September 2012 Archives

September 22, 2012

Don't move without permission!

Moving from the state of Florida with minor children without permission can have serious consequences. The rules for relocation from the state of Florida are found in Florida Statutes 61.13001.

If the "stay behind" parent consents to relocation, make sure that consent is given in writing. stock-photo-18805289-boarding-pass.jpg If consent is not given, relocation must be initiated by the parent seeking to relocate, by filing a petition in the Circuit Court that currently has jurisdiction over the parties.

The petition must include a substantial amount of information, including the complete address of the intended new residence; telephone numbers, the reason for the requested relocation, and if for employment purposes, should include a copy of the employment offer.

The petition must be served on the other parent, who is afforded a twenty day period to respond to the petition.

The case then follows a process similar to the initial divorce case. Both sides gather their "discovery" and prepare for trial. The trial judge will have to consider what is in the best interest of the children that are involved in the proceeding. This is not an enviable task for the judge, who obviously must make a very difficult decision.

Whether you are seeking to relocate, or are opposing a relocation case. you should be represented by an experienced and qualified attorney, one who frequently is involved with relocation cases. Boca Raton attorney Alan R. Burton has been extensively involved in relocation cases, and he can provide you with invaluable assistance in these types of cases.

September 22, 2012

Divorce and children, and what is important to them

Divorce often times becomes a power struggle for control over the children. Issues such as time sharing, educational decisions, sports activities, religious upbringing, and medical care are just a few of such issues.

Anger between parents also brings the children into the middle of things. What role should the children play in their parent's divorce? Whose side should they take, and for whom should they speak on behalf of

The answer to these questions should be apparent. They are not the ones "getting divorced"; their parents are divorcing. It is not their battle, and they should not be a part of the proceedings.
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Divorcing parents in Florida must participate in state mandated parenting education courses before their divorces are finalized by the judge. It is better to participate in this required program early on in order to avoid as much conflict as possible throughout the proceedings.

HBO will be airing a documentary throughout the month of October which deals with divorce from the children's perspective. Kids will explain the impact of divorce on them, and they offer advice to parents on how they should conduct themselves during the difficult process of divorce.

Any parent who wants to clearly understand what impact the divorce process has on their own children should not miss this HBO documentary, "Don't Divorce Me! Kid's Rules for Parents on Divorce."

If you need any additional information, or assistance in the divorce process, and reducing the potential harm to children, contact an experienced attorney, one who is an advocate for children's rights. Alan R. Burton, Esq., an attorney with offices in Boca Raton, Florida is ready to advise and assist you.


September 22, 2012

Child support is a serious business

Paying child support in a timely fashion is important; not only is it important to the well being of your children, it is also important to your continuing freedom.

Although the Florida Constitution prohibits one from being imprisoned for a debt, the constitution will not protect you from being imprisoned as a result of non payment of your child support.

Although the Florida Constitution does provide safeguards for unlawful imprisonmement, if it is determined that the refusal to pay is willful, you most likely will be incarcerated for a period of time until something towards the child support arrears has been paid.

The local and national news is full of stories that deal with amnesty programs and other plans which are designed for and to encourage delinquent obligors to come forward with their child support payments.

However, these programs should not be considered as weakness or being lax on the part of the state enforcement divisions for the collection of child support. For example, Waynesboro, N.C. man was recently "brought down" by police tasers as he attempted to flee from police on a felony warrant for non-payment of child support. He is currently being held with no bond.777968_alcatraz.jpg

Some people will employ any means possible to avoid their child support obligations. Outside of Atlanta, a former government employee had his paychecks altered in order to avoid showing an increase in his income, which would ultimately lead to paying a smaller amount of child support.

This indiscretion on his part has ultimately landed him with a felony indictment for forgery, a first degree felony. Read the complete story about Freddie Ashmon, Jr.

The easiest way to not run afoul with the law is to pay your child support.