Divorce is a very difficult time emotionally, psychologically, and financially. Attorney Richard Chizever understands the divorce process and is a reliable presence in his clients’ lives during their transition from married life to single life. At the Law Office of Richard S. Chizever, P.A. you will get expert legal advice and guidance every step of the way. Attorney Richard Chizever will explain the arduous divorce process to you in simple, understandable terms and all clients receive as much hand holding as they so desire. Terms like “alimony” “equitable distribution” “premarital/marital assets” “parenting plan” “pre/post nuptial agreement” “petition for relocation“will become part of your “divorce” vocabulary. At the Law Office of Richard S. Chizever, P.A. you are not just hiring an attorney, you are hiring a caring and zealous advocate to get you the best settlement under Florida law.
Child Support is governed by guidelines contained in Florida Statutes Section 61.13. Child support is the right of the child and cannot be waived by either parent. The primary factors that are considered when computing a child support obligation are the parents’ income, day care costs (if any), the amount of overnights each parent has with the child, and health insurance costs for both the parents and child. Attorney Richard Chizever ensures that you will pay or receive your fair share of child support. And if your issue involves a “dead beat” dad or mom who is delinquent in their child support or alimony payment, The Law Office of Richard S. Chizever, P.A. will relentlessly attempt to collect every penny owed to you.
Paternity laws can be found in Chapter 742 of the Florida Statues. If you are a dad who wants to exercise his timesharing rights or a mom who wants to establish a child support obligation, Attorney Richard Chizever will vigorously fight to determine your paternity rights. Establishing paternity is a simple process that includes DNA testing, as well as filing a Petition for Paternity. Until Paternity is established, a father does NOT have timesharing rights. Do not let the process of establishing paternity scare you. The Law Office of Richard S. Chizever, P.A. will guide you through this procedure and make it as easy as possible for you to enjoy being a mom or dad .
Timesharing is based upon the “best interests” of the child. There are multiple factors that constitute the “best interests” of the child and they can be found in Florida Statutes Section 61.13. Contrary to popular belief, there is NO PRESUMPTION of 50-50 timesharing in the State of Florida, though the courts are leaning in that direction. In addition to the amount of overnights each parent has with the child, part of a comprehensive parenting plan is parental responsibility – who makes the decisions on education, medical and other major life events. There are three types of parental responsibility – shared, ultimate, and sole. Once a parenting plan is entered into by either the parents, themselves, or the court, it can be modified provided that the modification is in the “best interests” of the child AND there is a “substantial, material and unanticipated” change in circumstances that warrants a modification. Attorney Richard Chizever will make sure that a parenting plan is formulated that will fit your needs, while never abandoning the “best interests” of the child. And if it is a parenting plan modification that you seek, the Law Office of Richard S. Chizever, P.A. is ready, willing, and able to assist you.
Mediation is the process by which most family law issues are settled. During mediation, the parties attempt to negotiate a settlement through the help of a mediator (a neutral third party). No issue is too big or too small for mediation. In mediation, it is the parties, themselves, that control the outcome of the negotiation process and have the power to agree to any settlement. Agreements reached in mediation are enforceable by the Courts. If the parties do not settle their issues in mediation, then the matter will be litigated. Attorney Richard Chizever never allows his clients to be “strong-armed” or “muscled” into signing agreements of which they do not feel comfortable. If a client feels he/she would rather take the issue in front of the judge, the Law Office of Richard S. Chizever, P.A. is not afraid to litigate the matter and Richard Chizever aggressively represents his clients in order that they receive the best possible settlements under Florida Law.
Domestic Violence/Cyber Stalking, pursuant to Florida Statutes 741.28, “domestic violence” means “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. A “Family or household member” means “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.” If you or your children are victims of Domestic Violence, then you MUST file an injunction for protection against domestic violence on behalf of yourself and/or your children. Attorney Richard Chizever will be with you every step of the way and fight for you in order to ensure that you and your children remain safe and protected. And if you had an injunction filed against you, do not worry, Attorney Richard Chizever will defend you and make sure you are afforded all rights under the law. At the Law Office of Richard S. Chizever, P.A. you are not only hiring a top-notch family law attorney, but you are hiring a caring, supportive lawyer who vigorously fights for the rights of his clients and their children.
Relocation is permitted without filing a Petition for Relocation if the move is less than 50 miles from the current location or the parties agree to parental relocation, even if it is more than 50 miles away. If the parties do not agree on relocation, then the parent wishing to relocate must file a Petition for Relocation, pursuant to Florida Statutes 61.13001. There is no presumption for or against relocation, even if the move will materially affect the parenting plan and/or timeshairing schedule. Rather, relocation is governed by multiple factors enumerated in the statute. If the relocating parent left the State of Florida prior to filing a Petition for Relocation, that is against the law and the return of the child is governed by the Uniform Child Custody and Jurisdiction Enforcement Act (U.C.C.J.E.A.). Because relocation will have long lasting and permanent effects on timesharing and parental contact between the child and non-relocating parent, one must approach relocation diligently, adhering to the stringencies of the relocation statute. If you are a parent who either wants to relocate or wishes to contest a relocation, the Law Office of Richard S. Chizever, P.A. is prepared to fight for you and plead your case.
Modifications for timesharing, child support, and alimony (unless it is non-modifiable) are permitted under Florida law. Situations do arise that warrant a modification. Monetary modifications must past the threshold test of there being a substantial, material, and unanticipated change in circumstances, while a modification of a parenting plan and timesharing schedule includes the additional factor of having to be in the “best interests of the child.” Attorney Richard Chizever empathizes with his clients when circumstances arise in their lives, such as the loss of a job, debilitating sickness, or remarriage/cohabitation that would act as the catalyst for a modification. The Law Office of Richard S. Chizever, P.A. is willing, ready, and able to attempt to get you your modification or defend you in a modification proceeding. Whichever case it may be, the Law Office of Richard S. Chizever, P.A. will provide you excellent legal services and support you every step of the way.
Same Sex / Gay Couples As of January 2015, same sex/gay marriage is recognized and legal in the state of Florida. The Law Office of Richard S. Chizever, P.A. currently handles same sex/gay couple domestic relations issues ranging from the very simple to the most complex, all the while making the client feel comfortable, at ease, and well-informed about his/her case. Same sex/gay couples are now afforded the same rights and access to the family court system that heterosexual couples enjoy. The Law Office of Richard S. Chizever, P.A. is at the forefront of same sex/gay couple divorce and is able to handle all of your needs, albeit relating to property and equitable distribution, children’s issues, domestic violence, alimony, child support, pre/post nuptial agreements, etc.