Florida Statutes Archives - Page 4 of 18 - Family Diplomacy

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.

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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Modifying Florida Alimony

May 11, 2013/1 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-Law

Now 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.

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Governor Vetoes 2013 Florida Alimony and Child Custody Reform Bill

May 2, 2013/6 Comments/in Florida Statutes, Legislative Update //Tags: alimony, alimony reform, Florida alimony, Florida alimony lawsby Adam B. Cordover, Attorney-at-Law

In 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:

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When Is A Guardian Ad Litem Appointed in Florida?

Florida Child Custody, Military Service, and Grandparents’ Rights

The Military, Florida Divorce, and Residency Requirements

How Long does a Florida Legal Name Change Take?

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

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

Modifying Florida Alimony

Governor Vetoes 2013 Florida Alimony and Child Custody Reform Bill

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