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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A Lesson in Incivility

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As family law litigants should always treat the opposing party with respect, so should attorneys treat opposing counsel.  In fact, under Florida Bar Rule 4-8.4(d), attorneys are prohibited from “disparag[ing]…litigants, jurors, witnesses, court personnel, or other lawyers on any basis.”  However, some attorneys are just not keen on getting along.

Recently, two attorneys were reprimanded by the Florida Bar for hostile and unprofessional behavior.  Below are excerpts from emails they exchanged (as published in the January newsletter of the Hillsborough County Bar Association’s Family Law Section):

“I do not think I deserve the jerk comment.  I was actually on the internet trying to find out what type of retardism you have by checking your symptoms, e.g. closely spaced eyes, dull blank stare, bulbous head, lying and inability to tell fiction from reality, so I could donate money for research for a cure.  However, apparently those symptoms are indicative of numerous types of retardism and so my search was unsuccessful.  Have a great day Corky.  I mean; Mr. Mooney.”

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The Consequences of Financial Infidelity

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An interesting clip from Tantao News on a poll concerning financial dishonesty in marriage:

Simplified Dissolution of Marriage

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Under certain circumstances, spouses may jointly file for divorce and schedule their case for a final hearing within thirty days or less.  Pursuant to Florida Family Law Rule of Procedure 12.105, this is known as a simplified dissolution of marriage.

Eligibility for a Simplified Dissolution of Marriage

To be eligible for a simplified dissolution of marriage in Florida, the following must be true:

  • The parties have no minor or dependent children;
  • The wife is not pregnant;

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Section 61.538, Florida Statutes

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Role of state attorney.—

(1)In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the state attorney may take any lawful action, including resort to a proceeding under ss. 61.524-61.540 or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination, if there is:

(a)An existing child custody determination;

(b)A request to do so from a court in a pending child custody proceeding;

(c)A reasonable belief that a criminal statute has been violated; or

(d)A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.

(2)A state attorney acting under this section acts on behalf of the court and may not represent any party.

History.—s. 5, ch. 2002-65.

Section 61.542, Florida Statutes

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Transitional provision.—

A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before the effective date of this part is governed by the law in effect at the time the motion or other request was made.

History.—s. 5, ch. 2002-65.

Section 61.541, Florida Statutes

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Application and construction.—

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History.—s. 5, ch. 2002-65.