The Gufford Law Firm, P.A.The Gufford Law Firm, P.A.2025-12-23T15:49:29Zhttps://www.treasurecoastlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1103127/2023/04/cropped-GuffordLaw_site-icon-32x32.pngOn Behalf of The Gufford Law Firm, P.A.<![CDATA[Co-parenting communication: Texts, emails and apps in court]]>https://www.treasurecoastlawfirm.com/?p=539932025-12-23T15:49:29Z2025-12-23T15:49:29ZWhen parents share custody, every message can carry weight. Texts, emails and co-parenting apps are often reviewed in family court to help judges decide what serves your child’s best interests. How you communicate with the other parent may show whether you are fostering a positive relationship, which is one of Florida’s key factors in custody decisions. Even small exchanges, if documented, can influence how a judge views your cooperation and involvement.
The impact of your messages
All written communication between co-parents can be considered evidence. Judges often look at the tone, frequency and content of these messages. Communication that shows respect and collaboration may support your case for shared decision-making. On the other hand, one-sided refusals to reply or hostile messages can raise concerns about your willingness to foster a healthy relationship. Keeping records of your interactions can provide a clear timeline of events if disputes arise.
Tips for maintaining constructive communication
In Florida custody cases, courts often look at whether each parent is making a good-faith effort to support communication and a healthy relationship between the child and the other parent. Because written messages can reflect that effort, the way conversations are handled matters. Using positive communication does not mean avoiding difficult topics. It means framing those discussions in ways that show cooperation and focus on the child. Some practices that may support your case include:
Keeping messages concise and focused on the child’s needs
Asking questions instead of making demands
Acknowledging the other parent’s perspective when appropriate
Using co-parenting apps that automatically log exchanges
Avoiding emotionally charged language or personal attacks
Applying these practices can create a written record that shows your commitment to cooperation. Over time, these records may help the court see your role in supporting your child’s relationship with both parents.
Making your communication work for your child
Your words can influence how the court sees your parenting style. Demonstrating patience, consistency and respect through texts, emails and apps may reflect your dedication to your child’s well-being. Thoughtful communication can help show that you prioritize your child’s best interests and support a positive co-parenting relationship.]]>On Behalf of The Gufford Law Firm, P.A.<![CDATA[Putting your loved one in involuntary treatment: Worth the risk?]]>https://www.treasurecoastlawfirm.com/?p=539692025-11-05T09:18:52Z2025-11-05T08:08:43ZSeparating the disease from the person
Seeing your loved one’s pain can cause you to intervene by filing for involuntary treatment. This decision may feel like a betrayal to them, prompting them to resent you.
Feeling guilty about your intervention is normal, especially when the action damages the relationship. Instead of thinking that you are fighting your loved one, consider that you are fighting their substance abuse. Intervening now can help you stop their cyclical pain from worsening in the future.
Helping your loved one heal from a legal perspective
Under the Marchman Act in Florida, you can legally order your loved one into a substance abuse assessment, provided they meet the following criteria:
Your loved one is unable to control their substance abuse.
Your loved one’s substance use is clouding their judgment.
Your loved one is posing a danger to themselves and to others.
The process begins when you file a petition with the Clerk of Court. Then, your loved one enters hearings that assess their condition and order an appropriate treatment.
Mending your relationship with your loved one
Helping your loved one recover from substance abuse is possible. While you may encounter obstacles along the way, your support can help them overcome this difficult situation. Although your loved one may express resentment during the process, being present in their lives is crucial in fixing the relationship.
Filing for an involuntary treatment can be overwhelming to handle. Seeking professional legal advice can help you proceed with caution.]]>On Behalf of The Gufford Law Firm, P.A.<![CDATA[Divorce in Florida: Safeguarding what matters most to kids]]>https://www.treasurecoastlawfirm.com/?p=539532025-09-10T15:17:44Z2025-09-10T15:17:44Zchild’s best interests in mind, will help reduce stress and protect your relationship with them.
Here are three major legal areas that directly impact children in divorce, along with steps you can take to support their well-being.
Parenting plans and time-sharing
In Florida, custody is called time-sharing, and a detailed parenting plan is required in every case involving minor children. Even if parents agree, the court must review and approve the plan before it becomes enforceable.
This plan explains where the child will live and how much time they will spend with each parent. It also sets out how important decisions about education, health and activities will be made.
To protect your child’s wellbeing, focus on building a plan that prioritizes stability and routine. Children adjust best with clear routines and active involvement from both parents.
Child support obligations
Florida law requires both parents to contribute financially to raising their children. The state uses a statutory formula for child support. This takes into account income, overnight stays, the child’s needs and expenses, such as health insurance and childcare.
Your child’s well-being depends on having their needs met, so keep financial disputes private. View child support as a way to provide housing, health care and education rather than a bargaining tool.
Decision-making for health and education
Courts often favor shared parental responsibility, requiring both parents to make decisions together about health care, schooling and activities. However, in cases where shared authority would harm a child’s best interests, a judge may grant one parent sole responsibility.
Protecting your child’s well-being here means approaching these decisions with cooperation. Even if communication with your co-parent is strained, keep discussions about doctors, teachers and activities focused on what benefits your child.
Moving forward
By understanding Florida’s family laws and working with the right support, you can focus on giving your child the stability and care they need during this transition.
If you are considering divorce in Stuart or Port St. Lucie, having legal guidance can be critical. An experienced family law attorney can explain how the laws apply to your situation and help you navigate complex issues like parenting plans and child support. Professional help can ensure that your child’s wellbeing remains at the center of the process.]]>On Behalf of The Gufford Law Firm, P.A.<![CDATA[Six ways to build an effective co-parenting relationship]]>https://www.treasurecoastlawfirm.com/?p=539502025-06-30T14:38:51Z2025-06-30T14:38:51Zproductive co-parenting relationship.
Tips to build a strong co-parenting relationship
There’s no cookie cutter approach to building a co-parenting relationship. The specific approach you take will depend on the facts and your family dynamics. That said, here are some steps that might help you ease tensions and build the effective co-parenting relationship that your child deserves:
Set clear boundaries: You and the other parent need to respect each other’s personal lives and focus on what’s best for your child. It therefore might be beneficial to set parameters with the other parent early on so that you have shared expectations. This will better ensure that you and the other parent don’t get into fights over things that truly have nothing to do with your child.
Put everything in writing: A lot of parents make the mistake of playing custody and visitation issues by ear. This invites disagreement and conflict. To get on the same page, you and the other parent need to determine your parenting schedules early on and put it in writing. That way if there’s a disagreement, you have time to resolve it before the issue impacts your child.
Be willing to be flexible: You probably aren’t going to get everything you want out of your co-parenting arrangement. That’s okay. If you can be flexible with the other parent on pick up and drop off times, activities and even days of visitation, you might generate good will that allows you flexibility when you need it. By being reasonable here without jeopardizing your child’s best interests, you can build a stronger co-parenting relationship.
Keep your child out of it: Using your child as a messenger or talking poorly about the other parent while in your child’s presence can affect them psychologically and emotionally. It can negatively impact their relationship with both parents, too, so regardless of your intentions, putting the child in the middle of your custody dispute can backfire.
Find consistency: Although your child will spend time in two separate households, it’s important that you and the other parent find some sort of consistency in house rules and discipline. If you don’t, then one parent may be viewed by your child as the “bad” parent, which can negatively affect their relationship with that parent.
Discuss changes ahead of time: Springing a sudden change on the other parent without any notice can generate conflict. So, when something needs to change, try to give as much advanced notice as possible so that you and the other parent have time to discuss the change and come to a consensus before the change takes effect.
What if your co-parenting relationship continues to fail?
If, despite your best efforts, your co-parenting relationship continues to fail, then it may be time to take the matter to court. A contempt hearing could be necessary if you need the court to coerce the other parent into complying with court orders, or you might be in a position to modify the existing custody arrangement to limit the other parent’s time with your child. Either way, you need to step into court prepared.
]]>On Behalf of The Gufford Law Firm, P.A.<![CDATA[The Baker Act explained: Compassionate help for mental health crises]]>https://www.treasurecoastlawfirm.com/?p=539272025-05-09T14:32:35Z2025-05-09T14:31:24ZWatching someone you care about struggle during a mental health crisis is terrifying. You might feel helpless, unsure of what to do. Taking legal action might not be appropriate in such delicate situations, either. However in Florida, the Baker Act is designed for situations like this. Sometimes, a person’s mental state becomes so unstable that they need urgent help. Invoking the Baker Act helps protect not just others, but the person in need of mental health care, even if they would normally refuse help.
The Baker Act, officially known as the Florida Mental Health Act, gives certain individuals the authority to intervene. It allows trained professionals to evaluate and temporarily detain a person with a serious mental illness if they are a threat to their safety or the safety of others. This law isn't meant to punish. It’s designed to protect and provide people with the care they need quickly and safely during a mental health emergency.Before resorting to the Baker Act, it is important to understand who qualifies for this kind of assistance.
When does the Baker Act apply?
Understanding when the Baker Act applies can be confusing, especially during a crisis. It’s important to know the specific criteria that determine whether this legal process can be used to assure safety and provide necessary care.If you are wondering when this statute applies to a situation, a person must meet all three of the following conditions to qualify:
The person is experiencing a serious mental illness: Their thoughts, emotions or behavior are so unstable that they can’t manage daily life
The person is refusing voluntary treatment or are unable to make informed decisions: They might not realize they need help, or may be too impaired to choose care on their own
The person is posing a danger to themselves or others: This could include suicidal actions, threats of violence or severe self neglect.
If someone meets all these conditions, the next step is to know who can legally start the process.
Who can start the Baker Act process?
There are only certain individuals who have the legal authority to initiate the Baker Act. These include law enforcement officers. They can take someone into custody and transport them to a mental health facility if they observe aggressive behavior caused by mental illness. Licensed mental health professionals, such as psychiatrists or clinical psychologists, are another group that can initiate the statute. They can issue a certificate for an involuntary evaluation based on their observations or credible reports. Lastly, a judge can authorize the Baker Act through a signed court order after reviewing evidence provided by a concerned family member or another individual.Once any of these authorized personalities initiates the Baker Act on a person, a set of processes begins to make sure that the person gets the appropriate care and evaluation.
What happens when someone invokes the Baker Act?
Once an authorized person initiates the Baker Act, they transport the subject to a designated mental health facility. Here, the staff begins an evaluation that can last up to 72 hours. During this period, mental health professionals assess the person's condition and determine the best action for the patient. Depending on their findings, the facility may release the subject if they no longer meet the criteria for involuntary examination, or, in rare cases, the facility may request extended care through the court.While the process is intended to protect those in crisis, starting it is often emotionally difficult, especially if it involves someone you care about.
The difficulties of invoking the Act
Choosing to invoke the Baker Act on someone you love isn't easy. They may feel scared, angry or betrayed. You yourself may feel overwhelmed with guilt or uncertainty. But stepping in might be the most compassionate thing you can do, especially when they can’t see how much danger they are in.Invoking the Baker Act on a loved one can be a difficult decision, but you don’t have to make that choice unprepared. Try consulting with a mental health professional. Get legal guidance. Most of all, don’t forget to take care of yourself during this crisis. Compassion matters on both sides of a crisis.]]>On Behalf of The Gufford Law Firm, P.A.<![CDATA[Be aware of these changes to Florida’s custody laws]]>https://www.treasurecoastlawfirm.com/?p=538942025-03-21T21:11:42Z2025-03-21T21:11:42Zchanges to Florida law that you need to be aware of as you head into your custody case. Let’s take a closer look so that you have a better idea of what you’ll need to address in your case to try to secure the custody arrangement that you want for your child.
Recent changes to Florida’s child custody laws
Florida’s child custody statues changed in a significant way last year. To start, the law now presumes that an even split, 50/50 parenting time arrangement is in the child’s best interests. While the court can deviate from this presumption, compelling evidence justifying such deviation must be shown to better support the child’s best interests. The purpose of this change in the law is to even the playing field for mothers and fathers, ensuring that they both come into a child custody case on even footing.
But that’s not the only change recently enacted into law. The statute on custody modification was also adjusted to remove the “unanticipated” nature of a substantial change in circumstances that must be shown to secure a modification. Now, you merely have to show that there’s been a material and substantial change in circumstances and that modification is in the child’s best interests.
Also, the law on custody modification related to parental relocation has changed. Previously, a parent who relocated nearer to the child still had to show a material change in circumstances to seek a custody modification. Now, though, a parent need only show that they’ve moved within 50 miles of the child to successfully establish that there’s been a change significant enough to warrant a modification request.
What does all of this mean for you?
These changes to the law mean that both parents are on more equal footing as they navigate a custody dispute. That may be beneficial to you, or it might put you in a position where you need to present strong evidence to protect the custody arrangement that’s in place. Either way, you need to be cognizant of these laws moving forward so that you can craft the persuasive legal arguments that may be necessary to protect your child’s best interests.
Competently navigate your child custody dispute
The outcome of your child custody dispute will shape the interactions you have with your child and your ability to build and maintain a relationship with them. Therefore, you have to know how to competently and confidently navigate the facts of your case in light of new applicable laws.
We understand that can be challenging to do when you’re coping with the emotional realties of your situation, but you can’t let the pressure of the situation get the best of you. So, if you think that you need help articulating your child custody arguments and advocating for the outcome that you think is in your child’s best interest, then now is the time to start gathering evidence and crafting your legal arguments.]]>On Behalf of The Gufford Law Firm, P.A.<![CDATA[The Rights of Grandparents in Custody and Visitation Cases]]>https://www.treasurecoastlawfirm.com/?p=537822025-01-10T01:19:00Z2025-01-10T01:19:00ZWhen Florida grandparents can seek visitation with their grandchildren
There are several circumstances that may warrant a petition for grandparent visitation. One common scenario is when the child in question has been removed from the parent for abuse or neglect and has subsequently been adjudicated to be a dependent child. But there are other situations where a grandparent visitation or custody petition is warranted. This includes the following situations:
The child’s parents have been missing for 90 days despite diligent efforts to locate them.
The child’s parents are deceased.
The child’s parents are in a vegetative state.
One of the child’s parents is missing, deceased or in a vegetative state while the other has been convicted of a felony offense that poses a threat to the child’s safety and well-being.
The child’s parents have otherwise been deemed unfit.
Gathering evidence to support a grandparent visitation request
Since the state provides a lot of deference to parental preferences, you’re going to need compelling evidence to demonstrate why your proposed custody or visitation arrangement is in the child’s best interests. As you gather that evidence, keep in mind that the court will assess the following best interest factors in making a determination on the petition:
The grandparents’ stability and ability to provide the child with a safe and stable home.
The extent of the bond between the child and their grandparents.
The grandparents’ ability to meet the child’s emotional, educational and physical needs.
The extent of ongoing contact between the grandparents and the child.
The existence of emotional ties between the grandparents and the child.
While your own testimony can be helpful when seeking visitation or custody, you shouldn’t rely on it alone. Instead, consider whether there are other witnesses who can support your position, or whether there’s documentary evidence to buttress your arguments. For example, if you’re seeking to show that the child’s parents are unfit, then you might want to use drug screen results or substance use treatment records if drug or alcohol abuse is in question. Be diligent here so that you can present a persuasive case.
Act now to protect your grandchild’s best interests
Your involvement in your grandchild’s life is important. But it’s up to you to advocate for that involvement if the child’s parents are blocking you from playing the role that you want in the child’s life. If you’re prepared to file a petition for grandparent visitation or custody, then now is the time to get to work understanding the law, gathering evidence and crafting the compelling legal arguments necessary to succeed.]]>On Behalf of The Gufford Law Firm, P.A.<![CDATA[The rise of prenuptial agreements among millennials]]>https://www.treasurecoastlawfirm.com/?p=537282024-11-13T17:06:19Z2024-11-13T17:06:19ZWhy prenuptial agreements have become popular
There are various factors that contribute to the increase in popularity of prenuptial agreements. Millennials generally recognize the importance of long-term financial security.
Although it is common to start out in a marriage with little to no assets, this situation is likely to change throughout the years.
Real estate, income and retirement accounts often grow throughout the course of marriage. A prenuptial agreement protects these assets.
Compared to previous generations, millennials tend to carry more debt, in the form of student loans or credit card debt. They are often worried that they will be responsible for their spouse’s debt if they divorce. A prenuptial agreement can prevent one spouse from having to take on the debt of another.
As with prenuptial agreements, divorce is more common than in previous years and no longer holds the same stigma it once had. Millennials entering second marriages have experience with the complexities of dividing marital assets and debts in a divorce and may want a prenuptial agreement to avoid that again in the future.
Although prenuptial agreements are becoming more popular, you might not be sure if one is right for you. There are pros and cons to a prenuptial agreement to consider before deciding.
Benefits to a prenuptial agreement
Money problems are among the most commonly cited reasons for divorce and financial problems often cause strain on a marriage. A prenuptial agreement forces you and your spouse to discuss finances and learn how each of you manage money.
Additionally, a prenuptial agreement allows you and your spouse to make decisions about your finances instead of a court or judge. This often means an overall cost savings if you divorce.
A prenuptial agreement is also a good idea if you have valuable assets that you want to protect, such as family heirlooms.
Overall, a pre-nuptial agreement can help you and your partner communicate about finances and understand each other’s financial goals and attitudes towards money.
Drawbacks to a prenuptial agreement
However, a prenuptial agreement does have some disadvantages. Talking about a prenuptial agreement is not romantic and can lead to feelings of distrust or resentment. You might learn that your partner has a very different attitude about finances than you do and this could impact your relationship.
Once a prenuptial agreement is executed, it can be challenging to revoke or modify it. A modification is possible if your financial circumstances change and/or you and your spouse agree to it, but it is not always easy.
In many cases, the partner who suggests a prenuptial agreement is the one who has more assets or is in a better financial position and therefore has more to lose. Although Florida law states that you cannot be coerced into signing a prenuptial agreement, a prenuptial agreement can create a power imbalance in your marriage.
Whether a prenuptial agreement is best for you depends on your situation. It is a decision that should be made only after giving it careful thought.]]>On Behalf of The Gufford Law Firm, P.A.<![CDATA[Divorce rates have declined in recent years]]>https://www.treasurecoastlawfirm.com/?p=536602024-09-13T16:10:46Z2024-09-17T16:08:27Zdivorce, with that number even higher if it is not a first marriage. However, statistics over the past few years show that the divorce rate is declining.
In fact, according to the Centers for Disease Control and Prevention, the overall divorce rate decreased from 3.6 per 1000 people in 2010 to 2.4 per 100 people in 2022. Additionally, the marriage rate appears to be increasing. Statistics show that the marriage rate rose to 6.2% in 2022.
These new statistics demonstrate that the claim that half of all marriages end in divorce is rather misleading.
Potential reasons for the decline
There are several potential reasons for the decline in divorces. One is that couples tend to get married at older ages than in the past. Couples today are more likely to get married later in life after they have reached a certain level of financial success.
Emotional maturity and the ability to work through complicated issues or problems often come with age, which means couples who marry later in life may be better able to withstand the challenges a marriage brings.
Another possible reason is that there are simply fewer marriages today than in the past. With less people getting married, there will naturally be fewer divorces.
Although divorce rates are declining, divorces do still happen for many reasons. Infidelity and lack of commitment are common reasons for divorce. Financial difficulties also often cause strain between married couples, leading to divorce.
Some Florida couples may avoid divorce simply because the divorce process seems complicated or overwhelming. Many people are afraid of losing their financial stability after a divorce.
Preparing for a divorce
If this sounds like you, there are many steps you can take to prepare for divorce before filing.
Learn everything you can about your current financial situation. Identify and document your financial life.
This includes gathering documentation on your real estate, bank accounts, investments, retirement accounts and any other assets. Do the same for your debts.
Property division is one of the most complicated aspects of divorce. This involves dividing your marital property in a fair and equitable manner. You cannot do this without a full picture of your financial circumstances.
How to handle social media
Change passwords to your accounts, both financial and non-financial. You would be surprised at how even innocent social media posts can turn into incriminating evidence in a divorce.
For example, perhaps you file a claim for alimony because you need some income to live on while you search for a job to support yourself after divorce. You then decide to enjoy a night out with friends who are helping you through this difficult time.
If you post a picture of yourself out with friends, your spouse may use this to claim that you do not need the alimony, since you are out spending money with friends. It is usually best to stay off social media when you are going through a divorce.
Start planning your post-divorce budget. Recognize that most divorces involve adjusting to a lower standard of living, even just temporarily. Staying organized and realistic can make the transition smoother.
When divorce happens, emotions run high and making major decisions can seem impossible. Having someone on your side protecting your interests is essential.]]>On Behalf of The Gufford Law Firm, P.A.<![CDATA[How newly divorce parents can prepare for the school year]]>https://www.treasurecoastlawfirm.com/?p=535592024-07-10T18:21:43Z2024-07-22T18:20:16ZTips for how divorced parents can handle back-to-school
Successfully getting your kids back to school depends on how diligent you are in navigating the complexities ahead. But don’t get overly stressed by the process. Instead, consider utilizing the following tips to reduce the potential tension with your children’s other parent and to develop a plan that works for everyone:
Review your custody arrangement: Whether you negotiated a parenting plan or the court had to specify your custody arrangement, make sure you revisit the controlling document so that you and the other parent have a clear understanding of who gets the children and when. You should also clarify with the other parent transportation obligations and any anticipated scheduling conflicts that may arise during the school year.
Discuss back-to-school costs: Buying back-to-school supplies and even new clothes for your kids can get expensive. And it’s not a financial burden that you should have to shoulder on your own. So, discuss these expenses with the other parent to see if you can work out a way to divide the costs in a fair way.
Use technology to your advantage: Once school starts up, schedules can get hectic, with pick-ups, drop offs, and extracurricular activities eating up your calendar. It can be hard to keep it all straight, especially when you’re trying to coordinate with the other parent. By using technology, though, such as scheduling and calendaring apps, you can make your life a lot easier while providing clarity as to your and your ex-spouse’s obligations.
Discuss routines and rules: Children need consistency and routine to thrive. That can be hard to acquire when splitting time between two households. But you and your children’s other parent can work together to lay ground rules and expectations that are consistent between the two households. Therefore, you and the other parent should discuss the rules as they pertain to when homework should be completed, when bedtime occurs, and how much screen time is allowed.
Be engaged in your children’s schooling together: It might be hard to interact with your children’s other parent, but doing so may be necessary to support your children and their best interests. For example, by attending parent-teacher conferences with the other parent, you can both get on the same page about your child’s school performance and what you can do collaboratively to support their development. Remember, your children should come first, so put away any negative animosity you might feel toward the other parent when talking about what you can do to support your kids.
What if you have an uncooperative or uninterested ex-spouse?
If this is the case, then you may be unable to include them in back-to-school planning as much as you’d like. And if they try to insert themselves into the planning in a way that’s harmful to your children, or if they fail to abide by the terms of your custody agreement as you navigate back-to-school, then you might have to take legal action to remedy the issue. If that’s the case for you, then now is the time to discuss the matter with your attorney. Otherwise, we wish you luck in your back-to-school planning and hope it goes off without a hitch.]]>