Articles Posted in Best interests of minor children

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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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Child custody is often a complex and hotly contested issue in family law cases. In many situations, parents involved in a custody case are getting divorced or ending a dating relationship and, too often, one parent may want to limit the custody of the other. One parent may allege that the other engages in misconduct or is otherwise unfit to parent the child. Though Florida law presumes that joint custody and relationships with both parents is preferable, the courts will look into such allegations to ensure that the custody determination is truly in the best interests of the child. In these situations, the court may order a custody evaluation.

Custody evaluations involve the appointment of a Guardian ad Litem (GAL) to protect the rights and best interests of the child. A forensic psychologist may also be appointed to help evaluate the situation. These professionals are expected to remain impartial regarding the two parents and focus solely on what type of custody arrangement may be best for the child.

An evaluation may include the following depending on the particular situation:

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The state of Florida and particularly South Florida, is a melting pot of many diverse individuals from all around the world.

Due to the great diversity of people, you frequently see many Americans marrying people from foreign countries. When these couples have children, divorce can bring about some serious issues regarding the stability of the minor children.

Divorce frequently creates a considerable amount of anger between the parents, and the minor children are often times used as pawns by the parents.

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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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I know I am. Do we all know what it means? Do we know where the term originated? Do we know who created that term? The phrase is seen or heard almost on a daily basis.

I think by now we all know that Gwyneth Paltrow, the well known and talented actress, created it, or at least brought the term to the public forefront. Does the phrase actually have a clear defined meaning?

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What comes to my mind, as a divorce lawyer, is that the separation and split of the parties will be an amicable one. There will be no fighting and hostility. The parties will most likely conclude their marriage with an uncontested divorce proceeding.

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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.