of how valiant you see this effort, you are possibly doing damage to the children. Allowing them the opportunity to have two parents is a form of giving them love though they may not see it today or express appreciation for it for many years to come.
Remember that as you are trying to protect your children, they are simultaneously trying to protect you. Give them a forum for expression but know that their need to protect you may color their complaints about your ex-spouse or their other parent. Don’t hold your children to the same standard of truth and perception as you would in less trying times.
But when they talk, listen with your heart as much as with your ears. Find a way to let them know that you empathize deeply with how your behavior has made them feel by telling them what you think they are experiencing. Defending or justifying won’t help. You will know you are correct by the expressions on their faces. Encourage them to express these feelings to their other parent with the hope that they will equally empathize. That’s truly “hearing them”. You will be amazed at how that small effort will affect your relationship with them and others in your life. It will take the anger out of most problems.
Demand that they respect their other parent even though at times it may hard. The respect that you instill in them for their other parent will pay dividends for you many times over even if it requires a stretch for you in the effort.
7. Children cannot have too much quality love or too many decent role models.
Extended families who are supportive of children and whose lives reflect a positive example cannot be a negative factor even if their presence creates in you, feelings of jealousy, envy, anger and disappointment. The person who comes into your children's lives will not replace you, cannot replace you and will likely be supportive of your parenting role if given the opportunity. Remember this is true despite lavish gifts, expensive opportunities and famous pasts. Do not let your personal disappointments limit the time sharing opportunities where your children have the benefit of grandparents, new significant others and new siblings. You cannot lose your children to a new spouse or another love interest but you can drive them away with obsessive anger, tortuous interrogations and denying them the opportunity to have two families.
We ask these children to grow into adolescence while coping with the emotional stress of our failed partnerships. If we are able to set good examples as caring, responsible adults who treat each other and family members with care and respect, we give our children the gift of valuable life lessons they will surely emulate.
Remember too, that you have already demonstrated to your children that partnerships between men and women can “crash and burn”. How powerful would it be for them to see that even though male-female relationships may fail on one level they can flourish on another? How would that impact them as they form their own male- female relationships in years to come?
8. Nothing in life is learned by doing something right.
We only learn by making mistakes. Think about that concept. Then embrace your mistakes for the life lessons they bring you. Through your mistakes, you became the intelligent and capable person you are now. If you see the decision to marry coupled with your choices and behaviors which led to its demise as “your mistakes" then look at how you have learned so very much from those mistakes. Look at how important what you learned will be in forming relationships through the rest of your life. We all hope to learn as long as we live. Give yourself permission to make lots of mistakes and appreciate what you learn from each one of them. Allow your children and ex-spouse or children’s other parent that opportunity as well. Help them see the lesson without judgment. Do not let your mistakes or your former partner’s mistakes stand in the way of creating a workable shared parenting plan.
Never say “never” or “always”. Life, contrary to the pronouncements of many litigating partners, does not end at divorce, socially or productively. Make the lessons from these painful mistakes of today be your guide toward an anticipated future life of joy and happiness.
9. No one truly holds responsibility for your happiness but you. How we live and how we feel about our lives are always a "matter of choice".
If you are demanding that others "make you happy" you will live in a world of constant disappointment. If you make such a demand, you need to recognize that you are choosing to be a “victim”. Are you really so helpless? Have you lost your “chooser” ability? Generally that misplaced demand and the refusal to hold responsibility for our own happiness is exactly what destroys most relationships. Not finances. Not adultery.
Logic tells us that the bad things which happen to us should make us sad but it’s still a “sadness” we choose. Choose happiness and encourage your children to do the same. Always easier said than done, but, oh so much more rewarding in the end. The alternative is to feel the pain of this experience every day of your life. A painful knife wound may heal in a few months but a choice to hold on to anger may last a lifetime. It’s your choice.
10. "Fear" and its partner "Afraid" are limiting words.
Using them as part of your mediation and co-parenting vocabulary and expressing them to your children has a paralyzing effect on the actions you want to take or you want them to take. The dictionary and thesaurus are filled with other words which work so much better. Use them. Do not bring "fear" with you to your mediation. There are legal protections for true dangers. Though exceedingly onerous and burdensome for future co parenting efforts, this should be implemented only if there is a clear and factual basis for it. Caution, discretion and introspection are all to be utilized before going down that road. Be mindful that the emotional and logistical price are very high for you and the children as well, and must be weighed against the severity of the need.
11. How you “say it” is as important as what you are saying.
The “tones” and body language you chose to use in your time sharing efforts, i.e., the way you say what you feel and express your concerns, should express the same thing as the words you use. Tone and body language often speak "truth" while words do not.
The collapse of your relationship itself can be traced back to when you or your partner’s tones and body language expressions first ceased to convey the same meanings as words which were said. Your house pets are sensitive to what you are conveying by the tone you choose when you give them a command. Are you children or partner less intelligent than your pets? Remember the first time your partner said, “I love you” and it didn’t sound as if it was heartfelt?
Be mindful in your negotiations of the tones you chose and how you say what you want the other party to hear. You will be amazed at how your message will be received if you say it without also conveying anger. So don’t “fight fair”. Don’t engage in frontal “face to face” encounters. Simply move to the side avoiding “eye to eye” contact and insist on your ex spouse removing the angry tones from what he or she has to say. Say: ” I need to hear what you are trying to tell me but I can’t hear what you are saying with such anger in your voice. Take out the anger and tell me what you have to say. “You will be amazed how hard it is to fight with no one in your face or without using anger in your tone. You may even find yourself engaged in a genuine co parenting discussion!
It’s not weakness to do so but, in fact, a higher plateau of self-control. We can express anger with ease. The question is, “Are you willing to learn to speak the more cooperative language of co-parenting?” Which will better serve your children?
12. “If you don’t ask, no one can tell you NO”
Do not be afraid to put out into the universe that which you want for yourself and for your children. Generally the more you ask someone to do for you the more they are willing to do. Strange, isn’t it? Making a parenting plan or shared custody arrangement work is a study in a “give and take” process and should be viewed in that light. Giving 125% and only expecting 75% in return from your ex spouse or child’s other parent is a formula for success in most parental time sharing plans or custody sharing arrangements.
Remember too, that this is potentially an ongoing legal matter. Your future is on the line for years to come and the relationship with your children will be shaped by what sort of relationship you choose.
You do not want to look back in anger over what you were afraid to ask for. Nor do you want to (reflect and feel animosity over what you wanted to ask for and decided not to pursue. Lobby strongly for what you want and need. Take quality advice to heart from your attorney regarding the law. Be logical as opposed to emotional whenever possible.
Don‘t draw lines in the sand and ignore those who want to. You are selling your position and good salesmen expect to hear “No” at least five times before they make the sale.
Remember closure is a beautiful thing …at least until the next co-parenting issue arises.
David L. Hirsch is a partner in the law firm of Brawer, Hirsch, & Assoc., P.A. of Fort Lauderdale, FL. He is licensed in FL, GA and AL and has been involved in family law matters all through the Southeast for the past three decades. He is also a circuit court family certified mediator and circuit court arbitrator. He is the author of “NO HARM DIVORCE” the course and teaching manual and has taught this and other personal growth courses. His firm, Brawer, Hirsch, & Assoc., P.A. has been recently mentioned in the 2009 editions of Superlawyers magazine and Southeastern Legal Guide in their top fifty family law attorney ratings section.
This article is for Brawer, Hirsch and Associates P.A. clients who are highly invested in making their South Florida, West Georgia or East Alabama time sharing and custody agreements successful. It’s for those of our Fort Lauderdale FL, Columbus Georgia or Phenix City-Auburn-Opelika Alabama clients who wish to save large amounts on attorney fees, desire a smooth transition for their children, and wish to make their lives and their children’s lives as peaceful as possible.
Many of our Broward County-Palm Beach or Miami-Dade County FL, Muscogee, Harris County, GA or Russell or Lee County AL divorce or paternity clients express an intention to our lawyers their desires to end their marriages or relationships without causing undue damage to their children. Additionally, there is the desire to avoid a long , expensive and bloody divorce war.
Here’s how that can be done.
It is generally understood that the emotional aspect of ending a relationship gives rise to anger, frustration, insecurity, apprehension and uncertainty. If you have not experienced any of those feelings as you end your relationship, I suggest you seek professional counseling. In other words, expect to become emotional as your marriage or relationship ends. It’s only natural. How you deal with it is another matter.
To assist you as you proceed through the parental time sharing or custody sharing process, I suggest you keep in mind these basic concepts:
1. Keep focused on your goal
You are getting a "No Fault Divorce" which, by its very definition, means that neither you, nor your spouse, will be accused in court of committing acts which brought about the end of this marriage. The legal “no fault ground” for your
Fort Lauderdale, Boca Raton or Miami, Florida, Columbus, Hamilton, Georgia or Phenix City Opelika-Auburn,Alabama divorce (referred to in Florida Family Courts as a “Dissolution of Marriage”) is an "irretrievably broken marriage". In Alabama it is also referred to a “incompatibility”. In law, we define this as a couple who no longer shares the same goals, dreams and aspirations they once did at the time the marriage was originally consummated.
It is important to understand this can be entirely true without either person committing a negative or harmful act. It can also be said that this is no indication of a deficiency of character, lack of competency as a partner or lover, or more importantly, a lack of parenting skills of either parent.
An eventual lack of commonality and interests is merely a growing apart of the otherwise past perfect unity of the parties.
Do not view yourself as less than capable, desirable, or competent in your role as a spouse or parent simply because your marriage is ending. It is best not to bring to the mediation table, the need to defend yourself or prove fault.
Be accepting of what your partner says about you, as painful as that may be. Your partner’s feelings are just as “true” for him/her as your feelings regarding your partner are for you. It will not ultimately serve you to demean their “truth”.
It is not your job to “fix” your former partner or child’s other parent. If you feel the need to “fix” your partner or child’s other parent, I suggest you investigate the potential for marriage or family counseling together. Ultimately, you lack the professional skills to fix them. This was never your job to begin with. Making or keeping your partner or child’s other parent “small” by hurtful comments won’t get you what you want if “resolution” and closure are your mediation goal. An honest expression of your anger, resentment and frustration is a good thing to express to a partner in counseling or family discussions but it is generally non-productive in seeking to resolve the issues at mediation. Know what you want to accomplish from this face to face encounter in advance. Generally, you don’t have both a chance at revenge and an opportunity for compromise. Choose one and be alright with whichever is your goal. Be accepting of the lost opportunity to express your anger if compromise resolution is your goal. Alternately, be willing to pay for the cost of future litigation if recrimination and revenge is where you want to take the encounter. Either way, it’s your choice independent of the choice your partner or child’s other parent makes.
2. Forget what you have seen on television, viewed at the movies or read in novels regarding divorce in bygone years
Your spouse's lack of interest in continuing as a “spouse” does not generally include a lack of desire to continue being a “parent”. You are divorcing each other, not divorcing the role of being a parent. Do not see the end of your marriage as "You and the children vs. your spouse".
Make as part of your mediation goals the creation of a shared parenting team to include you the parents, the children and both your extended families. Commit to working as a team toward the common goal of allowing your children to be “children”. Make their special times about them and not about your ongoing anger driven divorce related emotions. Put your former spouse back on your team to create the most beneficial parental time sharing plan you can which will best serve your children’s needs. Then don’t forget to enroll on his/her team as well. Recognize that working “together” can only benefit your children. Remember, too, the best team leaders are the ones who are willing to really listen before they talk.
3. Realize that you and your behavior are under the microscope
Your children have a right to enjoy a meaningful relationship with each parent and the degree of closeness which either of you establishes with them needs to be unaffected by the anger and disappointment you may feel toward each other. Your children are “your children” – not your attorney’s, not your psychological counselor’s, not your confidant’s and not your best friend’s. Short direct answers free from recrimination or parental alienation work best in answering their questions. They will seldom ask you the questions they really want answered which are “Did I, as your child, cause this split up?” or “Will I become an orphan now?”
Your children watch everything you do and say including the “tone” in which it is said. They will respond accordingly. Alienating them against their other parent is a form of mental child abuse and creates anger and resentment in them which will lead to more serious consequences as they become teenagers. Remember the adage “Little children little problems, Big children, BIG PROBLEMS”.
Make your children's right to receive love and attention from both of their parents your ultimate goal in mediating a time sharing plan. Neither of their parents should be the “winner” in these matters. Both of them should strive to make their children the “winners”.
4. We are better parents at different stages of our children's lives.
Just because your spouse may have failed in your eyes as a responsible parent at one stage of the children's lives does not mean he/she is not a capable parent. Often a divorce is the catalyst which awakens the desire to be a parent even if it appears it is being done for an ulterior motive. Try to overlook his/her lack of parental interest or responsible behavior in the past and hold an intention that they will grow into the role of a better parent as the children age. We are not so much “human beings” as we are “human becomings”. Encouraging change is not a bad thing however, your best bet to accomplish that starts with the behavior you chose.
It also helps to “let them off the hook” and stop expecting them to be someone new. Remember that one of the benefits of divorce is that your former partner’s choices are no longer your problem. Give them the opportunity to learn from their mistakes as well.
Remember too, how your partner chooses to be seen by their children will have to come from them. What relationship your spouse will or will not have with the children will be that which they alone choose to create. Simply get out of their way and give them the opportunity to succeed or fail.
5. The flaws we find most repugnant in the persons who affect our lives are usually the very behaviors we ourselves display and for which we lack self acceptance.
We are a nation of “blamers”. Somehow that has permeated our marital and shared parenting relationships. Blaming your ex-spouse is about the least valuable way to deal with any situation which may arise with your mediation negotiations or your time sharing efforts. Rather than find fault with your shared parenting partner, look for the very ways and times when you have done the same things of which you complain. It may require some intensive introspection but it’s there in one form or another.
Of course you are right in your complaint and of course you can assign responsibility for the failure of your marital partnership to others. But what does that get you? Without looking at your own role in how you have contributed to that failure you are simply wasting an opportunity for your personal growth. Be willing to look at your part in the dissolution and, as they arise, in the future time sharing problems. Hold responsibility for it with a bona fide commitment for positive change rather than mere tacit acknowledgement. Commitment, without taking action is merely rhetoric.
6. Whose interests are you really protecting?
Whenever the need to protect your children from your estranged partner or child’s other parent becomes paramount, reflect back on when you were together as a couple. How imperative was that same level of protection from your partner or child’s other parent at those times?
If the other parent was qualified to be responsible for your children when you were a couple then recognize that he/she does not lose that qualification simply because you are no longer together. Invest your emotions in being supportive of your shared parenting partner's role, not in looking for ways to undermine it.
Don't let your concern about losing the close bond with your children that nurtures your own personal needs cloud your ability to be fair and reasonable in mediating your parental time sharing plan. Be sure when you commit to fight for the protection of your children that it‘s really their interest you are trying to protect and not your own. You are not protecting them when you deny your ex-spouse or child’s other parent the opportunity to be a parent. Isn’t it possible that you are protecting You and your needs. In the end, regardless of how valiant you see this effort, you are possibly doing damage to the children. Allowing them the opportunity to have two parents is a form of giving them love though they may not see it today or express appreciation for it for many years to come.
Remember that as you are trying to protect your children, they are simultaneously trying to protect you. Give them a forum for expression but know that their need to protect you may color their complaints about your ex-spouse or their other parent. Don’t hold your children to the same standard of truth and perception as you would in less trying times.
But when they talk, listen with your heart as much as with your ears. Find a way to let them know that you empathize deeply with how your behavior has made them feel by telling them what you think they are experiencing. Defending or justifying won’t help. You will know you are correct by the expressions on their faces. Encourage them to express these feelings to their other parent with the hope that they will equally empathize. That’s truly “hearing them”. You will be amazed at how that small effort will affect your relationship with them and others in your life. It will take the anger out of most problems.
Demand that they respect their other parent even though at times it may hard. The respect that you instill in them for their other parent will pay dividends for you many times over even if it requires a stretch for you in the effort.
7. Children cannot have too much quality love or too many decent role models.
Extended families who are supportive of children and whose lives reflect a positive example cannot be a negative factor even if their presence creates in you, feelings of jealousy, envy, anger and disappointment. The person who comes into your children's lives will not replace you, cannot replace you and will likely be supportive of your parenting role if given the opportunity. Remember this is true despite lavish gifts, expensive opportunities and famous pasts. Do not let your personal disappointments limit the time sharing opportunities where your children have the benefit of grandparents, new significant others and new siblings. You cannot lose your children to a new spouse or another love interest but you can drive them away with obsessive anger, tortuous interrogations and denying them the opportunity to have two families.
We ask these children to grow into adolescence while coping with the emotional stress of our failed partnerships. If we are able to set good examples as caring, responsible adults who treat each other and family members with care and respect, we give our children the gift of valuable life lessons they will surely emulate.
Remember too, that you have already demonstrated to your children that partnerships between men and women can “crash and burn”. How powerful would it be for them to see that even though male-female relationships may fail on one level they can flourish on another? How would that impact them as they form their own male- female relationships in years to come?
8. Nothing in life is learned by doing something right.
We only learn by making mistakes. Think about that concept. Then embrace your mistakes for the life lessons they bring you. Through your mistakes, you became the intelligent and capable person you are now. If you see the decision to marry coupled with your choices and behaviors which led to its demise as “your mistakes" then look at how you have learned so very much from those mistakes. Look at how important what you learned will be in forming relationships through the rest of your life. We all hope to learn as long as we live. Give yourself permission to make lots of mistakes and appreciate what you learn from each one of them. Allow your children and ex-spouse or children’s other parent that opportunity as well. Help them see the lesson without judgment. Do not let your mistakes or your former partner’s mistakes stand in the way of creating a workable shared parenting plan.
Never say “never” or “always”. Life, contrary to the pronouncements of many litigating partners, does not end at divorce, socially or productively. Make the lessons from these painful mistakes of today be your guide toward an anticipated future life of joy and happiness.
9. No one truly holds responsibility for your happiness but you. How we live and how we feel about our lives are always a "matter of choice".
If you are demanding that others "make you happy" you will live in a world of constant disappointment. If you make such a demand, you need to recognize that you are choosing to be a “victim”. Are you really so helpless? Have you lost your “chooser” ability? Generally that misplaced demand and the refusal to hold responsibility for our own happiness is exactly what destroys most relationships. Not finances. Not adultery.
Logic tells us that the bad things which happen to us should make us sad but it’s still a “sadness” we choose. Choose happiness and encourage your children to do the same. Always easier said than done, but, oh so much more rewarding in the end. The alternative is to feel the pain of this experience every day of your life. A painful knife wound may heal in a few months but a choice to hold on to anger may last a lifetime. It’s your choice.
10. "Fear" and its partner "Afraid" are limiting words.
Using them as part of your mediation and co-parenting vocabulary and expressing them to your children has a paralyzing effect on the actions you want to take or you want them to take. The dictionary and thesaurus are filled with other words which work so much better. Use them. Do not bring "fear" with you to your mediation. There are legal protections for true dangers. Though exceedingly onerous and burdensome for future co parenting efforts, this should be implemented only if there is a clear and factual basis for it. Caution, discretion and introspection are all to be utilized before going down that road. Be mindful that the emotional and logistical price are very high for you and the children as well, and must be weighed against the severity of the need.
11. How you “say it” is as important as what you are saying.
The “tones” and body language you chose to use in your time sharing efforts, i.e., the way you say what you feel and express your concerns, should express the same thing as the words you use. Tone and body language often speak "truth" while words do not.
The collapse of your relationship itself can be traced back to when you or your partner’s tones and body language expressions first ceased to convey the same meanings as words which were said. Your house pets are sensitive to what you are conveying by the tone you choose when you give them a command. Are you children or partner less intelligent than your pets? Remember the first time your partner said, “I love you” and it didn’t sound as if it was heartfelt?
Be mindful in your negotiations of the tones you chose and how you say what you want the other party to hear. You will be amazed at how your message will be received if you say it without also conveying anger. So don’t “fight fair”. Don’t engage in frontal “face to face” encounters. Simply move to the side avoiding “eye to eye” contact and insist on your ex spouse removing the angry tones from what he or she has to say. Say: ” I need to hear what you are trying to tell me but I can’t hear what you are saying with such anger in your voice. Take out the anger and tell me what you have to say. “You will be amazed how hard it is to fight with no one in your face or without using anger in your tone. You may even find yourself engaged in a genuine co parenting discussion!
It’s not weakness to do so but, in fact, a higher plateau of self-control. We can express anger with ease. The question is, “Are you willing to learn to speak the more cooperative language of co-parenting?” Which will better serve your children?
12. “If you don’t ask, no one can tell you NO”
Do not be afraid to put out into the universe that which you want for yourself and for your children. Generally the more you ask someone to do for you the more they are willing to do. Strange, isn’t it? Making a parenting plan or shared custody arrangement work is a study in a “give and take” process and should be viewed in that light. Giving 125% and only expecting 75% in return from your ex spouse or child’s other parent is a formula for success in most parental time sharing plans or custody sharing arrangements.
Remember too, that this is potentially an ongoing legal matter. Your future is on the line for years to come and the relationship with your children will be shaped by what sort of relationship you choose.
You do not want to look back in anger over what you were afraid to ask for. Nor do you want to (reflect and feel animosity over what you wanted to ask for and decided not to pursue. Lobby strongly for what you want and need. Take quality advice to heart from your attorney regarding the law. Be logical as opposed to emotional whenever possible.
Don‘t draw lines in the sand and ignore those who want to. You are selling your position and good salesmen expect to hear “No” at least five times before they make the sale.
Remember closure is a beautiful thing …at least until the next co-parenting issue arises.
David L. Hirsch is a partner in the law firm of Brawer, Hirsch, & Assoc., P.A. of Fort Lauderdale, FL. He is licensed in FL, GA and AL and has been involved in family law matters all through the Southeast for the past three decades. He is also a circuit court family certified mediator and circuit court arbitrator. He is the author of “NO HARM DIVORCE” the course and teaching manual and has taught this and other personal growth courses. His firm, Brawer, Hirsch, & Assoc., P.A. has been recently mentioned in the 2009 editions of Superlawyers magazine and Southeastern Legal Guide in their top fifty family law attorney ratings section.
HOW TO SUCCEED AT A
HOW TO SUCCEED AT A
FL GA OF AL DIVORCE MEDIATION
This article is for our Brawer, Hirsch and Associates, P.A. South Florida , West Georgia and Eastern Alabama divorcing client engaged in litigation involving dissolution of marriage, negotiating time sharing, modification of custody, alimony or child support who are highly invested in ending their marriages and wish to save large amounts on attorney fees, desire a smooth transition for their children and wish to make the mediation process as short, cooperative and peaceful as possible.
This article is for those Fort Lauderdale, FL, Columbus, GA or Phenix City or Auburn-Opelika AL divorcing couples or litigating parents who are highly invested in ending their marriages without expending large amounts on attorney fees, without causing undue damage to their children and without making the mediation process merely a battle in a long and bloody war.
It is generally understood that the emotional aspect of ending a relationship gives rise to anger, frustration, insecurity, apprehension and uncertainty. If you have not experienced any of those feelings as you end your relationship I suggest you may want to seek professional help. In other words, you should expect to become emotional as your marriage or relationship ends. It’s only natural. How you deal with it is another matter.
To help you as you proceed through the mediation process which will help you accomplish your goal of ending the marriage, I suggest you keep in mind these twelve basic concepts:
1. Keep focused on your goal at mediation.
You are getting a "No Fault Divorce" which, by its very definition, means that neither you, nor your spouse, will be accused of committing acts which bring about the end of this marriage. We refer to the legal no fault ground for your Florida ,Georgia or Alabama divorce (referred to in Florida Family Courts as a “Dissolution of Marriage”) as an "irretrievably broken marriage" and in Georgia also as “incompatibility”. We define that at law as a couple who no longer share the same goals, dreams and aspirations for the future they had at the time the marriage was consummated.
It is important to understand that this can be entirely true without a single negative act by anyone, without a deficiency of character by either party, without a lack of competency as a partner or lover, without a lack of attractiveness or desirability or, of serious importance, without a lack of parenting skills by either party.
A lack of commonality of interests is merely a growing apart of the otherwise perfect unity of the parties.
Do not see yourself as less than capable, less than desirable or less than competent as a partner, as a spouse or as a parent simply because your marriage is ending. You should not bring the need to prove fault to the mediation table or the need to defend yourself.
Assume that what your partner says about you is true in all respects, painful as it may feel. Their feelings about you are just as “true” for them as your feelings about them are for you.
It is not your job to “fix” your partner at mediation. If you feel the need to “fix” your partner, I suggest you investigate the potential for marriage or family counseling together.
Making or keeping your partner “small” by hurtful comments won’t get you what you want if “resolution” and closure is your mediation goal. An honest expression of your anger, resentment and frustration is a good thing to express to a partner in counseling or family discussions but it is generally non productive in seeking to resolve the issues at mediation.
2. Forget what you have seen on television ,viewed at the movies or read in novels regarding divorce in bygone years.
Your spouse's lack of interest in continuing as a “spouse” does not generally include a lack of desire to continue being a “parent”. You are divorcing each other and not divorcing the role of being a parent. Do not see the end of your marriage as "You and the children vs. Your spouse".
Make as part of your mediation goals the creation of a shared parenting team to include both parents, the children and both your extended families. Commit to work as a team for the common goal of allowing your children to be “children”. Make their special times be about them and not about your divorce. Put your ex spouse back on your team to create the most beneficial time shared plan you can which will best serve your children’s needs. Then enroll on his/her team as well.
3. Realize that you and your behavior are under the microscope.
Your children have a right to enjoy a meaningful relationship with each parent and the degree of closeness which either of you establishes with them needs to be unaffected by the anger and disappointment you may have with each other. Your children are “children”. Not your attorneys, not your psychological counselors, your confidants or your best friends. Short direct answers free from recrimination or parental alienation work best in answering their questions. They will seldom ask you the questions they really want answered which are “Is this split up our fault?” or “Will I become an orphan now?”
Your children watch everything you do and say including the “tone” in which it is said. They will respond accordingly. Alienating them against their other parent is a form of mental child abuse and creates anger and resentment in them which will lead to more serious consequences as they become teenagers. Remember the adage “Little children little problems, Big children, BIG PROBLEMS”.
Make your children's right to receive love and attention from both of their parents your ultimate goal in mediating a time sharing plan. Neither of their parents should be the “winner” in these matter. Both of them should strive to make their children the “winners”.
4. We are better parents at different stages of our children's lives.
Just because your spouse may have failed in your eyes as a responsible parent at one stage of the children's lives does not mean they are not capable parents. Often a divorce is the catalyst which awakens the desire to be a parent even if it appears it is being done for an ulterior motive. Try to overlook their lack of parental interest or responsible behavior in the past and hold an intention that they will grow into the role of a better parent as the children age. We are not so much “human beings” as we are “human becomings” and encouraging change is not a bad thing. As you mediate don't fix in stone positions from the frustrations of the past but be flexible and give your spouse the opportunity to progress as a parent if he/she wishes to make that choice.
5. The flaws we find most repugnant in the persons who affect our lives are usually very things we do ourselves for which we simply do not have self acceptance.
Rather than find fault with your shared parenting partner look for the very ways and times when you have done the same things of which you complain. Take the anger out of the equation as you seek to mediate, change the tone in which you want to express your concerns and do not seek to punish the other parent by unreasonably holding on to the past.
6. Who’s interests are you really protecting?
Whenever the need to protect your children from your estranged spouse becomes paramount, reflect back on when you were together as a couple and how imperative was that very protection from your spouse at those times?
If the parent was qualified to be responsible for your children when you were a couple then recognize that he/she does not lose that simply because you are no longer together. Invest your emotions in being supportive of your shared parenting partner's role, not in looking for ways to undermine it. Don't make your concern about losing your close bond with your children cloud your ability to be fair and reasonable in mediating your shared parenting plan. Be sure when you committed to fight for the protection of your children it‘s really their interest you are trying to protect and not your own. You are not protecting them when you deny your ex spouse the opportunity to be a parent. You are protecting you and your needs. In the end, regardless of how valiant you see this effort, you are doing damage to the children.
Remember that as you are trying to protect them, they are simultaneously trying to protect you. Give them a forum for expression but know that their need to protect you may color their complaints about your ex spouse. Don’t hold your children to the same standard of truth and perception as you would in lesser trying times.
7. Children cannot have too much quality love or too many decent role models.
Extended families who are supportive of children and whose lives reflect a positive example cannot be a negative factor even if their presence creates in you feelings of jealousy, envy, anger and disappointment. The person who comes into your children's lives will not replace you, cannot replace you and will likely be supportive of your parenting role if given the opportunity. Remember this is true despite lavish gifts, expensive opportunities and famous pasts. Do not let your personal disappointments limit the time sharing opportunities where your children have the benefit of grandparents, new significant others and new siblings. You cannot lose your children to a new spouse but you can drive them away with obsessive anger, tortuous interrogations and denying them the opportunities to have two families.
Remember too, that you have already demonstrated to your children that partnerships between men and women can “crash and burn”. How powerful would it be for them to see that even though male-female relationships may fail on one level they can flourish on another? How would that impact them as they form their own male- female relationships in years to come?
8. Nothing in life is learned by doing something right.
We only learn by making mistakes. Think about that concept. Then embrace your mistakes for the life lessons they brought you. Through them you became the intelligent and capable person you are. If you now see the decision to marry or your choices and behaviors which led to its demise as “your mistakes" then look at how you have learned so very much from those mistakes. Look at how important what you learned will be in forming relationships all through the rest of your life. We all hope to learn as long as we live. Give yourself permission to make lots of mistakes and appreciate what you learn from each one of them. Allow your children and ex spouse that opportunity as well. Help them see the lesson without judgment. Do not let your mistakes or your former partners mistakes stand in the way of creating a workable shared parenting plan.
9. No one truly holds responsibility for your happiness but you.
We are a nation of blamers. Somehow that has permeated our marital and shared parenting relationships. Blaming your ex spouse is about the least valuable way to deal with any situation which may arise with your mediation negotiations or your time sharing itself.
Of course you are right and of course you can assign responsibility for failure to others but without looking at your own role in how you may have contributed to that failure you are simply wasting an opportunity for success. Be willing to look at your part in problems which arise and hold responsibility for it with commitment for change rather than mere tacit acknowledgement.
10. How we live and how we feel about our lives are always a "matter of choice".
Logic tells us that the bad things which happen to us should make us sad but it’s still a sadness we choose. Choose happiness and encourage your children to do the same. Always easier said than done, but, oh so much more rewarding in the end.
If you are demanding that others "make you happy" you will live in a world of constant disappointment. Generally that misplaced demand is exactly what destroys most relationships. Not finances. Not adultery.
This mediation will not "make you happy" but in choosing to resolve your marital dissolution in a cost effective and non litigious manner you can also choose to be happy. Remember – neither of the mediating parents should walk away the “winner” in these matters. Both of them should strive to make their children the “winners”. Don’t allow your ex spouse to steal your “chooser”. You alone make that decision even if it seems incongruent to all others such as your friends, your family and yes, even your lawyer.
11. "Fear" and its partner "Afraid" are limiting words.
Using them as part of your mediation and co parenting vocabulary and expressing them to your children has a paralyzing effect on the actions you want to take or you want them to take. The dictionary and thesaurus are filled with other words which work so much better. Try them. Do not bring "fear" with you to your mediation.
12. How you “say it” is as important as what you are saying.
The tones and body language you use in these mediated negotiations and in your time sharing efforts i.e. the way you say what you feel and express your concerns, should speak the same things as the words you choose to use. Tones and body language often speak "truth" while words often do not.
The collapse of your relationship itself can be traced to the day when your partner’s tones and body language ceased to convey the same meaning as words which were said to you. Your pets sense tone and what you are conveying by the tones you choose. Are you partners or your children less intelligent than your pets? Remember when the first time “I love you” didn’t sound like your partner meant it? Be mindful in your negotiations of the tones you use and the way you say what you want the other party to hear. You will find it amazing how much more your message is heard when you take out the angry tones. It’s not weakness to do so but, in fact, a higher plateau of self control. We can “do angry” easy, but can we learn to do co parenting communication? Which will better serve your children?
13. “ If you don’t ask, no one can tell you NO”.
Do not be afraid to put out into the universe that which you want for you and for your children.
Generally the more you ask someone to do for you the more they are willing to do. Strange isn’t it.
Negotiations are a “give and take” process and should be viewed in that fashion.
Remember too, that this is your legal matter, your future is on the line for years to come and the relationship with your children will be shaped by what you accomplish at mediation or, if unsuccessful, at trial.
You do not want to look back in anger over what you were afraid to ask for. Nor do you want to look back in anger over what you did ask for and decided not to pursue. Lobby strongly for what you want and need, take quality advice to heart from your attorney on the law and your mediator on the negotiations and use logic over emotion whenever possible.
Remember closure is a beautiful thing …at least until the next co parenting issue arises.
FL GA OF AL DIVORCE MEDIATION
This article is for our Brawer, Hirsch and Associates, P.A. South Florida , West Georgia and Eastern Alabama divorcing client engaged in litigation involving dissolution of marriage, negotiating time sharing, modification of custody, alimony or child support who are highly invested in ending their marriages and wish to save large amounts on attorney fees, desire a smooth transition for their children and wish to make the mediation process as short, cooperative and peaceful as possible.
This article is for those Fort Lauderdale, FL, Columbus, GA or Phenix City or Auburn-Opelika AL divorcing couples or litigating parents who are highly invested in ending their marriages without expending large amounts on attorney fees, without causing undue damage to their children and without making the mediation process merely a battle in a long and bloody war.
It is generally understood that the emotional aspect of ending a relationship gives rise to anger, frustration, insecurity, apprehension and uncertainty. If you have not experienced any of those feelings as you end your relationship I suggest you may want to seek professional help. In other words, you should expect to become emotional as your marriage or relationship ends. It’s only natural. How you deal with it is another matter.
To help you as you proceed through the mediation process which will help you accomplish your goal of ending the marriage, I suggest you keep in mind these twelve basic concepts:
1. Keep focused on your goal at mediation.
You are getting a "No Fault Divorce" which, by its very definition, means that neither you, nor your spouse, will be accused of committing acts which bring about the end of this marriage. We refer to the legal no fault ground for your Florida ,Georgia or Alabama divorce (referred to in Florida Family Courts as a “Dissolution of Marriage”) as an "irretrievably broken marriage" and in Georgia also as “incompatibility”. We define that at law as a couple who no longer share the same goals, dreams and aspirations for the future they had at the time the marriage was consummated.
It is important to understand that this can be entirely true without a single negative act by anyone, without a deficiency of character by either party, without a lack of competency as a partner or lover, without a lack of attractiveness or desirability or, of serious importance, without a lack of parenting skills by either party.
A lack of commonality of interests is merely a growing apart of the otherwise perfect unity of the parties.
Do not see yourself as less than capable, less than desirable or less than competent as a partner, as a spouse or as a parent simply because your marriage is ending. You should not bring the need to prove fault to the mediation table or the need to defend yourself.
Assume that what your partner says about you is true in all respects, painful as it may feel. Their feelings about you are just as “true” for them as your feelings about them are for you.
It is not your job to “fix” your partner at mediation. If you feel the need to “fix” your partner, I suggest you investigate the potential for marriage or family counseling together.
Making or keeping your partner “small” by hurtful comments won’t get you what you want if “resolution” and closure is your mediation goal. An honest expression of your anger, resentment and frustration is a good thing to express to a partner in counseling or family discussions but it is generally non productive in seeking to resolve the issues at mediation.
2. Forget what you have seen on television ,viewed at the movies or read in novels regarding divorce in bygone years.
Your spouse's lack of interest in continuing as a “spouse” does not generally include a lack of desire to continue being a “parent”. You are divorcing each other and not divorcing the role of being a parent. Do not see the end of your marriage as "You and the children vs. Your spouse".
Make as part of your mediation goals the creation of a shared parenting team to include both parents, the children and both your extended families. Commit to work as a team for the common goal of allowing your children to be “children”. Make their special times be about them and not about your divorce. Put your ex spouse back on your team to create the most beneficial time shared plan you can which will best serve your children’s needs. Then enroll on his/her team as well.
3. Realize that you and your behavior are under the microscope.
Your children have a right to enjoy a meaningful relationship with each parent and the degree of closeness which either of you establishes with them needs to be unaffected by the anger and disappointment you may have with each other. Your children are “children”. Not your attorneys, not your psychological counselors, your confidants or your best friends. Short direct answers free from recrimination or parental alienation work best in answering their questions. They will seldom ask you the questions they really want answered which are “Is this split up our fault?” or “Will I become an orphan now?”
Your children watch everything you do and say including the “tone” in which it is said. They will respond accordingly. Alienating them against their other parent is a form of mental child abuse and creates anger and resentment in them which will lead to more serious consequences as they become teenagers. Remember the adage “Little children little problems, Big children, BIG PROBLEMS”.
Make your children's right to receive love and attention from both of their parents your ultimate goal in mediating a time sharing plan. Neither of their parents should be the “winner” in these matter. Both of them should strive to make their children the “winners”.
4. We are better parents at different stages of our children's lives.
Just because your spouse may have failed in your eyes as a responsible parent at one stage of the children's lives does not mean they are not capable parents. Often a divorce is the catalyst which awakens the desire to be a parent even if it appears it is being done for an ulterior motive. Try to overlook their lack of parental interest or responsible behavior in the past and hold an intention that they will grow into the role of a better parent as the children age. We are not so much “human beings” as we are “human becomings” and encouraging change is not a bad thing. As you mediate don't fix in stone positions from the frustrations of the past but be flexible and give your spouse the opportunity to progress as a parent if he/she wishes to make that choice.
5. The flaws we find most repugnant in the persons who affect our lives are usually very things we do ourselves for which we simply do not have self acceptance.
Rather than find fault with your shared parenting partner look for the very ways and times when you have done the same things of which you complain. Take the anger out of the equation as you seek to mediate, change the tone in which you want to express your concerns and do not seek to punish the other parent by unreasonably holding on to the past.
6. Who’s interests are you really protecting?
Whenever the need to protect your children from your estranged spouse becomes paramount, reflect back on when you were together as a couple and how imperative was that very protection from your spouse at those times?
If the parent was qualified to be responsible for your children when you were a couple then recognize that he/she does not lose that simply because you are no longer together. Invest your emotions in being supportive of your shared parenting partner's role, not in looking for ways to undermine it. Don't make your concern about losing your close bond with your children cloud your ability to be fair and reasonable in mediating your shared parenting plan. Be sure when you committed to fight for the protection of your children it‘s really their interest you are trying to protect and not your own. You are not protecting them when you deny your ex spouse the opportunity to be a parent. You are protecting you and your needs. In the end, regardless of how valiant you see this effort, you are doing damage to the children.
Remember that as you are trying to protect them, they are simultaneously trying to protect you. Give them a forum for expression but know that their need to protect you may color their complaints about your ex spouse. Don’t hold your children to the same standard of truth and perception as you would in lesser trying times.
7. Children cannot have too much quality love or too many decent role models.
Extended families who are supportive of children and whose lives reflect a positive example cannot be a negative factor even if their presence creates in you feelings of jealousy, envy, anger and disappointment. The person who comes into your children's lives will not replace you, cannot replace you and will likely be supportive of your parenting role if given the opportunity. Remember this is true despite lavish gifts, expensive opportunities and famous pasts. Do not let your personal disappointments limit the time sharing opportunities where your children have the benefit of grandparents, new significant others and new siblings. You cannot lose your children to a new spouse but you can drive them away with obsessive anger, tortuous interrogations and denying them the opportunities to have two families.
Remember too, that you have already demonstrated to your children that partnerships between men and women can “crash and burn”. How powerful would it be for them to see that even though male-female relationships may fail on one level they can flourish on another? How would that impact them as they form their own male- female relationships in years to come?
8. Nothing in life is learned by doing something right.
We only learn by making mistakes. Think about that concept. Then embrace your mistakes for the life lessons they brought you. Through them you became the intelligent and capable person you are. If you now see the decision to marry or your choices and behaviors which led to its demise as “your mistakes" then look at how you have learned so very much from those mistakes. Look at how important what you learned will be in forming relationships all through the rest of your life. We all hope to learn as long as we live. Give yourself permission to make lots of mistakes and appreciate what you learn from each one of them. Allow your children and ex spouse that opportunity as well. Help them see the lesson without judgment. Do not let your mistakes or your former partners mistakes stand in the way of creating a workable shared parenting plan.
9. No one truly holds responsibility for your happiness but you.
We are a nation of blamers. Somehow that has permeated our marital and shared parenting relationships. Blaming your ex spouse is about the least valuable way to deal with any situation which may arise with your mediation negotiations or your time sharing itself.
Of course you are right and of course you can assign responsibility for failure to others but without looking at your own role in how you may have contributed to that failure you are simply wasting an opportunity for success. Be willing to look at your part in problems which arise and hold responsibility for it with commitment for change rather than mere tacit acknowledgement.
10. How we live and how we feel about our lives are always a "matter of choice".
Logic tells us that the bad things which happen to us should make us sad but it’s still a sadness we choose. Choose happiness and encourage your children to do the same. Always easier said than done, but, oh so much more rewarding in the end.
If you are demanding that others "make you happy" you will live in a world of constant disappointment. Generally that misplaced demand is exactly what destroys most relationships. Not finances. Not adultery.
This mediation will not "make you happy" but in choosing to resolve your marital dissolution in a cost effective and non litigious manner you can also choose to be happy. Remember – neither of the mediating parents should walk away the “winner” in these matters. Both of them should strive to make their children the “winners”. Don’t allow your ex spouse to steal your “chooser”. You alone make that decision even if it seems incongruent to all others such as your friends, your family and yes, even your lawyer.
11. "Fear" and its partner "Afraid" are limiting words.
Using them as part of your mediation and co parenting vocabulary and expressing them to your children has a paralyzing effect on the actions you want to take or you want them to take. The dictionary and thesaurus are filled with other words which work so much better. Try them. Do not bring "fear" with you to your mediation.
12. How you “say it” is as important as what you are saying.
The tones and body language you use in these mediated negotiations and in your time sharing efforts i.e. the way you say what you feel and express your concerns, should speak the same things as the words you choose to use. Tones and body language often speak "truth" while words often do not.
The collapse of your relationship itself can be traced to the day when your partner’s tones and body language ceased to convey the same meaning as words which were said to you. Your pets sense tone and what you are conveying by the tones you choose. Are you partners or your children less intelligent than your pets? Remember when the first time “I love you” didn’t sound like your partner meant it? Be mindful in your negotiations of the tones you use and the way you say what you want the other party to hear. You will find it amazing how much more your message is heard when you take out the angry tones. It’s not weakness to do so but, in fact, a higher plateau of self control. We can “do angry” easy, but can we learn to do co parenting communication? Which will better serve your children?
13. “ If you don’t ask, no one can tell you NO”.
Do not be afraid to put out into the universe that which you want for you and for your children.
Generally the more you ask someone to do for you the more they are willing to do. Strange isn’t it.
Negotiations are a “give and take” process and should be viewed in that fashion.
Remember too, that this is your legal matter, your future is on the line for years to come and the relationship with your children will be shaped by what you accomplish at mediation or, if unsuccessful, at trial.
You do not want to look back in anger over what you were afraid to ask for. Nor do you want to look back in anger over what you did ask for and decided not to pursue. Lobby strongly for what you want and need, take quality advice to heart from your attorney on the law and your mediator on the negotiations and use logic over emotion whenever possible.
Remember closure is a beautiful thing …at least until the next co parenting issue arises.
AS A SENIOR, WHAT YOU NEED TO KNOW IF YOU FALL
AS A SENIOR, WHAT YOU NEED TO KNOW IF YOU FALL
One of the greatest concerns for the senior clients of Brawer, Hirsch and Associates P.A. who are leading an elderly lifestyle is “falling”. When a serious fall occurs, the first concern is for the injured party’s care and for not complicating injuries by moving the individual before the extent of the injury is clear. Emergency medical attention is a must.
“Why the fall?” If insignificant, determine how to avoid it reoccurring and creating a more serious problem.
If serious, “why the fall?” is critical for compensation.
A common misconception is that a premises owner is the insurer of the safety of customers. This is not the law in Florida nor has it ever been the law in most states.
Owners’ of South Florida, West Georgia and Eastern Alabama premises only obligations are only to “warn” of dangers they are, or should be, aware, which may cause a shopper to fall. As they can only warn of the dangers of which they are aware, they are obligated to keep a close eye out for such conditions.
Ever heard the chimed reminder for floor managers to ‘check their areas’? This inspection protects stores for not warning of hazards that occur immediately before an injury with no time for warnings i.e. the danger cones, ropes or signs.
A fall due to the failure to warn of a known danger the elderly shopper couldn’t reasonably discover, makes the store liable for medical bills, pain, suffering and mental anguish.
Creating a report, including a description of the substance or hazard causing the fall, is essential. Names and contact information of all eye witnesses and employees at the scene is vital. Precise words any employee said or heard can be critical to a recovery. Examining and keeping the clothing, particularly the shoes worn in the fall, is also important.
David L. Hirsch ,Brawer Hirsch a/nd Associates PA principal office ,650 C SE Third Ave. Fort Lauderdale, FL 33301 954 522-1922 , GA /AL number 324-4444 a member of the FL, GA and AL and Amer. Bar Associations handling cases for over 32 years.
One of the greatest concerns for the senior clients of Brawer, Hirsch and Associates P.A. who are leading an elderly lifestyle is “falling”. When a serious fall occurs, the first concern is for the injured party’s care and for not complicating injuries by moving the individual before the extent of the injury is clear. Emergency medical attention is a must.
“Why the fall?” If insignificant, determine how to avoid it reoccurring and creating a more serious problem.
If serious, “why the fall?” is critical for compensation.
A common misconception is that a premises owner is the insurer of the safety of customers. This is not the law in Florida nor has it ever been the law in most states.
Owners’ of South Florida, West Georgia and Eastern Alabama premises only obligations are only to “warn” of dangers they are, or should be, aware, which may cause a shopper to fall. As they can only warn of the dangers of which they are aware, they are obligated to keep a close eye out for such conditions.
Ever heard the chimed reminder for floor managers to ‘check their areas’? This inspection protects stores for not warning of hazards that occur immediately before an injury with no time for warnings i.e. the danger cones, ropes or signs.
A fall due to the failure to warn of a known danger the elderly shopper couldn’t reasonably discover, makes the store liable for medical bills, pain, suffering and mental anguish.
Creating a report, including a description of the substance or hazard causing the fall, is essential. Names and contact information of all eye witnesses and employees at the scene is vital. Precise words any employee said or heard can be critical to a recovery. Examining and keeping the clothing, particularly the shoes worn in the fall, is also important.
David L. Hirsch ,Brawer Hirsch a/nd Associates PA principal office ,650 C SE Third Ave. Fort Lauderdale, FL 33301 954 522-1922 , GA /AL number 324-4444 a member of the FL, GA and AL and Amer. Bar Associations handling cases for over 32 years.
What is Chiropractic Medicine?
What is Chiropractic Medicine?
Chiropractic medicine is a health care profession that is used to heal the body naturally. This type of medicine assists in the healing of the central nervous system that is attached along the spinal column. Chiropractic medicine improves overall health by encouraging the proper placement of the bones which allows blood flow in and out of the organs and tissues of the body. Research has shown chiropractic therapy to be effective in pain management.
In general, chiropractic care focuses on the treatment of back pain, neck pain, joint pain and headaches (including migraines). Chiropractic does not include surgical procedures or the prescription of pharmacuetical medicines.
Some common causes of injuries are from vehicular accidents, slip and fall, recreational related.
We at Brawer, Hirsch and Associates, P.A. have working relationships with many quality Chiropractic clinics in the South Florida, West Georgia and East Alabama areas. Contac us at www.Brawerhirschlaw.com
Chiropractic medicine is a health care profession that is used to heal the body naturally. This type of medicine assists in the healing of the central nervous system that is attached along the spinal column. Chiropractic medicine improves overall health by encouraging the proper placement of the bones which allows blood flow in and out of the organs and tissues of the body. Research has shown chiropractic therapy to be effective in pain management.
In general, chiropractic care focuses on the treatment of back pain, neck pain, joint pain and headaches (including migraines). Chiropractic does not include surgical procedures or the prescription of pharmacuetical medicines.
Some common causes of injuries are from vehicular accidents, slip and fall, recreational related.
We at Brawer, Hirsch and Associates, P.A. have working relationships with many quality Chiropractic clinics in the South Florida, West Georgia and East Alabama areas. Contac us at www.Brawerhirschlaw.com
South Florida, West Georgia and East Alabama Social Security Disability Claims
South Florida, West Georgia and East Alabama Social Security Disability Claims
At Brawer Hirsch and Associates P.A. our attorneys through the years have helped innumerable people file for Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits. We have been helping injured workers for over thirty five years. Our lawyers assist disabled people and those out of work file for benefits.
When most people think of social security they think of retirement benefits. However, social security benefits are also paid to people who are disabled and unable to work. Brawer Hirsch and Associates P.A attorneys are committed to helping people obtain the benefits they have paid for through payroll deductions.
SSDI and SSI Claims
In addition to handing Social Security Disability Insurance (SSDI) claims, we also handle Supplemental Security Income (SSI) claims. These benefits are administered by the Social Security Administration (SSA) for people who are blind or disabled but have not contributed sufficiently to social security to be eligible for (SSDI).
Benefits Denied? We can help
The application process for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) is complicated and can be a very trying experience. A majority of people have their initial application denied. Our lawyers can help improve the chances of having an initial petition for benefits approved. Unfortunately, how information is presented can be the difference between having a petition accepted or rejected.
If you are disabled and need an experienced social security disability lawyer, please contact us immediately.
At Brawer Hirsch and Associates P.A. our attorneys through the years have helped innumerable people file for Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits. We have been helping injured workers for over thirty five years. Our lawyers assist disabled people and those out of work file for benefits.
When most people think of social security they think of retirement benefits. However, social security benefits are also paid to people who are disabled and unable to work. Brawer Hirsch and Associates P.A attorneys are committed to helping people obtain the benefits they have paid for through payroll deductions.
SSDI and SSI Claims
In addition to handing Social Security Disability Insurance (SSDI) claims, we also handle Supplemental Security Income (SSI) claims. These benefits are administered by the Social Security Administration (SSA) for people who are blind or disabled but have not contributed sufficiently to social security to be eligible for (SSDI).
Benefits Denied? We can help
The application process for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) is complicated and can be a very trying experience. A majority of people have their initial application denied. Our lawyers can help improve the chances of having an initial petition for benefits approved. Unfortunately, how information is presented can be the difference between having a petition accepted or rejected.
If you are disabled and need an experienced social security disability lawyer, please contact us immediately.
South Florida, West Georgia and East Alabama Dog Bite Injuries
South Florida, West Georgia and East Alabama Dog Bite Injuries
Have you or someone you love been seriously injured by a dog bite? A dangerous dog can cause major injuries for children, and an experienced attorney can make sure you do not bear the financial burden that is owed by a negligent dog owner. Brawer, Hirsch and Associates, P. A. attorneys protect the rights of dog bite victims in the South Florida,West Georgia and East Alabama areas.
Dog bites and animal attacks are cases of strict liability. If the animal in question has an owner, that owner is one hundred percent responsible for the actions of their animal. If you seek any type of medical treatment after your dog bite, you want to take legal action and make sure you get the compensation you deserve.
In many cases, dog bite and animal attack victims will be in need of immediate medical attention, as well as future surgery to minimize scarring and disfigurement. Protecting South Florida West Georgia and East Alabama area personal injury victims for over thirty nine years, we can identify all costs and future expenses so that you are not left holding the bag for costs that you may not be able to see right now.
You may feel like taking legal action is a risk, but it does not have to be. We handle all personal injury cases on a contingency basis, so you do not have to pay any legal fees until we get you a full recovery.
Dog bites can cause serious damage, and it is up to you to take them seriously and protect your rights.
Have you or someone you love been seriously injured by a dog bite? A dangerous dog can cause major injuries for children, and an experienced attorney can make sure you do not bear the financial burden that is owed by a negligent dog owner. Brawer, Hirsch and Associates, P. A. attorneys protect the rights of dog bite victims in the South Florida,West Georgia and East Alabama areas.
Dog bites and animal attacks are cases of strict liability. If the animal in question has an owner, that owner is one hundred percent responsible for the actions of their animal. If you seek any type of medical treatment after your dog bite, you want to take legal action and make sure you get the compensation you deserve.
In many cases, dog bite and animal attack victims will be in need of immediate medical attention, as well as future surgery to minimize scarring and disfigurement. Protecting South Florida West Georgia and East Alabama area personal injury victims for over thirty nine years, we can identify all costs and future expenses so that you are not left holding the bag for costs that you may not be able to see right now.
You may feel like taking legal action is a risk, but it does not have to be. We handle all personal injury cases on a contingency basis, so you do not have to pay any legal fees until we get you a full recovery.
Dog bites can cause serious damage, and it is up to you to take them seriously and protect your rights.
South Florida, West Georgia and East Alabama Slip & Fall Injury Lawyers
South Florida, West Georgia and East Alabama Slip & Fall Injury Lawyers
Our firm is committed to helping people who have been injured in as a result of a property owner’s negligence. Brawer Hirsch and Associates P.A. premises liability lawyers have extensive experience handling personal injury cases for clients throughout the South Florida area.
Slip ~ Trip ~ Fall ~
Premises liability cases (including slip and fall or trip and fall cases), involve injuries directly related to a property owner’s negligence. Our lawyers have successfully pursued personal injury cases against commercial, residential, retail, and governmental property owners. Some of the common causes of injuries in premises liability cases include:
• Defective lighting
• Unsecured electrical cords
• Spilled liquids
• Protruding store fixtures
• Uneven pavement
• Worn/raised carpeting and floorboards
Injuries associated with slip and fall, and trip and fall accidents are often serious and not always readily apparent. Neck, back, head, and knee injuries can prevent people from working and can cause financial hardship due to large medical bills and long rehabilitation periods.
Brawer Hirsch and Associates, P. A. premises liability lawyers understand that the common perception of slip and fall and trip and fall cases is that people are seeking to make a quick buck and that the injuries are not serious. Due to this perception, it is important to have a premises liability lawyer that is experienced at handling these cases and has the skill and experience to prove negligence in premises liability cases.
Our firm is committed to helping people who have been injured in as a result of a property owner’s negligence. Brawer Hirsch and Associates P.A. premises liability lawyers have extensive experience handling personal injury cases for clients throughout the South Florida area.
Slip ~ Trip ~ Fall ~
Premises liability cases (including slip and fall or trip and fall cases), involve injuries directly related to a property owner’s negligence. Our lawyers have successfully pursued personal injury cases against commercial, residential, retail, and governmental property owners. Some of the common causes of injuries in premises liability cases include:
• Defective lighting
• Unsecured electrical cords
• Spilled liquids
• Protruding store fixtures
• Uneven pavement
• Worn/raised carpeting and floorboards
Injuries associated with slip and fall, and trip and fall accidents are often serious and not always readily apparent. Neck, back, head, and knee injuries can prevent people from working and can cause financial hardship due to large medical bills and long rehabilitation periods.
Brawer Hirsch and Associates, P. A. premises liability lawyers understand that the common perception of slip and fall and trip and fall cases is that people are seeking to make a quick buck and that the injuries are not serious. Due to this perception, it is important to have a premises liability lawyer that is experienced at handling these cases and has the skill and experience to prove negligence in premises liability cases.
South Florida, West Georgia and East Alabama Motorcycle Accidents
South Florida, West Georgia and East Alabama Motorcycle Accidents
As bad as an auto accident can be, the potential risks are far greater if you have been injured in a motorcycle accident. Whether you have suffered a road burn or severe head injury, do not wait to get the medical care you need. An experienced lawyer can make sure your legal concerns are taken care of properly. At the Brawer Hirsch and Associates P.A. we protect the rights of South FL, West GA and East AL motorbike or motorcycle accident victims.
Motorcycles have the same rights on the road as all other motor vehicles, but many drivers insist on driving as though bikers are not there. Not seeing a motorcycle is not a valid excuse after an accident. Regardless of what the at-fault driver may say, you have rights and it is up to you to protect them in court.
In a high speed collision, cars and trucks offer certain layers of protection that motorcycles do not have. As a result, many motorcycle accidents result in serious, and often fatal, injuries including:
• Head Injury
• Traumatic Brain Injury
• Neck Injury
• Spinal Cord Injury
• Paralysis
• Quadriplegia
• Broken Bones
• Crushed Joints
• Torn Ligaments
• Severe Road Rash
When you have been severely injured, there can be hidden costs to recovery. It is important to consider future medical needs as well as immediate medical concerns. Taking a close look at your motorcycle accident and the injuries you have suffered, we will make sure your claim covers all the bases and is presented in a compelling fashion.
We handle all personal injury cases on a contingency fee basis, so you do not have to pay any lawyer fees until we get you the full extent of compensation you deserve We understand that you have a lot to consider during this difficult time, and we will make sure we are there for you.
As bad as an auto accident can be, the potential risks are far greater if you have been injured in a motorcycle accident. Whether you have suffered a road burn or severe head injury, do not wait to get the medical care you need. An experienced lawyer can make sure your legal concerns are taken care of properly. At the Brawer Hirsch and Associates P.A. we protect the rights of South FL, West GA and East AL motorbike or motorcycle accident victims.
Motorcycles have the same rights on the road as all other motor vehicles, but many drivers insist on driving as though bikers are not there. Not seeing a motorcycle is not a valid excuse after an accident. Regardless of what the at-fault driver may say, you have rights and it is up to you to protect them in court.
In a high speed collision, cars and trucks offer certain layers of protection that motorcycles do not have. As a result, many motorcycle accidents result in serious, and often fatal, injuries including:
• Head Injury
• Traumatic Brain Injury
• Neck Injury
• Spinal Cord Injury
• Paralysis
• Quadriplegia
• Broken Bones
• Crushed Joints
• Torn Ligaments
• Severe Road Rash
When you have been severely injured, there can be hidden costs to recovery. It is important to consider future medical needs as well as immediate medical concerns. Taking a close look at your motorcycle accident and the injuries you have suffered, we will make sure your claim covers all the bases and is presented in a compelling fashion.
We handle all personal injury cases on a contingency fee basis, so you do not have to pay any lawyer fees until we get you the full extent of compensation you deserve We understand that you have a lot to consider during this difficult time, and we will make sure we are there for you.
South Florida, West Georgia and East Alabama DUI Victims
South Florida, West Georgia and East Alabama DUI Victims
If you have been seriously injured in a drunk driving accident, an experienced attorney can protect your rights and make sure you get the full extent of compensation you deserve. At the Brawer Hirsch and Associates P.A., we will not just take the first settlement that crosses our desk. We will fight for a full recovery after your DUI or DWI car accident.
Insurance carriers like to settle cases quickly, especially when there is a clear indication of which driver was at fault. In a drunk driving accident, the issue of fault is resolved when the driver who hit you is arrested for drunk driving. However, the first settlement that comes your way may not take your losses into full consideration.
The last thing you want is a lawyer who will look at your case as an easy win. We will make a comprehensive analysis of your case as we determine the maximum available recovery. Even if it means more work up front, we are ready and willing to do whatever it takes to get you the medical care you need and financial compensation you deserve after your drunk driving accident.
Having protected car accident personal injury victims for over forty years, we know how to identify immediate, long-term, and potential future costs. We will make sure your insurance carrier considers all of your expenses as we negotiate a fair settlement or fight for you in court.
Handling all personal injury cases on a contingency basis, you will not have to pay any lawyer fees after your accident with a drunk driver until you have secured your recovery. We are here to help you through this difficult time, not add an additional burden.
Contact Us
Dedicated to personal injury settlement and litigation, Brawer Hirsch and Associates P.A., aids individuals who have been seriously hurt and are in need of compensation. We also offer home and hospital visits. Contact us today for a free initial consultation.
We also handle:
o Car Accidents
o Uninsured & Underinsured Motorists
o Drunk Driving Accidents
o Truck Accidents
o Motorcycle Accidents
o Pedestrian & Bicycle Accidents
o Premises Liability in Slip & Fall Accidents
o Dog Bites
•
o Workers’ Comp Claim Denied?
o Workplace Injuries
o Back & Spine Injuries
o Construction Accidents
o Heart Disease & Stroke
o Death Cases
•
o Denied Disability Claims
If you have been seriously injured in a drunk driving accident, an experienced attorney can protect your rights and make sure you get the full extent of compensation you deserve. At the Brawer Hirsch and Associates P.A., we will not just take the first settlement that crosses our desk. We will fight for a full recovery after your DUI or DWI car accident.
Insurance carriers like to settle cases quickly, especially when there is a clear indication of which driver was at fault. In a drunk driving accident, the issue of fault is resolved when the driver who hit you is arrested for drunk driving. However, the first settlement that comes your way may not take your losses into full consideration.
The last thing you want is a lawyer who will look at your case as an easy win. We will make a comprehensive analysis of your case as we determine the maximum available recovery. Even if it means more work up front, we are ready and willing to do whatever it takes to get you the medical care you need and financial compensation you deserve after your drunk driving accident.
Having protected car accident personal injury victims for over forty years, we know how to identify immediate, long-term, and potential future costs. We will make sure your insurance carrier considers all of your expenses as we negotiate a fair settlement or fight for you in court.
Handling all personal injury cases on a contingency basis, you will not have to pay any lawyer fees after your accident with a drunk driver until you have secured your recovery. We are here to help you through this difficult time, not add an additional burden.
Contact Us
Dedicated to personal injury settlement and litigation, Brawer Hirsch and Associates P.A., aids individuals who have been seriously hurt and are in need of compensation. We also offer home and hospital visits. Contact us today for a free initial consultation.
We also handle:
o Car Accidents
o Uninsured & Underinsured Motorists
o Drunk Driving Accidents
o Truck Accidents
o Motorcycle Accidents
o Pedestrian & Bicycle Accidents
o Premises Liability in Slip & Fall Accidents
o Dog Bites
•
o Workers’ Comp Claim Denied?
o Workplace Injuries
o Back & Spine Injuries
o Construction Accidents
o Heart Disease & Stroke
o Death Cases
•
o Denied Disability Claims
South Florida Area Personal Injury Attorneys
South Florida Area Personal Injury Attorneys
When you have legal concerns, you want to know that you have a place to turn. Whether you have suffered a serious personal injury in a car accident or you are going through a divorce, you want to have a lawyer who will do what it takes to protect your rights. At Brawer Hirsch and Associates P. A. we handle a wide range of personal injury, foreclosure defense, bankruptcy, short sale, real estate, family law, Social Security and hurricane/storm/property damage claim concerns for our South Florida Area, West Georgia and Eastern Alabama clients.
Originally licensed in 1975, the attorneys at Brawer Hirsch and Associates P. A have been providing deserving families of South Florida, Western Georgia and Eastern Alabama with a steady hand and logical, rational legal counsel during difficult times for over thirty five years. Providing personable and straightforward service, we do everything we can to be easy to talk to for our clients. Handling cases in a wide range of practice areas, we are ready to answer your questions and provide you with options.
Brawer Hirsch and Associates P. A ’s commitment to our clients and South Florida area, West Georgia and East Alabama area people in need has not waned in the past thirty five years. Today that same tradition is continues. We want to help you find solutions and we want to help you through your most difficult times.
Whether you have been injured by an automobile accident, car wreck, slip and fall, a work related injury or a wrongful death in the family, or if you have family law concerns from divorce, custody dissolution, time sharing parental issues or alimony or child support or modifications or special needs divorce issues or you have suffered storm or flood damage, we will listen to your concerns and provide you with options that will provide relief in your everyday life. We will talk to you, not just at you, so you have the information you need to do what is best for you and your family.
Whatever legal challenges you face, it is time to get answers and the help you deserve.
When you have legal concerns, you want to know that you have a place to turn. Whether you have suffered a serious personal injury in a car accident or you are going through a divorce, you want to have a lawyer who will do what it takes to protect your rights. At Brawer Hirsch and Associates P. A. we handle a wide range of personal injury, foreclosure defense, bankruptcy, short sale, real estate, family law, Social Security and hurricane/storm/property damage claim concerns for our South Florida Area, West Georgia and Eastern Alabama clients.
Originally licensed in 1975, the attorneys at Brawer Hirsch and Associates P. A have been providing deserving families of South Florida, Western Georgia and Eastern Alabama with a steady hand and logical, rational legal counsel during difficult times for over thirty five years. Providing personable and straightforward service, we do everything we can to be easy to talk to for our clients. Handling cases in a wide range of practice areas, we are ready to answer your questions and provide you with options.
Brawer Hirsch and Associates P. A ’s commitment to our clients and South Florida area, West Georgia and East Alabama area people in need has not waned in the past thirty five years. Today that same tradition is continues. We want to help you find solutions and we want to help you through your most difficult times.
Whether you have been injured by an automobile accident, car wreck, slip and fall, a work related injury or a wrongful death in the family, or if you have family law concerns from divorce, custody dissolution, time sharing parental issues or alimony or child support or modifications or special needs divorce issues or you have suffered storm or flood damage, we will listen to your concerns and provide you with options that will provide relief in your everyday life. We will talk to you, not just at you, so you have the information you need to do what is best for you and your family.
Whatever legal challenges you face, it is time to get answers and the help you deserve.
Recreational Accidents
Recreational Accidents include injuries from bicycle accidents, water park accidents, swimming pool accidents, amusement park accidents, diving accidents, and sports accidents. Recreational Accidents are the unfortunate result of what should have been a fun, safe, and enjoyable activity. Children are held to a lower standard of care than adults so many injuries which occur to young children are legally the fault of others who should have anticipated their carefree actions. School zone crossings are a perfect example. While in many instances a certain risk is assumed in some strenuous recreational activities, the same would not be true for spectators or even for injuries outside the zone of reason.
Meet the Attorneys- Brawer, Hirsch and Associates PA
Meet the Attorneys at Brawer Hirsch and Associates P.A.
An experienced lawyer can make all the difference when you have legal concerns; someone who can fight to protect your rights and provide solutions that provide help in your everyday life. At the Brawer Hirsch and Associates P.A. we have been helping South Florida Area, Georgia and Alabama clients with a wide range of legal concerns since 1975.
Whether you have been hurt in a car accident, fallen, need foreclosure defense, have family law issues, real estate matters or property damage from storm, hurricane or flood or your claim for social security benefits has been denied, the sooner you take action, the more we can do to help. Open during weekly business hours, we also make home and hospital visits by appointment. Contact us today for a free initial personal injury claim consultation.
• David L. Hirsch
An experienced lawyer can make all the difference when you have legal concerns; someone who can fight to protect your rights and provide solutions that provide help in your everyday life. At the Brawer Hirsch and Associates P.A. we have been helping South Florida Area, Georgia and Alabama clients with a wide range of legal concerns since 1975.
Whether you have been hurt in a car accident, fallen, need foreclosure defense, have family law issues, real estate matters or property damage from storm, hurricane or flood or your claim for social security benefits has been denied, the sooner you take action, the more we can do to help. Open during weekly business hours, we also make home and hospital visits by appointment. Contact us today for a free initial personal injury claim consultation.
• David L. Hirsch
Keeping a Personal Injury Case Diary
Keeping a Personal Injury Case Diary
After an accident, details of the accident and your injury may become vague when it's time to settle on a compensation amount for your pain, suffering and property damage. The personal injury lawyers at Brawer Hirsch and Associates P.A. suggest creating a personal injury case diary. Keeping a personal injury case diary memorializes facts from moments before the accident to the moment you present your dollar demand. Your case diary can help you chart all physical exams, discussions with the doctors or therapists and even the affect your injury has had on your family.
The following is a list of what you might want to include in your case diary:
• What you were doing just moments before the accident,
• What you remember about how the accident happened
• How you felt just after the accident.( Include a list of all the people around you when the accident occurred., time of day, the weather (if applicable) and what was occurring in the vicinity)
• Everything you noticed about your body after the accident; pain, breaks, sounds, and skin appearance.
• Immediately after the accident:
• Your moods
• Appetite
• pain level and location
• mobility issues
• sleep disturbances
• loss of sensation in your arms, legs or anywhere else on your body.
• List all doctors and therapy appointments with dates and times.
• Detail what the doctor told you, prescriptions given and the effect the drugs had on you.
• list all changes you had to make to your routine as a result of the accident
• List all assistance from family members that you needed
• All required rehabilitation in a nursing home or home health assistance or even hospitalization.
• All time lost from work
• If your injury affected your job performance your economic losses that your injury has cost you.
• All continued pains and changes you have had to make to your regular routine as a result of the injury.
Although keeping a Personal injury case diary can be a chore your memory will naturally fade so the more complete a picture of the total affect your injury has had on your life and your family, the more this will help you remember what you need to improve the chances of your receiving just compensation for your injury.
After an accident, details of the accident and your injury may become vague when it's time to settle on a compensation amount for your pain, suffering and property damage. The personal injury lawyers at Brawer Hirsch and Associates P.A. suggest creating a personal injury case diary. Keeping a personal injury case diary memorializes facts from moments before the accident to the moment you present your dollar demand. Your case diary can help you chart all physical exams, discussions with the doctors or therapists and even the affect your injury has had on your family.
The following is a list of what you might want to include in your case diary:
• What you were doing just moments before the accident,
• What you remember about how the accident happened
• How you felt just after the accident.( Include a list of all the people around you when the accident occurred., time of day, the weather (if applicable) and what was occurring in the vicinity)
• Everything you noticed about your body after the accident; pain, breaks, sounds, and skin appearance.
• Immediately after the accident:
• Your moods
• Appetite
• pain level and location
• mobility issues
• sleep disturbances
• loss of sensation in your arms, legs or anywhere else on your body.
• List all doctors and therapy appointments with dates and times.
• Detail what the doctor told you, prescriptions given and the effect the drugs had on you.
• list all changes you had to make to your routine as a result of the accident
• List all assistance from family members that you needed
• All required rehabilitation in a nursing home or home health assistance or even hospitalization.
• All time lost from work
• If your injury affected your job performance your economic losses that your injury has cost you.
• All continued pains and changes you have had to make to your regular routine as a result of the injury.
Although keeping a Personal injury case diary can be a chore your memory will naturally fade so the more complete a picture of the total affect your injury has had on your life and your family, the more this will help you remember what you need to improve the chances of your receiving just compensation for your injury.
Automobile Accidents
Automobile accidents are the most common type of vehicle accident and are a leading cause of personal injury and preventable death. Thousands die or are injured in car accidents every year and these road traffic accidents are cause for both civil and criminal liability. Drivers, passengers, and pedestrians may all be entitled to compensation for damages, injuries, and pain and suffering in road accidents caused by another's negligence. Claims against uninsured drivers, for medical expenses, serious injuries, defective vehicles, and for loss of income all may be grounds for a car accident lawsuit, whether the accident was a head-on collision, side collision, rear end collision, or a roll over.
Personal Injury Q & A
Brawer Hirsch and Associates P.A. offer the following question and answers as well as links to web pages concerning motor vehicle accident matters:
I was involved in an automobile crash caused by someone else. Who can I turn to for help in recovering damages to my vehicle and for my injuries?
The sole purpose of the Bureau of Financial Responsibility is to ensure that people are responsible for their actions involving motor vehicles. We do this by making sure everyone has insurance to pay for the damages they cause, or they may cause, when they own a motor vehicle or register a motor vehicle. We will help you recover your damages and be compensated for your injuries. The following information goes into greater detail on how we help people in these situations.
The Bureau of Financial Responsibility will take action to help you. Here is what we need from you.
1. Crash Report from a law enforcement agency that investigated the crash. The report must indicate a moving violation charge.
2. Obtain this at the earliest and send it to us. Please note that even if you don't, we will process the crash within the next 2-3 months automatically.
3. Proceed to obtain a final judgment from a Florida court against the at-fault party. Once a final judgment has been rendered and thirty days has expired from the final judgment date, obtain a certified copy from the court and send the certified judgment and the crash report to us.
Here is what will happen.
A. If the party had Personal Injury Protection and Property Damage insurance but no Bodily Injury coverage and you sustained both damages and injuries.
You can obtain the insurance details for property damage coverage from us by providing a written request along with a copy of the crash report and file for the damages with their insurance company. The judgment will be enforced for injuries. While normally the law provides us authority to suspend a license of an uninsured party only for 3 years, in the case we have a judgment, we have the authority to suspend licenses, tags and registrations for a period of 20 years or until the judgment is satisfied.
B. If the party had no insurance at all.
The judgment will be immediately enforced and the at-fault party's license, tags, and registrations will be suspended for 20 years or until the judgment is satisfied.
The reports and judgment must be sent to:
Bureau of Financial Responsibility
2900 Apalachee Parkway, Room A212, MS 98
Tallahassee, Florida 32399-0585
What type of automobile insurance coverage is required for a person causing a crash?
The Florida Financial Responsibility Law requires that any person at fault in a crash resulting in bodily injury and property damage to others must have in effect at the time of the crash full liability insurance coverage. This coverage includes minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash, $10,000 property damage liability per crash, and personal injury protection limits of $10,000 per person per crash.
What should I do if I am involved in an automobile crash?
Always insist that the crash be reported to law enforcement so that a law enforcement officer can complete the appropriate forms. We advise you not to negotiate a payment agreement with the other parties to settle damages. Doing it on your own without a crash report from a law enforcement officer could result in your not being fully compensated for damages and can expose you to personal liability since no official report of the crash exists and circumstances become your word against theirs. Our department will be unable to assist you if there is no crash report filled out by a law enforcement officer. Other suggestions include:
• Make sure the investigating officer records complete insurance information on the crash report.
• Report the crash to your insurance company immediately or within the time specified by your policy.
• If you determine that the other party is insured or uninsured, you should report the information to your insurance company so that they can pursue compensation since they have more information resources at their disposal.
• Never personally confront an at-fault party with demands as you may be dealing with a violent person. Allow your insurance company to handle that.
What if I am unable to contact my insurance agent to represent me and determine the at-fault party is insured or uninsured?
You should obtain a copy of the final crash report and forward it to:
Bureau of Financial Responsibility
Neil Kirkman Building, Room A212, MS-98
Tallahassee, Florida 32399-0585.
Request that the bureau process the crash. If the insurance company listed on the crash report has denied coverage, obtain a written letter of denial and attach to the report when mailing to the Bureau of Financial Responsibility.
If you have been involved in a crash and desire the insurance coverage for the other party, you may obtain the information by mailing your request to:
Bureau of Financial Responsibility
2900 Apalachee Parkway, Room A212, MS-98
Tallahassee, Florida 32399-0585.
You must include a copy of the complete crash report, front and back, or the driver exchange form. These forms will provide the department with the necessary information needed to expedite your request. You may fax the crash report to the bureau at 850-617-5216 .
Please allow ten working days for research and reply.
What will be required of the at-fault owner/operator when the crash report is processed?
In crashes involving property damages and bodily injuries, the Department of Highway Safety and Motor Vehicles will mail an inquiry to the owner/operator requesting they provide proof of bodily injury and property damage liability coverage at the time of the crash.
If they did not have this coverage, they must purchase this coverage and have it certified to the department on Form SR-22 for three years, andobtain releases from the victims that they were compensated fully for their bodily injuries and/or property damages.
The above requirements must be met before the suspension date in the inquiry notice to prevent the suspension of the owner's tags and registrations, and the operator's driver license for three years, unless compliance is met earlier. In addition, a $15 reinstatement fee is required if compliance is met after suspension.
If I am approached by the at-fault party regarding releases, what should I do?
Settlements for damages are at your discretion. However, if you have been compensated by your insurance company for any damages or injuries sustained in the crash, never sign a release or any document without consulting your insurance company.
When the company compensates you for your damages, they are vested with subrogation rights against the at-fault party. If you sign a release document you could be liable for monies paid to you by your insurance company.
What information is required of me at the scene of a crash, if I am at fault?
Be sure the officer records your insurance information completely and accurately. Accuracy of this information including the full name of the insurance company, will allow the department to send the information directly to your company for verification and not contact you for the information. Incomplete or inaccurate information could result in an unnecessary suspension of your driver license, tags and registrations.
If I cause a crash involving personal injury and vehicle damage and I am not insured, what should I do?
To eliminate the possibility of suspension, you should purchase a full liability insurance policy (includes bodily injury liability) as soon as possible and advise the company that you were involved in an uninsured crash and may need a Form SR-22 (certification of liability insurance) in the future.
Negotiate with each person or their insurance company to satisfy the losses they incurred. If you are unable to pay the damages in full, you can negotiate a payment agreement to allow monthly payments. Always have a document completed to legitimize the agreement to be used as proof of payments required by the department. Release forms can be obtained from your nearest driver license office.
If their insurance company has compensated the person for damages, you should contact the insurance company for satisfaction of damages since the insurance company has assumed the loss.
If I have obtained the Form SR-22 and the releases for damages and/or injuries, what should I do with them?
When you receive an inquiry from the department requesting proof of coverage for the crash date, you may mail them to:
Bureau of Financial Responsibility
2900 Apalachee Parkway , Room A212, MS-98
Tallahassee, Florida 32399-0585
or take them to your nearest driver license office to avoid a suspension of your driving privilege.
As the person causing a crash, am I subject to lawsuits initiated by the victims or their insurance companies?
Yes. If notified of a lawsuit do not ignore the summons. You should appear in court to protect yourself from unwarranted or excessive damage amounts. Even if you are unable to pay the damages/injuries in full, you will have an opportunity to petition the court to allow you to make periodic payments according to your income. If you have obtained releases for having settled their damages and/or personal injuries, you will not be subject to a lawsuit.
If I own a vehicle and the operator caused a crash involving only property damages, will it come under the Florida Financial Responsibility Law?
No. A crash involving no bodily injuries are subject to the Florida Motor Vehicle No-Fault Law. The law requires that an owner whose vehicle is involved in a crash and the operator was charged with a moving traffic violation, must have in effect a policy with limits of $10,000 personal injury protection per person/per crash and $10,000 property damage liability per crash (compulsory coverage).
Complete insurance information should be given to the investigating officer and you should be sure that the information is properly and accurately recorded on the crash report. Proper recording of the information will eliminate the need for the department to contact you personally in the future for more accurate information and eliminate the possibility of unnecessary suspensions of your driver license, tags and registrations.
If I own a vehicle involved in a crash caused by the operator of my vehicle, no one was injured and I was not insured, what should I do?
Immediately purchase a personal injury protection and property damage liability (compulsory coverage) insurance policy.
Negotiate with each person that sustained property damages to obtain releases for their damages. If the person is insured, you should negotiate with the person's insurance company as the company assumes the rights of compensation since they have reimbursed the insured for their loss. You can obtain a release form from your nearest driver license office.
If you are unable to pay the amount of damages in full, you may pursue a monthly payment agreement.
With the insurance coverage and releases or monthly repayment agreements, you will be able to provide them upon notice from the department to avoid unnecessary suspensions of your driver license, tags, and registrations.
If neither the owner nor operator of the at-fault vehicle carried full coverage on date of a crash involving personal injuries, what will happen?
The crash report will be processed by the Department of Highway Safety and Motor Vehicles and notices mailed to the driver license address of the owner and operator involved on how to comply before the date of suspension in the notice. These requirements are:
1. Purchase bodily injury and property damage liability coverage and have it certified to the Department of Highway Safety and Motor Vehicles by your insurance company on Form SR-22 for three years from the suspension date mentioned,
2. Obtain releases from the other parties for their property damages and/or bodily injuries or post a security deposit with the department in the amounts listed on the crash report, and
3. Pay a $15 reinstatement fee, if applicable.
Who can I call for clarification?
I am thoroughly confused about all these automobile insurance laws. I want to talk to someone who can help me understand. Who can I call?
Call the Department of Highway Safety and Motor Vehicles, Customer Service Center, at (850) 617-2000.
http://www.flhsmv.gov/ddl/frfaqcrash.html
I am registering a vehicle for the first time in Florida. Is automobile insurance mandatory?
Yes. If you own a vehicle with at least four wheels and are registering it, you must have Florida insurance.
What type of insurance is required to purchase and maintain a Florida license plate and registration?
Florida's minimum coverage is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL) as long as you have a valid Florida license plate.
What is "Personal Injury Protection" (PIP) insurance?
Also called Florida No Fault Insurance, Personal Injury Protection (PIP) Insurance covers you - regardless of fault (i.e. whether or not you cause the crash) - up to the limits of your policy. Your PIP will also cover your child, members of your household, certain passengers who lack PIP Insurance as long as they do not own a vehicle. People riding in your vehicle who carry PIP will receive coverage under their own PIP for their injuries, and certain licensed drivers who drive your vehicle with your permission. PIP also covers your child if he or she suffers an injury while riding on a school bus. PIP coverage protects you while in someone else's vehicle, as a pedestrian, or bicyclist if you suffer an injury in a crash involving a motor vehicle. The Florida Motor Vehicle No-Fault Law, requires all owner/registrants of a motor vehicle with four wheels or more to carry a minimum of $10,000 of Personal Injury Protection (PIP) and $10,000 of property damage liability (PDL) if you own a motor vehicle in Florida. Florida law requires you to maintain PIP/PDL insurance continuously throughout the licensing and registration period.
What is " Bodily Injury Liability" (BIL) insurance?
Bodily Injury Liability coverage pays for serious and permanent injury or death to others when you cause a crash involving your automobile. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation for you if you get sued. In particular, your company pays for injuries caused by you or members of your family who live with you, even if they were driving someone else's vehicle. It may also cover others who drive your automobile with your permission. This coverage also provides you with legal defense in the event you are sued by the injured party.
What is "Property Damage Liability" (PDL) insurance?
This coverage pays for damages you or members of your family cause (and are liable for) to other people's property in a crash involving a motor vehicle.
What is meant by "Florida Coverage"?
Florida coverage is an insurance policy delivered or issued for delivery in Florida by an insurance company licensed by the Florida Department of Financial Services.
Can I maintain my current policy issued in my previous state of residence?
No. The minimum required insurance must be issued through a Florida agent with an insurance company licensed to sell in Florida. Most insurers have Florida agents and are licensed to issue policies in Florida. Just ask your agent to transfer your current insurance to Florida when you register a vehicle in Florida.
What if I fail to keep insurance on my vehicle that I have registered in Florida?
The Department of Highway Safety and Motor Vehicles is authorized to suspend your driving privilege, including your vehicle license plate and registration, for up to three years or until proof of Florida insurance is provided, whichever is first.
If my driving privilege is suspended because I am not properly insured, is there a penalty to reinstate my license?
Yes. A reinstatement fee of $150 up to $500, for subsequent violations, must be paid and you must provide proof of current Florida insurance.
I live outside Florida for six months a year. When not in Florida, my vehicle is in storage and not used. Must I maintain automobile insurance?
Yes. Any vehicle holding a valid Florida license plate and registration must be covered by a Florida insurance policy throughout the entire registration period. When you leave Florida, you may surrender your license plate and registration at the nearest driver license or Tax Collector office to avoid maintaining your policy. You can always register your vehicle upon your return to Florida, at which time you can provide proof of Florida insurance.
I am not a resident of Florida but I have business that keeps me in Florida sometimes for several months at a time. Must I comply with Florida's insurance laws?
Yes. Any person who has a vehicle in Florida for more than 90 days during a 365-day period must purchase personal injury protection and property damage liability insurance coverage. The 90 days do not have to be consecutive.
I own multiple vehicles. Some are not used for different reasons, but the county I live in requires that the vehicles remain registered. Must I maintain insurance coverage on these vehicles?
Yes. Insurance coverage must be maintained throughout the entire vehicle registration period, whether the vehicle is used or not.
What can I do to avoid a driving privilege suspension when I choose not to insure a vehicle?
To avoid a driving privilege suspension, surrender the vehicle's license plate and registration at any Florida driver license or Tax Collector office, prior to canceling your insurance policy.
If my driving privilege is suspended for no insurance, will I be granted a temporary driver license for Business or Employment purposes?
No. There is no provision in Florida's motor vehicle insurance laws for the issuance of any sort of temporary or restricted driver license for financial responsibility suspensions.
I am self-employed as a taxi driver and the only vehicle I own is registered as a taxicab. Must I carry automobile insurance?
Yes. You must carry Bodily Injury Liability (BIL) coverage of $125,000 per person, $250,000 per occurrence and $50,000 for property damage liability (PDL) coverage.
I am moving out of state and will not be registered in Florida any more. Can I cancel my insurance?
Do not cancel your insurance until you have registered in the other state. Florida insurance is required as long as you are registered in Florida, regardless of whether you drive in Florida. Once you are registered in the other state, you can cancel Florida insurance and comply with the insurance requirements of the state you have moved to. If you are retaining the same carrier, they can switch you simultaneously with registration change.
http://www.flhsmv.gov/Spanish/
The penalty for a FIRST DUI conviction is:
• A fine of $250 to $500
• Imprisonment for up to six months
• Monthly reporting probation period (the total period of imprisonment plus probation may not exceed on year)
• Community-service work, with a minimum of 50 hours served
• Completion of an approved substance-abuse education course conducted by a DUI program licensed by the Department of Highway Safety and Motor Vehicles
• Revocation of the driver’s license for at least 180 days and up to one year
• Impoundment of the vehicle that was operated by the defendant for 10 days
SECOND conviction for DUI:
• A fine between $500 to $1,000
• If within 5 years of a previous conviction, a minimum 5 years revocation of driver’s license
• Imprisonment for not more than 9 months
• Completion of an approved substance-abuse education course conducted by a DUI program licensed by the DHSMV
• Installment of an ignition interlock device on all vehicles owned, leased, and routinely operated by the offender for a period of one year
THIRD conviction for DUI within 10 years of the prior convictions:
• Requires a fine between $2,000 and $5,000
• Defendant is guilty of a third-degree felony
• Mandatory imprisonment of at least 30 days
• Minimum 10 years revocation of driver’s license
• An ignition interlock device will be placed on all vehicles owned, leased, and routinely operated by the offender for a period of two years when the person becomes eligible for a license
• Impoundment of all vehicles owned by the defendant for 90 days
THRID conviction for DUI not within 10 years
• Requires a fine between $1,000 and $2,500
• Imprisonment for not more than 12 months
• An ignition interlock device will be placed on all vehicles owned, leased, and routinely operated by the offender for a period of at least two years when the person becomes eligible for a license
FOURTH conviction for DUI:
• Is guilty of a third-degree felony
• Imprisonment for not more than 5 years
• The offender’s license is permanently revoked, with no chance for a hardship hearing
• The fine imposed may not be less than $1,000
Florida’s Zero Tolerance Law - Simple answers to common questions!
Here are some simple answers to common questions about Florida’s Zero Tolerance Law for driver’s under the age of 21. The law is found in Section 322.2616, Florida Statutes.
What is the unlawful breath-alcohol level for a driver under age 21?
It is illegal for anyone under age 21 to drink alcoholic beverages. However, the Florida Legislature set the illegal breath alcohol level at .02 grams of alcohol per 210 liters of breath so that drivers under age 21 can take small amounts of medication containing alcohol would not lose their licenses.
How much can I drink before I reach .02?
Everyone’s body reacts differently to alcohol. Some people will reach .02 after drinking less than 12 ounces of a beer or a wine cooler.
Can I be arrested for DUI if I am under age 21?
Yes, if you are driving under the influence to the extent that your normal faculties are impaired or your breath-alcohol level is above .08, you can be arrested for DUI.
Will I be arrested for violating the Zero Tolerance Law?
No.
Will I lose my license if I am caught driving with a breath-alcohol level above .02?
Yes.
How long will I lose my license?
For a first offense, it will be suspended for at least six months.
Will my parents be called?
If you are under age 18, yes.
Will I be fined for violating the Zero Tolerance Law?
No, but you will have to pay a fee to get your license reinstated.
Will my insurance rates go up?
Probably.
Will I have an illegal breath alcohol level if I take cough syrup or other medication containing alcohol?
If you follow the directions, most medications will be not produce an .02 level. But, some medications contain other drugs that impair. You should not drive after taking a medicine that causes drowsiness.
DRUNK DRIVING IS NOT A VICTIMLESS CRIME!
A DUI CONVICTION STAYS ON YOUR CRIMINAL RECORD IN FLORIDA FOR LIFE!
AVOID ALCOHOL & OTHER DRUGS, ALWAYS BUCKLE UP AND NEVER RIDE WITH AN IMPAIRED DRIVER!
http://www.floridasadd.org/duilaws.htm
Florida Law provides that a Fourth Conviction for DUI requires a mandatory permanent revocation of your driver license. This mandatory permanent revocation of your driver license is required regardless of when the three prior DUI convictions occurred. Unfortunately, no hardship reinstatement is allowed under Florida law.
I was involved in an automobile crash caused by someone else. Who can I turn to for help in recovering damages to my vehicle and for my injuries?
The sole purpose of the Bureau of Financial Responsibility is to ensure that people are responsible for their actions involving motor vehicles. We do this by making sure everyone has insurance to pay for the damages they cause, or they may cause, when they own a motor vehicle or register a motor vehicle. We will help you recover your damages and be compensated for your injuries. The following information goes into greater detail on how we help people in these situations.
The Bureau of Financial Responsibility will take action to help you. Here is what we need from you.
1. Crash Report from a law enforcement agency that investigated the crash. The report must indicate a moving violation charge.
2. Obtain this at the earliest and send it to us. Please note that even if you don't, we will process the crash within the next 2-3 months automatically.
3. Proceed to obtain a final judgment from a Florida court against the at-fault party. Once a final judgment has been rendered and thirty days has expired from the final judgment date, obtain a certified copy from the court and send the certified judgment and the crash report to us.
Here is what will happen.
A. If the party had Personal Injury Protection and Property Damage insurance but no Bodily Injury coverage and you sustained both damages and injuries.
You can obtain the insurance details for property damage coverage from us by providing a written request along with a copy of the crash report and file for the damages with their insurance company. The judgment will be enforced for injuries. While normally the law provides us authority to suspend a license of an uninsured party only for 3 years, in the case we have a judgment, we have the authority to suspend licenses, tags and registrations for a period of 20 years or until the judgment is satisfied.
B. If the party had no insurance at all.
The judgment will be immediately enforced and the at-fault party's license, tags, and registrations will be suspended for 20 years or until the judgment is satisfied.
The reports and judgment must be sent to:
Bureau of Financial Responsibility
2900 Apalachee Parkway, Room A212, MS 98
Tallahassee, Florida 32399-0585
What type of automobile insurance coverage is required for a person causing a crash?
The Florida Financial Responsibility Law requires that any person at fault in a crash resulting in bodily injury and property damage to others must have in effect at the time of the crash full liability insurance coverage. This coverage includes minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash, $10,000 property damage liability per crash, and personal injury protection limits of $10,000 per person per crash.
What should I do if I am involved in an automobile crash?
Always insist that the crash be reported to law enforcement so that a law enforcement officer can complete the appropriate forms. We advise you not to negotiate a payment agreement with the other parties to settle damages. Doing it on your own without a crash report from a law enforcement officer could result in your not being fully compensated for damages and can expose you to personal liability since no official report of the crash exists and circumstances become your word against theirs. Our department will be unable to assist you if there is no crash report filled out by a law enforcement officer. Other suggestions include:
• Make sure the investigating officer records complete insurance information on the crash report.
• Report the crash to your insurance company immediately or within the time specified by your policy.
• If you determine that the other party is insured or uninsured, you should report the information to your insurance company so that they can pursue compensation since they have more information resources at their disposal.
• Never personally confront an at-fault party with demands as you may be dealing with a violent person. Allow your insurance company to handle that.
What if I am unable to contact my insurance agent to represent me and determine the at-fault party is insured or uninsured?
You should obtain a copy of the final crash report and forward it to:
Bureau of Financial Responsibility
Neil Kirkman Building, Room A212, MS-98
Tallahassee, Florida 32399-0585.
Request that the bureau process the crash. If the insurance company listed on the crash report has denied coverage, obtain a written letter of denial and attach to the report when mailing to the Bureau of Financial Responsibility.
If you have been involved in a crash and desire the insurance coverage for the other party, you may obtain the information by mailing your request to:
Bureau of Financial Responsibility
2900 Apalachee Parkway, Room A212, MS-98
Tallahassee, Florida 32399-0585.
You must include a copy of the complete crash report, front and back, or the driver exchange form. These forms will provide the department with the necessary information needed to expedite your request. You may fax the crash report to the bureau at 850-617-5216 .
Please allow ten working days for research and reply.
What will be required of the at-fault owner/operator when the crash report is processed?
In crashes involving property damages and bodily injuries, the Department of Highway Safety and Motor Vehicles will mail an inquiry to the owner/operator requesting they provide proof of bodily injury and property damage liability coverage at the time of the crash.
If they did not have this coverage, they must purchase this coverage and have it certified to the department on Form SR-22 for three years, andobtain releases from the victims that they were compensated fully for their bodily injuries and/or property damages.
The above requirements must be met before the suspension date in the inquiry notice to prevent the suspension of the owner's tags and registrations, and the operator's driver license for three years, unless compliance is met earlier. In addition, a $15 reinstatement fee is required if compliance is met after suspension.
If I am approached by the at-fault party regarding releases, what should I do?
Settlements for damages are at your discretion. However, if you have been compensated by your insurance company for any damages or injuries sustained in the crash, never sign a release or any document without consulting your insurance company.
When the company compensates you for your damages, they are vested with subrogation rights against the at-fault party. If you sign a release document you could be liable for monies paid to you by your insurance company.
What information is required of me at the scene of a crash, if I am at fault?
Be sure the officer records your insurance information completely and accurately. Accuracy of this information including the full name of the insurance company, will allow the department to send the information directly to your company for verification and not contact you for the information. Incomplete or inaccurate information could result in an unnecessary suspension of your driver license, tags and registrations.
If I cause a crash involving personal injury and vehicle damage and I am not insured, what should I do?
To eliminate the possibility of suspension, you should purchase a full liability insurance policy (includes bodily injury liability) as soon as possible and advise the company that you were involved in an uninsured crash and may need a Form SR-22 (certification of liability insurance) in the future.
Negotiate with each person or their insurance company to satisfy the losses they incurred. If you are unable to pay the damages in full, you can negotiate a payment agreement to allow monthly payments. Always have a document completed to legitimize the agreement to be used as proof of payments required by the department. Release forms can be obtained from your nearest driver license office.
If their insurance company has compensated the person for damages, you should contact the insurance company for satisfaction of damages since the insurance company has assumed the loss.
If I have obtained the Form SR-22 and the releases for damages and/or injuries, what should I do with them?
When you receive an inquiry from the department requesting proof of coverage for the crash date, you may mail them to:
Bureau of Financial Responsibility
2900 Apalachee Parkway , Room A212, MS-98
Tallahassee, Florida 32399-0585
or take them to your nearest driver license office to avoid a suspension of your driving privilege.
As the person causing a crash, am I subject to lawsuits initiated by the victims or their insurance companies?
Yes. If notified of a lawsuit do not ignore the summons. You should appear in court to protect yourself from unwarranted or excessive damage amounts. Even if you are unable to pay the damages/injuries in full, you will have an opportunity to petition the court to allow you to make periodic payments according to your income. If you have obtained releases for having settled their damages and/or personal injuries, you will not be subject to a lawsuit.
If I own a vehicle and the operator caused a crash involving only property damages, will it come under the Florida Financial Responsibility Law?
No. A crash involving no bodily injuries are subject to the Florida Motor Vehicle No-Fault Law. The law requires that an owner whose vehicle is involved in a crash and the operator was charged with a moving traffic violation, must have in effect a policy with limits of $10,000 personal injury protection per person/per crash and $10,000 property damage liability per crash (compulsory coverage).
Complete insurance information should be given to the investigating officer and you should be sure that the information is properly and accurately recorded on the crash report. Proper recording of the information will eliminate the need for the department to contact you personally in the future for more accurate information and eliminate the possibility of unnecessary suspensions of your driver license, tags and registrations.
If I own a vehicle involved in a crash caused by the operator of my vehicle, no one was injured and I was not insured, what should I do?
Immediately purchase a personal injury protection and property damage liability (compulsory coverage) insurance policy.
Negotiate with each person that sustained property damages to obtain releases for their damages. If the person is insured, you should negotiate with the person's insurance company as the company assumes the rights of compensation since they have reimbursed the insured for their loss. You can obtain a release form from your nearest driver license office.
If you are unable to pay the amount of damages in full, you may pursue a monthly payment agreement.
With the insurance coverage and releases or monthly repayment agreements, you will be able to provide them upon notice from the department to avoid unnecessary suspensions of your driver license, tags, and registrations.
If neither the owner nor operator of the at-fault vehicle carried full coverage on date of a crash involving personal injuries, what will happen?
The crash report will be processed by the Department of Highway Safety and Motor Vehicles and notices mailed to the driver license address of the owner and operator involved on how to comply before the date of suspension in the notice. These requirements are:
1. Purchase bodily injury and property damage liability coverage and have it certified to the Department of Highway Safety and Motor Vehicles by your insurance company on Form SR-22 for three years from the suspension date mentioned,
2. Obtain releases from the other parties for their property damages and/or bodily injuries or post a security deposit with the department in the amounts listed on the crash report, and
3. Pay a $15 reinstatement fee, if applicable.
Who can I call for clarification?
I am thoroughly confused about all these automobile insurance laws. I want to talk to someone who can help me understand. Who can I call?
Call the Department of Highway Safety and Motor Vehicles, Customer Service Center, at (850) 617-2000.
http://www.flhsmv.gov/ddl/frfaqcrash.html
I am registering a vehicle for the first time in Florida. Is automobile insurance mandatory?
Yes. If you own a vehicle with at least four wheels and are registering it, you must have Florida insurance.
What type of insurance is required to purchase and maintain a Florida license plate and registration?
Florida's minimum coverage is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL) as long as you have a valid Florida license plate.
What is "Personal Injury Protection" (PIP) insurance?
Also called Florida No Fault Insurance, Personal Injury Protection (PIP) Insurance covers you - regardless of fault (i.e. whether or not you cause the crash) - up to the limits of your policy. Your PIP will also cover your child, members of your household, certain passengers who lack PIP Insurance as long as they do not own a vehicle. People riding in your vehicle who carry PIP will receive coverage under their own PIP for their injuries, and certain licensed drivers who drive your vehicle with your permission. PIP also covers your child if he or she suffers an injury while riding on a school bus. PIP coverage protects you while in someone else's vehicle, as a pedestrian, or bicyclist if you suffer an injury in a crash involving a motor vehicle. The Florida Motor Vehicle No-Fault Law, requires all owner/registrants of a motor vehicle with four wheels or more to carry a minimum of $10,000 of Personal Injury Protection (PIP) and $10,000 of property damage liability (PDL) if you own a motor vehicle in Florida. Florida law requires you to maintain PIP/PDL insurance continuously throughout the licensing and registration period.
What is " Bodily Injury Liability" (BIL) insurance?
Bodily Injury Liability coverage pays for serious and permanent injury or death to others when you cause a crash involving your automobile. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation for you if you get sued. In particular, your company pays for injuries caused by you or members of your family who live with you, even if they were driving someone else's vehicle. It may also cover others who drive your automobile with your permission. This coverage also provides you with legal defense in the event you are sued by the injured party.
What is "Property Damage Liability" (PDL) insurance?
This coverage pays for damages you or members of your family cause (and are liable for) to other people's property in a crash involving a motor vehicle.
What is meant by "Florida Coverage"?
Florida coverage is an insurance policy delivered or issued for delivery in Florida by an insurance company licensed by the Florida Department of Financial Services.
Can I maintain my current policy issued in my previous state of residence?
No. The minimum required insurance must be issued through a Florida agent with an insurance company licensed to sell in Florida. Most insurers have Florida agents and are licensed to issue policies in Florida. Just ask your agent to transfer your current insurance to Florida when you register a vehicle in Florida.
What if I fail to keep insurance on my vehicle that I have registered in Florida?
The Department of Highway Safety and Motor Vehicles is authorized to suspend your driving privilege, including your vehicle license plate and registration, for up to three years or until proof of Florida insurance is provided, whichever is first.
If my driving privilege is suspended because I am not properly insured, is there a penalty to reinstate my license?
Yes. A reinstatement fee of $150 up to $500, for subsequent violations, must be paid and you must provide proof of current Florida insurance.
I live outside Florida for six months a year. When not in Florida, my vehicle is in storage and not used. Must I maintain automobile insurance?
Yes. Any vehicle holding a valid Florida license plate and registration must be covered by a Florida insurance policy throughout the entire registration period. When you leave Florida, you may surrender your license plate and registration at the nearest driver license or Tax Collector office to avoid maintaining your policy. You can always register your vehicle upon your return to Florida, at which time you can provide proof of Florida insurance.
I am not a resident of Florida but I have business that keeps me in Florida sometimes for several months at a time. Must I comply with Florida's insurance laws?
Yes. Any person who has a vehicle in Florida for more than 90 days during a 365-day period must purchase personal injury protection and property damage liability insurance coverage. The 90 days do not have to be consecutive.
I own multiple vehicles. Some are not used for different reasons, but the county I live in requires that the vehicles remain registered. Must I maintain insurance coverage on these vehicles?
Yes. Insurance coverage must be maintained throughout the entire vehicle registration period, whether the vehicle is used or not.
What can I do to avoid a driving privilege suspension when I choose not to insure a vehicle?
To avoid a driving privilege suspension, surrender the vehicle's license plate and registration at any Florida driver license or Tax Collector office, prior to canceling your insurance policy.
If my driving privilege is suspended for no insurance, will I be granted a temporary driver license for Business or Employment purposes?
No. There is no provision in Florida's motor vehicle insurance laws for the issuance of any sort of temporary or restricted driver license for financial responsibility suspensions.
I am self-employed as a taxi driver and the only vehicle I own is registered as a taxicab. Must I carry automobile insurance?
Yes. You must carry Bodily Injury Liability (BIL) coverage of $125,000 per person, $250,000 per occurrence and $50,000 for property damage liability (PDL) coverage.
I am moving out of state and will not be registered in Florida any more. Can I cancel my insurance?
Do not cancel your insurance until you have registered in the other state. Florida insurance is required as long as you are registered in Florida, regardless of whether you drive in Florida. Once you are registered in the other state, you can cancel Florida insurance and comply with the insurance requirements of the state you have moved to. If you are retaining the same carrier, they can switch you simultaneously with registration change.
http://www.flhsmv.gov/Spanish/
The penalty for a FIRST DUI conviction is:
• A fine of $250 to $500
• Imprisonment for up to six months
• Monthly reporting probation period (the total period of imprisonment plus probation may not exceed on year)
• Community-service work, with a minimum of 50 hours served
• Completion of an approved substance-abuse education course conducted by a DUI program licensed by the Department of Highway Safety and Motor Vehicles
• Revocation of the driver’s license for at least 180 days and up to one year
• Impoundment of the vehicle that was operated by the defendant for 10 days
SECOND conviction for DUI:
• A fine between $500 to $1,000
• If within 5 years of a previous conviction, a minimum 5 years revocation of driver’s license
• Imprisonment for not more than 9 months
• Completion of an approved substance-abuse education course conducted by a DUI program licensed by the DHSMV
• Installment of an ignition interlock device on all vehicles owned, leased, and routinely operated by the offender for a period of one year
THIRD conviction for DUI within 10 years of the prior convictions:
• Requires a fine between $2,000 and $5,000
• Defendant is guilty of a third-degree felony
• Mandatory imprisonment of at least 30 days
• Minimum 10 years revocation of driver’s license
• An ignition interlock device will be placed on all vehicles owned, leased, and routinely operated by the offender for a period of two years when the person becomes eligible for a license
• Impoundment of all vehicles owned by the defendant for 90 days
THRID conviction for DUI not within 10 years
• Requires a fine between $1,000 and $2,500
• Imprisonment for not more than 12 months
• An ignition interlock device will be placed on all vehicles owned, leased, and routinely operated by the offender for a period of at least two years when the person becomes eligible for a license
FOURTH conviction for DUI:
• Is guilty of a third-degree felony
• Imprisonment for not more than 5 years
• The offender’s license is permanently revoked, with no chance for a hardship hearing
• The fine imposed may not be less than $1,000
Florida’s Zero Tolerance Law - Simple answers to common questions!
Here are some simple answers to common questions about Florida’s Zero Tolerance Law for driver’s under the age of 21. The law is found in Section 322.2616, Florida Statutes.
What is the unlawful breath-alcohol level for a driver under age 21?
It is illegal for anyone under age 21 to drink alcoholic beverages. However, the Florida Legislature set the illegal breath alcohol level at .02 grams of alcohol per 210 liters of breath so that drivers under age 21 can take small amounts of medication containing alcohol would not lose their licenses.
How much can I drink before I reach .02?
Everyone’s body reacts differently to alcohol. Some people will reach .02 after drinking less than 12 ounces of a beer or a wine cooler.
Can I be arrested for DUI if I am under age 21?
Yes, if you are driving under the influence to the extent that your normal faculties are impaired or your breath-alcohol level is above .08, you can be arrested for DUI.
Will I be arrested for violating the Zero Tolerance Law?
No.
Will I lose my license if I am caught driving with a breath-alcohol level above .02?
Yes.
How long will I lose my license?
For a first offense, it will be suspended for at least six months.
Will my parents be called?
If you are under age 18, yes.
Will I be fined for violating the Zero Tolerance Law?
No, but you will have to pay a fee to get your license reinstated.
Will my insurance rates go up?
Probably.
Will I have an illegal breath alcohol level if I take cough syrup or other medication containing alcohol?
If you follow the directions, most medications will be not produce an .02 level. But, some medications contain other drugs that impair. You should not drive after taking a medicine that causes drowsiness.
DRUNK DRIVING IS NOT A VICTIMLESS CRIME!
A DUI CONVICTION STAYS ON YOUR CRIMINAL RECORD IN FLORIDA FOR LIFE!
AVOID ALCOHOL & OTHER DRUGS, ALWAYS BUCKLE UP AND NEVER RIDE WITH AN IMPAIRED DRIVER!
http://www.floridasadd.org/duilaws.htm
Florida Law provides that a Fourth Conviction for DUI requires a mandatory permanent revocation of your driver license. This mandatory permanent revocation of your driver license is required regardless of when the three prior DUI convictions occurred. Unfortunately, no hardship reinstatement is allowed under Florida law.
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