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Time Sharing

Home > Time Sharing

Legal Vs. Ethical Obligations For Your Children

No Duty To Pay For College, Car Etc. What does “duty” mean when it comes to paying for your children’s needs? First, let’s look at the legal definition for “duty”, the one found online at Black’s Law Dictionary: “In its use in Jurisprudence this word is the correlative of right. Thus, whenever there exists a right in any person, there also rests a corresponding duty upon some other person or upon all persons generally. But it is also used, in a wider sense, to designate that class of moral obligations which lie outside the jural sphere; such, namely, as rest upon...

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Using Social Media Evidence at Trial

In the last 10 years the use of social media by persons worldwide has exploded to the point where “There’s a whole generation of people for whom tweeting is as natural as breathing, for whom the word ‘friend’ has become a verb, and for whom Web 2.0 is the only media platform they know” (writes authors Marisa A. Tradatti and Anna C. Horevay). Facebook now has over 1 billion users, which equates to over one seventh of the world’s population. Additionally, emails, blog posts and comments, texts, flicks, instant messenger, Craigslist, Tumbler, Snapchat, Pinterest, Twitter, You Tube, Instagram, and...

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What Exactly Is The Best Interest of The Child Standard Defined and Meaning

For much of history, and indeed until the last forty or so years, the fate of a minor child, 18 being the age of emancipation, was totally in the hands of the parents or legal guardian. Minor children were “seen but not heard” and even in a courtroom setting decisions were made for them as to what was most convenient and in the best interests of the caregiving adults. Not so anymore. In fact, in many states, Florida being one of these, the standard for legal decisions involving minor children is “The Best Interest of the Child”. How is this...

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Enforcing a Marital Settlement Agreement

A Marital Settlement Agreement, as defined by Nolos Plain English Law Dictionary is “The document that sets out the terms of a divorce settlement between two spouses. The marital settlement agreement (MSA) is usually incorporated into the final judgment so that it has the force of a court order.” Areas covered in a MSA include division of marital property both real and personal, marital debt, alimony (spousal support), parental timesharing, and child support. And, depending on an individual case, other concerns such as relocation parameters, attorney fees, and/or a monetary settlement other than alimony may be a part of the...

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All About Relocation With a Minor Child – Part 3

What you need to know about temporary relocation. This final blog in the series relating to relocation with a minor child in the state of Florida will explain important information regarding the reasons for and how to obtain the courts permission for temporary relocation. As explained in the first two blogs it is considered breaking the law if a parent or person having timesharing with or access to a minor child chooses to permanently relocate for more than 60 consecutive days and a distance of greater than 50 miles without first obtaining permission to relocate from the court in the form...

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All About Relocation With a Minor Child – Uncontested (Part 1)

What steps to take when all parties agree uncontested, court ratified relocation  In Florida, where and with whom a child lives following a divorce or dissolution of marriage as it is now termed, is determined by a parenting timesharing plan which is drawn up by the parties involved, worked out at a mediation (required before a judge will hear a case), or determined by a judge in court. Unless very strict guidelines require sole parental responsibility, Joint responsibility, better known as shared parental responsibility for the child, require both physically and in decision making is how, since 2009, Florida has determined what is “best for the child”. One...

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Custom Parenting Plan

Why is a custom parenting plan, developed for a specific case, so important for the parents and child? In years past, actually prior to 2008, the Parent Timesharing guidelines were mandated in Florida Statutes to replace the terms “child custody” and “visitation”. Before the change, the where and with whom minor children were to reside and how much time each parent was to share with their child/ children was set up with one parent the primary parent. Even though the court did not intend for one parent to be superior to the other, it often turned out that the parent having...

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Modifying a Final Judgment as Related to Time-Sharing

Before looking at the actual modification process it is important to understand the terms Final Judgment and Time-Sharing. Final Judgment refers to the finished document signed by the judge overseeing the couples divorce or as it is now called, dissolution of marriage. It can also be the final document for separating, non-married parents seeking to have a court order defining the time-sharing of children resulting from their union. It will spell out exactly how much time each parent should have with their child/children and when this time should occur. Time-Sharing, formally called child custody, determines how much time and when each parent...

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