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Considerations for Parenting Plan Modifications

When parents with minor children divorce or separate, Florida law requires they draft a parenting plan that establishes, among other things, a time-sharing schedule and parental responsibility. The parenting plan also sets out a schedule as to when each parent has parenting time, means of communication with the children, financial responsibilities relative to the children, etc.. A court-approved parenting plan is a court order and if violated can result in a party having to pay court costs and attorney fees as well as possibly relinquishing legal or primary custody and other sanctions. However,...

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Fighting for Sole Custody of a Child

Under Florida law, “child custody” is an obsolete term. Custody is now referenced as parenting time with equal time favored by the courts, but with one parent enjoying the majority of parenting time in most instances. Still, it is the policy of the courts for both parents to have continuing and frequent contact with their children unless there are exceptional circumstances. But there are situations when a parent may want sole parenting time to the exclusion of the other parent, but who may be granted visitation rights with or without limits or supervision. To obtain sole physical and legal custody...

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Establishing or Challenging Paternity

Paternity is about establishing the identity of a child’s father for purposes of having the father contribute to the support of the child and/or establish parental rights. In the majority of cases, the father’s identity is not at issue especially if the parents are married to one another. If married, the law presumes the husband is the child’s father, and he has a legal obligation toward the child born of the wife. But most paternity suits involve non-married persons and are brought by the mother against a person she alleges is her child’s father. In these circumstances, paternity is established...

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Considerations to Make When Creating a Visitation Schedule

The courts typically favor joint or equal parenting time with the children where the children’s time is split fairly evenly with each parent. This is not always possible if a parent lives a far distance from the other parent’s residence or the child’s school, a party’s work schedule cannot accommodate equal parenting time, or there are other issues affecting this type of arrangement. In extreme circumstances, some parenting plans may give one parent sole parenting time. Typically though, parenting time is divided on a percentage basis. In any case, the parents (or the courts if the parents are...

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Temporary Custody of Minor Children by an Extended Family Member

There are times when an extended family member will want temporary custody or concurrent custody of a child who is not their own. To do so, the family member will need to file a petition with the court. The filing fee for this is about $400. Temporary Custody Temporary custody refers to the parents of the child permitting an extended family member to temporarily become the child’s “parent.” This will allow that individual to live with a child who is not his or her own and includes making decisions regarding the child’s medical, educational and recreational needs and wants. It also allows the...

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How Does Divorce Affect Your Tax Filing Status?

Your marital status on the final day of the year determines how you may file. Married couples generally file jointly but if you are divorced as of December 31, you can file either as single or as head of household, so long as you qualify. Being separated or subject to a child support order does not affect your status although you can claim head of household if you are not divorced. Separated or Married Generally, you can be considered “unmarried” if you are legally separated as of December 31. Because Florida has no legal separation status, you are considered married even though you can have...

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Domestic Violence Injunctions in Florida

Domestic violence is an ongoing problem in many communities. Many women seek refuge in shelters and/or apply to the court for a protective order or injunction against the abuser, who is the respondent in a petition for an injunction. Not all victims of domestic violence are women and the perpetrators can be male or female. Further, domestic violence does not always occur in the context of a marital relationship. An injunction is a court order that prohibits a spouse, family member, household member, or even an unknown stalker from engaging in offensive conduct or from any contact at all against...

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Equitable Distribution and the Marital Home in a Florida Divorce

When a married couple divorces the most contentious issue other than parenting time for the children is usually the division of property, which is required in a dissolution. Property is either personal or real. Personal property, including intangible property, includes motor vehicles, furniture and appliances, jewelry, gun and stamp collections, life insurance policies, retirement accounts, stocks and bonds, bank accounts and other assets. Real property is of course real estate and includes the marital home. In any divorce, property is categorized as marital or non-marital. Generally, non-marital...

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Does a Child’s Preference Affect Custody?

The basic standard in all custody determinations is “what is in the best interests of the child.” It is a broad phrase that takes into account a number of factors the court will examine in ordering time-sharing and visitation rights. The term “custody” is out of favor with Florida legislators and courts, which prefer to use the phrase “time-sharing” or “parenting time”.   One of the factors in determining time-sharing is the preference of the child in spending the principal amount of time with one parent over the other. Florida is a state where the child’s preference is considered,...

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Types of Alimony and Considerations in Calculating Payments

A dissolution can mean a drastic change in the parties’ social situation and financial status. Family friends may take sides, and routines regarding vacations and holidays will change as will the time spent with children. If the household depended on two incomes, that can prompt the sale of the marital home in some cases and a move to a smaller home or rental unit. For a party who has fewer financial resources than the other spouse or who may not be working, the breakup can be frightening. To alleviate and remedy an unfair financial situation, alimony in a divorce case may be awarded. Many of...

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