Tag Archive for: time-sharing

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.

Parenting Coordination: By the Numbers

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Section 61.125, Florida Statutes, establishes an alternative form of dispute resolution, known as parenting coordination, for parents attempting to establish or implement a parenting plan.  This process involves a facilitator (referred to as a parenting coordinator) who is usually appointed by a judge to (i) teach techniques in co-parenting and (ii) make recommendations so that the parents are able to better work together in furthering the best interests of their children.  I find that parenting coordination is most often useful in high-conflict child custody situations.

In the most recent edition of Commentator magazine, psychologist Debra K. Carter reveals the results of a study conducted by the Florida Chapter of the Association of Family & Conciliation Court as well as the University of South Florida regarding parenting coordination:

[E]ighty-two percent of Survey respondents use a formal parenting coordination contract with their clients.  Sixty percent charge their clients by the hour with standard fees ranging from $90.00 to $220.00 per hour.  Seventy-eight percent reported that fees were always split 50/50 between the parties.

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Study Shows Good Father-Child Relationship Can Temper Negative Effects of Divorce

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In a recent article in the Commentator Magazine entitled The Negative Impact of Divorce on Children, psychologists Lori Wasserman, Sheila C. Furr, and Theodore Wasserman discuss several studies which follow children before, during, and years after their parents divorce.  The article relays negative effects that divorce can bring out in children, including (i) difficulty in school, (ii) more behavioral problems, (iii) self-concepts that are negative, (iv) more problems with peers, and (v) more trouble getting along with their parents.

The article notes, however, that a close father-child relationship may help stem these negative effects:

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Audio: The Difference of Collaborative Law Part 2

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Attorney Juliette Ford continues her discussion on the differences between collaborative family law and traditional family law in the following clip:

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

If you would like to speak with a collaborative lawyer and learn how the collaborative process can help your family, call The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our contact form.

Audio: The Difference of Collaborative Law Part 1

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In the clip below, Australian lawyer Juliette Ford discusses the differences between the traditional divorce model and the collaborative family law model:

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

If you would like to speak with a collaborative lawyer and learn how the collaborative process can help your family, call The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our contact form.

Will Collaborative Divorce Work in Your Case?

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The collaborative law process may not be for every case.  The Collaborative Divorce Institute of Tampa Bay has some suggestions to help you determine whether the collaborative approach is right for you:

Perhaps you are ready for a divorce but are unsure of whether to approach the matter using the traditional court-based solution or whether you should turn to the new growing phenomenon of Collaborative Divorce. How do you know if this alternative is right for you?

If you wish and are able to:

  • Maintain a tone of respect, even when facing a difficult decision or disagreement.
  • Prioritize the needs of your children.
  • Listen objectively and consider the needs of you and your spouse equally.
  • Work to devise creative and unique solutions to your issues.
  • Plan for the future by reaching beyond your current frustration.
  • Behave ethically when interacting with your spouse and other Collaborative professionals.
  • Maintain control of the divorce process and not relegate it to the courts if a difficult situation arises.

Then Collaborative Divorce is a workable option for you. If this sounds like a comfortable solution for you we suggest you talk to a Collaborative lawyer or other Collaborative professional about your situation so they may help you make your final decision.

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

If you wish to schedule a consultation with a collaborative lawyer, call The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our contact form.

Video: Collaborative Divorce Discussed on the Today Show

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In the video below, collaborative divorce is discussed on NBC’s Today Show.  A couple and their attorneys delve into the benefits and process of this innovative type of family law practice:

As alluded to above, collaborative divorce is a team-centric model.  It is ideal for cases in which children are involved, as the collaborative team focuses on finding ways to maintain civility and a modicum of normality in difficult times.   Clients are in control of the process, as it is outside of the court system and that institution’s often-times rigid schedules and procedures.  Further, privacy is maintained because discussions are confidential and held within private offices rather than in open court.

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

Is Florida the Correct State for My Child Custody Issue?

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Under chapter 61, Florida Statutes, a Florida court generally has jurisdiction for a new custody case (such as (i) divorce involving children’s issues/parenting plan, (ii) paternity/ establishment of time-sharing schedule, or (iii) temporary or concurrent custody of a child by a relative) only if one of the following is true:

  • The child has lived in Florida for at least six months immediately prior to the case being filed (even if the child is or has been temporarily absent from Florida);
  • The child has moved from Florida within the past six months, but prior to that lived in Florida for at least six months; or
  • No other state or country has jurisdiction over the child (or the court of the child’s home state or country has declined jurisdiction) and the child has significant connections to Florida.

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How Do I Discuss My Divorce With My Child?

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Once a couple makes the decision to separate or divorce, one of the most difficult steps will be to discuss this decision with a child.  Risa Garon, a licensed clinical social worker, certified mediator, and Executive Director of the National Family Resiliency Center, Inc., provides the following advice regarding how to discuss an impending separation or divorce with a child:

1. Before you tell the children, speak to your spouse and decide what you will tell the children. Both parents should have the opportunity to speak.

2. Say what you think will be most helpful to them. Many parents want to tell exactly what happened in their adult relationship to their children. Parents can explain to their children how what they want to tell them will help them in understanding the separation.

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