HIV AIDS & Florida Child Custody
May a Florida Family Law Court deny a parent custody rights solely because he or she has HIV or AIDS?
According to section 61.13(6), Florida Statutes, the answer is no, but the court may take some actions.
The Military, Florida Divorce, and Residency Requirements
/0 Comments/in Case Law Update, Florida Statutes //Tags: alimony, child custody, child support, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, Collaborative Law, collaborative practice, divorce, equitable distribution, Florida, florida divorce, Florida family, Florida Statutes, military divorce, property division, residency requirementby Adam B. Cordover, Attorney-at-LawFlorida Statutes Section 61.021 imposes a residency requirement for divorce cases: One of the parties must have lived in Florida for at least 6 months prior to the filing of the petition for dissolution of marriage. This generally means that a spouse will have to be physically present in Florida fort six months and have the intent to remain a permanent resident of Florida.
However, Florida does provide exceptions for members of the military.
How Long does a Florida Legal Name Change Take?
/0 Comments/in Florida Statutes, Legal Name Change //Tags: change of name, Florida name change, maiden name, name change, Tampa Bay Name Change Attorney, transgender name changeby Adam B. Cordover, Attorney-at-LawOne of the first questions I am always asked by potential clients who are seeking to change their legal name in Tampa Bay or elsewhere in Florida is how long it will take.
First, it depends on whether you retain an attorney who is experienced in name change proceedings. I have helped countless Florida residents obtain a change of their legal name throughout the state, and I have addressed situations that could have caused the name change to be delayed by months.
Florida Child Support & Alimony: What is an Obligee? What is an Obligor?
/0 Comments/in Florida Statutes //Tags: alimony, bridge-the-gap alimony, child support, child support guidelines, durational alimony, Florida alimony, Florida alimony laws, long term alimony, lump sum alimony, obligee, obligor, permanent periodic alimony, rehabilitative alimony, temporary alimonyby Adam B. Cordover, Attorney-at-LawIf you are going through a Florida family law case involving alimony or child support, you have probably run into the terms “obligee” and “obligor.” So what do these terms mean?
Florida Divorce and Fathers’ Child Custody Rights
/0 Comments/in Custody Law, Florida Statutes, Kids //Tags: best interests standard, child custody, co-parenting, collaborative divorce, divorce, father's rights, florida divorce, parent child relationship, parental rights, parenting plan, time-sharingby Adam B. Cordover, Attorney-at-LawMany people believe that, in Florida divorces, there is a legal presumption that mothers should get majority time-sharing (formerly known as primary custody) with the parties’ children. This is simply not the case, as judges fashion Florida time-sharing schedules based solely on the best interests of the children, regardless of the gender of the parents.
Florida Statutes Section 61.13(2)(c)1 states specifically that “[t]here is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.”
So what factors do judges look at to determine children’s best interests when shaping time-sharing schedules?
I’m An Adult. Can My Stepparent Adopt Me?
/0 Comments/in Adoption, Florida Statutes //Tags: adoption, adoption entity, adult adoption, close relative adoption, Florida adoption, non-relative adoption, stepchild adoption, stepparent adoption, Tampa Bay Adoptionby Adam B. Cordover, Attorney-at-LawWhen people think of adoption, they generally envision an adult adopting a minor child. The adult may be a close relative or stepparent of the child, or not related to the child at all, but this is seen as the norm.
But can an adult adopt another adult? Can a stepparent adopt an adult stepchild?
Modifying Florida Alimony
/1 Comment/in Florida Statutes, Legislative Update //Tags: alimony, alimony reform, bridge-the-gap alimony, contempt, divorce, durational alimony, enforcement, family law procedure, Florida alimony, Florida alimony laws, Florida Statutes, long term alimony, lump sum alimony, modification of final judgment, permanent periodic alimony, rehabilitative alimony, spousal support, support unconnected with dissolution of marriage, temporary alimonyby Adam B. Cordover, Attorney-at-LawNow that Senate Bill 718 on alimony reform has been vetoed by Florida Governor Rick Scott, many Tampa Bay residents are wondering whether there is any way to modify or terminate their alimony obligations. The answer, in many cases, may be yes.
Chapter 61 of the Florida Statutes states that most types of alimony may be modified or terminated when there has been a substantial change in circumstances that affects the receiving spouse’s need for alimony or the paying spouse’s ability to pay. Case law tells us that a “substantial change in circumstances” means a change that was unanticipated at the time the alimony was ordered by the Court, and a change that is permanent, involuntary, and material. Examples of substantial changes in circumstance that may justify upward or downward modification include health issues, long-term unemployment, a big raise, or a large inheritance.
Governor Vetoes 2013 Florida Alimony and Child Custody Reform Bill
/6 Comments/in Florida Statutes, Legislative Update //Tags: alimony, alimony reform, Florida alimony, Florida alimony lawsby Adam B. Cordover, Attorney-at-LawIn an unexpected turn of events, Florida Governor Rick Scott has vetoed Senate Bill 718, which envisioned broad-ranging changes to Florida alimony and child custody laws. If signed, the bill would have created a presumption in favor of 50/50 child custody, eliminated permanent alimony, and permitted (in certain circumstances) those who had already been ordered to pay alimony to seek a modification based on the new law.
Governor Scott’s veto letter reads, in part:
Florida Alimony Reform: How Long is a “Long-Term” Marriage?
/4 Comments/in Florida Statutes, Legislative Update //Tags: alimony, alimony reform, bridge-the-gap alimony, durational alimony, Florida alimony, Florida alimony laws, Florida Statutes, long term alimony, permanent periodic alimony, rehabilitative alimony, spousal supportby Adam B. Cordover, Attorney-at-LawAs Senate Bill 718 – which deals with Florida alimony and child custody reform – looks likely to be signed by Governor Rick Scott, this blog is exploring the various parts of the bill and discussing how they may affect Tampa Bay divorce and family law cases.
One area that this bill changes is the way that marriages are categorized as short-term, moderate-term, and long-term. The reason this matters is because the Florida Statutes prescribes the type, quantity, and duration of alimony that a judge is likely to award depending on the length of the marriage.
See Related: Child Custody Reform * Supportive Relationships
Right now (before the changes of Senate Bill 718), the law defines the length of marriage and the presumed appropriate types of alimony (after a judge has determined that one spouse has a need for alimony and the other spouse has the ability to pay) as follows:
Florida Alimony Reform: Supportive Relationships
/1 Comment/in Florida Statutes, Legislative Update //Tags: alimony, alimony reform, child custody, collaborative family law, Collaborative Law, collaborative practice, durational alimony, Florida alimony, Florida alimony laws, long term alimony, permanent periodic alimony, rehabilitative alimony, supportive relationshipby Adam B. Cordover, Attorney-at-LawAs Senate Bill 718 dealing with alimony reform and child custody reform has passed both houses of the Florida Legislature and seems likely to be signed by Governor Rick Scott, this blog will attempt to explain how various aspects of the bill may impact Florida and Tampa Bay family law cases.
If signed, most changes (including changes to Florida’s supportive relationship laws) will go into effect July 1, 2013.
Currently, Florida law permits a person who has been ordered to pay alimony (called an “obligor”) to seek a modification or termination of his or her alimony order if he or she can prove that the spouse receiving alimony (called the “obligee”) is in a supportive relationship. As the law stands now, even if the obligor can prove that the obligee is in a supportive relationship, a judge has the option, but is not required, to modify an alimony order.
The language of Senate Bill 718 changes the supportive relationship statute as follows (new language is underlined while deleted language is stricken):
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