Correcting Your Birth Certificate in Florida

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Since the passage of the Federal REAL ID Act of 2005, more and more Florida residents are finding that they cannot renew their Florida Driver’s License because the name printed on their birth certificate or social security card does not match the name they have been using.

It could be because they assumed the use of a name without changing any of their official  documents.  It could be because of a spelling error on the birth certificate or social security card. Or it could be because they have unknowingly been going by a name different from the name printed on their birth certificate.  These problems can usually be corrected by petitioning for a legal change of name.

Here’s an example:  I had a client whom I will refer to as “Jane Smith.”    She was born in New York, and now she lives in Pasco County, Florida.  She’s been known her whole life as Jane Smith, her parents always called her Jane Smith, and so, for good reason, she thought her name was Jane Smith.

One day, Jane helps her mother clean out her attic.  While going through some boxes, Jane finds a New York birth certificate for a “Jamie Smith.”  What is more, Jamie Smith’s date of birth is listed as one day earlier than the day Jane Smith has been celebrating her birthday.

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Collaborative Divorce

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Divorce is a trauma.  It is tough not only for the spouses who are separating, but also for their children, their friends, their relatives, and their community.  If you can avoid divorce, whether by seeking help from a therapist or clergy, you should attempt to do so.  However, sometimes a marriage is truly irretrievably broken.

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For those who are going through divorce, there is an alternative to the “War of the Roses” or “Kramer vs. Kramer” scenario where countless dollars are spent on attorney and expert witness fees, families are torn apart, and bridges are completely burned.  In most cases, the single best alternative in this attorney’s view (and in the view of a growing number of mental health professionals) is collaborative divorce.

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Rights Recognized in Tampa’s Domestic Partnership Registry

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As President Obama today expressed his support for gay marriage, the State of Florida continues to define marriage as “a legal union between one man and one woman,” leaving homosexuals in loving relationships in a state of legal limbo.  Attempting to fill in the gap, many local county and municipal governments are passing “domestic partnership registries” which codify certain rights to heterosexual and homosexual partners.  Tampa, for one, has passed an ordinance creating a domestic partnership registry.

Related:  Five Legal Steps Florida LGBT Parents Should Take

[Related:  In A Florida Child Custody Case, Does It Matter That I Am Gay?]

[Related:  In Which County Should I File My Florida Adoption Case?]

Tampa’s domestic partnership law recognizes the following rights for registered partners (to the extent that these rights are not superseded by other laws or ordinances or by contract):

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Opposing Sides Brace for 2013 Florida Alimony Reform Legislative Battle

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As I recently relayed, the end of the 2012 Florida Legislative Session marked the death of alimony reform for the year.  That is not to say that Florida alimony reform is dead forever.

The Florida Bar News is reporting that Alan Frischer, head of the the Florida Alimony Reform Group, is preparing once again to lobby for elimination of the concept of permanent alimony, among other things, in the 2013 legislative session.  Florida Alimony Reform says that it simply wants parties to be able to move on with their lives following a divorce without the cord of permanent alimony tieing them together.

But Frischer is facing stiff resistance from the Florida Bar’s Family Law Section (full disclosure:  I am a member of the Florida’ Bar’s Family Law Section).  From the Florida Bar News:

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Do Fathers Ordered to Pay Child Support Have Custody Rights?

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I see it all the time.  A mother requests state welfare benefits, and the Florida Department of Revenue inquires as to whether the mother is receiving child support from her child’s father.  The answer is no, and the Department of Revenue then initiates an administrative action to get the father to financially support his child.

Sometimes, the father admits that he is the child’s parent, and other times paternity is established through genetic testing, but the ultimate result is that the father is ordered to pay child support.

So, then, since he is paying support, does the father automatically get custody rights?

Though a mother should encourage a loving and continuing relationship between her child and the child’s father, the father does not automatically get custody rights.

However, the father can establish those rights.

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Hillsborough County Announces New Judicial Assignments

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Chief Judge Manuel Menendez, Jr., of the Thirteenth Judicial Circuit of Florida, recently entered Administrative Order A-2012-24, which outlines new judicial assignments for Hillsborough County.  Below are the assignments for the Family Law Division, effective June 25, 2012:

  • Division A – The Honorable Cheryl K. Thomas;
  • Division B – The Honorable Paul L. Huey;
  • Division C – The Honorable Catherine M. Catlin;
  • Division D – The Honorable Daniel H. Sleet;
  • Division E – The Honorable Nick Nazaretian;
  • Division F – The Honorable Caroline J. Tesche; and
  • Division Y (Title IV-D Child Support Enforcement) – The Honorable Herbert M. Berkowitz.
We welcome Judge Nazaretian and Judge Berkowitz to the Family Law community.

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A Story of Second Parent Adoption

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An article from The Guardian tells the tale of two lesbian partners who went through a second parent adoption:

Related:  Five Legal Steps Florida LGBT Parents Should Take

When Patricia Moreno was pregnant with her first child, she went through the usual existential doubts about how life as a new mother would be. Moreno, a life coach and fitness trainer from New York, had been trying to get pregnant for well over a year. She had been through multiple rounds of IVF and suffered a miscarriage. When she did get pregnant, in December 2009, she and her partner, Kellen Mori, were over the moon, and then they started thinking.

The couple’s marriage was not valid outside the US or in many of the more conservative states; the baby, conceived by IVF using Mori’s eggs and donor sperm, would not be recognised federally as belonging to both of them. (Moreno, giving birth, would be recognised as the biological mother. Mori, who had provided the eggs, would have no automatic universal rights.) “I’m not the mum, but I am the mum,” thought Moreno and wondered idly who the baby would identify with more. As well as a good obstetrician, she and her wife of three years would be needing a lawyer.

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IACP Survey: Collaborative Process From the Clients’ Perspective

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Introduction to IACP Client Survey

The International Academy of Collaborative Professionals (“IACP”) has been conducting a survey which studies clients’ experiences with collaborative divorce and collaborative family law in general.  Collaborative divorce is a process by which parties, instead of going to court to litigate, agree to a private framework that lends itself to developing more creative options for financial, child custody, and other family issues.  Most times, a neutral mental health professional/communication coach and a neutral financial professional are engaged to facilitate the process.

These findings were compiled in the Spring 2012 edition of The Collaborative Review: The Journal of the International Academy of Collaborative Professionals (“What Clients Say About Their Experience in the Collaborative Process” by Linda Wray, J.D.).

About the Surveyed Collaborative Clients

Ninety-eight participants of the collaborative process responded to the survey between 2007 to 2010.  The participants were split pretty evenly between men and women.  The majority of respondents were between the ages of 40-59, were married for 16 years or more, and used the process in dissolving their first marriage.  The majority of respondents had children.  Most respondents had unsuccessfully attempted marital or couples counseling prior to engaging in the collaborative process.

Ninety percent (90%) of those surveyed settled their case via the collaborative process.

Satisfaction with the Collaborative Process and Its Outcome

Clients were asked their level of satisfaction on a variety of issues surrounding the outcome of their cases, including issues relating to their relationship with their children, relationship with their former spouse, co-parenting matters, development of post-divorce communication and parenting skills, and the terms of their settlement.  About three-quarters of clients were extremely or somewhat satisfied to the general outcome of their case, compared to 13% who were extremely or somewhat dissatisfied.

Clients were most satisfied with the outcome of the collaborative process on issues dealing with their children.  Clients felt that the interests and emotional well-being of their children were served well in the process.  Clients were also satisfied with their improved co-parenting skills.

Clients responded that they were somewhat satisfied to extremely satisfied with the following features of their collaborative process:

  • Meetings scheduled to accommodate clients’ schedules (as opposed to hearings accommodating the Court’s schedule);
  • Respectfulness of the collaborative process;
  • How free clients felt to express themselves in their case; and
  • The opportunity to address concerns directly with the other participant (as opposed to communicating solely through attorneys, mediators, or court motions).

Legislative Update: Summary of Changes to Florida’s Adoption Laws

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Logo Of Florida House Of RepresentativesMany bills relating to family law were proposed this past legislative session.  Many, if not most, of the bills died, while some, including House Bill 1163, passed both houses and were signed into law by Governor Scott.  House Bill 1163 (now Chapter 2012-81 of the Laws of Florida) made the following changes to Florida’s adoption laws (as summarized by the Florida Senate Committee on Children, Family, and Elder Affairs):

  • Requires that a petition for termination of parental rights contain facts supporting the allegation that the parents of the child is informed of the availability of private placement of the child with an adoption entity;
  • Removes legislative intent that all placements of minors for adoption be reported to the Department of Children and Family Services (DCF or department);
  • Amends certain definitions in ch. 63, F.S.;
  • Exempts adoption proceedings which were initiated under ch. 39, F.S., from the requirement to search the Florida Putative Father Registry if the search was previously completed;
  • Requires the use of an adoption entity for all adoptions of minor children, unless the adoption is by a relative or stepparent;

Disparaging The Other Parent Hurts Your Child And Your Florida Child Custody Case

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Rosalind Sedacca, a divorce and parenting coach and author, writes about why parents should not bash one another in front of their children:

When you put down their other parent, your children are likely to interpret it as a put-down of part of them. When both parents are guilty of this behavior, it can create a great confusion along with a sense of unworthiness and low self-esteem. “Something’s wrong with me” becomes the child’s unconscious belief.

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