Temporary Time-Sharing Modification Due to Military Service

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If a parent is activated, deployed, or temporarily assigned to military service, courts have the option of entering a temporary order that modifies a custody order.  That temporary order may provide the non-military parent with more time-sharing.  Due to recent changes to section 61.13002, Florida Statutes, the Court also has the option of designating a family member of the child to exercise time-sharing on behalf of the military parent.  Any temporary modification of the time-sharing will be dissolved once the military parent returns from the service, deployment, or temporary assignment.

Additionally, the temporary order may address child support by taking the following actions:

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Name Change: Restoring Civil Rights

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When a party files a petition for change of name, that party must swear under oath that his or her civil rights have never been suspended or, if civil rights have been suspended, they have subsequently been restored.  This requirement is found in Section 68.07, Florida Statutes.

When are civil rights suspended?  In general terms, civil rights are suspended when a person is convicted of a felony.  Those lost rights include the right to vote, hold public office, or serve on a jury.

Florida, like most states, provides for a process of restoration of those rights.  The person must apply to the Office of Executive Clemency.  In determining whether to grant a restoration, the Executive Clemency Board will consider, among other things, the following:

  • The nature of the offense;
  • Whether the applicant has any history of mental instability, drug or alcohol abuse; Read more →

Spanish-Language Video on Children and Divorce

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As I wrote in my previous post, the Virgina State Bar Association’s Family Law Section produced a video entitled “Spare the Child” which discusses how to safeguard the emotional well-being of children during divorce and other family law proceedings.  The section has also produced a Spanish-language version of the video, entitled “Proteger al Niño.”  You may access this video after the jump:

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Helping Children Cope With Divorce

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The Virginia State Bar’s Family Law Section has produced a video which discusses the impact of divorce on children and how parents can go about easing the transition.  The video, entitled “Spare the Child,” utilizes personal stories and everyday language to promote the emotional well-being of children as they go through a family law proceeding.  You may access the video after the jump (click “continue reading”):

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Restraining Orders in Florida

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Florida law provides for four different types of violence-related restraining orders–also known as “injunctions”–for various circumstances:  (i) domestic violence; (ii) sexual violence; (iii) dating violence; and (iv) repeat violence.  The following video from the Pinellas County Clerk of the Court explains the circumstances for which each type of injunction may be appropriate:

Pasco County Offers Complimentary Wedding Ceremony on Valentine’s Day

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Pasco County is helping couples celebrate Valentine’s Day by offering a complimentary group wedding ceremony.  The ceremony, which will be held at the Historic Courthouse, located at 37918 Meridian Avenue in Dade City, begins at 2:00 p.m.

Complimentary Valentine's Day Group Wedding Ceremony in Pasco County

Pasco County offers free wedding ceremony on Valentine's Day

Marriage licenses must be purchased by February 10.  Reservations are required.  For more information or to make reservations, you may contact the Pasco County Clerk of the Court at (727) 847-8086 or (352) 521-4518.

Pinellas County Seventh Annual Adoption Day Video

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Below is a video from ABC Action News which follows one family through Pinellas County’s Seventh Annual Day of Adoption (November 2010):

Local Family Law Judge Appointed Chair of Florida Supreme Court Committee

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Judge Samantha L. Ward of the Thirteenth Judicial Circuit (Hillsborough County) was recently appointed as chair of the Florida Supreme Court’s Committee on Standard Jury Instructions in Criminal Cases.  Prior to joining the family law bench in 2009, Judge Ward served as an assistant state attorney and a public defender.

Diana Mercer: 10 Best Ways to Screw Up Your Divorce

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The Huffington Post offers an intriguing read entitled 10 Best Ways to Screw Up Your Divorce.  This article, authored by a mediator and former family law attorney, explains how to waste money and minimize your opportunity for a successful outcome.  It includes the following tidbits:

  • “Be Disorganized…Either bring none of your financial records to your attorney’s office or court hearing, or bring all your financial records in a paper sack overflowing with miscellaneous papers.”

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Uniform Child Custody Jurisdiction and Enforcement Act Affidavit

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The Uniform Child Custody Jurisdiction and Enforcement Act (known as the “UCCJEA”) is the body of law that provides Florida courts with authority to rule on issues of child custody.  In virtually every family law proceeding that involves child custody–including divorce, paternity, and relocation–each party is required to file an affidavit that contains certain information and demonstrates to the court that it has jurisdiction over the child. This UCCJEA affidavit must include the following information:

  • The current address of the child;
  • Each address at which the child has lived during the past five years;

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