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Private Child Custody Proceedings: Florida Collaborative Practice

November 14, 2013/1 Comment/in Collaborative Divorce //Tags: bisexual parental rights, child custody, child custody case, child custody determination, co-parenting, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, Collaborative Law, collaborative mental health professional, collaborative practice, Florida child custody, gay and lesbian parents, gay parental rights, grandparent rights, International Academy of Collaborative Professionals, lesbian parental rights, parent child relationship, parental responsibility, parental rights, parenting plan, same sex couples, sexual orientation and child custody, shared parental responsibility, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, temporary child custodyby Adam B. Cordover, Attorney-at-Law

When people are seeking to gain child custody rights in Florida – whether through divorce, paternity, establishment of parenting plan, grandparent custody, or other proceedings – the first step they usually take is file a petition with the Clerk of the Court.

Generally speaking, this is a mistake.

By filing a petition, they are entering into the public court system which pits mother against father. This is an adversarial system which oftentimes leads parties to engage in emotionally and financially draining court battles, and all dirty laundry gets examined and aired.

But there is another way, a private way of determining parental responsibility and child time-sharing schedules. It is called collaborative practice, also known as collaborative family law.

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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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Five Legal Steps Florida LGBT Parents Should Take

May 21, 2013/17 Comments/in Adoption, Collaborative Divorce, Legal Name Change //Tags: adoption, adoption entity, adoption intermediary, bisexual parental rights, bisexual rights, change of name, co-parenting, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, domestic partnership agreement, domestic partnership registration, domestic partnership registry, Florida adoption, gay adoption, gay and lesbian parents, gay marriage, gay parental rights, gay partnership agreement, gay rights, lesbian adoption, lesbian parental rights, lesbian rights, LGBT family law rights, name change, non-relative adoption, second parent adoption, Tampa Bay Adoption, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, Tampa Bay Name Change Attorney, transgender parental rightsby Adam B. Cordover, Attorney-at-Law

The unfortunate truth is that current Florida law is not conducive to recognizing the relationships that develop in lesbian, gay, bisexual, and transgender families. However, there are steps that Florida and Tampa Bay LGBT parents can take to boost the recognition of their parental rights.

Adoption

If LGBT parents are committed to raising a child together and recognizing each parent’s rights, I highly recommend that partners consider adopting each other’s children. This helps form an unbreakable legal bond between the children and each partner. Though the law is not completely settled in this area, the judges in Hillsborough County (including Tampa) are granting adoptions by LGBT partners. What’s more, an adoption attorney located in Hillsborough County (such as myself) can help Florida parents come before Hillsborough County judges no matter where in Florida the parents live.

Co-Parenting Agreements

Co-parenting agreements can be great evidence that LGBT partners intend to parent children together. It can boost the argument that “psychological parenting,” or the formation of a parent-like relationship between a child and a non-legal parent, has occurred and make it or more likely that parental rights will be recognized by Florida’s legal system.

Hyphenated or Unified Last Names

A hyphenated or unified last name can go a long way in demonstrating to the Florida legal system that partners intended to raise children together. For example, if partner 1 is named Jones, and partner 2 is named Smith, it would be helpful to have all partners and children’s last names hyphenated or unified, so that everyone has a last name of Jones-Smith, Smith-Jones, Smones, Jith, etc. Florida has laws to aid in legal name changes.

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Florida Child Custody Reform 2013

April 21, 2013/2 Comments/in Florida Statutes, Legislative Update //Tags: alimony, alimony reform, bridge-the-gap alimony, child custody, child custody case, child custody determination, co-parenting, collaborative divorce, collaborative family law, durational alimony, Florida alimony, Florida alimony laws, Florida child custody, Florida Legislature, long term alimony, lump sum alimony, parental responsibility, parenting plan, permanent periodic alimony, rehabilitative alimony, shared parental responsibility, sole parental responsibility, spousal support, supervised time-sharing, temporary alimony, time-sharingby Adam B. Cordover, Attorney-at-Law

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

November 24, 2012/1 Comment/in Administrative Orders //Tags: child custody, child custody case, child custody determination, Clearwater, co-parenting, concurrent custody, divorce, Florida child custody, parental responsibility, Parenting Course, parenting plan, paternity, Pinellas County, relocation, shared parental responsibility, St. Petersburg, temporary child custodyby Adam B. Cordover, Attorney-at-Law

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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Video: The Smart Divorce

August 7, 2012/0 Comments/in Divorce //Tags: co-parenting, collaborative divorce, contested divorce, dissolution of marriage, divorce, florida divorce, no fault divorce, Tampa Bay Collaborative Divorce, Tampa Bay Divorce Attorney, uncontested divorceby Adam B. Cordover, Attorney-at-Law

Divorce consultant Deborah Moskovitch discusses her high-conflict divorce and the lessons she learned in the following video from Family Matters:

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Tag Archive for: co-parenting

Private Child Custody Proceedings: Florida Collaborative Practice

Five Legal Steps Florida LGBT Parents Should Take

Adoption

Co-Parenting Agreements

Hyphenated or Unified Last Names

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

Video: The Smart Divorce

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