Factors in Relocating with a Child

/1 Comment/in //Tags: , , , , , , , , , , by

If you are or have been involved in a child custody case and you wish to move with your child, you must make sure to follow the procedures of section 61.13001, Florida Statutes (the “Relocation Statute”).

Often times, parents are able to come to an agreement on relocation.  The Relocation Statute has specific requirements for the agreement, and the agreement must be filed with the court and ratified by a judge.

But what if you and the other parent cannot come to an agreement?  What specific factors does a judge look at to determine if relocation is in a child’s best interests?

Read more →

Video: Divorce Sale

/0 Comments/in //Tags: , by

After a spouse gets a divorce, he or she may find it therapeutic on the mind and wallet to purge many of the items equitably distributed to him or her:

Keep in mind that (unless you are in agreement with the other spouse or have an order from the court) you should wait until the divorce is final prior to selling your items.  Otherwise, you may be accused of wasting or attempting to hide assets that would otherwise be eligible for the judge to split up during the equitable distribution phase of your case.

If you have questions regarding the division of assets and liabilities and you are seeking to hire a Tampa Bay divorce lawyer, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our online form.

Potential Disadvantages of Collaborative Law

/1 Comment/in //Tags: , , , , , , by

Though I have advocated the use of the collaborative process in family law cases (for example, here, here, and here), it is only fair to note that there may be disadvantages to a collaborative law case.  Jon Crouch over at The Family Law New Blog explores some of those potential disadvantages:

1. In litigation, you can use the timing and immense stress and fear of impending trials to get people to sign settlements they never would agree to if they actually had time to consider them.

Read more →

Pew Report Observes Non-Resident Fathers

/0 Comments/in //Tags: , , , , , , , , , , , , , by

A recent report conducted by the Pew Research Center’s Social and Demographics Trends project makes some interesting findings:

  • “Absent” or “non-resident” fathers are defined as those that do no live with their children;
  • The number of children not living with their father has doubled from 1960 to 2010;
  • Four in ten non-resident fathers communicate with their children several times a week, while one in five spend time with their children more than once a week;
  • One in three non-resident fathers report that they talk or exchange e-mail with their children less than once a month; and
  • Twenty-seven percent of absent fathers say they have not seen the children at all in the past year.

In Florida, generally speaking, each parent has a right to spend time with his or her children, and each parent has a responsibility to contribute financially to the child’s support.  If there is a court order pertaining to child custody, these rights and responsibilities can usually be enforced by contempt.

If you have questions regarding paternity or child custody and you wish to speak with a Florida family law lawyer, contact The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our online form.

Relocation With A Child Outside of Florida

/4 Comments/in //Tags: , , , , , , , , , , by

If your child has ever been subject to a custody proceeding (such as divorce, paternity, or temporary custody), then you are likely restricted in where you can move with the child under section 61.13001, Florida Statutes.  This law, known as the “Relocation Statute,” prevents a parent from moving a child more than 50 miles except under certain circumstances.

The first circumstance allowing relocation is if both parents agree.  However, strict requirements must be followed.  The agreement must:

Read more →

Press Release: The Family Law Inn of Court of Tampa Receives National Recognition at the Supreme Court of the United States

/0 Comments/in //Tags: , , , , , by

Press Release from the Administrative Office of the Thirteenth Judicial Circuit of Hillsborough County, Florida.

Released November 7, 2011.

Front Row, Seated L - R: Associate Supreme Court Justice, Sonia Sotomayor, and Judge Caroline Tesche; Standing L- R: Julia Best Chase, Judge Paul Glenn, Russell Blaine, Susan Whitaker, Judge Bernard Silver

Supreme Court Justice Sonia Sotomayor recognized the Family Law Inn of Court of Tampa on November 5, 2011, at an annual event that celebrated the accomplishments of several giants in the legal professions whose achievements epitomize the ideals of the American Inns of Court.  This was no small feat as the Inn launched a campaign to become a Platinum Inn within a single year.

Judge Caroline Tesche, President of the Family Law Inn of Court of Tampa, 2010, perceives this achievement as one that is of great benefit to the parties who appear before her on the bench, asserting that “family law is a contentious area of the law so anytime you have lawyers and judge participating in Inns of Court, it’s of great benefit because it raises the level of the practice of law;” adding, “we apply what we learn.”  Monthly programs generally focus on practical legal skills with an emphasis on ethics, civility and professionalism in the practice of law.  They may include demonstrations, presentations of principles, techniques, as well as relationships involved in the practice of law.  According to the judge, she can often see a difference in lawyers who have participated in Inns of Court because they are not just focused on results for their client but the family, which is contrary to what an attorney would be focused on in a civil proceeding.

Read more →

Concurrent Custody vs. Temporary Custody

/0 Comments/in //Tags: , , , , , , , , by

I recently wrote a post explaining temporary custody by an extended family member, a type of action which allows parents to temporarily transfer their custody rights to a relative.  Once a judge grants a petition for temporary custody, the relative temporarily assumes the parents’ right to make decisions concerning the child’s healthcare and education, and also assumes the right to obtain documents such as birth certificates and passports.

However, sometimes parents want to give a relative custody rights while also retaining the rights for themselves.  Chapter 751 of the Florida Statutes allows for this arrangement in what is termed “concurrent custody.”

Read more →

New Location for Hillsborough County Clerk of the Court in Plant City

/0 Comments/in //Tags: , , , , by

The Hillsborough County Clerk of the Court in Plant City – formerly located at 302 North Michigan Avenue, Plant City, Florida 33563 – will open up its doors at a new location on November 14, 2011.  The address of the new office is as follows:

301 North Michigan Avenue
Room 1071
Plant City, Florida 33563
 

You can view the announcement flier here.

Updated Parenting Education and Stabilization Course Provider List

/2 Comments/in //Tags: , , , , , , by

Pursuant to section 61.21, Florida Statutes, all parties in a divorce or paternity matter in which custody is an issue are required to attend a 4-hour Parenting Education and Stabilization Course.  Periodically, the Department of Children and Family Services publish an updated list of approved parenting course providers.

You can find the latest list of approved parenting course providers (updated November 4, 2011) here.

If you have questions regarding child custody and you wish to schedule a consultation with a Tampa Bay custody lawyer, contact The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our online form.

Hillsborough County Intends to Implement e-Filing by March 2012

/1 Comment/in //Tags: , , , , , , , , , by

Members of the Florida Bar have long been making the case for e-filing, or the ability to file documents through the internet rather than filing a physical copy with the clerk of the court.  E-filing holds the promise of reducing the time and costs associated with interacting with the clerk.  The Florida Supreme Court authorized e-filing through the Florida Court’s e-filing portal, which became active for some counties on January 1, 2011.

Read more →