Family Law

OTHER FAMILY LAW COURT MATTERS

There are many other types of family law matters that we handle here at Brodzki Jacobs, including:

  • Custody for extended family members (if uncontested)
  • Adoptions (including step-parent and second parent and confirmatory adoptions)
  • Name Change
  • Gender Marker Change
  • Prenuptial and Postnuptial Agreements
  • Cohabitation and Life planning Agreements
  • Surrogacy and Donor Agreements
  • Parenting Agreements
Family Law

Custody for extended family members

All too often these days, extended family members like grandparents and aunts and uncles are raising their grandchildren, nieces and nephews. Custody for Extended Family Members is a court process that gives the extended family legal rights to act on behalf of the children instead of (or sometimes in addition to) the parents. This can arise because of the parents’ substance abuse issues, being incarcerated, or even being deployed in the military. With the consent of the parents, this is a simple legal process that can protect the family.

Adoption

We handle step-parent and second parent adoptions for all families in Florida. We can also assist with adoptions through the department of children and families or other private adoptions. When not contested by any other parent or person who claims a right of custody to the child, these kinds of adoptions are simple and can be accomplished within a relatively short period of time. Helping create families is one of the great joys at Brodzki Jacobs.

Name Change

Need to change your name? If you’re getting divorced and want to go back to your maiden name, you are entitled to have your name changed as part of your divorce at no extra expense. But what if you have a name that you don’t want? As long as your reason for changing your name is not to evade creditors or avoid law enforcement, you can change your name through a simple court process. The Attorneys at Brodzki Jacobs are experienced and will guide you through the process with ease. For our friends in the Transgender community, a name change is often a critical step in the transitioning process. We are honored to represent members of the LGBT community in all areas of our practice.

Gender Marker Change

Changing one’s gender marker in Florida is another simple process, as long as you’ve met the legal requirements. Gender marker changes require a doctor’s certification regarding gender transition. As of January 2018, Florida still recognizes only male and female genders, and does not offer a third gender option as some other states do. If the law should evolve, we will certainly update our information.

AGREEMENTS

There are many types of agreements that the Attorneys at Brodzki Jacobs draft on behalf of our family law clients. They all serve different purposes, and they are drafted at different points in time. We have drafted thousands agreements of all kinds, and you can be sure that your agreement will be drafted in accordance with the requirements of Florida law, and will be enforceable in the future.

PRENUPTIAL/PREMARITAL AGREEMENTS

A prenuptial or premarital agreement is an agreement signed by a couple who are intending to get married. There are many different goals that can be accomplished by way of a prenuptial agreement. But there are two main parts of any prenuptial agreement: divorce planning and estate planning.

A prenuptial agreement can determine in advance of a marriage how property and debt acquired during the marriage will be divided in the event of a divorce. It can limit or eliminate the wealthier spouse’s obligations to pay alimony in a divorce. It can effectively waive one spouse’s interest in another spouse’s property, including retirement, real estate and other assets.

A prenuptial agreement can also be a valuable estate planning tool, especially for second marriages where one or both spouses have children from previous marriages. Prenuptial agreements can waive certain rights that a spouse would otherwise have in the estate of their spouse upon death. Only in an agreement can such rights be waived.

In order to ensure that your prenuptial/premarital agreement is enforceable and valid, certain requirements need to be met. This is not a document you want to print off the internet. This is your life. Your money. Your future. You want to put it in the hands of professionals who are experts in the field. You can trust the lawyers at Brodzki Jacobs to prepare an agreement that will meet your needs, and stand up in court.

POSTNUPTIAL/SEPARATION AGREEMENTS

There are many reasons people might want to sign an agreement after they are married, even though they are not intending to divorce at the time. Sometimes people feel that their marriage will have a better chance at surviving if the couple separates for a period of time. Florida does not recognize “legal separation” in terms of a separate status. You are either married or divorced. You are either living together or you are separated. But there is no such thing as filing an action in a Florida Court to separate legally from your spouse. However, you can negotiate a post-nuptial or separation agreement to spell out your rights and obligations during the separation, or during the rest of your marriage. Even parenting plans can be negotiated on a temporary basis in a post-nuptial or separation agreement. Depending on what you put in the agreement, and exactly what you want to accomplish and include, these agreements can be as limited or as comprehensive as you want them to be.

SETTLEMENT AGREEMENTS

When you are getting divorced or you are separating from your child’s other parent, you need a settlement agreement. Whether it is a Marital Settlement Agreement, a Property Settlement Agreement or a Paternity Settlement Agreement, all of them accomplish the same thing: they spell out both parties’ rights and obligations. It is absolutely essential that you get expert legal advice in negotiating and drafting these important documents. Mistakes can cost hundreds of thousands of dollars. Don’t risk doing it yourself. Consult with the Attorneys at Brodzki Jacobs.

Family Law

CO-HABITATION AND LIFE PLANNING AGREEMENTS

More and more people are choosing to enter into long-term relationships without getting married. Co-habitation agreements, or life planning agreements, help provide clarity and structure to your life partnership. You wouldn’t embark on a business partnership without a partnership agreement, so why would you enter into a financial and personal partnership that is 24/7 without an agreement that defines everyone’s rights and responsibilities, and provide for a framework for dissolving that partnership if and when that becomes necessary? These agreements can insulate your long-term relationship from unforeseen consequences and expensive litigation. These agreements are enforceable as any other contract would be.

SURROGACY OR DONOR AGREEMENTS

Florida has statutory protections for persons who need to use Assisted Reproductive Technology (ART) such as: In vitro fertilization (IVF), Zygote intrafallopian transfer (ZIFT) or Tubal embryo transfer (TET), and Gamete intrafallopian transfer (GIFT). Our attorneys are experienced in drafting agreements for use in situations where a surrogate will be carrying a child for a couple, or where a donor is donating sperm or eggs for use by a couple. We can also review forms offered at fertility clinics to ensure that parents who sign up for ART leave with their parental rights intact.

PARENTING AGREEMENTS

Parenting Plans are critical operating documents for families in transition. The attorneys at Brodzki Jacobs have drafted thousands of parenting plans for families as diverse as one could imagine. Every family is unique. Every parenting plan must be tailored to your family’s particular needs. Our attorneys can help you avoid common pitfalls and future litigation over misunderstandings that could easily have been avoided with a properly drafted parenting plan.