Practice Areas
Yablen Valiente is dedicated to the practice of Family Law, providing for every legal circumstance that could occur during any stage of matrimonial or partnership dissolve. The following is a description of the services we provide.
Child Custody
Child Support
Divorce
Domestic Violence
Guardian ad Litem
Mediation
Paternity
Partition of Real Property
Prenuptial Agreements
Relocation
Child Custody
Child custody is the determination as to the care, custody, and control that parents have over their child(ren) following separation or divorce. Custody can be determined between parents through mediation, or if they cannot agree, decided in a court of law. In Florida, a court can award both parents shared parental responsibility, or ultimate parental responsibility–whereby one parent has the authority to make all major decisions regarding the child’s health, wellbeing, and education, etc. The court also has the ability to award one of the parties sole parental responsibility, in which one parent makes all decisions concerning the child without input from the other parent. Florida courts typically call for shared parental responsibility, because it is believed to be in the best interest of the child(ren).
Back to top
Child Support
Child support is the financial payment made by one parent to the other parent who is sheltering the child(ren). Child support can be court mandated–regardless of the parents’ marital status. If the parties are unmarried and paternity is contested, DNA testing will be required. Both parents are legally bound to support their child(ren) until the child turns 18, is emancipated, joins the armed forces, gets married, or dies. Support can be extended until the child turns 19, if still in high school. Support may also be extended if the child has special medical, mental or physical needs incurred during minority. Child support issues to be determined include the amount and method of payment, the purchase of life insurance to secure support for the child(ren), and tax deduction-related issues.
Back to top
Divorce
“Fault” on the part of one or both parties is no longer the basis for dissolving a marriage in the state of Florida. If evidence is presented that a marriage is irretrievably broken, the court will determine that the dissolution of a marriage is warranted. A divorce can be sought by either spouse. Requirements consist of proof of the marriage and residency by at least one spouse in the State of Florida for a period of 6 months prior to filing of the petition. Our 23 years of family law experience allow us to assist you with the many decisions you’ll need to make. We will develop provisions that best reflect and best serve your specific situation. Our services also include post judgment litigation arising from the need for modifications to the marital settlement agreement, the parenting plan, or contempt and enforcement. Our longtime relationships with other family law attorneys and family law judges assist in reaching a favorable outcome for our clients.
Back to top
Domestic Violence
Florida law defines domestic violence as actions inflicted by one person against a household or family member. They include assault, battery, sexual assault, kidnapping and stalking. Any action that cause death or bodily harm is also regarded as domestic violence. If your claims are substantiated, we can obtain protection from the abuser by seeking a temporary domestic violence injunction or restraining order. This is typically granted within 24 hours without a formal hearing. The actual length of the injunction is determined at a subsequent trial.
Back to top
Guardian ad Litem
Our family law practice also includes guardian ad litem services. When parents cannot agree on a custody agreement, the judge can appoint a guardian ad litem to conduct an investigation. The guardian will make recommendations to the court as to what is in the best interests of the child(ren). During the investigation, the guardian will speak with collateral witnesses, doctors, and therapists. The guardian also generally meets with the parents and child(ren) to determine such issues as parental responsibility and timesharing.
Back to top
Mediation
The majority of divorce cases are settled through mediation negating the need for a courtroom trial. This is a process that involves a trained third-party professional, known as a mediator, who assists you and your spouse or another parent, to come to agreeable terms in dissolving a marriage or a domestic partnership–thereby avoiding the stress and cost of a court trial. Unlike outcomes decided by a judge wherein the parties have no control, mediated decisions are crafted by both parties and are more responsive to the needs of both. It allows you and the other party the opportunity to reach a global agreement. Mediation is voluntary and confidential without any public record.
Barry is a certified family law mediator and has been mediating family law cases since 2008. He has developed relationships and rapport with other family law attorneys, forensic accountants, and psychologists–who together endeavor to reach a global settlement with best outcomes for his clients.
Back to top
Paternity
Paternity must be established to determine whether a parent has a right to child support and custody. A Paternity petition can be filed by a woman who is pregnant or has borne a child; a man who thinks he is the father of a child; or a child who wants to prove his or her parentage when it has not been legally established. DNA testing may be required if there is question regarding a child’s paternity. When paternity is established, both parents have the legal right to file for a child support order, which orders the amount and type of child support parents must provide. The support can include parental responsibilities, child support payment, life insurance to secure child support for the child(ren) throughout minority, timesharing, medical and dental insurance, uncovered medical expenses for the child, and more. Our services also include post judgment litigation when, in the future, modifications need to be made to the child support order, contempt and enforcement.
Back to top
Partition of Real Property
We are highly experienced in the partition of real property, which commonly occurs following the dissolution of domestic partnerships. Partition action can be filed when two parties are on the title of real property. One of the parties can request that the court list and sell the property and divide the proceeds accordingly.
Back to top
Prenuptial Agreements
Parties can enter into a written agreement specifically outlining and or limiting the distribution of assets, liabilities, and spousal support in the event of a subsequent dissolution of marriage, filed by either party.
Back to top
Relocation
In the state of Florida, a Petition for Relocation must be filed before a parent who has custody of a child(ren) wishes to relocate with the child(ren) more than 50 miles from their current location. The standard for relocation is to be granted in what is in the best interest of the minor child(ren).
Back to top