Tag Archive for: parental responsibility

Can Smoking Affect Your Child Custody Case?

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As a former cigarette smoker, an article in the Washington Times regarding smoking and child custody piqued my interest. Below is an excerpt:

States are increasingly factoring in cigarette smoking in making decisions about who gets custody of minor children. The group Action on Smoking and Health, an anti-tobacco advocacy group, surveyed custody issues involving cigarettes and tobacco use.

  • In at least 18 states, courts have ruled that subjecting a child to tobacco smoke is a factor which should be considered in deciding custody.
  • No judge and no court has ever ruled that subjecting a child to tobacco smoke should be ignored in deciding custody.
  • In thousands of cases, courts have issued orders prohibiting smoking in the presence of a child, especially in vehicles.

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Prenuptial Agreements: Uniform Premarital Agreement Act

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No matter the reason that parties enter into a prenuptial agreement, there are certain issues that may be agreed upon and other issues that Florida public policy prohibit parties from agreeing on prior to marriage.

For example, a clause in a prenuptial agreement defining a visitation or time-sharing schedule with respect to the parties’ unborn children would not be enforceable.  This is because a time-sharing schedule must be based on the best interests of a child, and it is difficult to define and anticipate those best interests before the child is born.  Similarly, a prenuptial agreement may not restrict a child’s right to financial support.

So, what may be agreed upon in a prenuptial agreement?  Section 61.079 of the Florida Statutes, known as the “Uniform Premarital Agreement Act,” specifically states that the following may be settled in a prenuptial agreement:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

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Garon: 8 Tips for Co-Parenting During the Holidays

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Winter break can be one of the most difficult times for both children and parents to cope with divorce.  We see Christmas and New Years cheer and celebration everywhere as we are dealing with our own internal and external stressors that make the mere sight of such images so painful.  However, we must dedicate all of our strength to keep this period of time as happy and stable as possible for our children.

Risa Garon, a licensed clinical social worker, collaborative law mental health professional, and Executive Director of the National Family Resiliency Center, Inc., provides tips for co-parenting during the holidays:

  1. What can you as a parent handle? Be honest with yourself and how you feel.
  2. Be honest with your children about your limitations and what you can handle. Approach them in a way that doesn’t burden them with your feelings. Ask them what would help them during the holidays.
  3. Recognize that rituals are symbolic and often treasured by children and adults. If possible, try to have some of your family’s traditional rituals and include your children in creating new ones. Read more →

Factors in Relocating with a Child

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If you are or have been involved in a child custody case and you wish to move with your child, you must make sure to follow the procedures of section 61.13001, Florida Statutes (the “Relocation Statute”).

Often times, parents are able to come to an agreement on relocation.  The Relocation Statute has specific requirements for the agreement, and the agreement must be filed with the court and ratified by a judge.

But what if you and the other parent cannot come to an agreement?  What specific factors does a judge look at to determine if relocation is in a child’s best interests?

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Pew Report Observes Non-Resident Fathers

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A recent report conducted by the Pew Research Center’s Social and Demographics Trends project makes some interesting findings:

  • “Absent” or “non-resident” fathers are defined as those that do no live with their children;
  • The number of children not living with their father has doubled from 1960 to 2010;
  • Four in ten non-resident fathers communicate with their children several times a week, while one in five spend time with their children more than once a week;
  • One in three non-resident fathers report that they talk or exchange e-mail with their children less than once a month; and
  • Twenty-seven percent of absent fathers say they have not seen the children at all in the past year.

In Florida, generally speaking, each parent has a right to spend time with his or her children, and each parent has a responsibility to contribute financially to the child’s support.  If there is a court order pertaining to child custody, these rights and responsibilities can usually be enforced by contempt.

If you have questions regarding paternity or child custody and you wish to speak with a Florida family law lawyer, contact The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our online form.

Relocation With A Child Outside of Florida

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If your child has ever been subject to a custody proceeding (such as divorce, paternity, or temporary custody), then you are likely restricted in where you can move with the child under section 61.13001, Florida Statutes.  This law, known as the “Relocation Statute,” prevents a parent from moving a child more than 50 miles except under certain circumstances.

The first circumstance allowing relocation is if both parents agree.  However, strict requirements must be followed.  The agreement must:

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Concurrent Custody vs. Temporary Custody

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I recently wrote a post explaining temporary custody by an extended family member, a type of action which allows parents to temporarily transfer their custody rights to a relative.  Once a judge grants a petition for temporary custody, the relative temporarily assumes the parents’ right to make decisions concerning the child’s healthcare and education, and also assumes the right to obtain documents such as birth certificates and passports.

However, sometimes parents want to give a relative custody rights while also retaining the rights for themselves.  Chapter 751 of the Florida Statutes allows for this arrangement in what is termed “concurrent custody.”

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Updated Parenting Education and Stabilization Course Provider List

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Pursuant to section 61.21, Florida Statutes, all parties in a divorce or paternity matter in which custody is an issue are required to attend a 4-hour Parenting Education and Stabilization Course.  Periodically, the Department of Children and Family Services publish an updated list of approved parenting course providers.

You can find the latest list of approved parenting course providers (updated November 4, 2011) here.

If you have questions regarding child custody and you wish to schedule a consultation with a Tampa Bay custody lawyer, contact The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our online form.

Temporary Custody by an Extended Family Member

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If you have a nephew, niece, or grandchild living with you, you may have run into a roadblock when attempting to acquire his or her birth records or passport.  Further, you may have gotten the run around when attempting to make decisions concerning the child’s education or healthcare.  Fortunately, this state has a solution in chapter 751 of the Florida Statutes.

Chapter 751 permits an extended family member to take temporary custody of a minor child, access state and other records, and make major decisions concerning a child’s upbringing.  But, keep in mind, temporary custody must be granted by a Florida court (and cannot simply be signed away by a parent), and there are strict procedural requirements that must be met.

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Child Custody and “Best Interests”

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When a Florida family law judge makes a custody determination, the judge’s main concern is establishing a parenting plan that is in the best interests of a child.  The parenting plan will outline, among other things, parental responsibility (the authority to for a parent to make decisions regarding a child’s welfare) and a time-sharing (visitation) schedule.

A whole host of factors go into an analysis of where a child’s best interests lie.  The factors are laid out in section 61.13(3)(a)-(t), Florida Statutes:

(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.