Tag Archive for: time-sharing

Florida Divorce and Fathers’ Child Custody Rights

Many people believe that, in Florida divorces, there is a legal presumption that mothers should get majority time-sharing (formerly known as primary custody) with the parties’ children.  This is simply not the case, as judges fashion Florida time-sharing schedules based solely on the best interests of the children, regardless of the gender of the parents.

Florida Statutes Section 61.13(2)(c)1 states specifically that “[t]here is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.”

So what factors do judges look at to determine children’s best interests when shaping time-sharing schedules?

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Florida Child Custody Reform 2013

There has been a lot of press lately about efforts to reform Florida’s alimony laws.  As discussed on this blog, Senate Bill 718 (which primarily deals with alimony reform) passed the Florida House by a wide margin (85 Yeas versus 31 Nays) and, since it had also passed the Florida Senate, will be going to Governor Rick Scott for his signature.

Update: Governor Scott Vetoes Senate Bill 718

One area that may be even more significant, but has not received as much coverage, is language in Senate Bill 718 that reforms Florida’s child custody laws.  Currently, there is no presumption in favor of or against any child custody schedule, including a 50/50 split custody (known as equal time-sharing).  Senate Bill 718, however, adds language to section 61.13 of the Florida Statutes that seems to make a strong presumption in favor of equal time-sharing.

The text of the child custody provisions of Senate Bill 718 is reproduced below (deleted language is stricken while new language is underlined):

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Florida Divorce – Time to Respond to a Petition

It is important for every person who is served with a Florida petition for dissolution of marriage to respond to the petition in a timely manner.

The petition, which sets out what a person wants a judge to do (such as dissolve the marriage, rule on custody, order child support, and divide marital property and debt), is generally personally served by a sheriff’s deputy or other authorized process server.  Once served, the respondent has 20 days to provide an answer to the petition and agree or disagree with the petitioner’s requests and allegations.

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In A Florida Child Custody Case, Does It Matter That I Am Gay?

I have been seeing more clients who are coming out of the closet either during or following their divorce (or during a child custody case not related to divorce). Each client has asked whether the Florida court is going to take into consideration his or her sexual orientation.

Though, in determining child custody matters, a Florida judge must take into consideration the “moral fitness” of the parents (see Florida Statutes Section 61.13(3)(f)), the court may not make a custody determination based solely on whether a parent is gay. In fact, a parent’s sexual orientation should not be a determining factor unless it has a direct negative impact on the welfare of the child.

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What is a Florida Parenting Plan?

For every Florida divorce case in which child custody issues are being decided, the judge must enter a parenting plan.

A parenting plan is a document that sets out parents’ rights and responsibilities towards their children.  The parenting plan will explain each parent’s right to make major decisions concerning the children (such as education or medical decisions).  The parenting plan will also flesh out each parent’s right to spend time with the children and detail which specific days the children will sleep overnight at each parent’s home.

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Rights Recognized in Tampa’s Domestic Partnership Registry

As President Obama today expressed his support for gay marriage, the State of Florida continues to define marriage as “a legal union between one man and one woman,” leaving homosexuals in loving relationships in a state of legal limbo.  Attempting to fill in the gap, many local county and municipal governments are passing “domestic partnership registries” which codify certain rights to heterosexual and homosexual partners.  Tampa, for one, has passed an ordinance creating a domestic partnership registry.

Related:  Five Legal Steps Florida LGBT Parents Should Take

[Related:  In A Florida Child Custody Case, Does It Matter That I Am Gay?]

[Related:  In Which County Should I File My Florida Adoption Case?]

Tampa’s domestic partnership law recognizes the following rights for registered partners (to the extent that these rights are not superseded by other laws or ordinances or by contract):

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Do Fathers Ordered to Pay Child Support Have Custody Rights?

I see it all the time.  A mother requests state welfare benefits, and the Florida Department of Revenue inquires as to whether the mother is receiving child support from her child’s father.  The answer is no, and the Department of Revenue then initiates an administrative action to get the father to financially support his child.

Sometimes, the father admits that he is the child’s parent, and other times paternity is established through genetic testing, but the ultimate result is that the father is ordered to pay child support.

So, then, since he is paying support, does the father automatically get custody rights?

Though a mother should encourage a loving and continuing relationship between her child and the child’s father, the father does not automatically get custody rights.

However, the father can establish those rights.

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Disparaging The Other Parent Hurts Your Child And Your Florida Child Custody Case

Rosalind Sedacca, a divorce and parenting coach and author, writes about why parents should not bash one another in front of their children:

When you put down their other parent, your children are likely to interpret it as a put-down of part of them. When both parents are guilty of this behavior, it can create a great confusion along with a sense of unworthiness and low self-esteem. “Something’s wrong with me” becomes the child’s unconscious belief.

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Appellate Judges Discuss Collaborative Divorce in Meeting of Hillsborough and Pinellas Family Law Attorneys and Judges

I recently had the opportunity to attend a joint meeting of the Tampa Bay Family Law Inn of Court and Pinellas County’s Canakaris Inn of Court.  The guest speakers were three judges from Florida’s Second District Court of Appeals:  Chris Altenbernd, Edward C. LaRose, and Robert Morris.  I had the opportunity to discuss collaborative divorce with the appellate judges.  The following excerpt of a Collaborative Divorce Institute of Tampa Bay article describes a portion of the meeting and my discussions:

 Judge Chris Altenbernd (who served as chief judge from 2003-2005) observed that, by the time divorce and paternity cases reach the appellate level, both parties have almost invariably already lost:

“You have families that are being torn apart, and the parties are arguing often for the sake of arguing, not putting children’s issues and the families’ financial future first.”

Judges Edward C. LaRose and Robert Morris agreed.

The Second D.C.A.'s Judge Chris Altenbernd and CDITB Membership Chair Adam B. Cordover Discuss Collaborative Divorce (April 4, 2012)

The Second D.C.A.’s Judge Chris Altenbernd and CDITB Membership Chair Adam B. Cordover Discuss Collaborative Divorce (April 4, 2012)

Judge LaRose then asked the attorneys in the audience whether collaborative practice was being utilized in Pinellas and Hillsborough counties. Collaborative Divorce Institute of Tampa Bay membership chair Adam B. Cordover answered their question. “The practice of collaborative family law is growing in Tampa Bay. Last year, the Collaborative Divorce Institute of Tampa Bay provided training to instruct more attorneys, mental health professionals, and financial experts on how to handle collaborative divorce cases in a way that is private, individually-tailored, respectful, and takes into account the best interests of any children involved.  In short, we collaborative professionals are carrying out the ideal of ‘therapeutic jurisprudence.’”

Judge Altenbernd later relayed to Mr. Cordover that he supports the collaborative process, especially in divorce cases where issues of child custody and parenting plans are involved.  ”I just think more people need to seriously consider the family-focused process of collaborative divorce rather than fight it out in the court system.”

Attorney Adam B. Cordover has completed advanced training in interdisciplinary collaborative family law.  He is on the Board of the Collaborative Divorce Institute of Tampa Bay and is a member of the International Academy of Collaborative Professionals.

If you have questions regarding collaborative divorce and you wish to speak with a Tampa Bay collaborative attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or by completing our online form.

TMH v. DMT: Florida Appellate Court Recognizes Parental Rights of Both Lesbian Mothers in Case of Fertilized Egg Transplant

Here’s the story:  Two women are in a committed lesbian relationship when they decide to have a child together using reproductive technologies.  One woman (the “Genetic Mother”) supplies the egg and has it fertilized.  That egg is then implanted into her partner (the “Birth Mother”) who gives birth in 2004.

Related:  Five Legal Steps Florida LGBT Parents Should Take

[Related:  In A Florida Child Custody Case, Does It Matter That I Am Gay?]

[Related:  In Which County Should I File My Florida Adoption Case?]

The child is given a hyphenated last name, combining the names of the Birth Mother and Genetic Mother.  Birth announcements are sent out, proclaiming both partners to be mothers of the child.  The partners reside with one another and the child in Florida, and they all live happily ever after.

Until 2006, when the Birth Mother and Genetic Mother break up.

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