Articles Posted in Parenting

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It is understandable that some spouses who are divorcing are not necessarily in the mindset to cooperate with one another. After all, fighting and disagreements have likely played a role in the decision to end their marriage. However, refusal to come to an agreement regarding one or more issues in a divorce can cause serious delays and can increase the cost of a divorce.

Before a court will grant your divorce, you and your spouse must settle numerous issues including:

  • Property and debt division;
  • Child support;
  • Time-sharing and visitation;
  • Parenting plans;
  • Alimony.

If any one of those issues cannot be settled out of court, the divorce can be delayed as the court will have to decide for you. You and your spouse will have to present evidence to support your arguments for how you want to resolve the issue at trial and the judge will rule on the matter.

A recent divorce case demonstrates just how much a divorce case can be affected by adversarial disputes instead of cooperation. After 25 years of marriage, the wife of the founder of Cancer Treatment Centers for America filed for divorce. The filing occurred in 2009 and the case is still dragging on due to several disagreements regarding a prenuptial agreement, custody, and division of their millions of dollars in assets. The case has involved numerous hearings, appellate hearings, changes of lawyers, contempt orders, and other complications, and is now finally going to trial over asset and property division. In the meantime, both spouses have likely spent an enormous amount of money, stress, and time dealing with the divorce proceedings and have been unable to remarry since their marriage is not yet dissolved after more than six years. Continue reading →

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A major issue between parents who split up is who will get custody of their child. In many cases, if you do not particularly like the other parent or believe he or she may be irresponsible in some way, you may want to obtain sole custody rights. However, getting sole custody in Florida is extremely difficult.

In order to understand why this is the case, you should have a basic understanding of custody laws in Florida. First, there are two different aspects to child custody:

  • Physical custody: the time you spend with your child visiting you or living with you; and
  • Legal custody: the right to be a part of major decisions in the child’s life, including schooling, activities, religion, and medical care.

In Florida, physical custody is called “parenting time” and legal custody is often referred to as “parental responsibility.” How these rights are divided between parents is set out in a parenting plan that must be approved by the courts. Continue reading →

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If you are no longer married or in a relationship with the other parent of your child, you will need to make many legal decisions regarding time-sharing and visitation. These are the terms that have largely replaced the term “child custody” in Florida, since Florida law sets out that maintaining continuing and frequent contact with both parents is in the best interests of the child unless there is evidence to the contrary. No longer do the courts presume that the mother should automatically have full custody and the courts make this type of determination hoping to uphold both parents’ rights to share in raising their child.

Determining how to share time and legal custody of children is not a simple matter and many parents may consistently argue over specifics of the arrangement. To avoid this, parents who have joint physical and/or legal custody over children must have a parenting plan approved by the courts. It is always preferable for parents to agree to the specifics of a parenting plan and then have the court approve it, as they know their child’s schedule and specific needs firsthand. Unfortunately, in some cases, parents cannot agree on all of the specifics of a parenting plan and the court must intervene and decide for them. No matter who decides the specifics, however, a parenting plan must include certain provisions.

Necessary Provisions in a Parenting Plan

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On June 11, 2015, Governor Rick Scott signed the bill that will remove the language banning gay couples from adopting children from Florida law. Though a judge for the 3rd District Court of Appeal in Miami ruled that the ban was unconstitutional and state officials stopped actively enforcing the ban in 2010, the language remained codified in Florida law. Florida was the only state in the U.S. to have such a ban and, though removing the language is largely a formality, gay rights advocacy groups celebrated the fact that the “lingering insult” of the decades-old law will be gone.


Another Threat to Gay Adoption Failed in 2015

Earlier this year, there was another bill on the table in Florida regarding same-sex couples adopting, though that proposed law would have threatened gay adoption rights, not preserved them. HB 7111 would have allowed private adoption companies to deny adoption for gay couples by citing “religious or moral convictions or policies” without risking losing their adoption agency license from the state. Though the bill was presented as a protection of religious freedom, opponents maintained that it was no more than a thinly veiled attack on the equal rights of same-sex couples.

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Thousands of adoptions occur across the United States every year. Most of them proceed very smoothly and without any unexpected surprises.

However, there are a handful of adoptions that do occur that involve unsuspecting problems, and result in heart wrenching stories.

One recent story involves Sonya, a young child adopted by a Tennessee couple. The biological father’s rights were believed to have been terminated. The biological father received a 10 year sentence for illegally transporting firearms. State law provided for termination of his parental rights based upon the ten-year sentence that he received. This sentence paved the way for the adoption Sonya.

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Welcome to the 21st Century! With the popularity of Facebook, Twitter and the internet in general, your life has become an open book. You may need to seek the services of a seasoned attorney when social media becomes a central issue in your case.

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Postings to your facebook page can become fodder for your spouse’s lawyer, especially when there are minor children involved. Don;t be fooled thinking that what you are posting is off limits to your spouse. It’s not. As equally important are postings by others, which may have a direct link back to you, whether you were aware of it or not. One such example may be a posting of your underage child under the “influence at a party”. Who was the parent “on call” at the time?

Everything on-line becomes a record, which may be used either in your favor or against you, as the case may be. The electronic age is not limited to social media, but to all aspects of your life, including financial matters.

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Incredible as it sounds, the Massachusetts legislature is considering such a bill. The proposal should not be considered in a vacuum however, as it applies only in specific situations, when minor children are involved.

The proposal was designed to promote and protect the best interests of the minor children, whose parents are in the midst of a divorce.

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Robert LeClair, a local Massachusetts lawmaker proposed the bill, after going through a bitter divorce himself. The specifics of the bill would be to prohibit the parent in possession of the marital home, from engaging in any type of sexual relationship with a new partner during the parties separation, and prior to the divorce proceedings concluding.

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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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Child custody issues, or extensive litigation in order to “win” the title of primary custodian should become a thing of the past. All of the reasons to litigate these issues have been abolished under Florida law.

Instead, Florida has adopted what is now referred to as time sharing with minor children, which is established under the provisions of a parenting plan. The requirements for a parenting plan are found in Florida Statute 61.13.

1388778_max.jpgFurthermore, the trend today is approximating an equal time sharing arrangement whenever possible. Each case would be decided on its own merits, but if it is geographically feasible based upon the distance between the parents home, and consideration of other statutory factors as found in Florida Statute 61.13, the most likely outcome will be a 50-50 split.

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Yes!

Facebook is mentioned in at least 33% of all the divorce cases filed in the United States in 2011. This is according to a story aired by ABC News.

There is no doubt that social networking and facebook are and will continue to play an integral part of all of our lives now, and well into the future. Privacy rights are now the exception, rather than the rule. Technology has taken over all aspects of our lives.