Recent Posts in Child Custody Category

With the onslaught of celebrity coverage surrounding Mel Gibson's recorded telephone rants, many divorce clients have asked whether it is legal to record their spouse or ex-spouse's telephone conversations.  The answer depends on several different factors and often varies on a case by case basis.

The general rule is, no, unless you obtain express consent.  Florida wiretapping laws are complex and can carry criminal or civil punishments if violated.  In situations where your spouse would have a reasonable expectation of privacy, it is not proper to record your spouse's telephone conversations without permission.  I typically recommend always obtaining permission from your spouse or ex-spouse before recording any telephone call or communication.

However, there are several exceptions to this general rule, that would require an in-depth analysis of the facts and circumstances of your family law case. 

Contact your expert Tampa family law attorney to discuss whether these exceptions apply to you and your case.

It is never too early to start thinking about where your children will spend their holidays.  Most parents wait until November to start dialoguing with their former spouse about scheduling their holidays for their children.  If they do not have a set schedule in place, they find themselves calling their family law attorney after Halloween to settle their disputes.  Unfortunately, the judges have dockets that are already crowded.  So, last minutes hearings are rarely granted and usually quite expensive to litigate.

I recommend that clients start around the beginning of the school year to set out their requests for a holiday schedule.  That way, if there is going to be a disagreement, it can set sorted out without a last minute rush to the courthouse that quite possibly might not get resolved in time.

If you find that you and your spouse are unable to work something out, going to a mediator may be helpful.  Many jurisdictions have mediation services available for divorce cases at the courthouse for a relatively low cost.

Additionally, it may be helpful to know that many jurisdictions have a holiday guideline schedule that may be found on the courthouse website.  Ask your expert Tampa family law attorney for ideas as to how to get this problem served early in the year and avoid unnecessary expense.

We previously discussed in this space that, under Florida family law, the court can order one or both parties to a child time-sharing plan post a surety bond.  The purpose of this is to prevent one of the parties from fleeing the state with the children in an attempt to hide them.  We outlined some of the circumstances under which the court might order a bond.  What happens once one party posts a bond and what are the funds used for if the court orders the bond forfeited?

Florida family law states that the court can order the bond forfeited once it finds a material violation of the time-sharing plan by removing the child or children from the state or otherwise attempting to conceal their whereabouts.  It then gives three specific examples of how these funds are to be used:  1) to reimburse the non-violating parent costs associated with enforcing the terms of the plan, 2) to locate and return the children, and 3) to reimburse reasonable fees and costs as determined by the court.  This last item seems to give the court fairly wide discretion in covering expenses incurred by the non-violating parent.

Bottom line:  Always consult with an expert Tampa family law attorney to make sure the terms of your time-sharing plan are enforced as provided by Florida divorce law.

In a Florida divorce or a Florida paternity case, the law sets out a specific schedule that determines how much child support each party is responsible for based on the income of both parents and the number of children in the family.  However, we have previously discussed that Florida family law provides for certain exceptions from these guidelines, such as the demonstrated need for one party to financially support an elderly parent or certain extraordinary medical or educational expenses.

Another exception is seasonal variations in one or both parents' income.  What does this mean and how would a court interpret this provision?  One example might be a teacher who gets paid his salary during the school year when he's in class teaching but not over the summer.  Another example could be a salesman who gets paid mostly on commission and sees larger paychecks around the holiday shopping season. These are only two circumstances for which the court could deviate from the established guidelines - there are many others.

Bottom line:  If you find yourself having trouble meeting your child support obligations due to changes in your income from month-to-month, consult with the best Tampa family law attorney to make sure you receive the reasonable accommodation as provided by law.

Florida family law is very clear on how much each party will be responsible for in child support based on both parents' income and the number of children.  However, we have recently discussed that the court can deviate from the normal payment schedule for certain unusual circumstances like the care of an elderly parent.

What if the children are enrolled in private schools which can cost thousands of dollars per school year these days?  Are these expenses meant to be shared using the normal child support schedule laid out in the law?  Expert Florida divorce lawyers know that the answer is, "Not necessarily."

While the guidelines for payment are calculated using a clearly defined formula, the law states that the court can adjust one or both parents' share for a number of factors, one of which is extraordinary "medical, psychological, educational, or dental expenses".  Private school tuition fits under this exception and should be handled outside the normal guidelines.

Bottom line:  Speak with the best Tampa family law attorney you can find if your children are subject to expensive private school tuition costs and you are involved in a divorce or paternity case.

In a Florida divorce or paternity proceeding, the best Tampa family law attorneys often use guardians ad litem for the benefit of the children.  A guardian ad litem should not act as an attorney or advocate for the child, but rather as next friend of the child in seeking the child's best interests.  Once appointed, this person has fairly wide-ranging powers, many of which require the assistance of a lawyer.  For example, the guardian ad litem has investigatory powers that allow the interview of the child, witnesses, or any other person having information concerning the welfare of the child.  The guardian ad litem may also assist in seeking impartial expert examinations as necessary or, with the assistance of counsel, may ask the court to compel examination of the child or the parents by doctors or mental health professionals.   

A guardian ad litem is entitled to attend any court proceedings that affect the child and also must submit a written report containing recommendations to the court within 10 days of any stipulation or agreement.  The guardian is able to make oral or written recommendations directly to the court.

While these are some of the powers and duties specifically laid out in Florida family law, the law is also clear that this list of powers is not meant to be exhaustive. 

Bottom line:  The best St. Petersburg child custody lawyer will tell you that the purpose of a guardian ad litem is to act in the best interests of a child and that the law provides fairly extensive authority to assist in the pursuit of this goal.

The court system uses guardians ad litem to assist in cases involving children.  In order to be appointed by the court to perform this task, you must meet one of three qualifications.  You must be officially certified by the Florida Guardian Ad Litem Program, certified by a not-for-profit legal aid organization or be an attorney who is a member in good standing of The Florida Bar.

There are a number of specific criteria within the Florida Guardian Ad Litem Program and within any not-for-profit legal aid organization which we will discuss in a later blogpost.  All of the requirements are geared toward obtaining guardians ad litem who will dedicate their time to diligently representing the best interests of the children they are appointed to represent.

If you have questions about these qualifications, contact an expert Tampa family law attorney.

Bottom line:  A guardian ad litem can be appointed to represent a child in a child custody dispute.

In a Florida divorce or paternity case, there will be a child support guideline calculation to determine how much will be paid from one parent to the other.  These calculations are pretty precise and inflexible.

What if you are one of the many people in this country who are financially subsidizing an elderly parent who does not have sufficient funds to meet the monthly bills?  You should contact the best child support lawyer in Tampa to ask what the effect of that situation is on your child support obligation.

Florida law allows for certain exceptions to the child support guideline calculation.  One of these is for just such a situation as we just described.  If you can show that the payments for your parent have been regularly paid and that they are legitimately an ongoing necessity, the court may deviate from the Florida child support guidelines.

Bottom line:  Ask your expert Florida custody lawyer how this exception applies to you.

A Florida child custody determination deals with the details of who is physically and legally responsible for the child and what timesharing rights other parties may have. 

If a determination is made in a Florida family law court, whether permanent or temporary, initial or modification, it is binding on all parties unless there is a subsequent modification.  

Persons inside the state of Florida will be served in accordance with Florida laws.  If a person resides outside of the state of Florida and they are served with a child custody determination, they must abide by the determination according to the Uniform Child Custody Jurisdiction and Enforcement Act.

Your expert Tampa family law attorney can advise you how each of the fifty states has passed exactly the same law with regard to which state has jurisdiction over child custody cases depending upon the contacts of the parents and the child with each particular state.  All of the other states will honor a child custody decision of any state which follows this statute.

Bottom line:  There are specific rules in place to determine which state has jurisdiction in any child custody jurisdiction dispute.

In a Florida child custody case, if the court sets a parenting plan designating timesharing rights for each parent and there is a reasonable and foreseeable risk that one parent may violate this plan or remove the child from the state or country, the court can take certain measures to ensure that this does not happen.

One of these measures is requiring the parent who is presenting the threat of violation to put forth a security or a bond.  This bond can be cashed in, either in part or in whole, upon the parent's violation of the parenting plan, depending on the decision of the court.  A family law court will first determine whether or not there is a need for a bond.  If there is a need, then the court will set the amount for the bond.   In Florida, a number of factors are taken into consideration when deciding this. 

One of these considerations is whether or not a parent has taken or threatened to take a child out of Florida or any other state in violation of an agreement.  For example, if a parent has previously violated a parenting plan by taking a child out of Alabama in a previous custody matter, there is a good chance that a judge may require a bond in the current Florida case.

Bottom line:  Your expert Florida family law attorney can guide you through the process of requiring a bond to protect your children.

In determining the amount of child support to be paid in a Florida divorce case, courts have established a precise numerical formula for calculating those payments.  The Florida child support guidelines are based on factors such as the children's health care expenses and the number of days the child stays overnight at each parent's house.  Ultimately, Florida family law courts are confined to this formula to establish payments. 

However, a parent can request that the court deviate from this formula as detailed by the Florida Child Support Guideline Statute.  One of these reasons is if the child earns an independent income.

For example, a child may possibly hold a job as a hostess or a bus boy at a local restaurant.  If this child is earning enough income to purchase his or her own clothes, or pay for his or her own car insurance or medical expenses, child support payments may be lower than the formula establishes.

A board certified Tampa family law attorney can guide you through court proceedings in this scenario.  While a modification or deviation from the formula is not guaranteed, the court will take your situation into consideration when calculating payments.

In every family law case involving parenting, there will be a timesharing plan ordered by the court.  That plan will include a time schedule for when each parent will be with the children.  What do you do if you find out that the other parent may be planning to take the children out of state, in violation of the plan?

The Florida statutes provide a way that you can ask for help before the other parent is already gone for parts unknown with your children.  They set up a procedure where you can present "substantial competent evidence" to the court that there is a risk of the other parent violating the court order by removing the child from the state.

If the court agrees that the risk exists, an order can be entered that the other parent may not remove the child without a notarized written permission statement from you.  In addition, the court can require the posting of a money bond which will be forfeited if the child is removed.  The court can also require the surrender of the child's passport.  Your expert Florida custody lawyer can help you through the process.

Bottom line:  Talk to your Florida divorce attorney about the steps you can take to ease the worry of your children being taken out of state without you knowing about it.

A dispute over child custody in a Florida divorce or paternity case can often become very emotional and divisive.  The more animosity there is, the more it hurts the children involved.  The Florida family law system has a way to try to ease some of the tension that is placed on the children.

In a Florida divorce where there is a request for creation or modification of a parenting plan, the court may appoint a guardian ad litem to act as "next friend of the children, investigator or evaluator, not as attorney or advocate."  This is typically done when a judge feels that it would be appropriate to hear what the child has to say about the proposed parenting plans, but wants to keep the child from feeling alone in the process.

If there are allegations of abuse, abandonment or neglect, the court has no alternative.  It must appoint a guardian ad litem.

The guardian ad litem will typically meet with the children and make them feel more at ease with the idea that their parents are divorcing.  The guardian ad litem will assure them that the breakup of the marriage is not because of anything that they have done.  Then the children will be asked what they would like to see the parenting plan look like.  Finally, the guardian ad litem will inform the court of the thoughts of the children.

Bottom line:  Your expert Tampa family law attorney can assist you in seeking a guardian ad litem to assist your children.

As we have discussed in this space many times, Florida has a guideline mathematical formula which determines the amount of child support which will be paid in Florida divorce and paternity matters.  These guidelines are more than just suggestions as to what the support might be.  They are absolutely binding on the parents unless there is a justifiable reason to vary from the formula.

The Florida Child Support Guideline Statute has a list of reasons why the court can deviate from the normal calculation.  Among them are extraordinary medical, psychological, educational and dental expenses.

If a child has any sort of extraordinary need in this regard, it would be unfair to impose the normal child support guidelines upon the parents.  For example, if you have a child who needs constant treatment and this requires continuing payments to healthcare or educational professionals, it would be unfair to treat this situation like the typical child support scenario.

Your expert Tampa family law attorney can tell you how to present this situation to the court for a review.

Although it does not happen in every case, the court will listen to evidence as to child support guideline deviations.

Bottom line:  Not every Florida family law case involving child support goes strictly by the child support guideline statute formula.

When the court calculates how much child support will be paid in a Florida Divorce or a Florida Paternity case, there are many factors which are taken into account.  One of these is the cost of childcare.

First, your expert Tampa Family Law Attorney will assist the court in determining how much basic child support should be paid based upon the net incomes of the parents under the Florida Child Support Guidelines.  Then the court will add the cost of health insurance for the children. 

Many people pay some sort of childcare for their children.  This will be considered in the child support calculation, but only if it is necessary to enable one parent or the other to get to work.  The next step, then, would be to add this cost to the required full child support of the children after deducting a straight 25% amount.  The reason for the deduction is that the Internal Revenue Service allows a tax credit for a portion of health insurance attributable to the children.

Once this is added to the basic child support amount, the court is closer to giving the final Florida child support amount to the parents.

Bottom line:  The mathematical child support calculation includes the cost of childcare for the children and your expert Florida Family Law lawyer can assist in this calculation.

Before the court finishes calculating how much child support will be paid in a Florida divorce or a Florida Paternity case, the court will take into account the amount of health insurance premiums for the children.

First, your expert Tampa family law attorney will assist the court in determining how much basic child support should be paid based upon the net incomes of the parents under the Florida Child Support Guidelines.  Many people pay some sort of health insurance for their children, so the court will next add the cost of those health insurance premiums. 

Once this is added to the basic child support amount, the court is closer to giving the final Florida child support amount to the parents.

Bottom line:  The mathematical child support calculation includes the cost of health insurance for the children and your expert Florida family law attorney can assist in this calculation.

To be a parenting coordinator, a person must either be licensed as a Florida mental health professional, psychiatrist or lawyer or be certified as a family law mediator with a master’s degree in a mental health field.  Expert Tampa family law attorneys often refer client s to parent coordinators for assistance in creating a timesharing plan because of the education and experience in dealing with children that comes with these qualifications.

The parent coordinator will meet with the parents both together and individually to discuss the needs of the children.  In some cases, the parent coordinator will contact teachers or others who have information regarding the children or, in certain circumstances, speak with the children themselves.

The primary goal of the parent coordinator will be to reach an agreement between the parents on all aspects of their future timesharing arrangement.  Not only will the parents decide which days the children will spend at each home, but also agree upon rules for telephone contact, exceptions to the usual schedule, responsibility for transporting the children, systems for selection of doctors, schools, extracurricular activities and all other choices you will make as your children mature.

Parent coordinators are fairly new to the divorce process in Florida custody cases, but have proven to be quite valuable in helping to reduce the bickering and reach agreements that divorcing parents can accept.

Bottom line:  Ask your expert Florida divorce lawyer if a parent coordinator could be helpful in your situation.

When calculating child support in your Florida custody case, your income is the most important factor.  Just about anything that you earn will be considered as income.

Before child support is calculated, however, there are certain things that are subtracted from your income.  They include: income taxes (federal, state and local), federal insurance contributions or self-employment tax, mandatory union dues, mandatory retirement payments, health insurance coverage (excluding children), court-ordered child support which is actually paid and alimony paid to a previous spouse or the spouse in the current divorce.

Only after these reductions are made will the child support guidelines be calculated to determine just how much each spouse should contribute to the support of each child.

The child support guideline calculations take up several pages in the actual Florida Statutes.  The best Tampa divorce lawyers will have a computer program which will make for an easier calculation of the amount to be paid.

Bottom line:  Consult with your expert Florida family law attorney to arrive at a precise calculation for the amount of child support which is appropriate in your situation.

When child custody is arranged in a divorce or paternity case in Florida, there is a requirement that a child support calculation be made.  This calculation is based upon the Florida Child Support Guidelines and ensures that all families with similar incomes are treated the same with regard to child support.

The guidelines base child support on the income of both parents.  The income includes a number of things:  income from employment (including bonuses, commissions, overtime and tips), business income, disability benefits, workers' compensation, unemployment compensation, pension and annuity payments, social security, alimony, interest and dividends, net rental income, income from royalties and trusts and estates, reimbursed expenses that reduce living expenses and recurring gains from dealing  in property.

Basically if you get paid from any source, it will be considered as income for purposes of calculating child support. 

The court can even impute income to you if you are underemployed.  That is, if you could make more money but are not because you are not trying to earn to your highest potential, the court can treat you as if you are fully employed and require you to pay child support based upon the income that you could be making.

Bottom line:  Ask the best Tampa family law attorney you can find to explain to you the specific ins and outs of income that is considered in the calculation of child support.

When there are minor children involved in your Florida divorce, you are required to take a parenting course before you can obtain a court ordered Final Judgment of Dissolution of Marriage.

Back in 1994, the Florida legislature decided that far too many parents were going through the entire divorce process without realizing some of the harm that they were doing to their children.  Judges were hearing many stories of one parent badmouthing the other parent in the presence of their children and otherwise doing and saying things which were unhealthy for the children to see and hear.

A parenting course lasts four hours and can be taken either separately or together by the divorcing parents.  The Florida family law rules allow that it may be taken in person or online, but judges in some parts of the state require that it be in person. 

For many people, the course serves as a reminder of things that you already know.  It deals with treating the other parent with respect in the presence of the children, keeping good communication lines open, the effect of domestic violence on children, being mindful of the stress that children are under during the separation process and other aspects of the family dynamic.  For some people, it is a wakeup call to start being the better parent that they never knew how to be.

Your expert Tampa family law attorney will have a list of the parenting courses near you.

Bottom line:  Early in the divorce process, it is a good idea to comply with the requirement that you attend a parenting course.  You just might learn something that will help you to be a better parent during this difficult time.

Child custody battles are the most stressful experiences that parents have in a Florida divorce.  Often the parents involved are so concerned with success or failure that their judgement gets clouded.  They sometimes take actions which they think will help their cause, but which actually have the opposite effect.

As you go through the process of arguing with the other parent over the children, there is sometimes a temptation to try to influence the children to take sides with you.  This often takes the form of saying negative things about the other parent in the presence of the children.  "I would love to buy that new television you want for your room, but your father is not giving us enough money to buy anything."  "I am so sad because your mother ruined my life.  She is interested in another man, you know."  "If you spend more time at my house, you will not be subjected to all of those ridiculous restrictions that you have to live with at your Mom's"

Those are just some of the many examples of how people try to win over the children by talking the other parent down.  This happens so often that the mental health community has given it a name, 'Parental Alienation Syndrome".

If you are the one engaging in this strategy to win a custody battle, you may just find yourself on the losing end of a child custody evaluation because you are not the parent who is most likely to "encourage a close and continuing parent-child relationship" when it come to the other parent.

Bottom line:  Be honest with your expert Tampa child custody attorney as to how you interact with your children and ask if you are in danger of being labeled a parental alienator.

Many people are in a hurry to get a divorce in Florida.  The reasons vary.  Some people are anxious to marry someone else.  Some want to stop sharing their large incomes with their lower income spouses.  Some just want out of the relationship.  For whatever the reason, many are hopeful of getting the speediest divorce possible.

In Florida, as in all states, divorces can last for many months and sometimes even years.  There are times, however, when each person in the marriage wishes to get on with things and an agreement on all issues is not a long, drawn out process.  When that occurs, it is possible to obtain a quick Florida divorce.

Once you and your spouse have decided that you want to get things over with and move on with your lives, you can contact your expert Tampa family law attorney and find out just how quickly the process can be completed.

Florida family law allows that, once you have reached an agreement on all issues, you can get a dissolution of marriage in as few as 20 days from the filing of the petition for dissolution of marriage.  You can even get it done more quickly if you can show the court that an injustice would occur by waiting the required 20 days.

Bottom line:  If you are anxious to finalize your Florida divorce, you can accomplish this in as few as  20 days from the filing the petition for dissolution of marriage once you and your spouse have resolved all of your differences regarding parenting issues, distribution of property, spousal support and reimbursement of attorney's fees.

After a domestic violence injunction has been granted, it remains in effect according to the terms and conditions of the judge’s ruling.  These terms and conditions of a domestic violence injunction can have a severe impact on person’s daily life.  The impact can be felt in the following areas; timesharing schedules with their children, imposition of child support obligations, restrictions on a person’s ability to visit certain people and places, and conditions on attending counseling sessions.

Often times a party fails to abide by the judge’s ruling and a violation occurs.  Florida Statute § 741.30(9)(a) provides that a violation of the protective provisions of an injunction against domestic violence may be prosecuted in a contempt hearing before the domestic violence judge or as a criminal violation.  Many people are unaware of the significance of a violation and the criminal prosecution which may follow.

A person may be charged with a misdemeanor in the event they have violated the terms and conditions of their domestic violence injunction.  The most common type of violation leading to a criminal prosecution includes a scenario where the Respondent (whom the injunction has been entered against) has illegally contacted or interfered with the Petitioner (whom the injunction was designed to protect).  In this case, the State Attorney’s Office would have the discretion to file a criminal domestic violence charge against the Respondent. 

In the event the State Attorney’s Office filed a criminal charge, the Respondent would face additional criminal sanctions.  These sanctions include a jail sentence, probation, fines, community service, and other restrictions imposed by the criminal judge.  It is important to note that while the criminal case is pending, the original conditions of the domestic violence injunction remain in place and the Respondent is still subject to the civil court’s contempt powers.

Because of the criminal charges a violation may bring, it is important for a party to work with his or her attorney in order to ensure that they understand the conditions of the injunction, the severity of a violation, and what is required by the court in regard to the terms and conditions of their particular injunction.  If you have been served with a domestic violence injunction, seek the representation of a skilled and experienced Tampa domestic violence attorney immediately.

If the other parent of your child fails to make timely child support payments, there are several ways that you can try to persuade them to pay.   The first thing that you can do is speak to your expert Florida divorce lawyer about filing a motion for contempt where you ask the court to hold the other parent in contempt of court.   There are a number of things that a court can do in that setting.   The first thing the court can do is require the delinquent parent to pay within a certain set period of time or else go to jail.  

After that, the court can also require that the various state licenses issued to the delinquent parent be suspended until the parent pays the child support current.   The most damaging penalty for most parents would be the loss of a driver’s license.   The court can go even further.   The state issues many other types of licenses.   The parent could have a license to practice medicine or law, a license to be an engineer or a contractor or school teacher.

A very inspiring penalty to persuade a parent to pay child support current is to take away the parent’s ability to earn a living.   In our experience, these types of orders are very persuasive and result in immediate payment of past child support amounts due.   Just imagine being faced with a choice of paying your child support obligation or losing your ability to make a living.   The choice is pretty clear.   Most people are not going to risk their livelihood when they can simply borrow some money to pay the support obligation up to date.

Bottom line:   If the other parent is behind in payment of child support, ask your expert Tampa divorce lawyer how to take the proper steps to make sure that the support is paid up to date.

At the end of almost every divorce consultation, a Florida family law attorney is posed with the same question. How much is my divorce going to cost?   While this question appears to be straightforward, the unknown factors of divorce make it almost impossible to answer.   Your Florida divorce attorney should, however, be able to analyze the issues of each particular case and address the related expenses.

In the State of Florida, there are two primary types of divorce cases, the first of which is an uncontested divorce.   In an uncontested divorce, the parties have been able to work through all issues even before filing the divorce petition.   In this scenario, all that remains is for the parties to complete and file the required pleadings.   Due to the limited nature of work involved, the divorce attorney’s role is to assist the client rather than advocate a legal position.   Thus, the attorney’s role in an uncontested divorce is typically limited to the preparation of the pleadings, drafting the applicable marital settlement agreement and parenting plan, and scheduling and attending an uncontested final hearing in order to obtain the final judgment of divorce.   Because the attorney’s role is limited the expense a party faces is reduced.

The second type of divorce is referred to as a contested case.   A contested divorce means the parties are unable to agree or settle all of the issues of their divorce and need the assistance of an attorney to help bring about a final resolution.   This final resolution can come in the form of a settlement during the course of the divorce or at a trial.   The expenses involved in a contested case derive from the issues the parties are facing, and the time involved in resolving those issues.

Examples of contested, and sometimes expensive, issues include timesharing plans with minor children, support provisions, including child support and alimony, the division of assets, including homes and marital businesses, and a spouse’s request for an attorney fees contribution.   All of the above case issues can require extensive work not only by an attorney but also an expert who assists the client and attorney in advancing their particular position.   With the complexity of each case issue and with each additional contested issue, the cost of the divorce grows.

It is important for each client to discuss and address all possible case issues with their Florida divorce attorney during the initial consult.   At that time, the client can be fully aware of what issues they may face and thus can have a better understanding of what expenses lie ahead.   One constant will remain: the sooner the parties can settle, the less expensive the divorce will be.

Computer technology has advanced greatly in the past twenty years.  Years ago, if a parent had to move away from their former spouse and child, telephone contact and writing letters was the only way to maintain contact.  With the advent of the internet, cell phones, skype, and so on, the family that is separated by distance is no longer restricted to infrequent visits. 

Florida Divorce law recently caught up with this new technology.  New laws allow a court to order electronic communication between a parent and a child.  The court must first consider if the communication is in the child's best interests and whether or not the technology is available to the parent and child.  The court must also consider whether there is a history of substance abuse or domestic violence.  The presumption is that it is in the child's best interest to communicate electronically with the other parent if no other outlet is available.

While these new means of electronic communication are not as good as seeing your child in person, they are better than the old options.  Contact an expert Florida divorce attorney to discuss these, and other issues.

In cases where one parent is activated to military service, and timesharing and child support are at issue, the activated parent may worry about parental rights.  What will happen to the children during my time away?  Does the activation alter my rights to my children permanently?

The Florida divorce courts will not permanently alter timesharing or child support while one parent is deplo yed on active duty in the military.  The courts are specifically not allowed to modify any issues relating to the parties' minor children, except on a temporary basis.  If the court does temporarily modify timesharing or child support, the court is obligated to reinstate the previous time sharing order when the parent returns from active duty or deployment.

The rules of Florida divorces regarding temporary changes to timesharing or child support, as stated above, do not apply to permanent change of station moves by military personnel.

Bottom line:  If you, or your ex-spouse is facing a move due to military reasons, you should contact an expert Tampa divorce attorney to discuss your issues.

It is often difficult for parents to agree on a timesharing schedule for the children in a Florida divorce.   After all, it is difficult to reach agreement on many things as you dissolve your relationship.   When you consider that nothing is more important to a parent than the welfare of the children, the pressure surrounding the negotiation process becomes even greater.

To be a parenting coordinator, a person must either be licensed as a Florida mental health professional, psychiatrist or lawyer or be certified as a family law mediator with a master’s degree in a mental health field.   Expert St. Petersburg divorce lawyers often refer clients to parent coordinators for assistance in creating a timesharing plan because of the education and experience in dealing with children that comes with these qualifications.

The parent coordinator will meet with the parents both together and individually to discuss the needs of the children.   In some cases, the parent coordinator will contact teachers or others who have information regarding the children or, in certain circumstances, speak with the children themselves.

The primary goal of the parent coordinator will be to reach an agreement between the parents on all aspects of their future timesharing arrangement.   Not only will the parents decide which days the children will spend at each home, but also agree upon rules for telephone contact, exceptions to the usual schedule, responsibility for transporting the children, systems for selection of doctors, schools, extracurricular activities and all other choices you will make as your children mature.

Parent coordinators are fairly new to the divorce process in Florida, but have proven to be quite valuable in helping to reduce the bickering and reach agreements that divorcing parents can accept.

Bottom line:   Ask your expert Florida divorce lawyer if a parent coordinator could be helpful in your situation.

Coming to an agreement with your spouse on a child custody or timesharing plan is often times one of the most challenging aspects of a Florida divorce.  Both parties in a divorce case almost always have their children's best interests in mind.  However, problems arise when the parents cannot agree on what timesharing would be best for their children.  When this happens, a parent can ask the court to appoint a timesharing evaluator.

Timesharing evaluators are psychologists with extensive experience dealing with families going through stressful situations.  The timesharing evaluator will meet with each parent alone before meeting the children.  Family law judges value timesharing evaluations greatly.  Your judge does not have enough time to conduct as thorough an evaluation as the timesharing evaluator.  The timesharing evaluator will be able to spend the amount of time required to prepare a detailed report to present to the judge.  This report, or timesharing evaluation, will take the facts of your case and apply them to the timesharing statute.  The judge will use the evaluation to help make a decision about your timesharing schedule.

In fact, timesharing evaluators are valued so highly in Florida divorce cases that they are afforded a high level of protection from lawsuits.  Florida law states that if a lawsuit against a timesharing evaluator is not successful, the complaining parent is responsible for all reasonable costs and attorney's fees.

If you cannot come to an agreement on a timesharing plan, ask your expert Tampa divorce attorney about retaining a timesharing evaluator.

In an effort to reduce the contention, litigation, and detriment a contested divorce may have on the parties and their children, Florida statues were amended to replace terms such as “custody” and “visitation” with a less confrontational term of art called “timesharing”.   Timesharing addresses the issues involved in implementing a visitation schedule between the parents and their minor children.   Many factors are taken into consideration when analyzing and developing a timesharing schedule, but above all else the goal of the court system is to ensure that the best interests of the minor children are protected.

Although timesharing schedules can differ on a case to case basis, there are three primary types.   The first of the three types of timesharing schedules include a standard timesharing schedule.   Under this schedule one parent receives the majority of weekly timesharing and the other parent is afforded timesharing opportunities once during the week and every other weekend.   A standard timesharing schedule may be best suited when one parent has a demanding and fluctuating work schedule and where the majority timesharing parent has a flexible and accommodating schedule.

The second type of timesharing schedule is known as a substantial timesharing schedule.   Under this scenario the non-majority timesharing parent receives at least forty percent of the overnight timesharing opportunities.   A substantial timesharing schedule is designed by either the parents and or the court with the focus remaining on the best interest of the children.          

The third type of timesharing schedule is commonly referred to as a rotating or shared timesharing schedule.   When practicing a shared/rotating timesharing schedule each parent receives the same amount of timesharing opportunities with the children.   Important factors to consider when analyzing whether a shared timesharing schedule is in the best interest of the children include school issues, the proximity of the parents homes to each other, the age of the children, and the ability of each parent to accommodate the demands of a shared timesharing schedule.

There are several other important factors which should be analyzed when attempting to resolve a child custody case and when implementing a timesharing schedule.   Thus, it is important to ensure that your review and discuss all aspects of your particular case with a Florida divorce attorney.   By working with your divorce attorney, and just importantly by working with your spouse, a parenting plan can be designed which can alleviate the fears of a child custody case.

Often times a challenging issue for parents to understand is how the court will assess the decision making or parental responsibility roles of the parties in regard to their children.  Florida Statute 61.13 provides that “the court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.”  Thus, in most circumstances the parents will share the decision making responsibilities for the children. 

When moving through the divorce process and creating a parenting plan, the parties, along with their family law attorney, work to reach an amicable settlement on the terms of parental responsibility.  Areas of responsibility may include education, health care, and any other responsibilities that are unique to a particular family.  Florida law provides a presumption that the parental responsibility for minor children should be shared by both parents.  As such, this area of the divorce has high probability of the parties reaching an amicable settlement.

In the event the parents cannot reach a settlement on the terms of parental responsibility than the court will make the final decision.  Pursuant to Florida Statute 61.13, the court, at a final hearing, may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those responsibilities between the parties based on the best interests of the child.  Further, if it is in the best interests of the minor child, the court has the discretion to order sole parental responsibility for a minor child to one parent.

By understanding the analysis of the parental responsibility aspect early in a Florida divorce, a party can begin to create one aspect of a parenting plan and hopefully avoid any undue stress and expense of unnecessary litigation.

There was a time in history when the mother of a young child had an absolute right to be the full-time, custodial parent of the child.  The father would see the child now and then and would pay child support.  The mother made all the decisions regarding the child.

Then times changed and the mother no longer was considered to be the presumed custodial parent.  The Florida legislature created the umbrella of “Shared Parental Responsibility” which covers all child custody matters.  Under that umbrella, there is no presumption in favor of moms and the parents jointly make the major decisions regarding the child (Who will the pediatrician be?  Where will the child go to school?, etc.).  Also under that umbrella, one parent would be named the “Primary Residential Parent” and the other would be the “Secondary Residential Parent”.  On rare occasions, there would be an order by the court naming them “Joint Primary Residential Parents”, but it was very rare.

Times changed again very recently.  Now we still have “Shared Parental Responsibility”.  There, however, are no longer designations of “Primary Residential Parent” and “Secondary Residential Parent”.  Today, we merely have a “Parenting Plan” in each Florida child custody case which has either been worked out by the parents or ordered by the judge.  No one gets to leave the courthouse and brag to friends about being named the “Primary Residential Parent” while the other parent leaves with a title that says that parent is second best.  The idea was that the parents will work together better for the benefit of the child if the divisive titles were removed.

Bottom line:  Talk to your expert Tampa divorce lawyer about the standards for determining what should be in a Florida divorce parenting plan.

In many Florida divorces, part of the property division that occurs involves college funds which have been set aside for the benefit of the children.

Unless these funds are owned by one spouse alone as a result of money from before the marriage or as a result of a gift from someone other than the other parent, the funds will be divided along with all of the other assets and debts of the parties.

If the plan procedures allow both parents to exercise joint control, the solution is fairly simple.  You merely request that the plan confirm in writing that neither spouse can withdraw or otherwise move the money without the written consent of the other.

Sometimes that is difficult to do.  Many plans, including the state operated Florida Prepaid College Plan, require that the accounts be opened in one name only.  When that is the situation, your expert Tampa divorce lawyer will merely place a paragraph in the Marital Settlement Agreement or ask the judge to place a paragraph in the Final Judgment of Dissolution of Marriage which states that neither spouse can make any decisions regarding that money without the written consent of the other spouse.

Bottom line:  Don’t assume that the children’s college funds will be handled the way that you want them to be.  Have your Florida divorce lawyer obtain clear rules for withdrawing the funds.

If you have begun your Florida divorce or are even just thinking about divorce, you may have heard that it is a bad idea to leave the home.  Often clients appear in the offices of expert Florida divorce lawyers and tell them that their friends have advised them not to leave their homes.  The friends have told them that they give up their rights to the home if they leave before the divorce is final.

That is absolutely not true.  When it comes to rights to the home, it doesn’t matter who is staying there at the time of the divorce.  The value of the house is just a number on the property division chart.  It is no different than the value of a bank account.  The value doesn’t change just because you have moved out and it doesn’t go into your spouse’s column in property division just because your spouse is living there and you are not.

There is one big caution, though.  If you have children in the home, the rules are entirely different.  You will have a difficult time telling the judge at trial that the children should be in your care most of the time after you have spent six months away from them while they stayed in the home with your spouse.  So keep in mind that the freedom to leave the home applies only to the property rights aspect of your divorce and not to the child custody part.

Bottom line: Unless there are child custody issues involved, you are not penalized by leaving the marital home in your Florida divorce.

Suppose your spouse is a citizen of a foreign country and your marriage is not going well.  Your child has a US passport and you fear that your spouse will sneak out of the country with the child.  Your Florida child custody lawyer can advise you how to protect yourself from potentially never seeing your child again.

The first step would be to express your concern in a document filed with the court without notice to your spouse asking for an order temporarily giving you sole custody of the child.  The court can sign the order and then set a hearing where your spouse can express the opposing position.

After the court makes the order effective through the remainder of the case, your expert Tampa divorce lawyer can then follow procedures of the U.S. Department of State to make sure that your spouse cannot obtain a new passport for the child, even by saying that the original was merely lost.

Bottom line:  There are steps you can take to avoid the unspeakable horror of never seeing your child again.

© Copyright 2009 by Stann Givens

There is nothing more important than the welfare of your children.  When you are headed for a breakup of your relationship with the children’s other parent, whether it be a divorce or a paternity situation, there are some steps you can take to protect your children.  Among these steps is the involvement of a mental health professional.

The first involvement could be as a couples therapist to see if you can save the relationship.  If that does not work, or if you are just not interested in that, you could involve a mental health expert in counseling your children to help them understand that they are not at fault in the breakup and that they are going to be ok.

If the parenting arrangement for the children becomes a contested matter, your expert Tampa divorce lawyer can successfully use a mental health professional as a witness in the trial.  No matter how many friends and relatives you present to the judge to tell what a good parent you are, the impact on the judge’s decision will not be as effective as presenting a mental health expert to tie the testimony together.

The mental health expert can speak with your witnesses or hear from you a summary of what they are going to say.  The expert can also speak with your children and anyone who has counseled the children.  Depending on the age of the children, there can be psychological testing of the children that can be evaluated by the expert.  In certain circumstances, there can be psychological testing of the parents that can be similarly evaluated.  The expert can tie all of this together and, with authority, paint the picture for the judge as to why your parenting plan should be adopted for the children.

Even in cases where there is more collaboration between the separating parents, a mental health expert can be used as a parenting coordinator to assist the couple in working out a schedule that is best for the children.

Bottom line:  Talk to your Florida divorce lawyer about how a mental health expert can be used to help you accomplish what is in the best interest of your children.

© Copyright 2009 by Stann Givens

© Copyright 2009 by Stann Givens

© Copyright 2009 by Stann Givens