Jeffrey P. Cario, P.A.LEVERAGING OUR EXPERIENCE TO SIMPLIFY COMPLEX LEGAL PROBLEMS2026-04-17T15:22:34Zhttps://www.jeffreycario.com/feed/atom/WordPress/wp-content/uploads/sites/1303820/2020/06/cropped-site-identity-32x32.jpgOn Behalf of Jeffrey P. Cario, P.A.<![CDATA[Handling summer custody effectively the first year after divorce]]>https://www.jeffreycario.com/?p=481782026-04-16T16:54:23Z2026-04-16T16:54:23ZProper emotional preparation
It can be very difficult to transition from spending the entire summer with the children to only spending half of the time or less with them. Parents may need to discuss their circumstances with friends or family members other than their children to gain a better perspective and process their feelings.
They may need to work with a counselor or explore artistic outlets for their feelings. Ideally, each parent manages their own emotional reactions so that they don't lash out at one another or show how upset they are to the children.
Logistical planning
Vacations and childcare often require careful coordination before the summer even begins. Parents attempting to take their children to theme parks, beaches or other destinations during their parenting time may need to validate the schedule in advance, make reservations and ensure they have everything needed to travel safely with their children.
If a parent's plan for the summer includes working full-time, they may need to have childcare arrangements in place, including backup arrangements in case their childcare provider goes on vacation or falls ill.
Legal compliance
The time-sharing arrangements outlined in a Florida parenting plan should prioritize the best interests of the children, and the courts expect both parents to uphold the schedule. Parents may need to carefully review the schedule for time-sharing to ensure that any travel they plan is during their own parenting time.
They may also need to validate rules regarding the right of first refusal for childcare arrangements and any restrictions on travel. In some cases, they may need to give parenting time to the other parent if they intend to use a professional caregiver or may need prior approval for traveling significant distances with the children after the divorce.
Parents who understand and make every reasonable effort to conform to the legal requirements imposed on adults who share custody can minimize conflicts with their co-parents and transition to their new time-sharing arrangement over the summer gracefully. Working with an experienced child custody attorney can help people understand what is necessary for legal compliance and what rights they have under their current parenting plan.]]>On Behalf of Jeffrey P. Cario, P.A.<![CDATA[What to do if wrongly accused of domestic violence in Florida]]>https://www.jeffreycario.com/?p=481382025-10-21T16:59:09Z2025-10-21T16:59:09ZWhy do false accusations happen?
False domestic violence claims often arise in heated personal conflicts during divorce, child custody disputes or relationship breakdowns. A person may exaggerate or create a story to gain leverage in court or to punish their partner or former spouse. Whatever the motive, the consequences can be devastating for the accused.
In Florida, knowingly filing a false police report is itself a crime, and making a maliciously false report to the child or adult abuse hotline for leverage in a custody dispute is a third-degree felony. But just the same, many individuals do it without regard for the other person’s welfare.
What do you do when falsely accused?
No one expects a domestic violence accusation. But if you find yourself facing false allegations, make sure to take these immediate steps:
Refrain from contacting the accuser: The court can misinterpret any contact, and prosecutors can use it against you.
Follow all court orders: Even if it seems unfair, obey restraining orders or no-contact provisions.
Gather evidence: Document texts, emails, call logs and secure witness statements to strengthen your case.
Speak with a criminal defense lawyer: A lawyer well-versed in Hernando County domestic violence cases can help you build a strong defense.
Remember that you are innocent until proven guilty, so work with an attorney you can trust to review evidence, challenge false claims and represent you in court. A good attorney can easily spot inconsistencies in the accuser’s statements or find witnesses who contradict their claims.
Protect your name and your future
A false accusation does not have to define you. With legal help, you can defend your rights and clear your name. If someone accuses you of domestic violence, contact a criminal defense attorney as soon as possible. The right lawyer can help you protect your freedom, your family and your future.]]>On Behalf of Jeffrey P. Cario, P.A.<![CDATA[Social media can affect your divorce]]>https://www.jeffreycario.com/?p=480052025-02-11T14:03:46Z2025-02-11T14:03:46Z5 ways social media can impact your divorce
Here are some common examples of social media activity impacting divorce cases:
Evidence of infidelity: Posts or messages indicating an extramarital affair can be used as evidence of infidelity. Pictures, status updates, dating site profiles, or tagged locations with someone other than the spouse can provide tangible proof in court.
Financial discrepancies: Social media can reveal reported income or financial status discrepancies. For example, posts about expensive vacations or luxury purchases can contradict claims of economic hardship during alimony or child support negotiations.
Parental fitness: A parent’s behavior on social media can be scrutinized during custody battles. Posts depicting reckless behavior, substance abuse or negative comments about the other parent can impact a judge’s decision on custody arrangements.
Contradictory statements: If a spouse makes statements on social media that contradict their claims in court, it can undermine their credibility. For instance, claiming they are unemployed while posting about a new job can affect spousal support rulings.
Emotional state and conduct: Posts that demonstrate aggression, harassment or threats can establish a pattern of negative behavior, which can influence decisions related to protective orders or custody.
Given the potential implications, opposing lawyers and judges may closely examine social media accounts during divorce proceedings. This scrutiny underscores the importance of being mindful of social media use during a divorce.
Talk to us if you have questions
For those navigating a divorce, its essential to get knowledgeable family law guidance. It also crucial to be aware of how your online presence can be perceived and potentially used in legal settings. By approaching social media with caution, individuals can better protect their interests and personal lives during the challenging divorce process.]]>On Behalf of Jeffrey P. Cario, P.A.<![CDATA[How do I make a child-centered parenting plan in Florida?]]>https://www.jeffreycario.com/?p=480022024-10-31T15:32:52Z2024-10-31T15:32:52ZHow do I know what will serve my child’s best interests?
It is important to note that this is not just a parental opinion, but a question guided by state law. In Florida, courts make decisions regarding parenting time and responsibilities based on a legal standard referred to as the child’s best interest. This is impacted by various factors, potentially including:
The capacity of each parent to facilitate and encourage a close and continuing parent-child relationship,
The geography involved, such as the location of each parent’s home as well as school if the children are school-aged, and
The moral, physical, and mental fitness of those involved.
The court uses these and additional factors to guide its decision and help better ensure that the child’s emotional, educational, and physical needs are met.
What are some important things to include in our plan to make sure it is child-focused?
To create an effective parenting plan that centers on the child’s best interests, consider including a detailed time-sharing schedule. Outline the regular daily, holiday, and vacation schedules in a clear manner. It is also important to address how the parents will manage healthcare and education decisions and to establish rules for how parents will communicate with each other and with the child.
Parents can help better ensure children have a successful transition into a new version of family life after they finalize the divorce by tailoring a parenting plan to the child’s best interests.]]>On Behalf of Jeffrey P. Cario, P.A.<![CDATA[Changing a parenting plan: Tips to modify a parenting plan in Florida]]>https://www.jeffreycario.com/?p=480012024-10-31T15:31:23Z2024-10-31T15:31:23ZWhen can I modify a parenting plan?
Under Florida law, a parents can consider modification of a parenting plan if there is a substantial change in circumstances and the proposed changes are in the best interests of the child. Examples of changes that might meet these criteria include the relocation of a parent, changes in the child's health or needs or significant changes in a parent's lifestyle or stability.
Parents who find themselves in this situation are wise to gather evidence and prepare to demonstrate how these changes impact the child's well-being.
How do I modify a parenting plan?
The process of modifying a parenting plan in Florida involves several steps. These often include:
Filing a petition: The parent who wishes to make changes to the parenting plan must file a Supplemental Petition for Modification of Parenting Plan/Time-Sharing Schedule and Other Relief with the court that issued the original order.
Providing notice: The filing parent must then serve the other parent with the petition and allow the served parent an opportunity to respond.
Attending mediation: Before the hearing, the court may require parents to attend mediation to try to resolve their differences amicably.
Court hearing: If parents cannot agree on modifications, the case will proceed to a hearing where both can present evidence and arguments. The judge will decide based on the child's best interests.
Modifying a parenting plan is a significant legal action that should not be taken lightly. Parents are wise to review any potential changes to better ensure the modification serves the best interests of the child.
Navigating the modification of a parenting plan in Florida requires a thorough understanding of legal procedures and a careful assessment of the child's needs. Remember, the court's primary concern is the welfare and stability of the children.]]>On Behalf of Jeffrey P. Cario, P.A.<![CDATA[Why younger people are embracing prenuptial agreements]]>https://www.jeffreycario.com/?p=480002024-08-29T05:03:34Z2024-09-03T05:03:14ZWhat is a prenuptial agreement?
A prenuptial agreement is a contractual arrangement that a couple enters into prior to marriage, specifying their financial obligations and how assets will be divided in the event of divorce. It can specify how inheritances will be owned and addressed in a potential marriage dissolution, and it can indicate how premarital debts will be dealt with. These agreements can provide peace of mind with each spouse knowing that they won’t have to worry about their finances should they wind up getting a divorce.
More Americans are in favor of prenuptial agreements
Over time, more and more Americans have recognized the value of a prenuptial agreement. In fact, a recent survey found that half of all American adults said they would sign a prenuptial agreement. That’s up 8% from the year before. And younger individuals are especially likely to use this marital tool. According to the survey, 47% of millennials who have been engaged or gotten married signed a prenuptial agreement. Even 42% of those surveyed in Generation Z have signed a prenuptial agreement.
Why are younger people in favor of prenuptial agreements?
It’s not entirely clear. However, one possibility is that when they were children they witnessed their own parents’ divorce where fights over money were highly contentious and maybe even traumatizing for their children. These individuals, who have now entered adulthood, may not want to face a similar circumstance.
Another factor could be that many women now feel more empowered to advocate for what they think is fair in their marriage compared to generations past. Many of them have their own careers, wealth and dreams, and getting divorced without a prenuptial agreement could endanger all of that.
Perceptions about prenuptial agreements have also changed. While they used to be viewed as something that only wealthy individuals used, their widespread use has led to a recognition that they can be valuable for everyday couples looking to protect their interests and give themselves peace of mind.
Are there risks with a prenuptial agreement?
There can be if they’re inadequately negotiated and poorly drafted. While you certainly don’t want to get into a fight with your soon-to-be spouse, you also don’t want to give away so much in your prenuptial agreement that you end up on rocky financial footing if your marriage were to come to an end. So, if you’re interested in entering a prenuptial agreement, make sure you have a full understanding of what it can do for you, and be sure to understand how it’ll position you in the future before you sign off on it.
Are you ready to learn more about prenuptial agreements?
If so, then we encourage you to continue to read up on them and maybe even look over some sample agreements that give you an idea of what they look like. You shouldn’t, however, try to create a binding prenuptial agreement on your own, though, as this could lead to a later finding of invalidity, thereby putting you at risk of a bad outcome. So, if you have questions about prenuptial agreements or you’re ready to enter one with your spouse, then reach out for any support and guidance you may need.]]>On Behalf of Jeffrey P. Cario, P.A.<![CDATA[How do Florida courts decide custody?]]>https://www.jeffreycario.com/?p=479732024-07-05T05:41:47Z2024-07-05T05:41:47ZThe best interest of the child
Florida uses a “best interests of the child” standard in custody matters. The court examines various factors when deciding what is in your child’s best interest.
Some of these factors include:
Each parent’s ability to maintain a stable, safe and loving home environment
Each parent’s physical and mental health
The length of time the child has lived in a stable environment
There are several other factors considered along with these. The goal is a custody arrangement that best meets the child’s needs and keeps their welfare as a priority.
The shared custody presumption
Recent changes to the law state that there is a presumption that an equal or “50-50” approach to custody is in a child’s best interest.
This means a court is likely to order shared custody unless there is evidence showing that one parent should have more custody time than the other. If you are worried about not getting enough time with your children, this presumption could work in your favor.
However, if you are concerned about your children’s safety or welfare when they are with the other parent, a legal presumption in favor of shared custody could be a problem for you.
Additional factors that could impact custody
You may need to argue based on some additional factors Florida courts consider when deciding custody. One factor is the capacity of a parent to provide a consistent, stable routine for a child.
If your co-parent constantly lets your child stay up late with no set bedtime or does not have a regular dinner or homework schedule, this could show that they are incapable of providing a stable home life.
Post-divorce or separation, each parent is expected to continue to communicate openly and directly about child-related issues. A court will examine each parent’s capacity to communicate with the other and keep them updated on the child’s activities and well-being.
Courts are often unhappy to see one parent intentionally not communicating with the other about major events in a child’s life, such as those affecting education and healthcare.
How domestic violence can affect custody
A history of domestic violence or abuse, neglect or abandonment of the child is another factor that sometimes results in one parent receiving more custody over the other. The weight this factor is given is highly dependent on the situation.
One incident of domestic violence may not prevent a parent from seeing their child, but a consistent pattern of abuse or neglect might cause a court to order limited or supervised custody.
Evidence is necessary to make arguments on any factor you wish to use to support your position. Knowing how to properly present your evidence and argue your case can make a huge difference in the outcome of your custody proceedings.]]>On Behalf of Jeffrey P. Cario, P.A.<![CDATA[What to know about budgeting for life after divorce]]>https://www.jeffreycario.com/?p=479022024-05-07T04:46:07Z2024-05-10T19:29:25Zmarriage dissolution is finalized can be tough, especially if it’s been a long time since you’ve lived on your own. One of the more helpful steps you can take to give yourself a sense of what you need out of your divorce is creating a post-divorce budget.
Why a post-divorce budget matters
Creating a budget seems simple enough, but it can be hard to gather the courage to actually generate one in the face of divorce. Many people are resistant to doing so because they’re afraid of what they’ll find out about their financial positioning, while others simply don’t like the finality of it.
But creating a post-divorce budget is crucial to your success. By creating one of these documents, you’ll have a better idea of your income, your debt obligations, and what you need to live the life you want. As a result, your post-divorce budget can direct you toward those assets you need to advocate for in your divorce proceedings.
Tips for creating an effective post-divorce budget
Your budget will only be helpful if it meets certain requirements. These include:
Being realistic: If you inflate your income or what you expect to get out of your divorce, or if you minimize the amount of financial obligations you’ll have once your divorce is finalized, then your budget isn’t going to be very helpful. So, be realistic when looking at your income and your debts, as well as what you think you’ll get out of your divorce. This way you’ll know where you need to focus your efforts.
Track your expenses: Our expenses can fluctuate over time, and can be hard to track. By documenting every dollar spent, though, you’ll clearly see where your money is going and where you’re able to cut back. This can help balance your budget and give you some financial breathing room.
Prioritize savings: When you walk away from your divorce, there’s no doubt that you’re going to have fewer assets than when you were in your marriage. As a result, you might be hard up for cash if an emergency arises. That’s why it’s a good idea to focus on setting aside money to cover those expenses when they arise. Your budget can be helpful in figuring out how to do that.
Don’t forget about investments: Your divorce might cause a hit to your retirement savings. If that’s the case, then be sure your budget specifies how you’re going to save for your future. If you’ll be unable to or will be restricted in your ability to do so, then you can use that as a talking point during settlement negotiations.
Secure your financial future during your divorce
We know you have a lot to deal with during your divorce. But don’t let the stress of the process cause you to make costly mistakes that jeopardize your future. Instead, carefully think through the legal strategy you need to protect your future and secure the outcome you deserve.]]>On Behalf of Jeffrey P. Cario, P.A.<![CDATA[How Mediation Comes Into Play During Divorce]]>https://www.jeffreycario.com/?p=479002024-03-07T13:47:44Z2024-03-12T21:06:09Zchild custody and property division.
Typically, the spouses (each represented by their own counsel) must go through a lot of negotiation before they can make these decisions and formalize them in an agreement. These negotiations can be difficult even if the divorce is relatively amicable and the spouses are able to act civilly with each other. The nature of the system leads each side to resist compromise and push for as much as they can get out of a settlement.
Sometimes, what the spouses need is a third party who can break through the adversarial nature of the process in order to help both sides reach an agreement.
That's the purpose of a mediator.
Neutral third party
A mediator is a neutral third party hired by both sides and not choosing one over the other. Unlike a judge or an arbitrator, a mediator doesn't have the power to render a decision. Instead, the mediator's role is to facilitate the negotiations and gently push both sides toward agreement. The sooner they reach agreement, the less expensive the process and the earlier they can put the divorce behind them.
If the mediation is successful, the parties sign an agreement and send it off to the court for approval.
Where mediation works best
Mediation can help speed up the process of negotiating a settlement in many types of divorces, but it is particularly well-suited to cases involving parents who have young children and must work out a child custody arrangement. These parents must continue to work together to coordinate parenting schedules and so it's especially important to reduce the animosity and lingering bad feelings that are so common with our adversarial legal system. This can make school drop-offs and pickups easier for the parents, and can help shelter the children from some of the ugliness of divorce.
That said, mediation can also help spouses who don't have young children, and with issues such as property division and spousal support. So long as both sides are knowledgeable about the issues and committed to reaching agreement, mediation can smooth the process.
Most courts require mediation and will conduct them over Zoom to avoid direct contact, this is especially important in contentious divorces or divorces involving domestic violence.]]>On Behalf of Jeffrey P. Cario, P.A.<![CDATA[Defending yourself against a drunk driving charge]]>https://www.jeffreycario.com/?p=478992024-01-11T06:57:14Z2024-01-16T06:56:26Zpenalties get even higher if it is not your first DUI conviction or your blood alcohol level was especially high. Most people cannot afford even the minimum of these penalties.
Additionally, a DUI conviction can affect your career and personal life. You may lose your job if it requires a driver’s license to perform.
Your friends and family might now look at you as someone who has an alcohol problem and treat you differently. You will also now have a criminal record, which could mean less future career and educational opportunities.
These are all reasons why it is vital to fight a DUI charge with the strongest possible defense. But do you have any defenses? Do people actually beat DUI charges?
Depending on your case, you may have one or more defenses available to you. Let’s look at some common ones.
Were you drunk driving or was it something else?
The most obvious defense is that you were not driving drunk. The police must have reasonable suspicion to pull you over.
This means they must see signs that you may be driving drunk. For example, speeding, running a red light or drifting from side to side are typical signs of drunk driving.
When the police pull you over, they continue to look for signs you are driving drunk, such as bloodshot eyes or slurring.
However, none of these are proof of impairment. There are plenty of other explanations. If the prosecution cannot prove these signs meant you were drunk driving, you should not be convicted.
Field sobriety and blood alcohol concentration tests
Challenging field sobriety and breathalyzer tests are other potential defenses. Field sobriety tests are notoriously unreliable.
Field sobriety tests involve performing activities such as walking a straight line, following a light with your eyes or counting backwards from 100. They are designed to measure your balance, coordination and memory.
Many people are extremely nervous after being pulled over and this can cause them to fail these tests. Anxiety, poor roadways, medical issues or various other factors can be used to show that your field sobriety test results are unreliable.
Blood alcohol tests are typically the strongest piece of evidence the prosecution will try to use against you, but there are many issues that can cause a blood alcohol concentration (“BAC”) reading to be unreliable.
The BAC device could have been calibrated wrong or the test might have been improperly administered. Your BAC test results must be carefully analyzed.
The police officer who administered these tests is usually called to testify. You will have a chance to question them on the methods and techniques they used if you want to challenge the accuracy of the results.
Were any of your rights violated?
You have certain rights after you are arrested. If your rights were violated, your entire charge could possibly be thrown out.]]>