Articles Posted in Time sharing

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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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Traditionally, couples who were facing divorce with children regularly heard terms such as “sole custody” or “visitation.” While these ideas often still apply in many situations, Florida law has been updated in recent years to change the way custody arrangements work.

Original Terms

Prior to 2008, one parent was often known as the “custodial parent” and the other as the “non-custodial parent.” Other terms used included “primary residential parent” and “secondary residential parent,” which meant the children lived with one parent most of the time and visited the other periodically. The timeline and frequency of such visits were set out in a “visitation plan.”

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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.


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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Under Florida law, minor children are not permitted to move more than 50 miles away from their current residence, unless written consent is provided by a parent, or by court order.

An interesting situation arises when a minor child wishes to attend a private school in a out-of-state location. The obvious question becomes whether or not the attendance at this new school would be considered a relocation, thereby requiring the parent to comply with Florida Statute 61.13001.

The answer to that question was recently addressed in the case of Blakely v Blakely, 38 Florida Law Weekly D2170c. In that case the court deemed the attendance of the child at an out-of-state high school to be an educational decision for the child and not one of relocation, therefore the relocation statute in Florida was not applicable.

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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.

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Time haring with minor children in Florida is keeping up with technology. As a matter of fact, there is a specific statute in Florida that deals precisely with this issue.

Florida Statute 61.13003 is titled as “Court ordered electronic communication between a parent and a child.

This type of communication can be ordered by the court when the situation is appropriate. Some of the court ordered factors that are considered are whether it would be in the best interests of the child; whether or not the electronic equipment is readily available and affordable to the parties involved; and any history of drug use or domestic violence involved in the case.