My Friend Told Me that my Florida Mediation would be the end of my case, but.....

Posted by Gordon Shayne | Jan 26, 2022 | 0 Comments

"My Cousin said his attorney in another state said the the opposing party would pay for my Florida Custody Case..."

You've got to love your friends, right?  Family members rock! Well, maybe sometimes, but when a friend compares your Florida Family Law Case to their own, are they really doing you any favors?  They probably mean well!  'How different could it be?' or maybe you've heard, 'My brother is an attorney in San Diego and he said.....' How about this one, 'My cousin is a retired Judge and she said....'  It gets pretty overwhelming and it doesn't help much.  You don't want to hurt their feelings, so, you end up exploring the 'what ifs' with your attorney. This can be pretty dicey as your Florida attorney knows the laws, doesn't want to speak unkindly of your friend, family member, neighbor, etc. and you end up apologizing and feeling like you may have messed up your relationship with your attorney. All of this is common place and you should be well read going into any Florida Family Law Divorce, Custody, etc. case.   

"When my Ex stopped paying child support, I just with held his parenting time and..."

"You should just lock her out of the marital home because..."

Oh my, the unsolicited advice just keeps on flowing.  If you are in the throes of a Florida child custody case and have legal representation, it's probably a pretty good idea to ask your attorney what you should or should not do.  Your actions could possibly have a negative outcome on your case, and you sure don't want that to happen, do you?!

Before one of our clients filed their divorce case, they took the advise of a family friend and changed the locks on the marital home.  The issue was that both parties were still residing in the marital home.  Oh boy, when the other party returned home, the situation really escalated.  If our client would have checked first, they would have discovered the 'do's and don't's' during a Florida Divorce.

It is always a good idea to fully understand the laws and how they pertain to your legal matter.  This way, you hopefully won't make any uniformed decisions which could potentially cost you down the road.  

Did you know that......

  • The only way you may 'lock' the other party out of a marital home, during your divorce, is by a court order
  • In Clay, Duval and Nassau Counties, a Standing Order, is issued forbidding the parties from unilaterally dissipating and concealing assets
  • Using the children to communicate between the parties is a 'no-no'

You see, when you don't know what you may or may not do, even if a friend tells you so, you can really get yourself into a lot of hot water!

How do you know what to do when everyone is telling what to do?

Great question!  You really don't know what to do.  I can assure you that you most likely DO NOT want to listen to anyone's advice other than that of your attorney if you are represented, and if you are not represented, sounds like you should get an attorney.


About the Author

Gordon Shayne

Gordon N. Shayne Family Law / Divorce Lawyer Phone: (904) 544-6855 Gordon N. Shayne's field of practice is devoted to Family Law/Divorce case throughout the State of Florida


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With over 35 years of experience, Mr. Shayne has had a legal career fighting for the rights of his clients while focusing his practice exclusively on Divorce, Child Custody and other Family Law Matters. Our services are available throughout the State of Florida.

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