Tag Archive for: child custody

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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In A Florida Child Custody Case, Does It Matter That I Am Gay?

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I have been seeing more clients who are coming out of the closet either during or following their divorce (or during a child custody case not related to divorce). Each client has asked whether the Florida court is going to take into consideration his or her sexual orientation.

Though, in determining child custody matters, a Florida judge must take into consideration the “moral fitness” of the parents (see Florida Statutes Section 61.13(3)(f)), the court may not make a custody determination based solely on whether a parent is gay. In fact, a parent’s sexual orientation should not be a determining factor unless it has a direct negative impact on the welfare of the child.

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What is a Florida Parenting Plan?

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For every Florida divorce case in which child custody issues are being decided, the judge must enter a parenting plan.

A parenting plan is a document that sets out parents’ rights and responsibilities towards their children.  The parenting plan will explain each parent’s right to make major decisions concerning the children (such as education or medical decisions).  The parenting plan will also flesh out each parent’s right to spend time with the children and detail which specific days the children will sleep overnight at each parent’s home.

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Hillsborough County Clerk of the Court Cuts Hours

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Due to budget cuts, the Hillsborough County Clerk of the Court is reducing the hours it will handle court-related services.  Beginning July 1, 2012, the hours were cut to 9:00 a.m. – 4:00 p.m.  This will affect the filing and processing of family law (i.e., adoption, divorce, paternity, child support, child custody, name change, etc.) documents.

If you have a Tampa family law case and you wish to scheduled a consultation with a Florida family law attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our online form.

Rights Recognized in Tampa’s Domestic Partnership Registry

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As President Obama today expressed his support for gay marriage, the State of Florida continues to define marriage as “a legal union between one man and one woman,” leaving homosexuals in loving relationships in a state of legal limbo.  Attempting to fill in the gap, many local county and municipal governments are passing “domestic partnership registries” which codify certain rights to heterosexual and homosexual partners.  Tampa, for one, has passed an ordinance creating a domestic partnership registry.

Related:  Five Legal Steps Florida LGBT Parents Should Take

[Related:  In A Florida Child Custody Case, Does It Matter That I Am Gay?]

[Related:  In Which County Should I File My Florida Adoption Case?]

Tampa’s domestic partnership law recognizes the following rights for registered partners (to the extent that these rights are not superseded by other laws or ordinances or by contract):

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Do Fathers Ordered to Pay Child Support Have Custody Rights?

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I see it all the time.  A mother requests state welfare benefits, and the Florida Department of Revenue inquires as to whether the mother is receiving child support from her child’s father.  The answer is no, and the Department of Revenue then initiates an administrative action to get the father to financially support his child.

Sometimes, the father admits that he is the child’s parent, and other times paternity is established through genetic testing, but the ultimate result is that the father is ordered to pay child support.

So, then, since he is paying support, does the father automatically get custody rights?

Though a mother should encourage a loving and continuing relationship between her child and the child’s father, the father does not automatically get custody rights.

However, the father can establish those rights.

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