Tag Archive for: child custody

Florida Divorce and Fathers’ Child Custody Rights

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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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Florida Grandparents’ Rights and Collaborative Divorce

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Grandparents are, no doubt, an important part of the lives of Florida’s children.  The state government has on several occasions since 1978 enacted legislation to recognize Florida grandparent visitation and custody rights.  However, each statute which attempted to raise grandparents’ rights to the level of parents’ rights has been struck down by the Florida Supreme Court and appellate decisions as violating the fundamental rights of parents.

One effect of these court decisions is that a family law judge will not grant grandparents any visitation rights over the objection of a fit parent during divorce proceedings.

But what if there was a divorce process in which the importance of grandparents’ interaction with their grandchildren could be recognized?  There is, and the process is called collaborative divorce.

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Collaborative Divorce Video: A True Life Story Part 2

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Just as more divorcing spouses in Tampa are seeking an alternative to the usual courtroom battles, the use of the collaborative family law process is growing around the country.  Collaborative Practice California has produced a video which follows an actual couple going through a collaborative divorce.

I previously posted Part 1 of the video.  After the jump, Part 2 of the video shows how the couple handles difficult emotional and financial issues in the collaborative process:

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Collaborative Divorce Video: A True Life Story Part 1

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Like Tampa, California has seen a need for a divorce process that does not pit spouses against one another in courtroom battles.  To that end, Collaborative Practice California has produced the following video which follows an actual divorcing couple through the process of collaborative family law:

http://www.youtube.com/watch?v=a8qlrg7pe7E

Part 2 of the video to be posted within the coming days.

Like California, Tampa Bay has a group of attorneys, facilitators/coaches, accountants, and financial planners who are trained in the interdisciplinary collaborative process:

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Tampa Bay Collaborative Divorce In A Weekend

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I recently came across an article by Sandra Young and Brian Garvey, collaborative divorce lawyers in Illinois, who offer what they refer to as a “Divorce Weekend.”  This is a fascinating model of collaborative divorce which offers the option of a quick settlement, and there is no reason why a weekend collaborative divorce cannot take place here in Tampa Bay.

This is how the model works:

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Florida Alimony Reform: Supportive Relationships

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As 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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Florida Child Custody Reform 2013

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There has been a lot of press lately about efforts to reform Florida’s alimony laws.  As discussed on this blog, Senate Bill 718 (which primarily deals with alimony reform) passed the Florida House by a wide margin (85 Yeas versus 31 Nays) and, since it had also passed the Florida Senate, will be going to Governor Rick Scott for his signature.

Update: Governor Scott Vetoes Senate Bill 718

One area that may be even more significant, but has not received as much coverage, is language in Senate Bill 718 that reforms Florida’s child custody laws.  Currently, there is no presumption in favor of or against any child custody schedule, including a 50/50 split custody (known as equal time-sharing).  Senate Bill 718, however, adds language to section 61.13 of the Florida Statutes that seems to make a strong presumption in favor of equal time-sharing.

The text of the child custody provisions of Senate Bill 718 is reproduced below (deleted language is stricken while new language is underlined):

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Treatment of Children in Hillsborough County Family Law Cases

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When a person files for divorce (or other family law action involving children) in Tampa, he or she will be provided with a temporary standing order which outlines how he or she should treat children during the matter.  The temporary standing order provides the following guidance:

The safety, financial security, and well being of the children involved in this case are the judge’s primary concern. It is the law that, except in certain rare circumstances, both parents will share parental responsibility for all minor children involved in this case. The law requires parents to share the children’s time and to participate together in making all important decisions concerning the children. The law expects parents to put aside their feelings and cooperate on all decisions involving the children. The following guidelines apply:

A. Children have a right to a loving, open and continuing relationship with both parents. They have the right to express love, affection and respect for one parent in the presence of the other parent.

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Pinellas County’s Standing Notice for Family Law Cases with Minor Children

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When you file a family law case in a Tampa Bay court that involves children (such as divorce, paternity, or modification of a parenting plan), you will get a standing notice or order which prescribes how parents should treat one another and their children.

For the most part, parents that utilize common sense and common courtesy should have no problem sticking to these standing requirements. Below are excerpts of the requirements in Pinellas County:

1. CONTACT WITH BOTH PARENTS; SHARED PARENTING:

1.1. Contact with both parents is generally in the children’s best interests. Children are entitled to “frequent and continuing contact with both parents when the parents separate or divorce” as a matter of law.

1.2 The “primary residential parent” has an “affirmative obligation to encourage and  nurture a relationship between the children and the alternate residential parent.” A parent who restricts access of the children to the other parent and who does not encourage a relationship between the children and the other parent, perhaps should not be designated the “primary residential parent, ” as this is not acting in the children’s best interests and is not following the law.

1.3. In nearly all cases, the court orders “shared parental responsibility” of the children, which means co-parenting. The parents must confer with each other and agree on parenting decisions. Both parents must participate in all parenting  decisions and work out their time sharing schedules. If the parents cannot agree on any issue, then the court will decide.

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Florida Divorce – Time to Respond to a Petition

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It is important for every person who is served with a Florida petition for dissolution of marriage to respond to the petition in a timely manner.

The petition, which sets out what a person wants a judge to do (such as dissolve the marriage, rule on custody, order child support, and divide marital property and debt), is generally personally served by a sheriff’s deputy or other authorized process server.  Once served, the respondent has 20 days to provide an answer to the petition and agree or disagree with the petitioner’s requests and allegations.

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