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Florida Adult Adoption and ObamaCare

February 28, 2014/0 Comments/in Adoption, Case Law Update, Florida Statutes //Tags: adoption, adoption attorney, adult adoption, close relative adoption, Florida adoption, foster children, foster parents, non-relative adoption, prospective adoptive parents, stepchild adoption, stepparent adoption, Tampa Bay Adoptionby Adam B. Cordover, Attorney-at-Law

There is now a new reason for adult foster children to consider formalizing their relationship via a Florida adoption: health insurance coverage for young adults under the Affordable Care Act, commonly referred to as ObamaCare.

Though the law has been highly controversial and plagued with technological and political missteps, one portion of the law that has received near-universal praise is the ability for parents to cover their children up to the age of 26.  Unfortunately, adult foster children may not be eligible for this benefit.  But there is a solution.

Section 63.042(1) of the Florida Statutes permits any person, a minor or an adult, to be adopted.  Florida law also has an expedited process so that an adult adoption can be accomplished much more quickly than most adoptions of children.

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Florida Same Sex Spouses’ Federal Benefits Clarified

February 9, 2014/0 Comments/in Case Law Update, Florida Statutes //Tags: Defense of Marriage Act, DOMA, gay and lesbian couples, gay and lesbian parents, gay marriage, gay rights, lesbian rights, LGBT family law rights, marriage equality, same sex couples, same sex marriageby Adam B. Cordover, Attorney-at-Law

United States Attorney General Eric Holder has announced policy changes in the wake of the landmark Supreme Court case of U.S. v. Windsor, which struck down portions of the federal Defense of Marriage Act.  According to the Tampa Bay Times, the policy changes, which will treat same sex marriages equal to opposite sex marriages for purposes of federal benefits, include the following:

In a new policy memo, the department will spell out the rights of same-sex couples, including the right to decline to give testimony that might incriminate their spouses, even if their marriages are not recognized in the state where the couples live.

Under the policy, federal inmates in same-sex marriages will also be entitled to the same rights and privileges as inmates in opposite-sex marriages, including visitation by a spouse, escorted trips to attend a spouse’s funeral, correspondence with a spouse, and compassionate release or reduction in sentence based on the incapacitation of an inmate’s spouse.

Related: 5 Legal Steps Florida LGBT Parents Should Take

In addition, an inmate in a same-sex marriage can be furloughed to be present during a crisis involving a spouse. In bankruptcy cases, same-sex married couples will be eligible to file for bankruptcy jointly. Domestic support obligations will include debts, such as alimony, owed to a former same-sex spouse. Certain debts to same-sex spouses or former spouses should be excepted from discharge.

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When Is A Guardian Ad Litem Appointed in Florida?

February 4, 2014/0 Comments/in Florida Statutes //Tags: child custody, child custody case, child custody determination, divorce, family law, family law attorney, family law judges, family law procedure, Florida child custody, guardian ad litemby Adam B. Cordover, Attorney-at-Law

You may have heard the term “guardian ad litem” and wondered what they were and when they were appointed.

In a Florida divorce or child custody case, a guardian ad litem is a professional who looks out for the best interests of a child.  Florida Statutes Section 61.401 describes the circumstances under which a guardian ad litem is appointed:

In an action for dissolution of marriage or for the creation, approval, or modification of a parenting plan, if the court finds it is in the best interest of the child, the court may appoint a guardian ad litem to act as next friend of the child, investigator or evaluator, not as attorney or advocate. The court in its discretion may also appoint legal counsel for a child to act as attorney or advocate; however, the guardian and the legal counsel shall not be the same person.

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Florida Child Custody, Military Service, and Grandparents’ Rights

January 24, 2014/0 Comments/in Florida Statutes //Tags: child custody, child custody case, child custody determination, Florida child custody, grandparent rights, military divorce, stepparents' rights, temporary child custodyby Adam B. Cordover, Attorney-at-Law

If a parent who is the subject of a Florida child custody order is activated, deployed, or temporarily assigned to military service, that military parent may be able to designate the child’s grandparents to care for the child in his or her absence.

Related: Florida Grandparents’ Rights and Collaborative Divorce

Florida Statutes section 61.13002(2) states that, if a military parent so desires, a grandparent can take over that parent’s time-sharing schedule under certain circumstances.  The activation, deployment, or temporary assignment must be ordered for more than 90 days and materially affect the military parent’s ability to exercise his or her time-sharing rights.  The military parent must notify the other parent of the designation in writing.   The written notice must be provided to the other parent at least 10 days before the grandparent is to take over the military parent’s time-sharing.

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HIV AIDS & Florida Child Custody

November 27, 2013/0 Comments/in Florida Statutes //Tags: child custody, child custody case, Florida child custody, parental responsibility, parental rights, parenting plan, sexual orientation and child custody, shared parental responsibility, sole parental responsibility, time-sharingby Adam B. Cordover, Attorney-at-Law

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.

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The Military, Florida Divorce, and Residency Requirements

November 11, 2013/0 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-Law

Florida 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.

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How Long does a Florida Legal Name Change Take?

November 3, 2013/0 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-Law

One 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.

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Florida Child Support & Alimony: What is an Obligee? What is an Obligor?

October 30, 2013/0 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-Law

If 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?

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Florida Divorce and Fathers’ Child Custody Rights

August 11, 2013/0 Comments/in Florida Statutes, Custody Law, 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-Law

Many 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?

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I’m An Adult. Can My Stepparent Adopt Me?

June 15, 2013/0 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-Law

When 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?

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