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Governing and Jurisdiction Clauses in Contracts Q&A

Governing and Jurisdiction Clauses in Contracts Q&A

Miami Civil Trial Attorney, Miami contract attorney , , , , ,

A contract represents a legally binding agreement between two or more parties. However, even when all the parties sign on the dotted line contract disputes may still come up. When a dispute occurs and both parties have chosen to resolve it through civil litigation important questions come up, particularly when the two parties operate in different states. Where will the case be heard? Who will interpret the contract’s terms and based on what set of laws?

To significantly reduce the possibility of a lengthy and expensive dispute, it is advisable to get ahead of the problem by answering these questions before contract disputes arise by enlisting the expertise of a Miami civil litigation lawyer during the drafting of any contract. They will be sure to include both a Governing Clause and Jurisdiction Clause.

What is a Governing Clause?

The first step in determining which laws will be applied toward the resolution of contract disputes is to include a governing clause (also called choice of law clause) within the contract. Laws, especially those governing business contracts, vary by state. So, there may be various legal interpretations of the same contract depending on which state laws are applied. By including a governing clause, both parties agree on which state’s laws will govern the contract and interpret its terms should a dispute arise. Governing clauses are especially important when the parties signing the contract, such as businesses, are operating in separate states.

What is a Jurisdiction Clause?

Once a governing clause is agreed on, it is now time for the parties to choose which court(s) will have the right to hear any resulting contract disputes. This agreed-upon condition must be explicitly stated in the form of a jurisdiction clause (also called forum selection clause). By including a jurisdiction clause, both parties establish and agree on which court(s) will hear and decide on any disputes that arise from the contract. The jurisdiction clause and governing clause do not necessarily have to match, a specified state court can be made to apply laws from another state. There are two types of jurisdiction clauses.

      • Exclusive Jurisdiction — Only the court(s) specified in the clause have the right to handle contract disputes. Parties must litigate their case in those specified courts.
      • Non-Exclusive Jurisdiction — Both the specified court(s) and other courts not explicitly stated in the clause can handle disputes. Parties can choose to file their lawsuit in these unspecified courts.

Governing and jurisdiction clauses must be written precisely to prevent any misunderstandings and disagreements over jurisdiction in the future. The right choice of state laws and forum can also benefit a party and help them avoid disadvantages such as costly out-of-state litigation or unfavorable state laws. Consult with an experienced Miami civil litigation lawyer to ensure both these clauses, as well as the contract itself, are properly drafted.

At Pimentel & Castillo, our Florida civil litigation attorneys are skilled at drafting contracts and representing our clients in contract disputes. Call and request a free consultation with our experienced Florida civil litigation attorneys today.

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When to Update a Florida Parenting Plan

When to Update a Florida Parenting Plan

Divorce Attorney, Family Law, Florida Custody Litigation, Florida Family Court, Miami Child Custody Attorney, Miami Divorce Attorney , , , , ,

According to Florida family law, parents in a divorce case are encouraged to develop and agree to a parenting plan. The parenting plan is a legally-binding agreement that must be approved by the court. If they are unable to agree to a parenting plan, the court will intervene and decide what parenting plan is in the best interest of the child. However, after some time, a parenting plan can prove to be ineffective or outdated and may need to be modified.

Parenting plan modifications must also be approved by a Florida family court. The process of modifying a Florida parenting plan can be complex, so it is best to consult with a seasoned Miami family law attorney when petitioning the court for a modification.

Events That May Trigger Parenting Plan Modifications

There are a variety of reasons for wanting to modify a parenting plan. Any revisions and modifications one wishes to make to a Florida parenting plan must be based on the child’s best interest. Still, some life events and/or changes in the child’s needs may prompt a parenting plan modification. These changes may concern financial support calculations, visitation schedules, time-sharing arrangements, and even custody arrangements.

      • Remarriage Especially if it involves relocation or step-children.
      • Relocation Especially if the new distance between the parents’ households is significant.
      • Maturation of the child Especially if the current plan is no longer age-appropriate.
      • Changes in the child’s schools or school schedules
      • Changes in jobs Especially if it involves relocation, significant changes in income, or unemployment.
      • Negative effects of current Florida parenting plan on the child’s development
      • Unfit parenting status Especially if it concerns recent domestic violence charges.

What Florida Family Court Considers

Just like in child custody cases, the Florida family court will make a decision it believes to be in the child’s best interest. After one or both parents files a petition for modifying the parenting plan to the court, there will be a hearing to determine if there is just cause for a modification. The court will judge the severity of the major life changes cited as the reasons for the requested parenting plan modification. One parent or both parents have to prove to the court that the current plan no longer meets the child’s needs.

Not all modifications are approved by the Florida family court. Working with an experienced Miami family law attorney can increase your chances of successfully modifying your Florida parenting plan.

The Florida family law professionals at Pimentel & Castillo can provide the right legal guidance and assist in petitioning the court on your behalf. Call us today for a free consolation.

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What Does the Florida Court Consider When Deciding Child Custody?

What Does the Florida Court Consider When Deciding Child Custody?

Family Law, Florida Custody Litigation, Miami Child Custody Attorney, Miami Divorce Attorney , , , ,

Florida courts have wide discretionary authority when it comes to deciding Florida child custody in divorce cases, but they are most concerned with making a decision that will be in the “best interests of the child.” Essentially, this means the judge’s decisions on how custody rights and parental responsibilities will be divided are always tailored to fit the unique needs of the child.

An experienced Miami child custody attorney can address clients’ Florida child custody litigation needs and defend their parental and custody rights, so that the final custody arrangement will be favorable for both the child and parent.

In general, Florida family law upholds that children generally benefit from maintaining frequent contact and interaction with both parents and favors custody arrangements that accommodate this. The following are the best interest factors Florida courts most often consider before making a custody ruling in a divorce case.

Health, Safety, and Ethics

When deciding on a custody arrangement that will be in the best interests of the child, Florida courts consider the child’s health, safety, and moral development when determining best interest factors. A judge will review a parent’s behavior and the home environment thoroughly to uncover any elements that could disrupt the normal mental and physical development of the child. If there is evidence of domestic violence, child abuse, neglect, or abandonment, a parent or both parents could lose their custody and visitation rights. Additionally, to protect a child’s ethical development, a judge may consider a parent’s mental and physical state based on circumstances such as adulterous relationships prior to the divorce, frequent causal relationships with multiple partners, verbal abuse, substance abuse, and illegal activities.

Emotional and Developmental Needs

Other major best interest factors that are emphasized by Florida family law concern the emotional and developmental needs of a child especially concerning their general welfare, familial connections, education, and healthcare. These factors include:

    • Ability and willingness to be involved in their child’s life
    • Demonstrated ability to meet their child’s developmental needs
    • Love, affection, and existing relationship with their child
    • Awareness and participation in their child’s daily school and extracurricular activities
    • Familiarity with their child’s social circles and preferences
    • Home situation and the extent of its stability and permanence
    • Willingness to cooperate with other parent and honor time-sharing schedules

After reviewing all appropriate best interest factors, detailed in Florida Statute 61.13, a judge has the information needed to decide custody arrangements. In some instances, that decision may involve granting custody to a legal guardian. Sometimes, when a child is older and mature enough, a judge may allow the child to voice their custody preferences.

Florida family law, especially concerning child custody litigation, can be very complex. Call Pimentel & Castillo to have an experienced Miami child custody attorney represent you in a divorce case and defend your parental and custody rights.

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Custody Battle Dos and Don’ts

Custody Battle Dos and Don’ts

Divorce Attorney, Family Law, Florida Custody Litigation , , ,

Custody battles are often mentally straining and stressful for the parents involved. The majority of parents do not enter into custody litigation proceedings unless they have come to the conclusion that having primary custody of their children is truly the best option.

An experienced Miami divorce attorney knows how to familiarize their clients with Florida family law and guide them through Florida custody litigation. The following are some dos and don’ts parents should follow to win a custody battle.

Do Act Properly in Court

In child custody battles, perception is always a determining factor. Both sides are able to present their opinions about their ex-spouses and their childrearing capabilities, but it is up to the judge to decide whether to believe or put value on those evaluations. For starters, judges will take into consideration the involvement of both parents in the custody hearings. Litigants should physically show up to court on time. They must look presentable by wearing attire appropriate for the courtroom. They must follow courtroom etiquette by being respectful to the judge and opposing party and not showing anger or using fowl language.

Do Ask Questions

Litigants invite additional unnecessary stress and anxiety by refusing to voice out their concerns. If parents do not understand something about the custody litigation process, they should not hesitate to ask for clarification from their attorneys and the court. They are entitled to voicing their concerns and getting clear answers.

Do Cooperate With Ex-Spouse

Divorcing parents going through custody litigation often have severely strained relationships, but to win a custody battle, parents must show the court a genuine willingness to work and get along with their exes for the benefit of children. Courts are more likely to rule in favor of cooperative parents over those who refuse to speak and collaborate with their exes.

Don’t Lie

Parents who are dishonest with the court by making unfounded allegations against their exes or exaggerating their exes’ shortcomings are doing themselves a disservice. It might seem like an effective way to improve their standing as parents in the eyes of the court. However, if those accusations or embellishments of the facts are discovered, their credibility will diminish and so will their chances of winning custody.

Don’t Coach Children

There is a point in the custody litigation process when the children of the litigants get interviewed by a custody expert and sometimes the court. In a custody evaluation, children are able to voice their opinions on the family dynamic and the reasons that led to their parents’ separation or divorce. Parents can inform their children about the interview and give them a general idea of what to expect to alleviate any confusion or fear. However, parents should not prepare their children for the interview, tell them what to say, or encourage them to talk negatively about their other parent. A custody expert will easily spot a child who has been coached, and it will reflect badly on the guilty parent.

Don’t Violate Orders

One of the easiest ways to get on the court’s bad side is by failing to follow a judge’s court orders. Parents must make strong efforts to comply with the judge’s requests, especially if those requests are binding and enforceable orders. Whether it concerns allowing communication and visitation between children and noncustodial parent or a myriad of other things. Litigants must always respect the court’s decisions or risk losing custody.

Florida custody litigation is a lengthy and complex process. If you are in need of legal assistance regarding divorce and child custody, talk with one of the Florida family law experts at Pimentel & Castillo. Call us to speak with a premiere Miami divorce attorney today.

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4 Benefits of Joint Physical Custody

4 Benefits of Joint Physical Custody

Divorce Attorney, Family Law, Miami Divorce Attorney , ,

While having joint legal custody brings its own advantages, joint physical custody where each spouse has equal time with their children can be beneficial for both parents and children. Consult with a Miami divorce attorney to learn more about the custody options available because some divorce cases might only allow for joint legal custody. For divorce cases that can accommodate joint physical custody, here are some benefits to consider.

1. Children Live in Both Households

With joint physical custody, children are able to live with both parents for equal or almost equal amounts of time. This arrangement forges strong and healthy relationships with both their parents and allows children to stay connected with their extended families from both sides. Living with both parents reduces the fear of losing a parent as well as the feelings of rejection, loss, and conflict of loyalty some children experience after a divorce.

2. Discipline is a Team Effort

Since both parents get equal parenting time with their children, there is an opportunity for them to collaborate in creating house rules and enforcing consequences. With joint physical custody, both parents will be equally responsible for their children’s discipline. One parent will not be pitted against the other parent, one being the “disciplinarian parent” and the other being the “fun, part-time parent.” If both parents work together, a continuity in household rules can be established, providing consistency in children’s daily routines, as well as responsibilities.

3. Routine Schedules Good For Parents

Both parents will have to agree on a joint custody schedule that determines how parenting time will be divided between them. This schedule provides a set and predictable routine that both parents follow and can plan around. By knowing when their children will and will not be at their house, each parent can schedule their activities accordingly. Plan for family-centered activities during parenting time and plan for work activities, time with friends, or “me” time when the kids are not around.

4. Share Daily Costs of Raising Children

Costs for after school activities, toys, and school supplies might seem small, but they sure add up. But when parenting time is shared, both parents naturally end up sharing costs on these everyday items and expenses. On the other hand, large expenses should be handled according to the parental agreement.

If you are considering divorce, consult with an experienced Miami divorce attorney at Pimentel & Castillo to learn more about the process as well as custody options. Call our family law professionals today.

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