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Post-judgment modification means revisiting a case to hopefully change some of the final rulings. In Florida, two of the final rulings that can be modified post-judgment are child support and parental timesharing. It is important to understand that no final ruling can be changed by the parties involved, even if both parties agree amicably to ...
What you need to know about same sex marriages and domestic partnership in Florida When explaining the difference between domestic partnership and marriage, it is necessary to look at the definition of each type of relationship. According to Wikipedia, the online dictionary: “A domestic partnership is an interpersonal relationship bet...
Is it going to actually pass as a law? The presumption of 50/50 timesharing is a hot topic concern in the halls of justice in Florida. For several years the family law community has been debating whether to take the 50/50 timesharing issue from letting a judge determine its usage for the care and nurturing of minor children to making this ...
How to manage when your school-age children are not in school Trying to figure out how to manage timesharing with your school-age children when they are not in school, especially during the several weeks of summer vacation, is a challenge. Typically, when parents of minor children (children from birth to l8 years and beyond if a child is u...
For many years when there was a permanent separation or a divorce, if there were minor children, either biological or adopted, the court would appoint or order one parent to have primary custody while the other parent had visitation rights. Minor children were all children ages birth to age l8, and beyond if there were medical or mental reaso...
Peace on earth and a Happy New Year is wished to many from family and friends. However, for those who have minor children (children born or adopted to the couple from birth to age 18 and beyond if a child cannot support themselves for physical or mental reasons) and have gone through a divorce, there is often not such a peaceful outlook for t...
If you have gone through a divorce or separation involving minor children, you and the court will have established a parenting plan and a timesharing arrangement. The information included will be a part of your divorce decree ordered by a judge, and it must be followed, even during the holiday season. As the holiday season fast approaches, it...
Before looking at the role of a forensic psychologist in child custody cases, it makes sense to look at the definition of a forensic psychologist and what their role is. As defined by the American Psychology Association, it is “the application of clinical specialties to the legal arena.” In other words, according to author Jane Tyler Ward...
Mediation is the agreeing of two parties to solving a legal issue such as a divorce or child support modification by the process of compromise. Each party is usually represented by their attorney, who helps the party look at all offers and consider if a compromise can be reached, and the issue solved. Reaching an agreement in mediation is les...
The answer to this question is really more when you should tell your children you are getting divorced. Eventually, even a very young child will find out Mommy and Daddy do not live together anymore. What is important is to think about a number of considerations before sharing the sad news with your children. Here are some tips to help you th...
Dissolution refers to the now used term dissolution of marriage that replaces the term divorce. Dissolution comes from the word dissolve, which in effect is what happens to a couple’s relationship. When minor children are involved by virtue of the fact they were born to or adopted by the couple, there are dynamics involved requiring co-pare...
In Florida, when it is determined that biological or legally adoptive parents are fit physically, mentally, and have not been convicted of child abuse or domestic violence, or are incarcerated, the care and nurturing of minor children (children birth through eighteen or longer if a child cannot support themselves) will be granted by a timesha...
Going to court is often a scary thought, especially when you really have to go to court. Depending on your personal ability to handle stress can make a difference. There are, however, several tips for even the self-assured person to consider as he or she prepares for their day in court. Probably the most important tip is to make sure you...
Dissolution of marriage, i.e., divorce, is usually the vehicle that a spouse uses to receive child support and or alimony. However, there are instances when financial support is needed and rightfully deserved, but the needful party does not want a divorce. In such an instance, each state has its statutes defining how family law will be carrie...
As with many situations in life, circumstances change as time goes on. This is true of court-ordered spousal support (alimony), child support, and time-sharing. When either party finds him or herself in a position where they think there is a need for modification, Florida Family Courts have very definite standards in place. Obtaining a modifi...
Social media, the blessing, and curse of the modern world. YouTube, Facebook, Tumbler, Twitter, Snapchat, Instant Messenger, Linkedin, Instagram, and Pinterest are examples of social media options. It is amazing to be able to talk with and see people around the world. You can take videos of activities, people, and just about anything the mind...
A retainer, in the legal sense, is an up-front fee paid by a potential client to ‘’retain” or hold the time and expenses an attorney may need to litigate a case properly. The definition of payment by retainer provided by the Legal Information Institute is “A fee that the client pays up-front to an attorney before the attorney has begu...
Due to the COVID pandemic, working from home and virtual learning has now been in effect for many months and, in some areas, is still an everyday occurrence. In fact, some soothsayers are predicting that this change in the way we live is becoming the new norm. In many instances, schools and businesses are finding it financially beneficial to ...
Parental timesharing for minor children has, in most states, including Florida, replaced the practice of custody for minor children where there is a primary or residential parent and a secondary or nonresidential parent. Over the years of experience and research, it has been proven that children develop to their best potential when they are c...
COVID continues to dominate the way our children are educated. In many states, Florida included, many schools are closed and those that can open do so on irregular schedules, sometimes children going half days or every other day. In addition to schools being closed or off a regular schedule, most school districts offer parents a choice whethe...
It’s hard to believe that another year, particularly such a difficult one, is fast approaching what is called the “holiday season.” These special times of celebration include Labor Day, Halloween, Thanksgiving, and Christmas. All these events are traditionally family-oriented, and children play a large part in the celebrations. All ages...
Over the past few years, in most states, parental timesharing has taken the place of ordering primary and secondary custody for minor children. Minor children are children from birth to l8 years, and any child past that age who is mentally or physically unable to provide for themselves. Having both parents involved in the care and nurturing o...
All parenting plans in the state of Florida must be approved by the court. This fact is important as not only must the parenting plan be approved by the judge when shared parenting, parental timesharing case is heard in court but also when a parenting plan is part of a marital agreement signed following a mediation. Parenting plans created du...
In Florida the term “child custody” is not used except in special cases such as when a parent is in jail, a parent cannot care for a minor child due to severe mental or physical illness, a parent has been adjudicated guilty of child abuse, sexual abuse, or domestic violence, or a parent has an active history of drug or alcohol abuse. If o...
Time marches on, and so do people. No matter how much a person would like to look into the future and find out what will happen, this just isn’t possible. When a parenting plan is drawn up both parties do so with the limited knowledge of what will happen in the future and how each thinks the requirements of shared parenting, including times...
Holidays are, for most families, some of the best times of the year. This is especially true for young children unless their family is extremely poor, so they feel left out when compared to other children. Children and grownups alike look forward to spending time together, and as in the case of birthdays and December holidays look forward to ...
For many years the idea that one parent, usually the mother, should be the primary caregiver for minor children following a divorce or separation was the norm. The primary caregiver was typically referred to as having “custody” while the other parent was referred to as noncustodial, having secondary custody. Often the noncustodial parent ...
Parents love their children equally, and there is no presumption in favor of the mother or father. These words are the premise on which Florida Family courts build their statutes regarding the care and nurturing of minor children following a dissolution of marriage (divorce) or separation of parents not married. What this statement means is t...
No, a divorce does not have to be filed in the same state as where the marriage took place. In fact, you would file for a divorce in the state in which you are a resident. But be careful, states have different requirements for establishing and claiming residency for a divorce, and sometimes counties within a state have their own resident requ...
There was a time, and in a few states, it is still true, if a couple wanted to get a divorce there must be a proven reason such as infidelity, abuse, abandonment, or mental cruelty. In Florida, for example, this is no longer the way divorce works. Now, if only one person in the couple wants a divorce, or dissolution of marriage as it is now t...
