Melbourne Divorce Lawyer

Tucker Mitnik, P.A.

10 Suntree Place
Melbourne, Florida 32940
USA

(321) 622-9014

(321) 255-6833

www.tuckermitnik.com

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Law Firm Overview

At Tucker Mitnik P.A., our Melbourne family lawyers are skilled attorneys representing clients in cases involving divorce, child support, child custody, domestic violence, and criminal matters.

Finding a family law firm in Melbourne you can trust with your divorce, criminal, or family law case is crucial. At the law firm of Tucker Mitnik, P.A., we are dedicated to providing strong, compassionate legal support to our clients. We fight aggressively on your behalf, and we are never too busy to answer a question or discuss your case with you.

Practice Areas

Additional Practice Areas: HRS/DFC Dependency; Injunctions; Bond Hearings; Marital Property Rights; Contempt; Driver's License Suspension; Extortion; Initial Appearances; Misdemeanors; Parole and Probation; Police Misconduct; Rental Vehicle Litigation; Search and Seizure; Stalking.

Practice Areas Description

Tucker Mitnik, P.A. provides legal representation and services in the following areas of practice:

- Divorce

As a Melbourne divorce law firm we know Florida is a "no-fault" state for divorce. This means that you do not have to prove your spouse did anything wrong in order to obtain a divorce. Either spouse can choose to dissolve a marriage for any reason regardless of the other spouse's wishes. You must be a Florida resident for at least six months prior to filing for dissolution of marriage, which our Melbourne divorce lawyer can help, and you or your spouse must testify under oath that the marriage is irretrievably broken.

Even when both spouses agree that divorce is the right option, disputes often arise regarding the division of property, debt, and the care and custody of any children involved. Because Florida is an equitable distribution state, the court divides property and debt based on what it deems fair—this is not always 50/50. Child care, custody, and visitation are determined based on the best interests of the child or children.

- Child Custody and Visitation

Whenever a child is involved in a legal situation, his or her best interest is the priority. In a case involving child custody or visitation, Florida courts consider—

• Which parent is more likely to allow the child frequent and continuing contact with the nonresidential parent
• The love, affection, and other emotional ties between the parents and the child
• Each parent's ability to provide the child with food, clothing, medical care, and other material needs
• The length of time the child has lived in a stable, satisfactory environment
• The permanence of the existing or proposed custodial home
• The parents' moral fitness
• The parents' mental and physical health
• The home, school, and community record of the child
• The reference of the child, if the child is intelligent, understanding and experienced enough to express a preference
• Any evidence of domestic violence or child abuse

If you are facing a custody battle, the family attorneys at Tucker Mitnik can help. We take the time to learn about you, your child, and your circumstances before developing a strategy for your child custody or visitation case. As parents ourselves, we understand the vital connection between parent and child. We are prepared to fight to protect your rights and the rights of your child.

- Child Support

Every parent is morally obligated to support their children. In most cases, parents are also required by law to provide financial support for their children. Florida bases child support on the parents' combined income and the number of children the parent is responsible for supporting.

If circumstances change, the court may modify the child support order. This includes—

• A significant increase or decrease in either parents' income
• The child spending more time with either parent
• The child being several years older or having special financial needs such as education or medical expenses

- Paternity

If a child's paternity is in question, either parent can request a DNA test to determine the identity of the father. Establishing paternity is critical when a mother or father is interested in—

• Obtaining child support
• Determining child custody and visitation
• Contesting court-ordered child support for a child who is not yours
• Acquiring family health records

Florida paternity laws are complex and require a skilled Melbourne family attorney with a thorough knowledge and understanding of the Florida family court system.

- Dependency

When the state of Florida suspects a child may be at risk due to neglect or abuse, the law allows the state to intervene. An investigation is launched, the child may be removed from the home, and charges may be filed against the parent or caregiver. Ultimately, the goal is to protect the child and ensure he or she lives in a safe environment.

However, there are times when the Florida Department of Children and Families (DCF) removes a child from an intact family and seeks to terminate parental rights without cause. If your child or juvenile dependent has been removed from your care and placed in DCF protective supervision or if the state is attempting to terminate your parental rights, we can help.

At the family law firm Tucker Mitnik P.A., we fight to keep your family together.

- Criminal Law

When you are accused of a crime, you risk losing your reputation, your freedom, and your future. The attorney you choose to represent you may be all that stands between you and a jail sentence. An experienced criminal lawyer knows how to build a solid, strategic defense and convey your side of the story to the judge and jury. In Melbourne, Florida, the attorneys at the law firm of Tucker Mitnik represent individuals in all criminal cases:

• Assault and battery
• Bond hearings
• Burglary
• Contempt
• Criminal fraud
• Domestic violence
• Driver's license suspension
• Drug offenses
• DUI/DWI
• Extortion
• Expungements
• Felonies
• Homicide
• Initial appearances
• Juvenile offenses
• Manslaughter
• Misdemeanors
• Parole and probation
• Police misconduct
• Rental vehicle litigation
• Search and seizure
• Sex offenses
• Shoplifting
• Stalking
• Theft
• Traffic violations
• Weapons charges

- Domestic Violence

At Tucker Mitnik, P.A., our experience in criminal and family law in Melbourne makes us uniquely qualified to represent clients in cases where these laws intersect. For instance, we often represent clients in divorce proceedings where one spouse is removed from the home. These cases sometimes include allegations of domestic violence or battery, and orders of protection. Attorney Timi Tucker is a former prosecuting attorney for the Florida Department of Children and Families (DCF). Mrs. Tucker handles criminal law cases that overlap with our family law practice. As a Melbourne family law attorney she knows exactly how Melbourne family law cases work—and how to protect your rights.