Florida Mediation Attorney / Miami Family Law

Miami Family Law Attorney

Family law is a broad practice area encompassing marriage, divorce, child custody and support, and all the many ways the law touches on domestic relations. Oftentimes, family law matters include an additional dimension of emotional struggle that can color reactions and influence the way decisions are made. At TNL MIAMI, PLLC, we are dedicated to providing compassionate and effective legal support to families facing a wide range of issues. We advise our clients on their options as we guide them toward a successful resolution that meets their needs. With experience across many aspects of family law, we work to ensure you receive the help you need during these challenging times. Learn more below about our main areas of practice, and contact our office to discuss your matter with a skilled and experienced Miami family law attorney.

Professional Guidance to Help You Achieve Your Goals

People encounter family law matters at a time when they are going through significant challenges and changes in their lives. The decisions made in family law cases can affect individuals and families for years to come and permanently alter the family dynamic. What is needed at times like these is the help of a seasoned family law attorney here to guide you toward a positive outcome. At TNL MIAMI, PLLC, you’ll find the help you need from an experienced litigator who strives for an amicable resolution wherever possible but is also prepared to exercise his significant courtroom skills when they are needed. For help with divorce, paternity, child support or other family law needs, contact our dedicated Miami child custody & support attorney today.

A Florida Family Law Attorney Who Knows the System Inside and Out

Firm founder and lead attorney Daniel Umbert has been practicing family law in Miami and Broward counties for more than a decade, and he brings a unique set of skills and perspective to his practice at TNL MIAMI, PLLC For many years, Daniel served as an Assistant Attorney General for Broward County assigned to the Florida Department of Revenue Child Support Program, as well as an Assistant State Attorney for Miami-Dade handling child support enforcement matters. These positions put him in the courtroom nearly every single day, where he developed strong relationships with the judiciary and a deep understanding of how the judges work, how they view and interpret evidence and legal arguments, and how they rule. We go into every case with a leg up on the opposition, already prepared with an effective strategy designed to win.

Divorce

Divorce is never easy, but our goal is to make the process as smooth and stress-free as possible. Whether you are facing a high net worth divorce with complex asset division or an uncontested divorce where both parties agree on the terms, or anything in between, we have the expertise to handle your case with the utmost care and professionalism. Firm founder and lead attorney Daniel Umbert has many years of experience handling child support enforcement matters in Miami-Dade and Broward County, making us particularly adept at handling difficult cases involving disputes over child custody or support.

Paternity

Establishing paternity is essential for determining parental rights and responsibilities. Whether you are seeking to establish or contest paternity, our attorneys provide knowledgeable guidance throughout the legal process. On the other hand, disestablishment of paternity in Florida involves a legal process where the petitioner must present new evidence, in addition to genetic testing, and meet specific statutory requirements while ensuring that the best interests of the child are considered. The process can lead to the termination of future child support obligations if the petition is granted. Daniel Umbert’s years of practice in child support enforcement give him a unique perspective regarding the intersection between paternity proceedings, timesharing, and child support orders.

Domestic Violence

Victims of domestic violence need immediate protection and support. Our firm is committed to helping you obtain restraining orders and other legal protections to ensure your safety and that of your loved ones. Domestic violence allegations can also have a significant impact on issues in a divorce or child custody dispute. We represent parties on both sides of domestic violence matters to ensure family members are protected while looking out for the rights of the accused.

Prenuptial Agreements

A prenuptial agreement can provide peace of mind by clearly outlining the financial arrangements in the event of a divorce, but they must be carefully drafted and follow several steps to ensure they are valid, enforceable, and fulfill the desires of the parties. We assist couples in drafting and reviewing prenuptial or postnuptial agreements to protect their interests and ensure mutual understanding.

Parental Alienation

Parental alienation can have devastating effects on both the child and the targeted parent. Our attorneys work diligently to address these issues, advocating for fair custody arrangements and the restoration of healthy parent-child relationships.

Grandparents’ Rights

Grandparents play a vital role in the lives of their grandchildren, but after a divorce, separation, or even the death of a parent, grandparents’ access to their grandkids might get cut off. Florida law defers to the authority of parents in most instances, but when access to grandchildren is unfairly restricted, we fight for grandparents’ rights to maintain meaningful relationships with their grandchildren.

Termination of Parental Rights

In cases where a parent or the state seeks to terminate a parent’s rights for the safety and welfare of a child, we provide the necessary legal support and representation to ensure fairness and work to maintain or reunify families as soon as appropriate. These cases require a delicate balance of legal acumen and sensitivity, which you will find at TNL MIAMI, PLLC

A Client-Centered Approach to Family Law in Miami

At TNL MIAMI, PLLC, we prioritize the needs and concerns of our clients and strive to make them feel comfortable, knowing they are in good hands at our firm. We understand that every family is unique, and we tailor our approach to meet the specific circumstances of your case. Our attorney and staff are committed to open communication, providing regular updates and clear explanations of your legal options.

We approach family law matters backed by years of experience and a record of successfully handling a wide variety of cases, from straightforward to highly complex. We recognize the emotional toll family law matters can take and offer compassionate support throughout the legal process. Always, our primary goal is to achieve the best possible outcome for our clients, whether through negotiation, mediation, or litigation.

Insight and Expertise on Paternity Proceedings in Miami and Fort Lauderdale

From his years of practice handling child support enforcement matters on behalf of the state in Miami-Dade and Broward counties, Daniel Umbert understands that paternity is not only a matter between a mother and a putative father. The Florida Department of Revenue can order paternity proceedings as well, with an order for child support waiting at the other end. In our experience, many times men are not even aware that a paternity proceeding is underway or they don’t understand its implications and that they could be made responsible for full child support. Often, men are also not aware of the legal requirements to disestablish paternity in the event the child is not biologically related to them. We provide legal representation to determine if paternity is appropriate and if so, to be sure and establish adequate timesharing.

Miami Child Custody and Child Support: What You Need to Know

Navigating child custody and child support issues in Miami can be complex and emotionally charged. Florida family law aims to prioritize the well-being of the child while ensuring both parents maintain a meaningful role in the child’s life. Understanding how child custody and child support work in Florida is essential for parents facing a divorce or separation. With the help of an experienced Miami child custody & support attorney like TNL MIAMI, PLLC, you can protect your rights and focus on the best interests of your child.

How Child Custody Works in Florida

In Florida, the term “child custody” has evolved into “parenting time” and “parental responsibility.” Florida courts encourage shared parental responsibility, which means both parents are involved in major decisions regarding the child’s education, health care, and general welfare.

There are two key components of child custody:

Parental Responsibility: This refers to the legal authority to make important decisions about the child’s life. In most cases, courts prefer joint parental responsibility, where both parents collaborate on these decisions. However, in cases where one parent is deemed unfit or there is a history of domestic violence or abuse, the court may grant sole parental responsibility to one parent.
Time-Sharing: This refers to the physical custody of the child and how much time each parent spends with them. The court creates a time-sharing schedule based on the child’s best interests, and parents are encouraged to work together to form a parenting plan that outlines when the child will spend time with each parent.

Factors Considered in Child Custody Decisions

Florida courts prioritize the child’s best interests when determining custody and time-sharing. Some of the key factors the court will consider include:

The emotional relationship between the child and each parent
Each parent’s ability to provide for the child’s needs (including health, education, and safety)
The child’s home, school, and community environment
The willingness of each parent to facilitate a relationship between the child and the other parent
The mental and physical health of both parents
Any history of domestic violence, substance abuse, or neglect

In Miami, courts encourage both parents to remain actively involved in their child’s life. Therefore, it’s important to approach custody negotiations with a focus on cooperation and the child’s well-being.

How Child Support Works in Florida

Child support is designed to ensure that both parents contribute financially to the upbringing of their child. In Florida, child support calculations are based on the Income Shares Model, which takes into account both parents’ incomes, the number of children, and the amount of time each parent spends with the child. The court will consider:

Each parent’s gross income
Childcare costs
Health insurance and medical expenses
The standard of living the child enjoyed before the parents’ separation

Once the court has all of this information, a formula is used to calculate the amount of child support. While the formula provides a baseline, the court has some discretion to deviate from the guidelines if necessary.

Common Issues in Child Custody and Child Support Cases

Child custody and child support cases in Miami can present a range of challenges, including:

Disagreements Over Parenting Time: One of the most common issues arises when parents disagree about the time-sharing schedule. It is crucial to work with an experienced family law attorney who can negotiate on your behalf and help craft a fair parenting plan that benefits both parents and the child.
Modifications: Circumstances change over time, and a parent may seek to modify the original custody or child support arrangement. Modifications are typically granted if there has been a significant change in either parent’s financial situation, the child’s needs, or living arrangements.
Enforcement of Court Orders: When a parent fails to follow court-ordered child custody or child support arrangements, enforcement may be necessary. An attorney can help file a motion for contempt or other legal actions to ensure compliance.

How TNL MIAMI, PLLC Can Help

If you’re facing child custody or child support issues in Miami, TNL MIAMI, PLLC offers the experience and support you need to protect your family’s future. Our Miami child support & custody lawyer is dedicated to helping clients navigate the complexities of family law with compassion and skill. Here’s how we can assist you:

Expert Legal Guidance: We have extensive experience with Florida’s child custody and support laws and can provide the guidance you need to make informed decisions.

Custom Parenting Plans: We will work with you to create a parenting plan that reflects the best interests of your child and accommodates your family’s needs.

Child Support Calculations: Our team will help ensure that child support calculations are fair and accurate, advocating for the financial support your child deserves.

Court Representation: Whether you’re negotiating a settlement or going to court, TNL MIAMI, PLLC will represent your interests and advocate for the best outcome in your case.

Modifications and Enforcement: If your situation has changed, or the other parent is not complying with custody or support orders, we can assist with filing for modifications or enforcing existing orders.

Miami child custody and child support cases can be emotionally draining, but you don’t have to face them alone. TNL MIAMI, PLLC is here to help guide you through every step of the process and advocate for your rights. Contact our Miami office today to schedule a consultation and learn how we can help protect your family’s future.

Comprehensive Support in Florida Divorce Proceedings

Divorce does more than just dissolve a marriage. It makes enforceable court orders that divide the couple’s marital property, set out child custody and child support rules that last until the children are grown and finished with school, and decide alimony which can go on for years or even permanently. At TNL MIAMI, PLLC, we work to make sure your interests are well-represented in all aspects pertaining to your divorce, including child custody and support, alimony and equitable distribution. We handle all types of marriage dissolution, from uncontested divorces with marital settlement agreements to high net worth divorces requiring business valuations, QDROs and asset tracing. We consult with clients before divorce papers are ever filed so they can plan and prepare for a separation or divorce. We work with clients post-divorce as well, including seeking or opposing modification or enforcement of court orders related to custody and support. Divorce is the end of a marriage, but it’s also the start of a new chapter in life. Our team is here to support you on that journey.

A High Degree of Capability and Experience in Florida Child Support

Daniel Umbert and his team at TNL MIAMI, PLLC, have the experience and expertise you need when it comes to child support matters in Miami. Whether calculating an appropriate child support order in a divorce or paternity proceeding, or dealing with child support enforcement by the Florida Department of Revenue, our attorney and staff are intimately familiar with the law and process to ensure child support is handled fairly and accurately.

Florida Family Law FAQs

Below are general answers to some of the questions we get most often at TNL MIAMI, PLLC, as we guide clients through the complicated legal processes involved in divorce, paternity, child support, and other family law matters. For legal advice and personal assistance customized to your unique needs, contact TNL MIAMI, PLLC, in Miami at 786-730-6444 to speak with a knowledgeable and experienced Miami family law attorney.

How long does it take to get divorced?

The timeline for getting a divorce in Miami can vary significantly depending on several factors, including whether the divorce is contested or uncontested. An uncontested divorce, where both parties agree on all terms, can be finalized in as little as three to six months. Contested divorces, where there are disputes over issues like property division, child custody (timesharing), or alimony, can take much longer, potentially a year or more, depending on the complexity of the case and the court’s schedule.

What does it cost to get divorced?

The cost of a divorce in Miami can vary widely. An uncontested divorce typically costs less, with fees ranging from a few hundred to a few thousand dollars, including court fees and legal fees. Contested divorces are more expensive due to the additional time and legal resources required, and costs can range from several thousand to tens of thousands of dollars. Factors influencing the cost include attorney fees, court costs, and expenses for additional services such as mediation or expert witnesses. The team at TNL MIAMI, PLLC, strives to provide high-quality legal services in a cost-effective manner and is prepared to discuss costs with you during your initial consultation with our firm so you will have an idea of what to expect.

How do I pay for my lawyer and living expenses until my divorce case is resolved?

Paying for legal fees and living expenses during a divorce can be challenging. Courts generally impose a temporary order once a divorce is filed which keeps either spouse from selling substantial property or incurring significant expenses while the divorce is ongoing, as such activity could affect the equitable distribution of marital property. Even so, it is often possible to use marital assets to pay for legal fees and living expenses during the divorce; your attorney can advise you regarding your specific situation. The court can also order temporary alimony as well as child support during the pendency of the proceedings. Talk to your lawyer about requesting support from the court if this situation applies to you.

Will my case go through mediation?

Mediation is a process where a neutral third-party mediator helps the divorcing couple negotiate and reach a settlement on various issues such as property division, child custody, and support. Mediation can be a cost-effective and faster alternative to going to court. Although not mandatory in all instances at the state level, in Miami-Dade and Broward County, most divorce cases are required to go through mediation before going to trial. We offer advice and representation in mediation when desired by the parties or ordered by the court to resolve your outstanding issues cost-effectively and in your best interests.

Do I have to go to court to get divorced?

Not all divorces require a court appearance. If you and your spouse reach an agreement on all terms of the divorce, you may be able to file an uncontested divorce and finalize it without a court appearance. However, if there are disputes that cannot be resolved through negotiation or mediation, you may need to go to court for a judge to make the final decisions.

What is an uncontested divorce?

An uncontested divorce is when both parties agree on all terms of the divorce, including property division, child custody, and support. This type of divorce is typically faster and less expensive than a contested divorce because it does not require a trial. The agreed-upon terms are submitted to the court for approval, and if everything is in order, the divorce can be finalized relatively quickly. Our firm is available to advise you and help you keep an uncontested divorce from becoming contested, and we offer services related to negotiation, drafting, and review of property settlement agreements, parenting plans, and other necessary documents.

What is a simplified dissolution of marriage?

A simplified dissolution of marriage is a streamlined divorce process available to couples who meet specific criteria, including:

Both parties agree that the marriage is irretrievably broken.
There are no minor or dependent children from the marriage.
Both parties have agreed on the division of all property and debts.
Neither party is seeking alimony.

This process requires less paperwork and court appearances, making it a quicker and less expensive option for eligible couples.

What is a QDRO and how do I get one?

A Qualified Domestic Relations Order (QDRO) is a legal order required to divide certain types of retirement plans during a divorce. A QDRO allows a spouse to receive a portion of the other spouse’s retirement benefits. To obtain a QDRO, you will need to:

Determine if a QDRO is necessary for your specific retirement plan.
Draft the QDRO with the help of your attorney, ensuring it meets the plan administrator’s requirements.
Obtain approval from the plan administrator.
Submit the QDRO to the court for approval.
Provide the approved QDRO to the plan administrator for implementation.

Can the custodial parent take the kids and move without the other parent’s permission?

In Florida, the custodial parent cannot move more than 50 miles away from their current residence with the children for more than 60 consecutive days without the other parent’s written consent or court approval. If the other parent does not consent to the relocation, the custodial parent must file a petition with the court seeking permission to relocate. The court will consider several factors, including the best interests of the child, the impact on the child’s relationship with the other parent, and the reasons for the move before making a decision.

Serving Throughout Miami

South Beach
Brickell
Wynwood
Downtown Miami
Coconut Grove
Coral Gables
Little Havana
Miami Design District
Edgewater
Key Biscayne
Pinecrest
Aventura
Upper East Side
Omni
Miami Beach

Contact TNL MIAMI, PLLC, in Miami Today

If you are facing a family law issue, do not hesitate to reach out to our Miami office by calling 786-730-6444 or contacting us online. In an initial consultation, we’ll take the time to understand your needs and goals, discuss your situation and explore how we can assist you. Let us help you navigate these challenging times with confidence and peace of mind. Call our Miami family lawyer today to schedule your consultation and take the first step toward resolving your vital family law matters.

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