Tag Archive for: child custody

Video: Preparing for a Child Custody Hearing

GetLegal offers a helpful video on preparing for an evidentiary hearing in a child custody matter:

Video: Another Warning About Facebook and Divorce

The following video from Fox 25 out of Boston warns family law litigants of the dangers of posting information on social networking sites such as Facebook:

Ten Tips for Divorcing Parents

The following article was written by Mike McCurley for the American Academy of Matrimonial Lawyers:

Divorce is never easy on kids, but there are many ways parents can lessen the impact of their break-up on their children:

  1. Never disparage your former spouse in front of your children. Because children know they are “part mom” and “part dad,” the criticism can harm the child’s self-esteem.
  2. Do not use your children as messengers between you and your former spouse.The less the children feel a part of the battle between their parents, the better. Read more

Temporary Time-Sharing Modification Due to Military Service

If a parent is activated, deployed, or temporarily assigned to military service, courts have the option of entering a temporary order that modifies a custody order.  That temporary order may provide the non-military parent with more time-sharing.  Due to recent changes to section 61.13002, Florida Statutes, the Court also has the option of designating a family member of the child to exercise time-sharing on behalf of the military parent.  Any temporary modification of the time-sharing will be dissolved once the military parent returns from the service, deployment, or temporary assignment.

Additionally, the temporary order may address child support by taking the following actions:

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Spanish-Language Video on Children and Divorce

As I wrote in my previous post, the Virgina State Bar Association’s Family Law Section produced a video entitled “Spare the Child” which discusses how to safeguard the emotional well-being of children during divorce and other family law proceedings.  The section has also produced a Spanish-language version of the video, entitled “Proteger al Niño.”  You may access this video after the jump:

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Helping Children Cope With Divorce

The Virginia State Bar’s Family Law Section has produced a video which discusses the impact of divorce on children and how parents can go about easing the transition.  The video, entitled “Spare the Child,” utilizes personal stories and everyday language to promote the emotional well-being of children as they go through a family law proceeding.  You may access the video after the jump (click “continue reading”):

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Uniform Child Custody Jurisdiction and Enforcement Act Affidavit

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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Section 61.538, Florida Statutes

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

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

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.