Author: Maria Teresa Sallato

Accidents: Steps to Take After Being Injured

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Accidents can happen anytime and leave you dealing with painful injuries, medical bills, and insurance companies. Knowing the steps to take after an accident is critical to ensuring you protect your health and legal rights.

  1. Seek Medical Attention: Your health is the top priority. Even if you feel fine, some injuries may not show symptoms immediately.
  2. Document the Scene: Take photos of the accident scene, your injuries, and any property damage. Gather contact information from witnesses if possible.
  3. Report the Accident: For car accidents, notify law enforcement. For workplace injuries, inform your employer. For slip and fall cases, notify the property owner or manager.

4. Don’t Speak to Insurance Companies Without Legal Help: Insurance adjusters may try to offer a quick settlement. Always consult an attorney before accepting any offers.

5.Contact a Personal Injury Attorney: At Sallato & Associates, P.A., we help accident victims get the compensation they deserve. We handle the legal side so you can focus on recovery.

By following these steps, you can help protect your rights and secure the financial compensation you need to recover after an accident.

Adoptions: Growing Your Family Through Legal Means

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Adoption is a beautiful way to grow your family, but it can also be a complex legal process. Whether you’re adopting domestically, internationally, or through the foster care system, understanding the legal requirements and procedures is key to a successful adoption.

Types of Adoption in :

  • Private Adoption: When birth parents voluntarily place their child with adoptive parents.
  • Agency Adoption: Facilitated through licensed agencies, often involving children in foster care.
  • Step-parent Adoption: When a spouse adopts their partner’s biological child.
  • International Adoption: Involves the adoption of a child from another country, requiring compliance with both U.S. and international laws.

Florida requires prospective adoptive parents to undergo a home study, a process where a licensed professional evaluates your living situation, background, and readiness to adopt. Once the adoption is finalized, the child legally becomes part of your family, with the same rights as a biological child.

At Sallato & Associates, P.A., we provide guidance through every step of the adoption process, ensuring that all legal requirements are met and helping families navigate the emotional journey of adoption.

Divorce: What You Need to Know Before Filing

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Divorce can be an emotional and overwhelming process, and it’s essential to be prepared before you file. Understanding your legal rights, the process, and how it may impact your finances and family is crucial.

In Florida, divorce is referred to as the dissolution of marriage. It can be filed on the grounds of an irretrievably broken marriage or mental incapacity. Before filing, it’s important to consider several factors, including:

  • Asset Division: Florida follows equitable distribution, meaning assets and debts will be divided fairly, though not necessarily equally.
  • Child Custody and Support: Custody decisions will be made in the child’s best interest. Florida courts typically encourage joint custody unless one parent is deemed unfit.
  • Alimony: Spousal support may be awarded depending on the length of the marriage, each party’s financial situation, and their ability to maintain the standard of living established during the marriage.

Hiring an experienced divorce attorney can help you navigate this challenging time while protecting your rights and future. At Sallato & Associates, P.A., we’re here to guide you through every step of the process, from negotiations to final judgments.

Family Law: Protecting What Matters Most

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Family law encompasses a wide range of legal issues that affect families, from divorce and child custody to adoption and domestic violence. At Sallato & Associates, P.A., we specialize in family law matters, offering compassionate and experienced representation to help you protect what matters most—your family.

Common Family Law Issues Include:

  • Divorce and Separation: Whether you’re facing a contested or uncontested divorce, we help protect your rights and interests, particularly when it comes to asset division, spousal support, and child custody.
  • Child Custody and Support: Custody disputes are often the most emotionally charged aspect of family law. We work to create parenting plans that prioritize the best interests of the child while ensuring fair support arrangements.
  • Domestic Violence: If you or your children are victims of domestic violence, we can help you obtain restraining orders and take legal action to ensure your safety.
  • Adoption and Guardianship: Our firm guides clients through the legal process of adoption or securing guardianship for minors, ensuring that all requirements are met.

Family law matters can be emotionally draining, but with the right legal team on your side, you don’t have to face them alone. At Sallato & Associates, P.A., we are dedicated to providing personalized legal solutions that help families move forward with confidence.

Pre and Post-Nuptial Agreements: Why Every Couple Should Consider One

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Whether you’re planning to get married or are already married, pre-nuptial and post-nuptial agreements can offer financial protection and peace of mind. These legal agreements are especially important for individuals with substantial assets, business interests, or children from previous relationships.

Pre-Nuptial Agreements are created before the wedding and can define:

  • Ownership of property and assets
  • Financial responsibilities during the marriage
  • Division of assets and debts in case of divorce
  • Protection from the other spouse’s debts

Post-Nuptial Agreements are signed after the wedding and serve similar purposes but can also address financial changes that occur during the marriage, such as a career shift, inheritance, or the acquisition of new property.

These agreements aren’t just for the wealthy. They are practical tools that ensure both parties are on the same page financially and provide clarity in the event of a divorce. At Sallato & Associates, P.A., we can help you draft a fair and enforceable agreement that meets your unique needs.

Embracing a Fresh Start: Navigating the New Year After Divorce

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The arrival of a new year often symbolizes new beginnings, a chance to reflect on the past and embrace the possibilities of the future. If you’re navigating life after a divorce, the transition into the new year can be both challenging and empowering. In this article, we’ll explore some valuable insights on how to start the new year after a divorce and embark on a journey of self-discovery and personal growth.

Reflect on the Past:

Before stepping into the new year, take some time to reflect on the past. Acknowledge the emotions, experiences, and lessons learned from your divorce. It's essential to give yourself the space to process your feelings and gain a deeper understanding of the person you have become through this transformative experience.

Set Realistic Goals:

The new year is an excellent time to set goals for yourself, both personally and professionally. However, it's crucial to be realistic and gentle with yourself. Start with small, achievable goals that contribute to your overall well-being. Whether it's focusing on self-care, exploring new hobbies, or advancing in your career, set objectives that align with your current life stage.

Reconnect with Your Identity:

Divorce often leads to a reevaluation of one's identity. Take this opportunity to rediscover who you are outside of the context of your past relationship. Engage in activities that bring you joy and tap into your interests. Reconnecting with your identity can be a powerful step toward building a more fulfilling and authentic life.

Build a Support System:

Surround yourself with a supportive network of friends and family who can provide encouragement and understanding during this transitional period. Share your thoughts and feelings with trusted individuals who can offer valuable insights and perspective. Building a strong support system is crucial for emotional well-being and navigating the challenges of post-divorce life.

Seek Professional Guidance:

Consider seeking professional guidance from therapists, counselors, or support groups specializing in divorce recovery. These professionals can provide valuable tools for coping with the emotional aftermath of divorce and assist you in developing strategies for moving forward.

Embrace Self-Care:

Prioritize self-care as you embark on this new chapter of your life. Pay attention to your physical, emotional, and mental well-being. Whether it's practicing mindfulness, engaging in regular exercise, or dedicating time to hobbies you love, taking care of yourself is paramount to building resilience and adapting to the changes that come with divorce.

Focus on Co-Parenting (If Applicable):

If you share children with your ex-spouse, co-parenting can be a significant aspect of post-divorce life. Establish open communication, set clear boundaries, and prioritize the well-being of your children. Collaborative co-parenting can create a stable environment for your children and contribute to your personal growth as a parent.

Starting the new year after a divorce is an opportunity for self-discovery, growth, and resilience. By reflecting on the past, setting realistic goals, reconnecting with your identity, building a support system, seeking professional guidance, embracing self-care, and focusing on healthy co-parenting (if applicable), you can navigate this journey with strength and optimism. Remember, each step you take brings you closer to a brighter, more fulfilling future.

CHILDREN TO HOME STATE UNDER WRIT OF HABEAS CORPUS

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WRIT OF HABEAS CORPUS FOR THE RETURN OF

CHILDREN WRONGFULLY REMOVED

            When a parent removes a child from one state to another state within the Unites States, the left-behind parent may file a Petition for Writ of Habeas Corpus for the immediate return of the child.

In order for a Florida court to grant the writ for the immediate return of the child, the Court must find that the removal of the child from his/her home state was “wrongful”. The removal of a child is wrongful if it is in violation of an agreement of the parties or a custody order entered in the state of residence. The “custody order”must have been entered in substantial compliance with the due process rights of “notice and opportunity to be heard”.

If your child has been removed from his/her home state and has been brought to Florida without your permission or an order of the court contact Sallato & Associates, PA. We have the experience to know when it will be proper to file the Writ of Habeas Corpus and how to successfully present it to the Florida court.

RETURN OF CHILDREN TO THEIR COUNTRY OF RESIDENCE UNDER THE HAGUE CONVENTION

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RETURN OF CHILDREN TO THEIR COUNTRY OF RESIDENCE UNDER THE HAGUE CONVENTION

 When a child is kidnapped/removed from another country and is brought to the United States, the left-behind parent may petition the US Court for the return of the child to the child’s country of residency.

The stay-behind parent can file a petition for the return of his/her child under the terms of the Hague Convention. The petitioner must prove that the child was wrongfully removed from his habitual place of residence. A child is wrongfully removed when the left-behind parent is able to prove that at the time of the removal he had “rights of custody” and that they were being exercised at the time of the removal.

The “rights of custody” required under the convention for the return of the child may arise out of an agreement of the parents, a court order or by operation of law. It is important to note that on many occasions a child is removed from his/her country when there has not been a previous court order deciding custody of the child. However, even in the absence of a court order granting custody rights, a parent derives custody rights by operation of law emanating from either the constitution or legislation such as the concept of patria potestas. These rights of custody are to be found in the legislation of the country of habitual residence.

An attorney experienced in the return of children under the Hague Convention should be consulted as a successful petition requires the knowledge of the US and foreign law and must be able to educate the presiding judge on both. We at Sallato & Associates, P.A. have successfully represented left behind parents from Australia, England, Colombia, Ecuador, and Brazil.

RELOCATION OF CHILDREN

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 RELOCATION OF CHILDREN

Under Florida Statute 61.13001, the parent with majority time sharing with the minor children can petition the Court to allow the relocation of the parent and the children to another place or country. The parent who petitions for the relocation must prove to the Court that the move is in the best interests of the children or the relocating party. The Petitioning parent should adequately prepare in order to present to the court proof of better conditions at the new locations, for example: an offer of a better job, better housing, better school district, better extracurricular activities, better health care, etc. The petition for the relocation of children from their place of residence to, sometimes, another country, requires extremely well prepared and thought out preparation in order to improve the likelihood of obtaining the relocation. We, at Sallato & Associates, P.A., have secured the relocation of children as young as three years old from Florida to Chile and from Florida to Venezuela. In the event the Court approves the relocation, the Court will design a substitute visitation plan with the non-relocating parent that will allow the children to continue to enjoy both parents, even if geographically separated.

Welcome to the blog of Maria Teresa Sallato

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During the last twenty-three, Maria Teresa Sallato, has dedicated her practice to complex family law cases and international child abductions cases under the Hague Convention.

Of particular importance to her practice is her ability to negotiate a settlement in order to minimize litigation costs as an experienced Florida Supreme Court certified family mediator.