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Tag Archive for: parental responsibility

Section 61.13002, Florida Statutes

December 31, 2010/0 Comments/in Florida Statutes //Tags: child custody, child support, divorce, Florida Statutes, military divorce, modification of final judgment, parental responsibility, parenting plan, time-sharingby Adam B. Cordover, Attorney-at-Law

Temporary time-sharing modification and child support modification due to military service.—

(1)If a supplemental petition or a motion for modification of time-sharing and parental responsibility is filed because a parent is activated, deployed, or temporarily assigned to military service and the parent’s ability to comply with time-sharing is materially affected as a result, the court may not issue an order or modify or amend a previous judgment or order that changes time-sharing as it existed on the date the parent was activated, deployed, or temporarily assigned to military service, except that a court may enter a temporary order to modify or amend time-sharing if there is clear and convincing evidence that the temporary modification or amendment is in the best interests of the child. When entering a temporary order under this section, the court shall consider and provide for, if feasible, contact between the military servicemember and his or her child, including, but not limited to, electronic communication by webcam, telephone, or other available means. The court shall also permit liberal time-sharing during periods of leave from military service, as it is in the child’s best interests to maintain the parent-child bond during the parent’s military service. Read more →

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Section 61.13001

December 31, 2010/0 Comments/in Florida Statutes //Tags: child custody, divorce, Florida Statutes, parental responsibility, parenting plan, relocation, time-sharingby Adam B. Cordover, Attorney-at-Law

Parental relocation with a child.—

(1)DEFINITIONS.—As used in this section, the term:

(a)“Child” means any person who is under the jurisdiction of a state court pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act or is the subject of any order granting to a parent or other person any right to time-sharing, residential care, kinship, or custody, as provided under state law.

(b)“Court” means the circuit court in an original proceeding which has proper venue and jurisdiction in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, the circuit court in the county in which either parent and the child reside, or the circuit court in which the original action was adjudicated. Read more →

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Section 61.13, Florida Statutes

December 31, 2010/3 Comments/in Florida Statutes //Tags: child custody, child support, divorce, Florida Statutes, parental responsibility, parenting plan, paternity, time-sharingby Adam B. Cordover, Attorney-at-Law

Support of children; parenting and time-sharing; powers of court.—

(1)

(a)In a proceeding under this chapter, the court may at any time order either or both parents who owe a duty of support to a child to pay support to the other parent or, in the case of both parents, to a third party who has custody in accordance with the child support guidelines schedule in s. 61.30.

1.All child support orders and income deduction orders entered on or after October 1, 2010, must provide: Read more →

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Section 61.125, Florida Statutes

December 31, 2010/0 Comments/in Florida Statutes //Tags: child custody, divorce, domestic violence injunction, Florida Statutes, parental responsibility, parenting plan, time-sharingby Adam B. Cordover, Attorney-at-Law

Parenting coordination.—

(1)PURPOSE.—The purpose of parenting coordination is to provide a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing a parenting plan by facilitating the resolution of disputes between the parents by providing education, making recommendations, and, with the prior approval of the parents and the court, making limited decisions within the scope of the court’s order of referral.

(2)REFERRAL.—In any action in which a judgment or order has been sought or entered adopting, establishing, or modifying a parenting plan, except for a domestic violence proceeding under chapter 741, and upon agreement of the parties, the court’s own motion, or the motion of a party, the court may appoint a parenting coordinator and refer the parties to parenting coordination to assist in the resolution of disputes concerning their parenting plan. Read more →

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Section 61.122, Florida Statutes

December 31, 2010/0 Comments/in Florida Statutes //Tags: child custody, divorce, domestic violence injunction, Florida Statutes, parental responsibility, parenting plan, paternity, time-sharingby Adam B. Cordover, Attorney-at-Law

Parenting plan recommendation; presumption of psychologist’s good faith; prerequisite to parent’s filing suit; award of fees, costs, reimbursement.—

(1)A psychologist who has been appointed by the court to develop a parenting plan recommendation in a dissolution of marriage, a case of domestic violence, or a paternity matter involving the relationship of a child and a parent, including time-sharing of children, is presumed to be acting in good faith if the psychologist’s recommendation has been reached under standards that a reasonable psychologist would use to develop a parenting plan recommendation. Read more →

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Section 61.10, Florida Statutes

December 31, 2010/0 Comments/in Florida Statutes //Tags: alimony, child custody, child support, Florida Statutes, parental responsibility, parenting plan, support unconnected with dissolution of marriage, time-sharingby Adam B. Cordover, Attorney-at-Law

Adjudication of obligation to support spouse or minor child unconnected with dissolution; parenting plan.—Except when relief is afforded by some other pending civil action or proceeding, a spouse residing in this state apart from his or her spouse and minor child, whether or not such separation is through his or her fault, may obtain an adjudication of obligation to maintain the spouse and minor child, if any. The court shall adjudicate his or her financial obligations to the spouse and child and shall establish the parenting plan for the parties. Such an action does not preclude either party from maintaining any other proceeding under this chapter for other or additional relief at any time.

For the latest version of this statute, visit http://www.leg.state.fl.us.

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Section 61.046, Florida Statutes

December 31, 2010/2 Comments/in Florida Statutes //Tags: alimony, child custody, child support, divorce, Florida Statutes, modification of final judgment, parental responsibility, parenting plan, time-sharingby Adam B. Cordover, Attorney-at-Law

Definitions.—As used in this chapter, the term:

(1)“Business day” means any day other than a Saturday, Sunday, or legal holiday.

(2)“Clerk of Court Child Support Collection System” or “CLERC System” means the automated system established pursuant to s. 61.181(2)(b)1., integrating all clerks of court and depositories and through which payment data and State Case Registry data is transmitted to the department’s automated child support enforcement system.

(3)“Department” means the Department of Revenue.

Read more →

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