Tag Archive for: divorce

Is Florida the Correct State for My Child Custody Issue?

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Under chapter 61, Florida Statutes, a Florida court generally has jurisdiction for a new custody case (such as (i) divorce involving children’s issues/parenting plan, (ii) paternity/ establishment of time-sharing schedule, or (iii) temporary or concurrent custody of a child by a relative) only if one of the following is true:

  • The child has lived in Florida for at least six months immediately prior to the case being filed (even if the child is or has been temporarily absent from Florida);
  • The child has moved from Florida within the past six months, but prior to that lived in Florida for at least six months; or
  • No other state or country has jurisdiction over the child (or the court of the child’s home state or country has declined jurisdiction) and the child has significant connections to Florida.

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How Do I Discuss My Divorce With My Child?

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Once a couple makes the decision to separate or divorce, one of the most difficult steps will be to discuss this decision with a child.  Risa Garon, a licensed clinical social worker, certified mediator, and Executive Director of the National Family Resiliency Center, Inc., provides the following advice regarding how to discuss an impending separation or divorce with a child:

1. Before you tell the children, speak to your spouse and decide what you will tell the children. Both parents should have the opportunity to speak.

2. Say what you think will be most helpful to them. Many parents want to tell exactly what happened in their adult relationship to their children. Parents can explain to their children how what they want to tell them will help them in understanding the separation.

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Ten Tips To Make A Good Impression In Family Court

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Jeanie Goldstein over at the Divorce Saloon provides a female’s perspective on ten things you can do to make a good impression in a family law courtroom:

1. Wear the right colors – by this I mean the right color for you. There is a science to this. When you wear the right color for you, you are more attractive and tend to have a more favorable impression on people. So don’t wear bright yellow if you can’t pull off that color. Don’t wear black if it makes you look depressed. Don’t wear white if it makes you look washed out. That sort of thing. Get the idea? Wear the right color for you.

2. Wear the right outfits – Don’t go into court looking like a trollop or like an ax murderer. It is an important and impactful event, your divorce, and you should dress respectfully. Think Lindsay Lohan. The girl might be clueless about proper life decorum but have you seen her when she has a court appearance? Very ladylike and stylish I must say.

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Word Cloud: Mandatory Disclosure

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In my continued quest to literally visualize statutes and rules related to Florida family law, I created the following word cloud of Florida Family Law Rule of Procedure 12.285 (Mandatory Disclosure) using Wordle:

Mandatory Disclosure Word CloudThough this word cloud makes Mandatory Disclosure seem like it belongs in discussion held at a TexMex-themed cocktail party, the fact is that the exchange of certain financial information is crucial to move along most family law matters (including divorce, paternity, child support, alimony, support unconnected with divorce, and modification of financial issues).  To that point, a court will not grant a final judgment in most cases unless financial affidavits have been exchanged and each party has filed and exchanged a certificate of compliance with mandatory disclosure.

What do you think of the mandatory disclosure word cloud?  Feel free to leave a comment below.

Otherwise, if you would like to schedule a consultation with a Florida Family Law Lawyer, call The Law Firm of Adam B. Cordover, P.A. at (813) 443-0615 or fill out our contact form at http://www.familydiplomacy.com/contact-us.

Hillsborough County – New Child Custody Proceedings Administrative Order

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Chief Judge Manuel Menendez, Jr., of the Thirteenth Judicial Circuit (Hillsborough County) recently entered a new administrative order that pertains to child custody proceedings.  Below is a summary of AO S-2011-014:

  1. For Chapter 751 Proceedings (Temporary Custody of Minor Children by Extended Family):
    1. Uncontested and Contested Proceedings:  Petitions for temporary custody of a minor child by an extended family member (i.e., grandparent, aunt, uncle, cousin, etc.) must be written and signed under oath, and filed with the clerk of the court.  The case will be assigned to the Family Law/Domestic Relations Division.  An executed Uniform Child Custody Jurisdiction and Enforcement (“UCCJEA”) Affidavit must be included with the petition.  If the petition is being filed with the parents’ permission, written, signed, and notarized consents must be provided, unless the parents provide their consents in open court.  If a petitioner is alleging that a parent has abandoned a child, the petitioner must have evidence of abandonment.
    2. Pending Dependency Proceedings:  If a dependency case is pending when a petition for temporary custody has been filed, the Family Law judge may transfer the petition to the Juvenile Dependency Division. Read more →

Equitable Distribution: How to Divide My IRA?

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In a divorce proceeding, the court will divide the parties’ marital property and debts in a process called “equitable distribution.”  The court starts with the presumption that property should be divided equally, but it may adjust the distribution based on various factors including (i) the relative economic circumstances of the parties, (ii) any interruption of personal careers or educational opportunities, and (iii) the intentional waste or destruction of assets.

Retirement accounts require special attention during the equitable distribution process.  George Saenz at Fox Business News discusses this:

Not only are you getting separated from your spouse, but also your money. An individual retirement account, or IRA, belongs to the spouse that established it. You generally cannot transfer money from one spouse’s IRA to the other spouse’s account. An exception exists in the case of a divorce.

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Divorce Saloon: Top 10 Things A Gentleman Should Do (Or Avoid) During Divorce

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Divorce Saloon offers an interesting top 10 of how a gentleman should act during divorce:

1. Don’t call your soon to be ex-wife and her (female) lawyer by choice names.

2. If you are a public figure, refuse to air dirty laundry and speak about your wife’s private parts (Roseann Barr’s ex Tom Arnold, for example, made some references to her privates that very much were ungentlemanly, to say the least).

3. Don’t respond to violence from your spouse or with violence to your spouse.

4. Gentlemen can curse, but don’t go Mel Gibson.

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Blog for The Law Firm of Adam B. Cordover, P.A., Featured In News Clip

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Website newsy.com has featured a recent article from ABC Family Law Blog, the official blog of The Law Firm of Adam B. Cordover, P.A., in a news video.  The video discusses the website Cheaterville.com.

ABC Family Law Blog Featured in News Video

ABC Family Law Blog Featured in News Video

 

 

ABC Family Law Blog Featured in News Video

ABC Family Law Blog Featured in News Video

 

Around the 1:30 mark of the video, ABC Family Law Blog is mentioned as follows:

A Florida Family Law Blog is also worried about people abusing the site— going so far as to suggest the site could interfere with custody disputes.  “One of the factors in custody decisions is the ability to facilitate a close relationship between a child and his or her other parent, a scathing post on Cheaterville may be seen by a judge as antithetical to a child’s best interest.”

You can see the whole video at the following link:  http://www.newsy.com/videos/welcome-to-cheaterville-cheaters-beware/.

Special Needs Children and Divorce

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California family law attorney Lisa Helfend Meyer recently discussed particular issues that arise in divorce cases involving special needs children:

A parenting plan for the typical child may not be appropriate for an autistic child or one with other developmental issues. For example, it’s not unusual for the typical 3 year-old child to be able to have overnight stays with the non-custodial parent. She can understand the concept of time and that she will see her other parent again. The special-needs child often has difficulty with transitions, she is comforted by the familiar and doesn’t like changes in environment. Likewise, she may not be unable to express herself verbally nor to understand abstract concepts like time. Custody and visitation decisions for a special-needs child must take into account many issues like these.

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Technological Solutions to Shared Parental Responsibility

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South Carolina Attorney Megan C. Hunt mentions some online tools available to help facilitate co-parenting:

But the reality is that co-parenting is HARD.  It is difficult for two people who have decided they can’t get along to coordinate schedules, discipline, and all the other details of raising children.

Because co-parenting is so tough (and such situations are so common), there are now services and communities especially for parents who need help.  One such program is Our Family Wizard, which provides a calendar for documenting parenting time, an internal message system for communications with your ex-spouse, the ability to keep a shared or private journal about your children, and a way to share the children’s health, education, and other records.

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