Tag Archive for: Hillsborough County

What is a General Magistrate?

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If you have a family law case in Florida, your matter may be referred to a general magistrate under Florida Family Law Rule of Procedure 12.490.  But what is a general magistrate?

A general magistrate is simply an attorney appointed by the Court with the power to (i) conduct a hearing and (ii) make a recommendation to the judge on how a particular pleading or issue should be ruled on.  General magistrates keep the keep the family law system moving by taking some of the load off of the judges’ busy schedules.  In Hillsborough County, general magistrates are most commonly utilized in post-judgment cases (e.g., modification of a child support or alimony order).

If you have questions regarding a post-judgment or other family law matter and you are seeking to retain an attorney in Tampa Bay, you can schedule a consultation by calling The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or filling out our contact form.

Keep Your Contact Information Current with the Clerk of the Court, Even After Your Family Law Case is Closed

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Let’s start with a simple proposition:  Each party involved in a family law case should make sure that the clerk of the court has updated contact information for that party.  It seems easy, but taking this small step could prevent big headaches in the future.

I have heard of cases where a party has moved in the middle of the case, did not inform anyone, then complained afterwards that he had not received notice of an important hearing.  I also have seen cases where a petitioner (the party initiating the case) provides the clerk with the wrong address for the respondent (the party responding to the petition), and the clerk sends information to the incorrect address for the entire duration of the case.

I have even encountered this scenario:  Parties get divorced.  In the final judgment, Husband is required to pay Wife alimony.  After the divorce, Wife moves to a different apartment in the same apartment complex.  Husband sends alimony payments to Wife’s old address, but they get delivered to the new addressed because Postal Worker knows and likes Wife (and especially the gift certificates to Best Buy that Wife gives to Postal Worker each Christmas).

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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 →

Attorney Cordover Breaks 5K Record

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Okay, so I broke a personal record and not a Guinness Book World Record, but nonetheless I’m proud of myself.  This weekend I ran the 2011 Hillsborough County Bar Association Judicial Pig Roast and 5K, and I finished in 26:50.

I also have to congratulate my nephew, Jake, who completed the 5K in less than 25 minutes.

The HCBA Judicial Pig Roast and 5K supports pro bono services in Hillsborough County, Florida.

 

Name Change: Where do I petition?

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If you are looking to legally change your name you may be wondering:  Where do I file a petition?  Do I have to go to Tallahassee?  Do I file in the circuit court of the county where I was born?  Can I request that a circuit court in the county where I live change my name?

Section 68.07, Florida Statutes, and relevant case law, provides an answer…

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Many Local Courts Will Be Closed In Observance of Presidents’ Day

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Most of the local courthouses will be closed on February 21, 2011, in observance of Presidents’ Day.  Closed courthouses include those located in the following judicial circuits:

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Filing Fees in Hillsborough County

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For most types of family law actions, a party needs to pay a fee to the clerk of the court when he or she files a petition.  Current filing fees for the Thirteenth Judicial Circuit (Hillsborough County) for common family law matters are as follows:

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Hillsborough County’s East Division

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When filing a family law case in Hillsborough County, one thing to keep in mind is that there are two courthouse divisions in which your case may be heard:  (i) the Tampa Division, located at the Edgecomb Courthouse in Downtown Tampa; and (ii)  the East Division, located at the Plant City Courthouse. So how do you know to which division your case will be assigned?

Edgecomb Courthouse

Plant City Courthouse

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Local Judge Recipient of “Making A Difference” Award

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The Honorable Emily A. Peacock

The Honorable Emily A. Peacock of Florida’s Thirteenth Judicial Circuit (Hillsborough County) has been selected by The Florida Bar’s Family Law Section to receive its “Making a Difference” Award for January 2011:

The Family Law Section of the Florida Bar is pleased to congratulate Judge Peacock, and it thanks her for her past and continued efforts on behalf of the children and families of Florida.

Emily A. Peacock has been admitted to practice law in Florida for approximately 30 years. Born and raised in Tampa, Florida, Judge Peacock attended Vanderbilt University in Nashville, Tennessee, and she received her Bachelor of Arts Degree from the school in 1978.  While she was a student at the University, in addition to her various student activities and employment, she volunteered at the Nashville Veterans Administration Hospital.  She then went on to receive her Juris Doctorate from Stetson University College of Law in 1980.

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Can’t Find Your Spouse? Check For Mug Shots.

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One of the first steps in initiating a divorce or other proceeding is to have a petition and other papers served on the other party (the “Respondent”).  Sometimes the Respondent does not want to be found.  Other times, the Respondent is, well, in the slammer.  So how do you find out whether he or she is behind bars?

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