General information on dissolution of marriage

Pew Report Observes Non-Resident Fathers

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.

Concurrent Custody vs. Temporary Custody

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.”

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Updated Parenting Education and Stabilization Course Provider List

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.

Temporary Custody by an Extended Family Member

If you have a nephew, niece, or grandchild living with you, you may have run into a roadblock when attempting to acquire his or her birth records or passport.  Further, you may have gotten the run around when attempting to make decisions concerning the child’s education or healthcare.  Fortunately, this state has a solution in chapter 751 of the Florida Statutes.

Chapter 751 permits an extended family member to take temporary custody of a minor child, access state and other records, and make major decisions concerning a child’s upbringing.  But, keep in mind, temporary custody must be granted by a Florida court (and cannot simply be signed away by a parent), and there are strict procedural requirements that must be met.

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Video: Confidential Information In Your Court File

The Florida Association of Court Clerks provides the following video regarding confidential information in court files:

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Parenting Coordination: By the Numbers

Section 61.125, Florida Statutes, establishes an alternative form of dispute resolution, known as parenting coordination, for parents attempting to establish or implement a parenting plan.  This process involves a facilitator (referred to as a parenting coordinator) who is usually appointed by a judge to (i) teach techniques in co-parenting and (ii) make recommendations so that the parents are able to better work together in furthering the best interests of their children.  I find that parenting coordination is most often useful in high-conflict child custody situations.

In the most recent edition of Commentator magazine, psychologist Debra K. Carter reveals the results of a study conducted by the Florida Chapter of the Association of Family & Conciliation Court as well as the University of South Florida regarding parenting coordination:

[E]ighty-two percent of Survey respondents use a formal parenting coordination contract with their clients.  Sixty percent charge their clients by the hour with standard fees ranging from $90.00 to $220.00 per hour.  Seventy-eight percent reported that fees were always split 50/50 between the parties.

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What Is Your Former Spouse Thinking?

Over at the Huffington Post, Allison Pescosolido, M.A., and Andra Bosh, Ph.D., discuss why you may be a mistaken when you attempt to read into your former spouse’s actions.  Here is an example:

Fiction: Your Ex has a new partner already, so he has “moved on” and forgotten about you.

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Family Law News: U.S. Congressman in Court over Back Child Support

The Chicago Sun-Times is reporting that U.S. Representative Joe Walsh (R-Ill.) will be in a family court because he has failed to pay ordered child support.  His former wife claims that the congressman is in arrears of $117,000.00, including interest, for the parties’ three children.  The Sun-Times also reports that Representative Walsh admits not paying the ordered child support, but did so based on an agreement with his former wife:

Walsh said he had a “verbal agreement” with his ex-wife allowing him to stop paying child support because his income had fallen, hers had gone up, and the children were living with him as much as with her.

[Ms. Laura Walsh’s attorney] Coladarci said [Rep.] Walsh should have gone to court to modify the judge’s order regarding child support if he felt he couldn’t afford the payments because the court order is an obligation to the couple’s children, not to his ex-wife.

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Video: Kansas Capital Decriminalizes Domestic Violence

In a move that has unleashed outrage throughout the country, the Kansas’ capital city has repealed municipal criminal laws against domestic violence, resulting in suspects in domestic violence cases avoiding prosecution.

In Florida, victims of domestic violence may file for restraining orders, also known as injunctions, in civil court.  Section 741.28, Florida Statutes, broadly defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”    You may file a petition for injunction for protection against domestic violence if you have been the victim of an act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming of victim.

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Tips on Communicating with a Divorcing Friend or Relative

When a friend or relative is going through a divorce, you may be unsure how to handle sensitive situations.  For example, what if you are friends with a divorcing couple, and the wife expects you to pick a side?  How do you handle a situation when your divorcing friend avoids making plans with you because money troubles have greatly reduced his leisure budget?  What do you tell a family friend’s child who asks you questions about her parents’ divorce?  Author Denise Schipani discusses these and other topics in an article at womansday.com, excerpts of which appear below.

On how to respond to a friend that just told you she’s getting a divorce:

The best thing you can say in this situation is simply, “I’m here for you.” In a way, supporting a divorcing friend is not unlike supporting a grieving friend, because divorce—even if she wanted it, even if it’s relatively amicable—evokes similar feelings of loss.

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