Relationships and family matters are one of the greatest joys we can have in life, and they can be one of the biggest stressors when things go wrong. Once a marriage stops working, people begin looking for ways to settle matters and move on with their lives. The problem is that making a clean break is not always that simple, especially when children are involved. Legal disputes are a stressful period in one’s life. 

Stress can only be enhanced when confusion is mixed in. One of the biggest questions that clients can have is whether they should opt for an attorney or a mediator. Some even believe that the two roles are synonymous, while others think that only one is an option. People that are new to the legal system can easily become confused by the roles of an attorney and a mediator. Before deciding which one meets your needs, it is vital to know the difference between the two roles.

Mediator

Mediators can be attorneys, but it is not a requirement. The mediator’s role is to provide mediation to parties in a dispute. This means helping the people involved communicate their issues and concerns, along with helping them reach an agreement around the dispute. Mediators are not supposed to decide who is “right” and who is “wrong” or tell people what steps to take to make things right. Mediation is about talking to both parties and actively working on a solution that makes sense to the mediator and the parties in the dispute. Mediators can assist in making communication more manageable, but they have to be neutral at all times. They are also not allowed to provide therapy, legal advice, or counseling to clients.

While mediation is centered around working things out and coming to an agreement, this isn’t always possible. Oftentimes, people in such sensitive disputes can be very emotional and un-agreeable. In such situations, it can be challenging to find common ground that works for everyone involved. In a situation where an agreement is reached, that agreement must be put in writing and signed by the parties involved, making it a legally binding document.

Attorney

The role of an attorney is quite different in these types of disputes. They are there to stand by their clients’ side and advocate for them. They have one goal, and that is to get the best possible result for their clients. Your attorney will enter into negotiations with the other party’s attorney and try to negotiate on your behalf. If these disputes cannot be settled, the issue will carry on through the family court system. Here, attorneys will present their case to the court in a trial, after which a judge will ultimately decide on the outcome. It is important to note that, unlike a mediator, an attorney cannot represent both parties in such disputes because it is a conflict of interest.

Knowing where to turn in these stressful times will help you get through the proceedings more easily. Ultimately, both attorneys and mediators are looking to help you resolve the problem and help you move forward. Mediators aim to do it through communication with the other party, while attorneys represent you and advocate for you as well as look out for your best interest. 

Debora A. Diaz is an attorney concentrating only on divorce and family law cases. She is a Supreme Court Certified Family Mediator and is also available to mediate your case.

Written by Debora A. Diaz, Esq.

A significant determining factor in child custody and visitation decisions in Florida involves the living accommodations of each parent. Where each parent lives and how this may impact the child’s best interest will both be taken into consideration. 

It is an antiquated notion that children of divorced parents automatically live with their mother. Today, many fathers fight to be the primary custodian of their children. In cases where there is a child custody dispute, the child will most likely live with the parent who can provide the most stable living situation. The judge will want to know where the children will sleep and how much space you have in your home. Here are a few other things the judge will consider when it comes to your living situation: 

Safety 

The court’s duty is to ensure that the child’s emotional and social development are maintained. This can be achieved by ensuring they live primarily with the parent that can provide their basic needs and ensure their health and safety. Therefore, allowing them to live in an unsafe house, environment, or neighborhood would be a violation of that duty. Unsafe environments may expose the child to convicted sex offenders, substance abusers, poisonous materials, drugs, and weapons, or extreme temperatures.

Enough Space to Accommodate the Child 

The court will expect that the parent’s accommodations provide enough space for all the children involved. This also impacts overnight visitation decisions. If you have four children spending the weekends with you, they should not have to cramp together in one bed. The courts may require proper and distinct sleeping accommodations for each child, particularly for infants and toddlers. 

School and Extracurricular Activities 

It is usually in the child’s best interest to not disrupt their lives and pull them out of their school, separating them from their friends, favorite teachers, and extracurricular activities. A parent may insist that they will live in a district that has better schools. This will be taken into consideration along with the child’s ability to adjust to change, particularly if that parent’s home will provide the child with more safety and security. 

The Child’s Age 

Older kids will need more space and privacy. You may be required by the court to provide a teen child with their own bedroom, specifically a private place for them to get dressed. Sharing of rooms between siblings is typically not an issue as long as the children have adequate space to maintain their health and safety.  The people who are going to be around the children during time-sharing is also another important consideration.

Whether your children live with you or you enjoy regular overnight visitations, your goal should be to provide your kids with safe accommodations. To learn more about what qualifies as an adequate living accommodation in Florida that will help you with a custody dispute, consult a lawyer specializing in divorce and family law. 

Family Law Attorney Debora A. Diaz offers a consultation at a reduced rate to discuss the facts of a particular situation and to inform the client of the applicable laws. Be informed. Contact Debora A. Diaz at 727-846-1802.

Attorney Diaz is also a Supreme Court Certified Family Law Mediator and is available to mediate your case.