Green & Metcalf - Attorneys At Law

06/19/2022

Wishing all Dads a safe and Happy Father’s Day

12/29/2020

The criminal justice system isn't fair and limits people's social mobility. The only way to fix this is by hiring more public defenders as judges.

12/25/2020

Merry Christmas, Happy Hanukkah and Cheers to a Happy and Safe New Year!!

08/19/2020

The Fourth District Court of Appeals has affirmed the suppression of all evidence in the so-called "spa cases" pending in Indian River County. This unanimous ruling by the 4DCA affirmed the previous decisions of Judges David Morgan and Nicole Menz. The ruling also covered the cases pending in Martin County and Palm Beach. 10 judges have presided over this issue and 10 judges have suppressed the evidence as its seizure was a direct violation of the 4th Amendment. It is time to put this to rest. Hopefully the attorney general's office and local authorities will let this go and focus on something else. The Court found the most egregious offense to the 4th Amendment happened in Indian River County, Vero Beach. If interested here is a link to the ruling...

05/31/2020

Get to Know Your Lawyer – Ask the Right Questions

Whether you’re facing a painful experience such as divorce or navigating the tumultuous waters of adoption, you need assurance that your family law attorney has your best interests in mind. To this end, many family law practices offer free consultations as a chance to lay the foundation of a solid client-attorney relationship. The law firm of Green, Metcalf & Lazan gives a few examples of questions clients sometimes forget to ask.

“Oftentimes, clients arrive at the first consultation with questions surrounding costs, custody and support issues—all clearly very critical issues. But they may not think about some less obvious matters. Other factors also need to be considered so a client will know what to expect. For instance, how much communication can a client expect from their attorney during this process? What is that process? How will their private information be handled and who will have access to it,” said Norman A. Green, Senior Partner at Green, Metcalf & Lazan P.A. of Vero Beach, FL.

It is as essential for a client to feel comfortable with their law office as it is for their lawyer to gain a good understanding of their client’s individual situation. Starting out the relationship with open communication provides a strong foundation to get you through an otherwise unsettling time. Do not be too intimidated – or distracted – to ask questions.

“Don’t be afraid to ask for references and testimonials. Hiring your lawyer doesn’t need to be a leap of faith. You should be able to come away from that initial consultation with absolute confidence you’re in good hands,” said Green.

Norman A. Green is the founder and a partner of Green, Metcalf & Lazan P.A. He has over 40 years of experience in the practice fields of criminal defense and family law (divorce, child custody, child support, paternity, modifications of existing orders, prenuptial agreements and alimony cases).

Come read more on our website: https://www.greenandmetcalf.com/blog/get-to-know-your-lawyer--ask-the-right-questions/

04/22/2020

Norman Green in trial. Family law cases are moving forward as well. In some instances even full trials are able to be conducted. Reach out to your attorneys if you have issues that need to be resolved. Don't feel trapped or helpless to address issues in the home. We will all get through this. Stay safe.

The Family judges, magistrates and hearing officer in the Nineteenth Circuit started training on Zoom in early March and have been handling all of their hearings and trials remotely since March 18th to keep things moving. Below: Judge Cynthia Cox, Administrative Family Judge, presides over an Indian River County dissolution trial by Zoom.

04/22/2020

While jury trials have been suspended by the Florida Supreme Court, essential hearings such as bond hearings, first appearances and changes of pleas are still moving forward. Court proceedings in our community look a little different right now, but local judges and attorneys are doing their part to keep the judicial system moving.

Judge Nicole Menz, in Indian River County as pictured below. Criminal court continues by video conference during this pandemic. The staff of the Nineteenth Circuit have shown great flexibility in adapting to new technology.

03/23/2020

Settling Custody Disputes in Everyone’s Best Interests

When a marriage ends, clashes naturally arise. Even an amicable split can become heated. Nowhere is this truer than in the question of custody. And nowhere is there more to lose than
when a custody dispute escalates into an all-out war.

“The Court’s utmost responsibility in a custody dispute is to determine what is in the best interest of the child. To that end, there are protections in place to ensure neither parent can undermine the other or unduly deny access to the children,” said Norman A. Green, Senior Partner at Green, Metcalf & Lazan P.A. of Vero Beach, FL.

There are two types of custody: legal and physical. Legal custody gives the parent basic decision-making rights, such as where they will attend school. Physical custody determines whom the child will live with. Parents can be awarded joint custody where these decisions are made together or sole custody with only one parent assuming primary care.

“In dire situations where an agreement cannot be reached between the parents or one parent believes the other unfit, the Court may choose to appoint a Child Advocate Attorney to
determine what is in the best interest of the child. Assuming both parents are competent and willing to act on behalf of their child’s wellbeing, an equitable custody agreement can usually be
reached through the help and guidance of a good family law attorney,” said Green. Norman A. Green is the founder and a partner of Green, Metcalf & Lazan P.A. He has over 40
years of experience in the practice fields of criminal defense and family law (divorce, child custody, child support, paternity, modifications of existing orders, prenuptial agreements and
alimony cases).

Come read more on our website: https://www.greenandmetcalf.com/blog/settling-custody-disputes-in-everyones-best-interests/

02/27/2020

Distribution of Marital Assets – Equitable vs. Equal

An asset can be considered anything of value including real estate, personal property and financial interests such as a 401K. Liabilities are debts – such as a mortgage or credit card.

Typically, assets or debts acquired during the marriage would be considered marital in nature whereby they belong to both parties. Should the marriage dissolve you may think all assets and liabilities were divided equally down the middle, but that’s not always the case.

“The Court considers extenuating factors in dividing assets and liabilities during a divorce. It will evaluate if one party contributed substantially more than the other and give them greater consideration in splitting assets. Or the economic position of one spouse may be far more tenuous than the other and put them in undue hardship when assigning liabilities,” said Norman A. Green, Senior Partner at Green, Metcalf & Lazan P.A. of Vero Beach, FL.

Divorce attorneys specialize in assisting those going through this process. Family lawyers evaluate each individual’s unique situation and devise a plan to protect their interests. Through mediation with their attorneys, parties can negotiate the terms of distribution and assignment, without leaving that up to the Court.

“Divorce can be messy, but it doesn’t need to be. So much turmoil can be mitigated through this type of communication. A family law attorney, who specializes in divorce cases, can help eliminate the confusion and anxiety. It’s our job to make this process as painless as possible for our clients,” said Green.

Norman A. Green is the founder and a partner of Green, Metcalf & Lazan P.A. He has over 40 years of experience in the practice fields of criminal defense and family law (divorce, child custody, child support, paternity, modifications of existing orders, prenuptial agreements and alimony cases).

Come read more on our website: https://www.greenandmetcalf.com/blog/distribution-of-marital-assets--equitable-vs-equal/

02/19/2020

Breaking Away From Non-Violent Abuse

Oftentimes, the evidence of domestic violence is clear to see; however, not all forms of abuse leave an external mark. Emotional and mental abuses are real and can be dealt by either party in the relationship. Entire households are ripped apart by ongoing and sometimes continuous, efforts to demoralize and stigmatize one’s partner.

“Abuse doesn’t always mean physical assault. Insulting language and intimidation are just a couple examples of a type of domestic abuse that can leave lasting scars on the targets. These behaviors work to erode the victim’s mental health overtime,” said Norman A. Green, Senior Partner at Green, Metcalf & Lazan P.A. of Vero Beach, FL.

Sadly, the children of such couples grow up having this type of behavior modeled and may come to see it as the normal dynamic between spouses—or from parent to child— and the cycle is repeated for the next generation. Do not ignore the insults or make excuses to protect the offending partner. If they refuse to amend their behavior or seek counseling, you may have no choice but to get out of the abusive situation.

“Consult a family law attorney for guidance. You have the right and responsibility to get free from any type of domestic abuse—even non-violent. The Court gives special consideration to custody where abuse is involved. The attorneys at Green, Metcalf & Lazan have a experience in these types of cases, and we work hard to make sure our clients and their dependents are protected,” said Green.

Norman A. Green is the founder and a partner of Green, Metcalf & Lazan P.A. He has over 40 years of experience in the practice fields of criminal defense and family law (divorce, child custody, child support, paternity, modifications of existing orders, prenuptial agreements and alimony cases).

Come read more on our website: https://www.greenandmetcalf.com/blog/breaking-away-from-nonviolent-abuse/

12/19/2019

𝐓𝐡𝐞 𝐒𝐞𝐚𝐬𝐨𝐧 𝐨𝐟 𝐒𝐡𝐚𝐫𝐢𝐧𝐠—𝐂𝐮𝐬𝐭𝐨𝐝𝐲
The holiday season centers around family. It is a season of joy but also one filled with many stresses. For unmarried parents, timesharing with their children and navigating an equitable schedule can compound that pressure. With parents and often grandparents and extended family all vying for equal time, finding balance is no easy feat.

“When the parents get along, the whole situation is that much easier. Everybody goes to the school plays, they can coordinate gift-giving and even set a dollar limit to eliminate competition. It’s when the two sides can’t come together that creates the tension. Of course, it’s the children that really lose out,” said Norman A. Green, Senior Partner at Green, Metcalf and Lazan P.A. of Vero Beach, FL.

Being open and flexible goes a long way. For instance, one parent might agree to celebrate Thanksgiving on another day if the other will agree to open presents on Christmas Eve. Unmarried parents must realize they are probably not going to get everything exactly the way they want it. However, these concessions – significant as they may seem – can minimize arguments and lead to a more enjoyable holiday season in the long run.

“It’s never easy. Both sides have their traditions and their expectations of what the holidays should be. Of course, their children are at the very center of that. And that’s the very reason the adults have got to be open to compromise, and why they have to put their children first,” said Green.

Norman A. Green is the founder and a partner of Green, Metcalf & Lazan P.A. He has over 40 years of experience in the practice fields of criminal defense and family law (divorce, child custody, child support, paternity, modifications of existing orders, prenuptial agreements and alimony cases) and criminal defense.
Come read more on our website:
https://www.greenandmetcalf.com/blog/the-season-of-sharingcustody/

11/25/2019

𝗧𝘂𝗴-𝗢-𝗟𝗲𝗮𝘀𝗵
You’re parting ways. You’ve agreed on who gets what, and the boxes packed. You’ve thought of everything right down to dividing up the soup spoons, and now it’s time to put your perfect plan into motion. But before you get your foot out the door, you grab Fido’s leash only to have your soon-to-be ex sn**ch it back.

“People have spent thousands of dollars in court costs over pet custody. Yet, the state of Florida does not regulate custody arrangements concerning animals. Whereas the couple may view their cat or dog as a family member, the court sees them as personal property,” said Norman A. Green, Senior Partner at Green, Metcalf, and Lazan P.A. of Vero Beach, FL.

Pet custody battles in other states have been resolved using some pretty unconventional techniques that are as varied as the judges themselves because there are no laws in place to guide them. In 2016, the state of Alaska made strides in resolving that issue by passing legislation that tied pet custody into existing child custody laws, using a similar standard of criteria.

“The rest of the country hasn’t caught up to Alaska just yet. It is up to the individuals to come to an agreement on how custody, and possibly visitation, of their pets will be decided. If an agreement can not be made between the parties, reach out to a family law attorney for help with mediation,” said Green.

Norman A. Green is the founder and a partner of Green, Metcalf & Lazan - Attorneys At Law. He has over 40 years of experience in the practice fields of criminal defense and family law (divorce, child custody, child support, paternity, modifications of existing orders, prenuptial agreements and alimony cases).
Come Read More on our Website . . .
https://www.greenandmetcalf.com/blog/tugoleash/