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Hillsborough County – New Child Custody Proceedings Administrative Order

April 24, 2011/1 Comment/in Administrative Orders //Tags: 13th Judicial Circuit, adoption, child custody, dependency, divorce, enforcement, family law procedure, guardianship, Hillsborough County, parental responsibility, parenting plan, paternity, relocation, temporary child custody, termination of parental rights, time-sharing, UCCJEAby Adam B. Cordover, Attorney-at-Law

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:

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 →

Filing Fees in Pasco County

February 20, 2011/4 Comments/in Divorce //Tags: 6th Judicial Circuit, adoption, alimony, change of name, child custody, child support, divorce, filing fees, modification of final judgment, parental responsibility, parenting plan, Pasco County, paternity, Pinellas County, service of process, temporary child custody, time-sharingby Adam B. Cordover, Attorney-at-Law

I previous wrote about filing fees in Hillsborough County and Pinellas County. In this post I review current filing fees in the Sixth Judicial Circuit, Pasco County, for common family law matters. A person who initiates a family law case (the “Petitioner”) will pay the following:

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Filing Fees in Pinellas County

February 19, 2011/4 Comments/in Divorce //Tags: 6th Judicial Circuit, adoption, alimony, change of name, child custody, child support, divorce, filing fees, modification of final judgment, name change, parental responsibility, parenting plan, paternity, Pinellas County, service of process, temporary child custody, time-sharingby Adam B. Cordover, Attorney-at-Law

I previous wrote about filing fees in Hillsborough County. In this post I review current filing fees in the Sixth Judicial Circuit, Pinellas County, for common family law matters. A person who initiates a family law case (the “Petitioner”) will pay the following:

Read more →

Filing Fees in Hillsborough County

February 17, 2011/7 Comments/in Divorce //Tags: 13th Judicial Circuit, adoption, alimony, change of name, child support, divorce, filing fees, Hillsborough County, modification of final judgment, name change, parental responsibility, parenting plan, paternity, temporary child custody, time-sharingby Adam B. Cordover, Attorney-at-Law

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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Special Issues in Military Divorce

February 13, 2011/0 Comments/in Divorce, Divorce Process //Tags: alimony, Basic Allowance for Housing, child support, default, divorce, equitable distribution, jurisdiction, military divorce, parental responsibility, pension, residency requirement, service of process, Servicemembers Civil Relief Act, stay of proceedings, temporary child custody, time-sharing, Tricareby Adam B. Cordover, Attorney-at-Law

If you are in a family law matter involving a servicemember, you will encounter some unique issues to which you must pay special attention.

Residency Requirement

Generally, one party to a divorce must have been a resident of Florida for at least six months prior to filing. However, there is an exception for servicemembers. A servicemember (or his or her spouse) who is not currently in Florida may petition for divorce in Florida if he or she (i) was a Florida resident prior to entering the military and (ii) never established a permanent residence elsewhere. Even if the military member had not lived in Florida prior to entering the service, he or she may still be able to file for divorce in Florida if he or she is deployed but has an intent to remain a permanent Florida resident. Such intent may be evidenced by the following: (i) Florida voter registration; (ii) ownership of a Florida home; or (iii) registration of a vehicle in Florida.

Servicemembers Civil Relief Act

Many of the military issues in a divorce stem from the Servicemembers Civil Relief Act (the “SCRA”). The SCRA was signed into law in 2003 and updated and replaced the Soldiers and Sailors’ Civil Relief Act of 1940. Most provisions of the SCRA apply to the following people on active duty: (i) members of the Army, Navy, Air Force, Marine Corps, and Coast Guards; (ii) members of the National Guard; and (iii) commissioned officers of the Public Health Service and National Oceanic and Atmospheric Administration.

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