April, 2020 - Simms Law Firm

Will I Get To Spend Time With My Child If We Get Divorced?

Your relationship with your child is very important, not only for you and the child, but that relationship is important to the Judge, representing the interests of the state of Florida.

Florida courts strive to make sure your child spends as much time as possible with each parent. The Court has wide discretion to consider the work schedule of each parent, the schooling of the child, and even the travel time required for time-sharing, among other factors.

In many cases, Florida courts are now awarding a 50/50 time share split with equal sharing of most parental responsibilities.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

I’ve Lost My Job: Am I Going To Have To Pay Child Support?

We are now living in a pandemic with all its terrible economic consequences. Significantly, many businesses are having to cut back their workforce, and worse, some businesses are closing their doors.

If you have lost your job, it does not necessarily relieve you from child support payments. Your obligation doesn’t automatically stop even though you may have reduced or no income. You need to petition the Court to modify your support obligation. This will likely be easier in the aftermath of this unprecedented time.

The child support statutes do allow for modification due to economic hardship. But, remember, you have to ask.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

My Wife Says She’s Going To Leave Florida And Take Our Kids

In Coronavirus times many divorced parents to want to flee, with their children, perhaps to their hometown, or to their parents’ home, or the like. But, be careful before you make such a threat. The law is probably not going to be on your side.

Florida has a genuine interest in your children and their well-being. This includes the right they have to be with both parents. So, in the absence of a specific agreement between the parents, the Court will be reluctant to let one parent take the children, and can even order the return of the children to their Florida home.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

Can You Sue Someone If You Get Coronavirus?

Many cases have been successfully brought concerning the transmission of viruses or infectious diseases, including during a pandemic. Past lawsuits pertaining to Ebola, Swine Flu and HIV/AIDS, and can serve as an indication of whether you can sue a person or business if you contract the novel coronavirus – COVID-19.

California courts have ruled that suits regarding the negligent transmission of sexual diseases, such as the HIV/AIDS virus, can proceed if the infected person knew or should have known he or she had the virus.

Some states have criminalized the transmission of HIV/AIDS.

A Texas court held that it would be possible for a husband to sue for his wife’s contraction of the HIV/AIDS virus.

And recently, the Supreme Court of Texas heard a case involving a claim brought under the Texas Medical Liability Act. A nurse who cared for a patient infected with Ebola went to Ohio to shop at a bridal shop. Once she returned to Dallas, she became ill and was later diagnosed with Ebola herself. The bridal shop claimed the hospital where the nurse worked was negligent for failure to prevent transmission of the Ebola virus to the nurse. The case was dismissed on procedural grounds so it remains unsettled whether such a claim could be successful.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

The Most Important Legal Document for the Coronavirus – the Durable Power of Attorney

We never want to think about getting sick. But, most of us are thinking about it all the time now.

If you become ill or incapacitated and need someone to take over your finances, the most important document to have is a fully executed Durable Power of Attorney. This document will enable someone you trust to take care of your financial affairs if you fall ill.

It is not enough to prepare documents using online forms. These generic forms may not work and may not suit your specific needs. And most importantly, in order to be valid, they must be properly signed, witnessed and notarized.

Extreme times call for extreme measures.

The Law Office of Debra G. Simms has implemented such measures. Our office space has been reconfigured to allow for social distancing to meet with clients. We are here to help.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

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