In Florida the law is pretty clear that one who gives an engagement ring (e.g. man) is entitled to recover it, if:

A. The engagement is unjustifiably broken off by the person accepting it (e.g. woman) or

B. Cancelled by mutual consent of the parties.

The premise of this principle is that acceptance of the ring is contingent on the woman marrying the man.

Hence, as usual simple principles can get complicated, when “what if”….

Then, what if the donor, “Jacinto”, proposes to his long-time girlfriend “Ramona”, but the proposal and acceptance of the Beautiful 5 karats ring is during a holiday, “Christmas, Valentine’s day”?

Again, as usual, this may give rise to an exception where Ramona might be able to keep the ring if she proves that Jacinto called off the wedding or  that the ring was a Christmas Gift and not necessarily premised on the condition of her marrying Jacinto.

To summarize, it can be said that in a lawsuit in Florida to recover an engagement ring it DOES matter who calls off  the engagement. The purchase of an engagement ring in contemplation of marriage represents a major investment.

In Florida, upon a broken engagement or failed marriage, the tendency of the courts has long been to apply contractual principles.  The courts view the giving of an engagement ring as a conditional act.  If the marriage is fulfilled, the condition is met, and the ring is the property of the person who accepted it (donee spouse).

For more information, consult an experienced Family law attorney in Florida.

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What is a Parenting Plan?

Parenting Plan Miami and Broward

A Parenting Plan in Miami is a written document that is created to address the way the parents relate to one another about the decisions made regarding their child(ren), and includes a time-sharing schedule that dictates when the children will be spending time with each parent, including overnights, weekends, special occasions, holidays, vacations, and summer breaks.

Moreover, a detailed Parenting Plan will provide the what, who, how, and when decisions and actions will be made concerning a minor child(ren) whether the parents are divorced, divorcing couples, separated, never married parents, and same-sex couples.

Also, included in the Parenting Plan is how often and the method of technologies that the parents will use to communicate with their child(ren). For example, texting, email, telephone, Snapchat, Facetime to name just a few. Remember, the Parenting Plan can be as flexible or a rigid as you need it to be but must be aimed at supporting your child(ren) based on their individual needs, personalities, age, sex and preferences. If a Plan can be developed and mutually agreed to by the parents, then it only needs the approval of the Court to be binding.

However, if the parents cannot agree, the time-sharing schedule shall be established by the Court’s determination.

Note: it is important to know that a signed and fully executed Parenting Plan by the parents is a legally enforceable contract even without the Court’s approval.

In October of 2008, the concept of child custody was abolished in Florida.  The concepts of Custody, Primary Residential Care, and Secondary Residential Care have been replaced with the concept of Parenting Plans and Time-Sharing. Share parental responsibility is the legal presumption in Florida.

The Court believes that both parents should be actively involved in their children’s lives, education, religious upbringing, health and welfare.  Unless one parent is truly unfit, the Court will grant shared parental responsibility. Therefore, both parents will together jointly be raising their child(ren). The best interest of the minor child is the bottom line standard that the Courts consider in making Parenting Plan determinations.

The Judge has wide discretion in a making decisions as to what is the best interest of the minor child(ren). Unfortunately, many parents get caught up in their own wants and needs of their perceived “rights”, and tend to forget that the Court is only concerned with what is in the best interest of their children.

Parenting Plans are some of the most challenging and difficult aspects of a divorce case in the State of Florida.  Moreover, for a parent it can be a terrifying, frustrating and demanding process all rolled up in one. Always keep sight that the main goal of a Parenting Plan is to make co-parenting easier for the whole family.

Here, at Ferretjans Law, family law and child custody lawyer in miami and broward,  we understand what you are going through, what you are feeling, and what you want for you and your child(ren). I have seen firsthand the Judges make these decisions for parents simply because the parents could not make their children’s decisions on their own.  We will walk you through the process methodically and give you the best possible advice empowering you to make the best choice for your child(ren). We have a full team in house, Family mediator, Parenting Coordinators, and counselors to assist you and your family.

If you have any additional questions about Parenting Plans, please contact our office in Miami or Broward  at 305.925.0811 to schedule an initial consultation or go to our contact page.

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