Learn the difference between legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means that a parent has the right to have a child live with him or her. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents. Joint physical custody works best if parents live relatively near to each other, as it lessens the stress on children and allows them to maintain a somewhat normal routine.

Where the child lives primarily with one parent and has visitation with the other, generally the parent with whom the child primarily lives will have sole physical custody, with visitation to the other parent.

Legal Custody

Legal custody of a child means having the right and the obligation to make decisions about a child’s upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents.

If you share joint legal custody with the other parent and you exclude him or her from the decision-making process, your ex can take you back to court and ask the judge to enforce the custody agreement. You won’t get fined or go to jail, but it will probably be embarrassing and cause more friction between the two of you — which may harm the children. What’s more, if you’re represented by an attorney, it’s sure to be expensive.

If you think you have circumstances that make it impossible to share joint legal custody (the other parent won’t communicate with you about important matters or is abusive), you can go to court and ask for sole legal custody. But, in many states, joint legal custody is preferable, so you will have to convince a family court judge that it is not in the best interests of your child.

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Learn about recent tax credits and tax deductions for homeowners.

New laws in the past few years have brought several new tax breaks for homeowners, and taken one away. These include:

• tax credits for homes that generate electricity
• a tax break for some defaulting homeowners
• tax credits for first time homebuyers
• a continuation of the mortgage insurance deduction, and
• elimination of a tax loophole for owners of vacation or rental homes.

Tax Credits Generating Electricity or Using Solar Water Heating

The Energy Policy Act of 2005 provided a permanent tax credit (beginning in 2006) for homeowners who install photovoltaic systems to generate electricity. The tax credit is worth 30% of the cost of the system, up to $2,000. The same permanent tax credit is available for a solar water heater, provided the heater is not used to heat a pool or hot tub. Those who install a fuel cell system to generate electricity get a tax credit that amounts to 30% of the cost, up to $1,000 per kilowatt of power generated. Taxpayers can claim the credits on IRSForm 5695 Residential Energy Credits, available from the IRS website at www.irs.gov.

Unfortunately, tax credits for qualifying energy efficient home improvements, HVAC (heating ventilation air conditioning) equipment, roofing, doors, windows, and major appliances, expired in 2007 after a two-year run.

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Contrary to popular belief, most homeowners do not have a right to their view.

Generally, homeowners have no right to a view (or light or air), unless it has been granted in writing by a local ordinance or subdivision rule. The exception to this general rule is that someone may not deliberately and maliciously block another’s view with a structure that has no reasonable use to the owner.

View Ordinances

A few cities that overlook the ocean or other desirable vistas have adopted view ordinances. These laws protect a property owner from having his view obstructed by growing trees. They don’t cover buildings or other structures that block views.

Generally the ordinances allow someone who has lost a view to sue the tree owner for a court order requiring him to restore the view. A neighbor who wants to sue must first approach the tree owner and request that the tree be cut back. The complaining person usually bears the cost of trimming or topping, unless the tree was planted after the law became effective or the owner refuses to cooperate.

Some view ordinances contain extensive limitations that take most of the teeth out of them. Some examples:

• Certain species of trees may be exempt, especially if they grew naturally.
• A neighbor may be allowed to complain only if the tree is within a certain distance from his or her property.
• Trees on city property may be exempt.

See How to Find Local Ordinances to locate your city’s laws and policies.

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Your home provides many tax benefits — from the time you buy it right on through when you decide to sell: You can deduct property taxes, mortgage interest, home improvement and equity loan interest, and points. And when you move, you can deduct the costs of the sale and of capital improvements, as well as moving costs, under some circumstances.

Landlords can’t just lock you out, even if you are behind on rent. They must get a court judgment first.

Your landlord can’t evict you without terminating the tenancy first. This usually means giving you adequate written notice, in a specified way and form. If you don’t move after proper notice (or reform your ways — for example, by paying the rent or finding a new home for the dog), the landlord can file a lawsuit to evict you. (This type of lawsuit is sometimes called an unlawful detainer, or UD lawsuit.) In order to win, the landlord must prove that you did something wrong that justifies ending the tenancy.

State laws have very detailed requirements for landlords who want to end a tenancy. Each state has its own procedures as to how termination notices and eviction papers must be written and delivered to you (“served”). Landlords must follow state rules and procedures exactly.

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Bankruptcy is a federal court process designed to help consumers and businesses eliminate their debts or repay them under the protection of the bankruptcy court. Bankruptcies can generally be described as “liquidations” or “reorganizations.”

Chapter 7 bankruptcy is the liquidation variety: If you own property that isn’t exempt under your state’s laws, it may be taken and sold (“liquidated”) to pay back some of your debt. Chapter 13 bankruptcy is the most common type of “reorganization” bankruptcy for consumers: You get to keep all of your property, but you must make monthly payments over three to five years to repay all or some of your debt.

Both kinds of bankruptcy have numerous rules — and exceptions to those rules — about what kinds of debts are covered, who can file, and what property you can and cannot keep.

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The latest changes to the bankruptcy law make it a bit harder for some to file bankruptcy. And a few filers with higher incomes won’t be allowed to use Chapter 7, but will instead have to repay some of their debt under Chapter 13. All debtors will have to get credit counseling before they can file a bankruptcy case. And, because the law imposes new requirements on lawyers, it may be tougher to find a bankruptcy attorney.

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President Barack Obama is rolling out a $75 billion plan to save millions of Americans from foreclosure. But how will it help Florida residents, one of the hardest hit states in the foreclosure meltdown? Obama’s plan will assist several groups of people, including homeowners who owe more than their homes are worth. The plan will also help people lower their monthly mortgage payments. Florida ranks second with the highest foreclosure rate. California is at the top of the list. Obama unveiled his foreclosure prevention plan in Phoenix, AZ Wednesday. It will pay lenders to reduce mortgage rates for families facing foreclosure. The rules wll change to allow mortgage giants Fannie May and Freddy Mac to refinance upside down homes, which are homes worth less than their mortgages.

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1. Do NOT fail to accrue savings for an emergency.

Many wants and needs face each of us each day. Every dollar we earn seems to have its path determined before it comes to our hand. This often results in people putting aside little or no savings for a rainy day. Yet, rainy days do happen, that fact we know. I would love to see homeowners with six months of mortgage payments in savings. As a minimum people should have one to three months of mortgage payments as a reserve to help stop a foreclosure.

2. Do NOT get caught without a Home Equity Line of Credit in place.

If something comes up forcing you to stop a foreclosure you will need money fast but the options may be gone by then. At least 90% of foreclosures could be prevented or delayed if home equity lines of credit were previously activated. Setting up an equity credit line can often be done for no cost and can lock in rates as low as 4%. In most cases you pay nothing each month if you do not access the line. No one ever expects sudden health problems, loss of a job or emergency requiring funds fast. By definition, these unforeseen events might prevent obtaining a loan once they occur. By setting up a home equity credit line before you ever miss a mortgage payment, you will have money when you really need it. No reason to fill out an application again, just write yourself a check. When things get back in order, pay back the line and then use it again the next time. Just be careful not to use the line for frivolous purposes and you will love your home equity credit line - especially if you never have to use it.

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Education
* Juris Doctor, Nova Southeastern University
* Masters of Gifted Education, Florida International University
* Add on Certification in Special Education, Florida International University
* Bachelors of Education, Florida International University
Memberships
* The Florida Bar
* American Bar Association
* Florida Bar Real Estate and Probate Section
* Florida Bar Family Law Section
* American Immigration Lawyers Association (AILA)
* Florida Bar Business Law Section
* Business Network International (BNI)
* Palmetto Middle School PTSA
* Killian Oaks Academy PTA
* USTA Tennis
Agents of
* Old Republic National Title
* Stewart Title Insurance Underwriters
* National Title Insurance Underwriters
In association with and of counsel for
* Airan2
* Airan-Pace
* Crosa & Fernandez, P.A.