When it comes time for the court to determine and establish a time sharing and parenting plan between the biological parents of a minor child, the court applies the “best interests of the child” test in making its consideration. There are numerous factors that the court will look at in making its determination as to…
Continue reading ›Never a truer statement has been made then “the buck stops here”, when dealing with time sharing issues in a divorce case. What this means is that the judge must have the final word in all issues which affect minor children, and he does not have the legal authorization to delegate that responsibility to any…
Continue reading ›Extreme caution should be exercised when a party in a dissolution of marriage action seeks temporary emergency relief without giving notice to the other party. This is what is commonly known as ex parte relief, which is seeking relief without providing any notice whatsoever to the other side. These types of proceedings are at substantial…
Continue reading ›An adoption subsidy paid by the State of Florida to the parents of special needs children may not be considered as a credit against the spouse’s child support obligation. The Legislature has made adoption assistance, including financial aid, available to prospective adoptive parents who adopt a child with special needs through the state’s foster care…
Continue reading ›It is understandable that some spouses who are divorcing are not necessarily in the mindset to cooperate with one another. After all, fighting and disagreements have likely played a role in the decision to end their marriage. However, refusal to come to an agreement regarding one or more issues in a divorce can cause serious…
Continue reading ›Traditionally, couples who were facing divorce with children regularly heard terms such as “sole custody” or “visitation.” While these ideas often still apply in many situations, Florida law has been updated in recent years to change the way custody arrangements work. Original Terms Prior to 2008, one parent was often known as the “custodial parent” and the…
Continue reading ›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…
Continue reading ›Under Florida law, minor children are not permitted to move more than 50 miles away from their current residence, unless written consent is provided by a parent, or by court order. An interesting situation arises when a minor child wishes to attend a private school in a out-of-state location. The obvious question becomes whether or…
Continue reading ›Moving from the state of Florida with minor children without permission can have serious consequences. The rules for relocation from the state of Florida are found in Florida Statutes 61.13001. If the “stay behind” parent consents to relocation, make sure that consent is given in writing. If consent is not given, relocation must be initiated…
Continue reading ›Time haring with minor children in Florida is keeping up with technology. As a matter of fact, there is a specific statute in Florida that deals precisely with this issue. Florida Statute 61.13003 is titled as “Court ordered electronic communication between a parent and a child. This type of communication can be ordered by the…
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