Jacksonville Divorce Lawyer Blog

As a military town, Jacksonville divorce and family law attorneys, along with the courts, must understand that military duty may impact a divorce proceeding or other court matter, but also will most likely impact child custody and visitation matters at some point. Florida laws have made provisions for those in the military when it comes to custody; visitation; time-sharing; and child support matters if the servicemember is on active duty and set for deployment. Florida does not punish members of the military for serving their country by assuming that is in the best interest of the children to be with the nonmilitary parent. In fact, the law provides that if a servicemember is set for deployment, then the time-sharing plan may be modified in a couple of ways:

1. The court may grant a temporary modification of time-sharing and child support and upon the return of the servicemember parent, the prior order will go back into effect. Also, the court may grant extended time-sharing for periods when the servicemember is on leave. This way there are no permanent changes to custody or time-sharing, but simply an order to get from the time of deployment to returning home; or

2. If the deployment will be for more than 90 consecutive days, then the servicemember can actually designate a third party to have time-sharing in accordance with the original order. However, that individual must be a family member or stepparent. If the other parent objects, then that parent must show why it is not in the best interest of the children to have time-sharing with the designated family member of the serving parent.

The Court’s position is not to punish individuals for serving their country, but to look after the best interest of the children while that parent is on active duty. Upon returning home, Florida Statute 61.13002 provides for the prior order to go back into effect so as not to impose a permanent change in time-sharing simply because duty to country exists. However, the statute also recommends that the provisions that will be in place during times of deployment be placed in the original order as to avoid future necessity of the court’s intervention since there may be significant time issues with notice of deployment and actually leaving. The State has also provided that such matters are to be heard on an expedited basis by the Court and the servicemember may appear by telephone if she or he is unable to appear in person due to their military orders.

Continue reading "How Can Military Duty Impact Time-Sharing or Visitation with Children in Florida?" »

Paternity cases and divorces involving children revolve around the best interest of the child standard in Florida. Over the years, the Florida legislature has attempted to make the process less adversarial as it relates to child issues like custody, visitation and parental responsibility. In its attempt at doing so, the legislature changed a number of things including the terms used, so instead of visitation we now say, “time-sharing plan,” and instead of custody we say, “primary time-sharing parent.” As a Jacksonville divorce and family law attorney, this change in terminology helps, but it does not resolve the issues that surround such legal actions because parents do not want typically want to go days without seeing their children when it comes down to development of a time-sharing plan, so the Court can appoint a parenting plan coordinator to evaluate the parents, the children, the environments and then make a recommendation to the court based on that evaluation.

A parenting plan coordinator is available through Florida Statutes, and can be appointed by the Court upon a party’s motion. Often, the coordinator is a psychologist trained to deal with family matters, such as those related to a divorce or paternity case. Also, the coordinator’s background in psychology lends way to his/her understanding for an in depth analysis of the parties as they relate to the children. Ultimately, the parenting coordinator is tasked with the job of evaluating both parties and the children to determine what is in the best interest of the children as it relates to a parenting and time-sharing plan.

A parenting coordinator is a nice tool to use during a divorce or paternity case when the parties do not agree upon visitation. The parenting coordinator is able to do a more detailed analysis of the parents and their relationship with the children and help the Court and the parties see what may truly be best for the children. Since the coordinator typically meets with the children outside of the presence of the parties, the coordinator has an opportunity to hear the children’s concerns and interests for their own futures, thus giving them a voice. Since children do not get to testify in Court unless they are deemed an age and maturity to handle the situation, often the coordinator is the kid’s only line to the judge. Determining the best interest for children is not an easy task, so arming yourself with a coordinator that can look at all sides of the situation and provide an objective perspective can be a very useful tool when dealing with such matters.

Based on Florida Statute 61.122, the parenting coordinator is believed to be operating in good faith on behalf of the Court and not on behalf of a party. If one party does not believe that the parenting coordinator acted or operated in good faith, then Florida Statute 61.122 allows for that party to file an administrative complaint with the judge. If good cause is shown to the Court that the psychologist was not operating in good faith, then the Court may appoint another coordinator to complete the evaluation.

Divorce and custody battles can put a strain on a family, especially the children. Florida divorce and custody laws provide provisions that are designed to make the battle easier on the family by keeping the children in the forefront. To that end, Florida laws have changed in the last few years to include name changes, such as time-sharing instead of custody/visitation and the development of a parenting plan to help parents think through the issues that may arise for the child.

Florida Statute 61.046(14)defines the parenting plan as, “…a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration.” The idea is make the parents and the court aware of issues that have existed and may exist in the future while trying to raise a child separately.

Each family is different, so you should speak with a Florida family law attorney regarding your case.

Florida divorce and paternity cases can involve issues regarding parental responsibility. Parental responsibility is the term used to define the actual building of parent/child relationships and parental decision making for children. When both parents are mentally healthy, stable and responsible individuals there is normally not a question of the division of such responsibilities, they will be shared. However, what happens if one parent is absent and remained absent from the child’s life or one parent has a severe drug addiction; will the parents still be required to make decisions together?

Florida Statute 61.046(17) defines shared parental responsibility as both parents having equal share in major decisions involving the children (i.e. school; non-emergency surgeries, etc. If it is not in the best interest of the children for the parents to share these decisions, then Florida Statute 61.046(18) defines sole parental responsibility as a court-ordered relationship in which one parent makes decisions regarding the minor child. This is normally an issue when the Court or parties agree that one parent is more likely to take responsibility for the children and the other party is less likely to be able to engage in such decision making as would be required during the life of the children.

You should speak with a family law attorney about your rights and options regarding matters involving your children when going through a divorce or paternity action.

Florida divorce and paternity cases often revolve around one parent saying they want “sole custody.” However, there is a difference between “sole custody” and parental responsibility in Florida Statutes. Florida divorce statutes define many terms, including parental responsibility.

Shared parental responsibility is defined by Florida Statute 61.046(17) as when both parents have parental rights of the child and share responsibility for the child’s upbringing. This is typical in most cases because both parents have a responsibility to be a parent to the child and to make all life-related decisions for the child, together, regardless of the geographical location of the parents.

If you are going through a divorce or paternity case in Florida, then you should speak with a family law attorney about your rights and options.

Florida courts make a plethora of decisions regarding children. These decisions range from timesharing and decision making, safety and permanency planning, and proceedings for termination of parental rights. Whenever courts make such decisions, it must consider whether its decision would be in the “best interests” of the child. Most States have a statute requiring that the child’s best interests be considered whenever certain types of decisions regarding a child’s custody, placement or other critical issues are made. Although there is no specific Florida statutory definition of “best interests of a child,” the concept typically refers to the deliberation that courts undertake when deciding what type of services, actions and orders will best serve a child as well as who is best suited to take care of a child.

During a Jacksonville Florida child custody proceeding, the court will consider a number of factors to determine the “best interest” of a child. These factors may include the love, affection, and other emotional ties between the parents and the child; the mental health, physical health and morality of the parents; and most importantly, which parent is more likely to encourage contact between the child and the other parent. For a complete list of the best interests factors, see Florida Statute 61.13.

Jacksonville Florida parents can write a parenting plan to decide how they will divide their children’s time after a divorce. The plan provides a roadmap for the child’s future, and is the most important document in a Florida divorce with children.

A parenting plan approved by the court must at a minimum: describe how parents will share and be responsible for the daily tasks associated with the upbringing of the child, the time-sharing schedule arrangements that specify the time that the child will spend with each parent, a designation of who will be responsible for health care, school-related matters, other actives, and the methods and technologies that the parents will use to communicate with the child.

A parenting plan has two separate components: (1) decision making- parental responsibilities and privileges to make decisions relating to the health, education, and welfare of the child, and (2) time sharing- where the child lives at any given time and contact with the other parent. These two aspects are distinct and must be examined according to the best interest of the child.

In Florida, a statutory presumption exists that shared parental responsibility is in the best interest of a child. The burden is on the party opposing shared parental responsibility to demonstrate that it will be detrimental to the children. With shared parental responsibility, both parents retain full parental rights and responsibilities with regard to their children and confer to make mutual decisions about the children.

A “time-sharing schedule” is a timetable that is included in the parenting plan, which specifies the time that each child will spend with the parent. Florida Statute 61.13(4)(c) provide the court with specific means to enforce the time-sharing schedule in the parenting plan. When a Jacksonville parent refuses to comply with the schedule without proper cause, the statute lists a number of sanctions that the court may impose. For more information on parenting plans, see the Florida Statutes.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida child custody cases are decided in the best interest of the child. Florida law changed in 2007 to change custody to time-sharing and the court does require a time-sharing plan. However, there has been a presumption that time-sharing means that parents have 50/50 child visitation. In 2011, the Florida legislature made it clear, through new changes to the statute, that time-sharing is not to be presumed equal for the parents. Therefore, prior case law should now be ignored on that basis and the parents, in developing time-sharing plans, must keep the best interest of the child at the top of their goals, otherwise the court will enforce what it feels is in the child's best interest.
In a custody battle, the court may require the parties to get a parenting coordinator or social investigator to help determine the best interest of the child. These individuals are trained in meeting with parents and children to determine what the dynamics are and help the court better understand the parental issues. Speak with a family law attorney about your rights and what option may be best for your case.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In a Florida case involving children, whether a divorce or paternity action, the court requires that the parents have a time-sharing plan and a parenting plan. A Florida parenting plan lays out parameters for the parents to follow while they try raising children in separate households. If the parents cannot agree on a parenting plan, the court may require them to participate in a Social Investigation as defined by Florida Statute 61.20.

Who can be a Florida Social Investigator? In order to be used in a family law case, the social investigator must meet the following requirement: be staff qualified by the court; an agency licensed to handle child-placement; a psychologist; a social worker, licensed marriage/family therapist; or a licensed mental health counselor. If either party submits a certification of indigence and the court does not have a qualified staff member to perform the study, then the court may require the Department of Children and Families to conduct the investigation. If a party does not qualify under the indigent status of Florida Statute 57.081, then the cost for the social investigation is to be shared by the parents.
Speak with your attorney about any issues you feel that a social investigation is necessary in your case.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In a Florida divorce or paternity action, if time-sharing cannot be agreed upon by parents, then the Court may require, or the parties may agree, that a parenting coordinator may be helpful. A time-sharing plan must be established for visitation in Florida, so a parenting coordinator can assist parties in developing one, or can give recommendations to the Court for one. A parenting coordinator must remain neutral to the situation and must meet the statutory requirements in order to be used in a divorce or paternity case.

Who can be a Florida parenting coordinator? According to Florida Statute, 61.125, a parenting coordinator must be one of the following: a licensed mental health professional, a physician certified by the American Board of Psychiatry and Neurology, have at least a master's degree in mental health and be a certified family law mediator, or be a member of the Florida Bar in good standing (i.e. a lawyer). The individual must be in good standing with any of the licensing or certification boards that they are on.

In addition, based on the need for the parenting coordinator must complete the following educational requirements: complete 3 years of post-licensing or post-certification practice; take and complete a certified mediation training program; take at least 24 hours of training in parenting coordination including ethics, coordination concepts, techniques, etc.; and complete at least 4 hours of domestic violence and child abuse training as it relates to parenting coordination.

If you believe that a parenting coordinator is right for your case you should speak with your divorce or paternity lawyer.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida time-sharing is not just for condos anymore. In a Florida divorce, involving children, the court now looks at time-sharing plans to determine the visitation schedule. So, what is a time-sharing plan?
A Florida time-sharing plan in a divorce is a plan that parents use for their visitation schedule. A time-sharing plan is not designed to start with a 50/50 visitation plan, but to develop a schedule in the best interest of the children and to help parents avoid fights along the way. The time-sharing plan should address issues like school, holiday and vacation schedules. The idea is to put the children in the best situation to develop a bond with each parent in a fair way.
If the parents cannot agree on a time-sharing plan, then the court may devise one based on numerous conditions. If the parents are arguing over majority time-sharing, then the court may require the parents to meet with a parenting coordinator or have s social investigation completed.
A time-sharing plan should be discussed with your divorce or paternity attorney to better understand your rights and options.

Divorce is more prominent with families that have twins according to a recent study completed by Dr. Anupam Jena of Massachusetts General Hospital. The study looked at over 800,000 families since the 1980 census that claimed to have twins. Of that number, the study found that in families where twins were the oldest that 14% of the mothers were divorced from the father of the twins, which led to the conclusion that twins led to a greater increase in divorce for families. However, the increase in divorce is slight since mothers with only a single eldest child reported divorce 13% of the time.

Divorce can manifest in a number of ways, including income changes, stress increases, expense hikes, etc. When two children are the same age it does take a financial hit on a family because there is not the ability to pass down clothes, cribs, etc. In addition, two babies staying up all night puts both parents in a sleep deprivation, which can lead to stress increases. The parents can manage these factors, so simply having twins does not predetermine your marriage failing, but failing to recognize the stresses and addressing them together can lead to divorce.

If you are thinking of filing for divorce, it is a good idea to find out your rights and options by speaking with a Jacksonville divorce lawyer.

Children in a divorce can significantly impacted by the divorce if parents do not take proper precautions and try to make the transition easier on children. According to a new study, there is a link between kids of divorce and suicide. The study quickly gives a disclaimer, as will I, that this does not mean that children of divorce are going to commit suicide, it simply shows that children can be impacted significantly unless parents take precautions to help with the transition.

The study conducted by Esme Fuller-Thompson, a professor at the University of Toronto, showed that men from divorced families are three time more likely to consider suicide and that women of divorce have an 83% higher chance of considering suicide. The study indicates that while they did research on a number of individuals there are certain factors missing, including how much time parents spent with the children post divorce. In addition, the number of suicidal ideations decreased for women when abuse and addiction situations were removed. However, for men, the number remained the same with those factors removed. The overall basis of the study was to see the correlation, but the study failed to find out what the root cause is, which led to the speculation that men often lose their male role model in a divorce and that lack of male influence has a strong impact on men as they grow from boyhood.

Florida timesharing allows for parents to think about kids first without first thinking about "custody". Timesharing replaced the terms, "custody" and "visitation" in 2007 to help put children first in the divorce. The idea is that parents do not need to look at children as property, but as kids that need guidance from both parents and hopefully, as both parents put the children first during and after the divorce the findings from the study will decrease over time.

Continue reading "Florida Timesharing and Divorce: Link Between Kids of Divorce and Suicide " »

Children are misplaced in a divorce. Florida law has tried to counteract the effects of divorce on children by providing parenting class requirements and changing custody to timesharing and parenting plans. However, a recent study shows that maybe the changes are not all that is needed, but an actual understanding of the psychological impact divorce has on children. The study done by the University of Wisconsin-Madison showed that the living environment surrounding the kids before divorce proceedings does not have as much impact as actually starting the divorce proceedings.
The study took 3,585 students ranging from kindergarten to fifth grade and examined the impact on divorce on the children. The kids in the study were compared to those in stable, intact families. The most impacted area of the children were in their math studies since it is the one that builds on itself and requires foundation for future learning (1+1=2 is beginning to multiplying). The study’s researcher, Hyun Sik Kim, attributed the setbacks to not only a change of environment, but also the balance of time with each parent and economic changes based on the parents each being impacted by changes in income (child support, one income family, etc.).
Before proceeding forward find out what you can expect in the immediate and distant future by speaking with a lawyer in your area.

Timesharing and divorce can impact children in school, home and socially according to a new study. In a Florida divorce involving children, parents are encouraged to look at visitation as timesharing with the other parent and to develop parenting plans so that they can resolve issues together rather than at odds with each other. However, a recent study done at the University of Wisconsin-Madison showed that divorce first begins impacting children once they proceedings start.
Florida divorces involving children require that parents attend a parenting class to help them better understand the effects divorce may have on their children from beginning to end. Divorce does not just end with a judge making a decision, but will continue throughout the lives of the children since both parents will live in separate homes.
Florida adopted timesharing plans to help put kids at the front of the parents minds when going through a divorce. However, if parents are not willing to change their reactions or ways of handling a divorce, then the children will remain negatively impacted. If you are thinking of divorcing, it is a good idea to speak with a lawyer about your divorce and your concerns involving children before actually filing for divorce.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Divorce impacts families from the parents to children and often children want to have a say in where they live. Florida recognizes that children need to be considered in a divorce and has established that a time-sharing and parenting plan should be established for the benefit of the children by taking into consideration the school and extracurricular activities of the kids. In addition, the time-sharing plan should provide time for each parent to develop a parent-child relationship though they may not live in the same home on a daily basis.

However, often I have clients ask if their child can tell the judge where the child prefers to live the majority of the time. In Florida, child testimony is allowed if proper leave of court is requested and the Judge finds that the child is an age (generally over 11), maturity and understanding of the proceedings to provide proper testimony. The court must also determine if the child's testimony will be detrimental to the child's mental health and whether the child can testify in front of all parties or only in front of the judge. In Jacksonville, Florida typically if there is a dispute as to which parent will have majority time-sharing, the court will require a social investigation and during that investigation, generally conducted by a psychologist, the children will be interviewed.

If you have a divorce where child time-sharing is an issue, you should speak with an lawyer to find out your rights and options.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Holiday Visitation can be challenging when going through a divorce and sometimes even after the divorce is over. Emotions are often heightened during a holiday so rational negotiations can be a challenge. If necessary, you may seek help from a third party such as a mediator or lawyer to reach an amicable resolution.

When establishing a timesharing plan, it is important to first think in terms of the needs of the children such as their school schedule, sports schedule and the like. Once you know those perimeters be fair to the other parent by truly thinking about what holidays and events are most important to you and your extended family. That may help you to establish a Timesharing plan that is workable now and in the future.

When establishing a parenting a d timeshare plan it is good to speak with a family law attorney to help explain your rights and options.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Using emails in your divorce or paternity case can be challenging. As a family law attorney in Jacksonville, Florida, I often have clients come in with emails that they want me to introduce to the court. However, simply because it exists does not mean that the email can be provided to the court to establish your case. Divorce and paternity cases often lead to the parties communicating through email so the emails often have information that is emotionally charged for both parties.

To use the emails, the court has to be able to verify that the emails are authentic to the parties and having that established takes understanding for rules of evidence. Authenticating an email may be through instant reply, nicknames, information unique to the parties, etc.

If you are going through a divorce or paternity case and have email communication that may be beneficial to your case, you should speak with a family law attorney.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

time-sharing plans (visitation plans) are applied differently throughout Florida. Some courts have taken the time-sharing law that replaced visitation in 2007, to mean that children should spend equal times with each parent. In Jacksonville and the northeast Florida region, the courts often try to steer away from a 50/50 time-sharing plan because it is not felt to be in the best interest of the children. However, many central and south Florida courts have interpreted the language to mean that the parents should have equal time. The Florida Supreme court rendered an opinion on the statute saying that the measure is still best interest of the children and the starting point is not intended to be a 50/50 visitation split. So, what if you have 50/50 time-sharing and as the kids grow older you realize that they are nor doing as well on such a schedule?

Time-sharing plans can be modified using the beat interest of the child as a measuring tool for a substantial change. If the children are not functioning well in school, feel stressed or emotional due to the division, or are simply not adapting well, then the court may establish a different time-sharing plan. The parties may also agree on a division they think is better for the kids and that plan can be entered with the court.
When thinking of a time-sharing plan, it is important to think of the child's school and extra curricular activities. If the kids have friends in one parent's neighborhood and not the other, then their social life is changed with each house switch. Keep these things in mind when deciding on a visitation/time-sharing schedule because ultimately the kids need to be happy and able to function at school and in their family time.

If you are going through a divorce or paternity case it is important to speak with a lawyer that can explain your rights and options in developing a time-sharing plan.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In a Florida divorce or paternity case establishing a parenting and time-sharing are vital in dealing with visitation issues. However, if you live out-of-state during the divorce or paternity case, then the time-sharing plan may depend on your situation. For example, if you are in a paternity case and just found out that you have a child, then a judge may not require the child to simply get on a plane for you to see your child. What may happen is that you transition into a time-sharing plan where the child eventually will visit you at your home. In the meantime, you may be required to come to Florida to establish a relationship with the child so that the time-sharing can then be scheduled at your own home. If you already have a relationship established with the children, then other factors will be how far you live; transportation abilities; school schedules; etc. The Judge will look at these factors to help establish the best time-sharing schedule for all parties, including the child.
If you are in Jacksonville, Florida, then you may be asked if you are interested in what were previously 4th Judicial Circuit Long Distance Guidelines. They basically separate out holidays, summer vacation and three day weekends so that the long distance visits are lucrative for the parent and child to share bonding time.

Continue reading "In Florida, What Visitation or Timesharing Should I Expect With My Children if I Live Out-of-State" »

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Summer visitation can be a challenge for those recently divorced or having gone through a paternity case. Any case involving children has to have a time-sharing plan, which establishes the visitation schedule for the children with each parent. Often, school holidays are divided up, including summer vacation. For those getting use to the plan, summer can be a little difficult to understand. First, it is important to refer to your time-sharing plan and calendar the time. If you live in Jacksonville, Florida or surrounding areas, then you may have what are considered guideline plans. This plan should give a start date for the parent that is meant to have the first half of summer with the children. When that parent is seeing the children the first half, the other parent would have alternating weekends. In essence, what happens is that the normal schedule is simply transferred to the other parent during that time. However, it is also important to see if you have both been given actual vacation time, which is often two weeks of uninterrupted time. Any of these dates and calendaring should be done with both parents so as to avoid confusion down the road.
If you have questions involving your time-sharing plan, you should speak with a family law attorney.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Paternity establishment can be done by either admitting and swearing to the fact that the child is that of the father (the father must sign) or by submitting to DNA scientific testing. If the father is the one petitioning the court to establish his paternal rights, then he is stating to the court that he believes himself to be the father of the child; however, the mother may contest the establishment by requesting a paternity test be done. If the mother has filed the petition, then the alleged father may move the court to require the mother to provide the child for scientific testing so that the DNA test can be completed.
If a child is born out of wedlock, then the father's rights can only be established by the court and not by the signing of the birth certificate. Establishing parental rights also means providing for the child through child support payments and establishing a parenting and time-sharing plan for the benefit of the child to have a relationship with both parents. If the mother files a petition to establish paternity and only asks for child support, the father can still request time-sharing with the child by filing a counter-petition for the same. If you are going through a paternity issue, you should speak with a lawyer that handles family issues so that you can better understand your rights and options.

Paternity cases in Florida often require two actions to be taken, such as follows:
1. A Petition to Establish Paternity: Often filed by the mother against the father, so it only requests child support the majority of the time.
2. A Counter-Petition to Establish Paternity and a Time-Sharing/Parenting Plan. This is generally filed by the father to guarantee that he has visitation with the child, which is referred to as a time-sharing plan in Florida.
If you are trying to fight a paternity action, as the father, then you will also need to file a Motion for DNA testing so that the DNA test is completed before filing a counter-petition.
If you are dealing with a paternity case, it is good to speak with a lawyer that handles family law cases in Florida so that you can best understand the process and your rights and options.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida child support is determined by the income of both parties. Florida has child support guidelines that provide a calculation to figure out what is owed to a parent.

Florida child support guidelines are based on the income of both parties, what their combined incomes are and what each parent's share is to that total. For example, if you both make $5,000 per month then you have equal shares to the combined total of $10,000 per month. Therefore, child support is based on the needs of the child and divides that need by 50% to the parent having time-sharing.

Florida child support guidelines also factor in the time-sharing split. The idea is that if you are both spending 50% of your time with the child and making equal money, then no child support should be owed because you are equally responsible for the needs of the child.

When determining child support there are a number of other factors put into the equation, such as: insurance costs for the child; daycare costs for the child; and other factors. To best understand the calculation you should speak with a family law attorney.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Is there such thing as regular visitation in Florida and what does guideline visitation mean? Time-sharing has replaced term visitation in Florida and primary time-sharing parent has taken the place of custodial parent. So, with visitation having changed does that mean that visitation guidelines have disappeared? In some jurisdictions, such as Duval County, Florida, the guidelines exist for purposes of assisting with a time-sharing plan, but are no longer the standard used by the court.

Jacksonville is located in the 4th Judicial Circuit, which means that those guidelines still help lay a foundation for the standard, but are no longer court ordered guidelines when the parents cannot agree on a time-sharing plan. What the guidelines suggest is that the primary time-sharing parent have the child the majority of the time and the non-residential parent have the child once per week, typically on Wednesday, from the time school gets out until around 8 p.m. and every-other weekend from Friday when school gets out until 6 p.m. on Sunday evening. Holidays alternate by years, such as on parent will have time-sharing on Thanksgiving in even-numbered years and Christmas in odd-numbered years. Summers are generally split where each parent has one-half of summer and during that time the primary time-sharing parent goes on the same time schedule as the other parent has during the year.

If you are looking for a standard to apply to a time-sharing plan this is one that provides for flexibility because it was designed to be the "minimum" amount of time-sharing by the non-primary time-sharing parent. However, if you and the other parent can agree on a separate plan, then that can be incorporated into your time-sharing and parenting plan. If you have concerns about time-sharing and know that you and the other parent do not agree, then a parenting coordinator may be necessary. You should speak to an experienced lawyer in order to better understand your rights and options regarding time-sharing and other issues.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

What do shared and sole parental responsibility mean when going through a divorce or family law action in Florida? Parental responsibility gives parents the right to make decisions they feel are in the best interest of their children, such as the following: public or private schooling; participating in sports; seeing grandparents; etc. When a family is divided through divorce or circumstance (i.e. a paternity action), then there becomes a question of whether one parent should get to make those decisions or if the responsibility should be shared equally by the parents (e.g. sole parental responsibility or shared parental responsibility).

In most cases, the Court will award shared parental responsibility to the parents involved in the litigation. The idea is that while the parents may not see eye-to-eye on all things, they should be able to come together for determining the decisions that go to raising their children since they chose to have children together. A parenting plan can establish certain guidelines that will be enforceable by the Court if the parents are unable to agree on certain things and there can a provision in the final order for the parents to attend mediation if they cannot reach a decision together.

In some cases, one party may continuously make decisions that have been harmful to the children (i.e. excessive drinking). If there has been a pattern of behavior of the parent not caring for the children or a parent not making decisions in the best interest of the children, then the other parent may request or petition to the court that the other parent not get to exercise parental responsibility on the bigger decisions regarding the children (i.e. private or public schooling).

If you are seeking to get sole parental responsibility, then you should speak with a lawyer that works in family law matters of this magnitude. Understanding your rights and options is best when moving forward with your divorce or paternity action.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

When should I fight for custody of my kids in Florida? Florida no longer recognizes custody as an issue in divorces, but has established the term, "time-sharing." However, the same principals apply as previously, which include determining the parent that should have the majority time-sharing with the children. Often, parents can agree that one parent has been with the children the primary amount of time during the marriage and that things should remain as they have been with other parent receiving alternating weekends and some weeknight visitation (i.e. time-sharing). However, other situations exist where both parents have been around the children an equal amount of time, both feel they participate equally with the children and both feel they should have the children the majority of the time, that is when a custody or time-sharing battle may ensue.

In determining the time-sharing plan for the children, the first question is, "What is in the best interest of the children?" Courts, judges and lawyers all have differing views of this question since it is one of opinion more than law. However, the Florida legislature has established certain provisions that need to be met for a parent to qualify as the primary time-sharing parent. The Florida law on these matters includes looking at which parent is likely to promote a healthy relationship with the children and other parent; which parent is likely to foster a nurturing home for the children; etc.

These questions can be answered by the Judge, but often in cases involving a dispute, the judge may require the parents meet with a qualified individual to perform a parenting plan. A social investigation will include a trained and qualified professional to interview both parties and the children and to assess the situation and present a report to the parties and to the Court regarding the investigation.

Fighting for custody (i.e. time-sharing) does involve additional litigation and often additional evidence to be gathered. The process can become very expensive for both parties and you should speak with a lawyer about your divorce before proceeding so that you have a good idea of what to expect and to get a third party perspective of the situation before taking on such a fight.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

As a Jacksonville attorney handling time-sharing issues with a client comes second nature since I grew up in such an environment. For family law clients, dividing holidays, birthdays, and vacations are a concern as they go through a divorce or paternity action. Florida requires parents to file a parenting plan that defines the time-sharing (visitation) plan they will follow. In Jacksonville, Florida, we have the 4th Judicial Circuit Visitation Guidelines, which were designed by the court to make division of time easier on parents when they cannot reach an agreement. Since the parenting plan became a necessity, the guidelines lay out an idea for parents, but are no longer simply followed by the Court, however, they are generally going to be the minimum time-sharing imposed on the parties.

The Florida Parenting and Time-Sharing Plan allows parents to design their visitation plan, but also provides guidelines for handling the needs of the children as they get older. According to the guideline times-haring in Jacksonville and surrounding areas, holidays are divided by even and odd numbered years. However, the parents can develop a different plan if they prefer and can agree otherwise.

When dealing with visitation issues, it is important to keep the needs of the children in the forefront of the conversation. As children get older they will be involved in more activities so being flexible, even to the plan created, is always a good starting point to avoid conflicts over the years. Decide early on that make-up timesharing may be necessary because life will happen and weekends, holidays, etc. may have to be alternated.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida requires that a parent file a Petition for Relocation if that parent has the child the majority of the time and is moving more than 50 miles from the child's principal residence. This petition is required if both parents, or another with rights to the child, do not agree on the relocation of the child.
If the parties are in agreement with the relocation, then they must put the agreement in writing, stating the following:

1. State the consent to the relocation;
2. Definition of the new time-sharing schedule for the parties; and
3. Describe transportation for time-sharing.

The agreement must be filed with the court, but a hearing is not required unless requested by one of the parties within 10 days after filing the agreement with the Court.
If the relocation is not agreed upon, then the petition must provide certain information per Florida Statute 61.13001 and the other party has 20 days from the date of service to file an objection with the Court. If no objection filed with the Court within that time, then it is presumed that the relocation is in the best interest of the child(ren).

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

requirements before filing are that at least one party must be a resident of Florida for at least six (6) months prior to filing a petition and that the marriage is irretrievably broken.

If the marriage is not irretrievably broken, meaning that there is a chance you may get back together, then the Court may require you attend counseling and postpone the divorce proceedings for a reasonable period of time, often three (3) months.
If the Court orders marital counseling or counseling for one of the parties, then the petition is not thrown out, but is put on hold for the time established by the Court.

If you go to counseling for less than the time ordered by the Court and know that you would like to proceed with the divorce, then you may speak with your lawyer about filing a Motion with the Court to allow the divorce to continue.

If you are able to amicably resolve the divorce issues and reach an agreement prior to the trial, then you or your spouse will have to testify that the marriage is irretrievably broken. If that fact is denied to the Judge, then you may be ordered back to marital counseling. However, if the testimony to the court is that the marriage is broken irretrievably, then the Court will most likely enter the agreement as an order of divorce.

Continue reading "In a Florida Divorce, Is Counseling Required?" »

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Filing for divorce in Florida? Florida Statute 61.052 lays the ground work for filing for divorce in Florida. First, you must qualify by being a resident of Florida for at least six (6) months before filing a petition, then you must meet the requirements for a divorce to be granted.

In order to start a divorce, one party must file a petition for dissolution of marriage, which should allege the following: that the marriage is irretrievably broken or one spouse was adjudged mentally incapacitated at least three (3) years preceding the petition; whether there were children born, adopted or expected from the marriage; request for alimony; request child support; request for timesharing/parent plan; equitable distribution of marital assets and debts or unequal if there is a legitimate basis for the request (depletion of marital assets by one party); and any additional requests that may be sought.

The party that is served with the petition must file an answer to the petition within 20 days of the date of service. That party may also file a counter-petition requesting the same or similar things as those pled in the initial petition. If a counter-petition is filed, then an answer must also be filed to that petition within 20 days. Once everything is filed, then you can move on with the divorce by asking for a trial date.

During the time between filing a petition and before trial, there is a period of discovery, where both sides must provide documentation of their assets and debts along with a financial affidavit. There is a timeframe for all of the proper documentation to be provided to the other side.

Prior to attending a final hearing, the judge will require that you attend mediation to possibly settle the case before trial. Mediation is a chance for a neutral third party to assist both sides in working through some of the issues and hopefully settle their case without a trial.

Continue reading "Requirements for Filing for Divorce in Florida" »

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In Florida, to file for divorce, you must reside in the State for at least six (6) months prior to filing a petition with the court. The Florida residency requirement only requires one of the parties to have residence in Florida, to file here and actions can be brought against a party that resides outside of Florida.
An example would be if you and your spouse live in New York and decide to separate and during the separation you move to Florida for at least six (6) months, then you can file for divorce in Florida though your spouse still resides in New York. Typically, if there is an issue with children, the matters involving the children will be in the court where the children physically reside. However, the actual divorce, equitable distribution of assets, etc. can be decided by a Florida court.
The easiest method of proving your residence is by showing the Court a Florida drivers license. If you do not have one or it was not issued six months prior to your filing for divorce, then you can use the following: lease agreement that signed and dated; utility bill, in your name; or anything that may show the court that you have actually resided in Florida for six (6) months. If you do not have one of those available, then you may have a signed affidavit by someone that can attest that you have lived in Florida for the required time.

Continue reading "Florida Residency Requirement for Filing Divorce" »

Written By: Lenorae C. Atter, Attorney

In Florida divorce, paternity, modification or other family law cases involving children, if the parents cannot agree on a parenting and time-sharing plan, then the Court may order a social investigation per Florida Statute 61.20.

A social investigation can be a helpful tool in deciding where the children will reside the majority of the time. When the court orders a social investigation, then the court may appoint the individual handling the investigation by the court's own preference or by agreement of the parties. When the investigation is ordered by the court, the investigator is required to be a qualified staff of the court; an agency that works in child placement and licensed under Florida Statute 409.175; a licensed psychologist; or a licensed clinical social worker, marriage and family counselor, or mental health therapist.

Once the investigator is appointed, the parties and children will attend sessions with the individual and a final report with recommendations for a parenting and time-sharing plan will be provided to the parties and to the court. While the investigation is helpful and often relied upon, it is not a final statement of what will be ordered by the court. The parties can still discuss the parenting and time-sharing plan and may agree on terms that were not necessarily recommended in the report. The court may also review the report and deviate from the recommendations if the parties are still not able to reach an agreement. What the report does provide is a detailed analysis of the situation so that the court can ultimately rule in the best interest of the children, which is the standard in Florida for determining issues involving children.

Continue reading "A Social Investigation for a Parenting and Time-Sharing Plan is a Helpful Tool in Florida Divorce, Paternity and Modification Cases" »

Jacksonville, Florida is in the Fourth Judicial Circuit of courts, prior to the 2007 legislative change from visitation to time-sharing, there was a standard visitation guidelines established by the court. Since time-sharing is a new concept for many people in Florida, the idea of the old “standard visitation schedule” seems to be used frequently in establishing a time-sharing plan. Because such schedules were developed by the court, each circuit court of Florida that used one had something different than the other. The difficulty I see with this issue is that often one parent will do research, find a schedule for visitation and try to apply it without court action. I often have clients call and ask me what “standard visitation,” is because the other parent told them that is what they have to do. Since there are different versions out there, often times my client does not know which one the other parent is even using. The legislative change to establish a time-sharing plan is designed to assist in this issue.

First, the Fourth Judicial Circuit visitation guidelines basically provided the minimum amount of visitation for the non-residential parent. According to this circuit, again each had their own standard; the non-residential parent received the following:
One day per week from after school got out until 8 p.m. one night per week, typically Wednesday; alternating weekends; alternating Thanksgiving from the day school got out until the day before returning to school; alternating Christmas break with one year from the day school got out until Christmas day at 3:00 p.m. and the next from 3:00 p.m. Christmas day through the day before school started; one-half summer and the other parent received alternating weekends; Mother’s Day with mom and Father’s day with dad; alternating birthdays; and other provisions.

If the standard visitation schedule was not working, often parents did not know what else to do because this was the court order and that is what they were going to follow. A time-sharing plan can still use these same ideas; however, it is designed to think through matters more intently so that parents can actually have time with the children greater than a minimum amount. Furthermore, some families celebrate different holidays than those accounted for in the above schedule, so the time-sharing plan takes those factors into consideration. The other thing that a time-sharing plan can assist with is developing a schedule that accommodates the parents and children since they often have more activities the older they get.

In dealing with any matter regarding children, the first step is to determine what the children’s needs are and go from there. Establishing a plan that makes sense on paper does not mean that it is going to be the right schedule in practice. Life is filled with the unexpected and having two households means that the unexpected can happen twice as often. Working through a time-sharing plan allows the parties to think through real issues before going in front of a judge and the plan can often be tweaked by agreement of the parties. In addition, it is an option to place in the plan that if the parties cannot agree on changes, then they will first go to mediation before filing for a modification of time-sharing with the court. This gives an opportunity for the parents to work through their disagreement with a neutral third party and hopefully, ultimately agree on a plan that will work.

It is not a good idea to inform the other party that you are making them go to guideline visitation because they will not understand and will not know to which set of guidelines you are referring. If you provide the parent with the guidelines that you wish to use, then allow him or her time to look over them and decide if they are agreeable. If you both have lawyers, then have yours provide your proposal to the other attorney. This can help in reaching the right time-sharing plan for both parties.

Continue reading "Florida Visitation Guidelines and Time-Sharing Plan" »

Written by: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In Florida, Time-Sharing Plans have replaced the normal visitation schedules previously enforced by the courts. A Time-Sharing Plan is used in Florida divorce and paternity cases in order to assist the parents in scheduling visitation with their children. Visitation schedules, in the past, often provided for visits at times that were not practical for the children or parents. The idea of a Time-Sharing plan assists the parties in keeping the children first in developing the schedule.

In order to prepare a Time-Sharing Plan, often parents use the children's school, events, sports and camping calendars to assist in an accurate schedule throughout the year. Instead of simply saying each parent will have every-other-weekend and half the summer, it actually allows the parties to establish a schedule that can be used year round. In addition, it allows the party that does not have the majority of the time with the children, to spend more time with the kids as it fits into their schedules.

Developing a useable Time-Sharing Plan can be challenging and negotiating is often necessary to reach the best outcome. Understanding your options and knowing there are tools to accomplish a goal of proper visitation time with your children is helpful in reaching the best outcome. The challenge may best be met with the assistance of a lawyer who is experienced in handling such issues because s/he may be able to guide you along the way.

Written by: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In Jacksonville, Florida family law matters, such as divorce, paternity actions, timesharing, and child support must go to mediation before a trial can be conducted. Mediation is a court ordered process that allows parties to reach an agreement, with the help of a neutral third party, without having all issues decided by a judge.

Typically, when a family law case begins a petition for the action is filed with the court. Once the opposing party files an answer the case is then brought to court for the judge to determine a trial date and order the parties to mediation. A mediation, which is a neutral third party trained in mediating (assisting parties to reach an agreement) is ordered by the court and typically the parties will agree on who will be the mediator. If the parties cannot agree on the mediator, then the Judge will assign one to the case.

Mediation is a good tool because it keeps the decision-making on the parties and their attorneys. The parties have more control over the outcome if they can reach an agreement on the issues. If all issues cannot be decided upon, but some can, then there can be a partial settlement and the remaining issues can be heard at trial for the Judge to make the ultimate decision.

When attending mediation, it is a good idea to keep an open mind and know that negotiations are a give and take. In family law issues, emotions often run high and it is difficult to make a business decision with such emotions. If you can, it is good to have an attorney with you because your attorney can help you better process the information and make a sound decision.

In Florida, going through a divorce involving children can be difficult on the parents and children alike. In determining where the children are going to live, often the parents have to put their wants and wishes to the side and consider the best place for the child. If the parents are unable to agree, then a Social Investigation may be necessary to determine the time-sharing (custody/visitation) and parenting plan to be used once the divorce is final. This is a helpful tool because it takes the arguing away from the parents and places it with a neutral third party, therefore, protecting the kids from a fight.
A Social Investigation in a divorce, is typically done by a non-related, neutral third party that is familiar with such situations and can determine the best time-sharing (visitation) schedule and parenting plan for the children. Sometimes these investigations are done by a licensed psychologist or mental health therapist. The individual chosen, generally agreed upon by both spouses, actually speaks with the mother, father and children to find out what the relationships and the structure of the home are like.
The evaluation is designed to help the Judge assess the family situation and what is in the best interest of the children. It is a helpful tool because it takes the fight away from the parties and places the matters in a professional's hands.

How is child support determined in Florida? Florida child support is based on Florida Statutes 61.29 and 61.30 , which provides the breakdown for calculating child support. The calculation is designed to put the child in the same position s/he would be if mom and dad lived in the same home. The idea is that mom's income plus dad's income equals the child's net household income, so the calculation determines what percentage of the household each parent is contributing. Also, it gives consideration for the parent paying for daycare and the parent paying for the child's health insurance.
Child support used to end on the child's 18th birthday or upon his/her graduation from high school if the child would be 19 at expected date of graduation. It was recently changed and the law now requires that a real date be placed in the child support order so that it self terminates at that time.
Child support previously only provided compensation for time spent with each parent, if the non-primary parent spent over 146 overnights with the child(ren). The law recently changed to give compensation and credit to the non-primary timesharing parent, if that parent 73 overnights with the child, then that is considered "Substantial Time Sharing" and child support is calculated based on the amount of time the child(ren) spends with each parent.
These changes should help reduce the amount of fighting between parents and one parent feeling like s/he is paying too much in child support or requiring that parent to return to court for child support payments to stop once the child(ren) no longer qualifies for child support.

When parents divorce, children usually suffer to some degree. Good parents – those who truly want to put the welfare of their children first – often seek advice on how to successfully parent their way through a divorce.

Therapists who specialize in children of divorce agree that one of the most difficult things for divorcing parents to do is to encourage their children to maintain a great relationship with someone they no longer like. Here are some tips for making it easier:

Recognize that your child needs both a mother and a father to nurture them and be good role models if you want to help them grow up to be a fully functional adult.

Strive to look at your ex solely as a parent, and learn to appreciate what they bring to their children’s lives.

You do not need to have a future with your ex, but your children do. Encourage them to develop a good relationship with the other parent as you would any other healthy activity.
Make it easy for your ex to parent by keeping them up to date on school and extracurricular activities. Encourage their participation.

If you cannot be civil to each other, make it easy for your children not to witness your fights. If you have an argument each time you drop off the kids, make other arrangements with a friend or family member to help.

Work on forgiveness. If you need professional help to deal with your anger, get it. Your suffering impacts your children as well, so dealing with it productively will help them to do the same.

Thousands of Florida children are impacted every year by divorce, and according to research from relationship skills training organization PAIRS Foundation, children of divorce are three times more likely to have problems in school and five times more likely to commit a crime.

Child and adolescent psychologist Dr. Jennifer Hartstein offers three tips for effective co-parenting to stop trouble before it begins:

1. Respect each other. You do not have to like each other, but you do need to exhibit respect and positive ways of resolving conflict to present a good model of that behavior for your children. Speaking negatively about each other creates resentment and anger in your children.

2. Do not put your children in the middle. Do not put your children in the position of being the messenger between mom and dad, and especially do not ask them to take sides in any disagreement you may be having with your ex. You are the adults, and you need to learn how to communicate with each other in an adult fashion.

3. Communicate with each other. Children naturally pit one parent against each other in order to gain more freedom or special treats. The best cure for this is to agree to maintain a consistent approach to your child rearing in each home, and keep the rules the same in each place. Keeping the lines of communication open between the two of you will make each of you better parents.

The effort of one parent to turn a child against the other parent has become known as “Parental Alienation Syndrome (PAS)”, a disorder first identified by psychiatrist Dr. Richard A Gardner in the 1980s in association with the growth in child custody litigation.

Dr. Gardner, who was a clinical professor in Columbia University’s Division of Child Psychiatry, was a consistent advocate for fathers in custody battles. Later research done into PAS has shown that a child’s alienation from one parent is usually the result of systemic dysfunction within a family that begins well before divorce.

Whether PAS is a true medical disorder is still being debated, but any divorce lawyer will tell you that parental alienation does exist, and it is an unfortunate circumstance for both children and the target parent. So how can you tell if your child is at risk for parental alienation? Here are some widely recognized risk factors:

• One parent threatens to abduct the children.
• A parent withholds or interferes with visitation.
• A parent falsely accuses the other parent of child abuse.
• One parent is routinely late in dropping off or returning the children.
• One parent has a diagnosed mental disorder.
• A child’s relationship with one parent suddenly changes dramatically – child refuses to visit, says they “hate” the parent, etc.

If you feel you have been the victim of parental alienation, contact our Jacksonville family law firm.

If you are serving in the military and become active, deployed, or are temporarily assigned military service and your ability to comply with a time-sharing agreement is materially affected as a result, under Fl. Stat. 61.13002, you should file a supplemental petition or a motion for modification of time-sharing or parental responsibility. Doing so will prevent the court from making any amendments or modifications to the time-sharing agreement in effect before the parent became active, deployed, or temporarily assigned military service. The only exception is if it can be shown by clear and convincing evidence that an amendment or modification should be made because doing so is in the best interest of the child.

If the court decides to issue a temporary order, the court shall consider and provide for contact between the servicemember and his or her child by feasible means of electronic communication such as webcam, telephone, or other available means. Because it is in the best interest of the child to maintain a bond with the parent serving the military, Florida courts will also permit liberal time-sharing during the periods of leave from military service. This temporary order will terminate and the previous time-sharing agreement in effect before the parent was called to military service shall be reinstated upon the servicemember's return from active duty, deployment, etc.

It is important to maintain a bond with your child while serving in the military. Being deployed or temporarily assigned military service may also affect any active child support obligations. Contact a Florida Family Law Attorney to discuss how military deployment may affect your time-sharing or child support obligations. An attorney can also file a petition with the court to make amendments or modifications to a time-sharing agreement or child-support obligation that will account for your active service.

If you are going through a Florida divorce and have children, one of the most important tasks that lie ahead of you and your spouse is to create a workable parenting agreement.

A parenting agreement is essentially a plan on how you and your soon-to-be ex will parent your children together. It covers decisions on custody, visitation, child support, education, religious training (if any) as well as how time is to be divided and shared between parents.

If you and your spouse have an amicable relationship, you can usually work together to create a parenting plan without the involvement of a mediator or other professional to assist you. If this is the case, then the plan you develop together should also be reviewed by your Florida divorce attorneyhttp://www.woodatter.com/lawyer-attorney-1163342.html prior to be made part of a court filing.

If there is likely to be a dispute regarding the children, you can negotiate through your divorce attorneys or call in a mediator to help you work through the issues you may have with your spouse regarding a parenting arrangement.

In either scenario, once a parenting agreement is reached, it is a good idea to make it part of the court record – and have the judge approve it – in case there ever comes a day when you may need the agreement enforced by returning to court.

As a Florida divorce lawyer, I tell couples with children who are getting a divorce that it is better for them to agree on a co-parenting plan rather than have the court do it for them.

Creating a parenting agreement usually helps to reduce future conflicts because the expectations are clear from the beginning on how each parent will interact with the other when it comes to parenting their children.

Just the act of creating a parenting agreement allows couples to make decisions about all the issues that they will face in the future with their children. Once a parenting agreement has been created, the court should then approve it so it becomes enforceable in case one party does not live up to the agreement.

Issues that should be covered in a parenting agreement include:

• Child custody and living arrangements
• Child support and expenses
• Visitation schedules, including holidays and vacations
• Education
• Medical care
• Religious instruction, if any

If your divorce is amicable, you may be able to create your parenting agreement yourselves. In some cases, a trained therapist or mediator may be necessary to assist you. In either case, your divorce attorney should review the agreement prior to its submission to the court as part of your divorce file.

In a no-fault state like Florida it is difficult to understand, as a family law attorney, why parties are willing to spend more money than they have to prove that a spouse was, in fact, having an extramarital affair. It is not to say that affairs are not personal or do not take personal tolls on the individual hurt by it, they do. However, to spend thousands upon thousands of dollars for a court to hear the atrocity, when the reality is the affair will not have a bearing on the outcome of the case is scary.
Speaking as a professional interested in representing the client's best interest, I think preserving the client's money for what can really make a difference, counseling on the emotional aspects, is much better. I struggle with this issue as a family law attorney because I do not want to take advantage of the emotions associated with the divorce. The only way to avoid an attorney taking advantage of this situation, other than hiring an attorney like myself, is to take the emotion out of the divorce.
What do I mean by this? I simply mean that the divorce is a business transaction, you are seeking to dissolve a contract, that being the contract of marriage. I know that sounds cold, but the reality is, at the end of the day, it's business. You are searching to protect your assets, finances, retirement, which again, is a business concept. The more you can remove the emotion from the action the less money the divorce will cost you in the end.
At the end of the day, true justice is walking away knowing you have all things you are legally entitled to and you can hold your head up knowing that you have survived an awful situation. Take the money or sell some assets and treat yourself to a relaxing vacation to ease your mind of the chaos that previously ensued.

Florida visitation laws changed to timesharing laws in 2008. The primary goals of these laws are to (1) ease the need for a custodial parent to be determined and (2) to protect the child and keep his or her interests as a central concern throughout custody or divorce proceedings.
How is timesharing affected during the summer?

Generally, the roles of the primary parent and non-primary parent are swapped. For example, the primary parent – the parent who has custody of the child for a majority of time – becomes the non-primary parent during the summer. Generally, the timesharing laws allow for the non-primary parent to have custody of the child for a consecutive 6 weeks with every other weekend going to the primary parent. This switch is the normal practice unless the parents deviate from the standard visitation schedule in the parenting plan, which is also a requirement in visitation cases. If that happens to be the case, it is usually established in the parenting plan established by the parents if they have deviated from the standard schedule.

A family law attorney should be contacted to discuss any wrongful deviations from or necessary modifications to a timesharing plan in order to ensure that the primary goals of the timesharing plan are being met.

As a Florida divorce attorney, I find that many of my clients are unaware of the different types of child custody that can be considered as part of a Florida divorce settlement.

In a Florida divorce action that involves minor children, there are four different kinds of child custody to be considered:

Legal Custody – Legal custody means you have both the right and the obligation to make important decisions about your child. This includes education, religion and medical care. In many cases, both parents are awarded legal custody of minor children and share the decision-making responsibility. If joint legal custody is awarded and one parent continually excludes the other from decisions about the child, that parent can be taken back to court for enforcement of the joint legal custody order.

Physical Custody – Physical custody means that one parent is given the right for the child to live with him or her. In some cases, joint physical custody is awarded – usually when both parents live near each other and the child’s life will not be unduly interrupted. In sole physical custody cases, the child lives with one parent and the other parent is granted visitation rights.

Sole Custody – A parent can have either sole legal custody or sole physical custody, or both if one parent has a history of unstable behavior such as physical or substance abuse, or criminal behavior. The courts usually prefer that parents share legal custody so both continue to play a significant role in the lives of their children.

Joint Custody – Parents can have joint legal custody, joint physical custody or both joint legal and physical custody. Parents who share joint custody usually work out a schedule based on the child’s needs, which is approved by the court. The advantage of joint custody is that it keeps both parents involved in the child’s life. Disadvantages can occur when one parent is uncooperative or harbors significant ill will toward the other, which can result in serious negative effects on the children.

Florida divorce myths and realities can be difficult to separate when emotions are involved. This week on this blog we will be looking into them and what the truth is behind the myth. The myths we most commonly hear as divorce lawyers are the following:

1. Divorce counseling is needed before you can get divorced.
2. It matters if I or my spouse had an affair.
3. Alimony is involved in every case.

The reality is that counseling will be asked of you at the final hearing for your divorce. Typically the Judge will ask, "Have you and your spouse gone through any type of counseling?", if not, then the next question is, "If I ordered counseling do you feel it would change the status of your marriage?" If the answer is, "no," then the Judge does not order marriage counseling. If the answer is, "yes," then welcome to the world of counseling to see if your marriage can be reconciled. This, however, does not dismiss your divorce claim and it does not take you back to step one. It simply puts the case on hold for the length of counseling to determine if reconciliation is possible.

The reason that people often think that it is a requirement in Florida is due to two possible reasons, the first being the question being asked and the second is knowing someone that has opted for counseling that cannot pursue their divorce until counseling has been attempted. It is important to remember that people often talk about what they have been through, but their perception is different due to the emotional charge of the situation. If you are seeking a divorce, be certain to ask an attorney all of your questions and concerns because stopping the fear is essential to moving forward in the right frame of mind.

Shopping for a Jacksonville divorce attorney can be challenging. The first concern people often have is the price of a family law attorney. However, the legal ramifications of a divorce are just as important, if not more so, than those that involve actually getting married. So, why do we choose to spend thousands of dollars on a wedding dress, but want to count pennies on the divorce?
First, you should know that the cost of your divorce is determined by the complexity of your case and the issues that will need to be taken care of throughout the process. Also, attorneys that practice family law a.k.a. divorce law, charge by the hour. So, a retainer secures a certain amount of hours of their time and saves you from being billed once per week for the hours they have worked. Knowing your bills makes them easier to manage. Also, you have a right to know and you should know what your attorney charges per hour and how they bill that time.
The reality is that we, as a socially, are more willing to spend money on the "fun" things in life than the "necessary" things. Women spend thousands on their dress and men spend thousands on the engagement ring because we are excited about the end result. Divorce does not hold the same excitement, so neither does paying the bill. If you are in a position where divorce has become a necessity, do not start your search for a lawyer based on the negative and worrying about the cost, but try focusing on the outcome, which will ultimately place you in a position not to worry about the next argument every time you open your eyes in the morning.
The excitement of waking up without the yelling, concern or heartbreak should be enough to motivate you outside the cost into the thinking about your future. It's not to say that all divorces need to be extremely expensive. What it does mean is that the majority of divorces that will protect your future interests effectively are also not going to a minimum. Think of it as an investment in your future and securing your future in a way that is protected by the Court.
The things you should focus on when hiring an attorney have to do with whether you and your attorney click on how you see your divorce playing out. If you think that you can agree on most things, do not hire someone that tells you not to give in. If you need alimony do not hire an attorney that will not fight for alimony. The reality is that attorneys, like wedding dresses, do come in different styles and you have to find the one that is right for you, not the one that is just priced to your liking.

Florida alimony is due for a facelift and this year's legislation has decided to do the work. Currently, Florida House Bill 907 is sitting on Governor Crist's desk for a signature. What does this mean for those who may receive or pay alimony?
Well the main change will be that "Bridge-the-Gap" alimony, which historically is designed for a determinable (by the Court) period of time to provide for support from married to single life. Now, the time-frame will be defined with a stroke of Governor Crist's pen.
According to the intent of Florida HB 907, "Bridge-the-Gap" alimony will no longer be dependent on issues surrounding the divorce, but simply a two (2) year time frame. This type of support will be available for no more than two (2) years. While some who are recipients of this type of alimony may be cringing as they read, the reality is that this may not be a bad thing for either party. The reason is, if you become too reliant on money that is only there for a short period of time, previously 1 - 5 years, then it will make the inevitable transition that much more difficult. Knowing that you only have, no matter what, 2 years to rehabilitate yourself from married to single life, actually gives you a timeframe to see where you're going and when you need to get there.
The pie in the sky can be a bitter sweet transition in the family law world. However, what about the reality that some individuals may need more education? Well, rehabilitative alimony is getting a few nips and tucks, but it is still going to be an option.
The difference between "Bridge-the-Gap" and "Rehabilitative" is that the first is designed to smooth the transition so that you have additional income to help support your bills until you can get them reduced. The latter, rehabilitative, is designed for the individuals that need just that, rehabilitation into the working world. For some couples, one may not have finished college because s/he was supporting his/her spouse and now to get back into the working world s/he needs to finish school. This may be a two year process or a five year plan, it is dependent on the need and history of the marriage (length, standard of living, educational history, etc.).
Due to possible changes in the Florida law, it is vital that you find out your options from someone qualified to inform you of them. Contact an attorney about when these changes, if signed, will take affect and how they may affect you.

Florida child support is not designed to hurt your bank account. In Florida, child support guidelines use the incomes of the parties with a few credits given: childcare costs (who is paying?) and health insurance (who is paying?).
First, the income of the parties and their percentage to the overall household is how guideline support is determined. For instance, if you W makes $50,000 per year and H makes $50,000 per year, then the combined income is $100,000 per year and each is contributing 50%. So, if the child support calculation is $1000.00, then the parent without the majority of time with the child will pay $500.00.
The cost of child care is factored in, and the person paying gets a 75% credit of the money paid. Therefore, if childcare is $100 per month paid by W, W will get a credit of $75.00. The same is true with insurance payments.
Child support is based on the monthly income of the parties since child support will be paid monthly. Payments can be made on the payroll cycle of the responsible party.
Child support is NOT designed to put money in the other party's pocket. It is actually calculated to provide for a portion of the child's expenses, including but not limited to: a roof, utilities, food, gas in a vehicle to get the child to/from school, clothing, school supplies, shampoo/conditioner and toothpaste. It is everything the child needs and would have if the child's parents were still living in the same home. The child's well-being should not be and is not dependent on a on one-income household simply because the child's parents are no longer together.
If you have questions about child support, establishing or modifying what is owed, you should contact an attorney for a true calculation to be completed on your behalf.

Florida children that are the product of divorce are now a familiar with
visitation planning. Florida timesharing plans came into law in 2008 and
were introduced to help ease the need for a custodial parent to be
determined. It was also developed to keep the children's interest in
the forefront of the divorce or child custody action. The question is, in a world not capable of consistent time management, how are the children really impacted by
this plan change?
In 2010, in Florida and throughout the US we, as a society make work more important than our kids and our health. Time
management becomes important when exercising timesharing with your
children. Calendaring your days, your child's activities and family
gatherings/vacations. To make the judicial system work for you, manage
your time with your kids as if they are the next customer to contract
with you. You would not blow off a meeting with an investor so don't
do it to your kids.
If you see that there is a constant issue with your timesharing plan,
then modify it. If there is a substantial change in circumsance,
modifications of your final order are allowed. Do not become a victim
or allow your child to become a victims if a poorly executed
timesharing agreement, contact an attorney regarding your options.

Florida paternity is established by marriage or the Court, not by signing a Birth Certificate. A Birth Certificate does nothing more than give the presumption that you are, in fact, the father of your child. If you are not married to the mother ( at least 10% of couples living together are not married), then the Court does not recognize you as the baby's daddy.
To establish your rights to the child, it is important that you speak with an attorney so that your child does not grow-up without you. What you need to ask your attorney:
1. How do I file a Petition to Establish Paternity?
2. Do I need to take a Paternity test?
-- This is dependent upon whether the parties agree with each other, if there is reason to believe you are not the father, or if another man is listed as the father on the birth certificate.
3. How is Florida child support determined?
4. How is visitation determined?
-- Florida now has a timesharing plan that needs to be filed with the Court. This can be visitation that ranges from every-other-weekend to 50% of the time, if not more.
5. Is there a way to do this with the Mother agreeing?
-- If you and the mother can work an agreement on a number of the issues, it still needs to be formalized with the court. However, you can file a consent agreement, meaning you both agree to the above issues regarding your child.

Filing for divorce, child support or timesharing modifications in Florida require that you be a resident of the state. Residency is determined based on Florida Statute 61.021, which requires that an individual be a resident of Florida for at least six (6) months prior to filing an action within the State Court.
Residency can be determined by a number of factors, the most common of which is your drivers license. If you have moved to Florida, make certain to get your new drivers license immediately, so that you can prove your residency when the time comes.
Another way to prove residency is by providing a lease agreement, utility bills, or by having an affidavit signed by a neutral third party that can verify you have lived in the State for the required period of time.
There are emergency situations that can provide access to the Court without meeting the residency requirements, but meeting those requirements can be challenging.
If you have just moved to the State and are in need of any family law services (divorce, child support modification, etc.), upon consulting with an attorney be certain to let him know when you moved to the State. That way you are getting the most accurate information at the beginning.

World famous broadcaster and renowned interviewer Larry King and his wife Shawn Southwick each filed for divorce on Wednesday, April 14. The couple has been married for over 10 years and have two young children. Larry King, 75, has been married 8 times to seven different women. He married one of his ex-wives a second time.

The couple has reportedly had ongoing problems in their marriage including an allegation that King had an affair with Shawn's sister Shannon Engemann, although King and Engemann both deny the affair. King has told the press that he did not sign a prenuptial agreement with Southwick. King is reportedly worth over $100 million. In California married couples split earnings acquired during the marriage.

In Florida, the equitable distribution of marital property is one of the most litigated aspects of divorce. There are a number of laws you need to know about if you are getting divorced in Florida. A Florida Family Law Attorney can help you preserve your rights and protect your property. Navigating the Florida Family law statute by yourself can be a dangerous proposition. Final divorce judgments can have adverse, long-lasting consequences. If you have questions about a divorce contact a Florida Family Law Attorney.

The National Center for Missing and Exploited Children reports that three hundred and fifty thousand children are abducted by a family member each year. The abductions are usually committed by a non-custodial parent who is unhappy with the child custody arrangement mandated by the court.

Representative Darryl Rouson, a Democrat from St. Petersburg, Florida, recently introduced a bill to the Florida House that would help protect Florida’s children from parental abductions. House Bill 787, also called the “Child Abduction Prevention Act” gives judges more discretion to fight familial child abductions.

The act identified risk factors that the courts may consider in a child custody case, to determine if a child is at an increased risk of abduction by the non-custodial parent or other family member. If the judge determines that there is a real risk of domestic or international abduction, he or she may put in place preventative measures that will help keep the child safe. These can include requiring the non-custodial parent to seek written permission to travel with the child across state lines, or to post a bond when travelling out of the country with the child.

Representative Rousson says that if the bill becomes law, Florida can expect to see a reduction in abductions, as well as the court and law enforcement resources required to deal with them.

Read more details of the proposed bill to protect children from parental abduction at Representative Rouson files The Child Abduction Prevention Act.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

If one person does not agree to the relocation, the parent must file a Petition to Relocate Minor Children with the court. The petition must be served on any parties who are entitled to partial custody or visitation with the child. The petition must include the proposed new location, the date of the requested relocation and give detailed reasons for the request along with any evidence of the cause of the relocation, such as a new job offer. It must also include a proposed visitation schedule, including proposed travel arrangements.

The other parties served with the petition have twenty days to object to the court in writing. If they fail to do so the court will allow the relocation, as long as it is in the best interest of the child. If you would like to relocate and are subject to a child custody agreement, it is best to consult a qualified attorney who can help make sure all of your paperwork is in order and that you are in compliance with the law.

Read more details of the Florida law governing relocation of minor children after divorce at Florida Laws Regarding Relocation After Divorce.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

I recently wrote a blog article about dissolution of marriage in Florida. Today I am going to cover one of the types of dissolution available, called a “Regular Dissolution of Marriage.” This is the most common type of dissolution in Florida.

To start the regular dissolution process, either the husband or the wife may file a petition of dissolution of marriage with the circuit court, stating that the marriage is “irretrievably broken” and setting out what he or she wants from the court. The other party then has twenty days to file an answer to the original petition. When they do so, they have the right to address the matters laid out in the original petition and to add any other issues they want to be addressed by the court.

Florida family law court rules require that the two parties then provide each other with certain financial documents and a financial affidavit within forty five days or before any at temporary relief hearing. If either of the parties fail to provide the required information, the court may dismiss the case or not consider the requests of the non-compliant party. Both parties to the divorce or the court can change these requirements, except for the financial affidavit, which is mandatory if financial relief is sought in the case.

Couples may agree on all terms before or soon after the initial petition is filed, in which case they sign a written agreement which is presented to the court. In these uncontested cases, the divorce can be made final in just a few weeks. If the parties cannot agree, they may be required to seek mediation and may end up in a trial before a judge.

The more a couple can agree on, the easier the process is for them and for any children involved. Find out more about regular dissolution of marriage in Florida at Divorce In Florida.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

In Florida, the official term for divorce is “dissolution of marriage.” Many states, Florida among them, have done away with fault as grounds for divorce. This was done to lessen the potential harm to the family that might be caused by the divorce process. Fault may however be considered for determination of alimony, equitable distribution of assets, or determination of a parenting plan.

Either partner may file for the divorce. It must only be proven that a marriage existed, that one of the spouses has been a resident of Florida for at least six months immediately preceding the filing, and that the marriage is irretrievably broken.

In addition to the irretrievably broken ground for divorce, there is also a seldom-used incompetency ground; the competent spouse must prove that the other spouse has been incompetent for at least three years before the filing for this ground to be used.

The actual divorce process is an emotionally trying time for the parties involved. Floridians often do not know their rights and responsibilities in a divorce. While court clerks and judges can answer some questions, they are prohibited by law from giving legal advice.

A Florida family law attorney can answer your legal questions and advise you on your rights, your children’s rights, your property rights, your responsibilities and even your tax liabilities during a divorce.

Before filing for a dissolution of marriage, it is prudent to make sure that you have tried as hard as you can to save your marriage. Professional marriage counselors can help you and your spouse work out your difficulties and make your marriage stronger than ever. Many Florida communities and religious organizations offer free or inexpensive counseling services to help save your marriage. Your lawyer can also recommend a qualified professional in your area. Find out more about this topic at Divorce In Florida.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

When divorced Florida parents are forced to deal with child custody issues, tempers can run high – especially if the divorce was not amicable and the parents disagree with the approved parenting plan. Now those parents will have a way to better handle disagreements and build better relationships with their children. A help line has been set up for Lauderdale County, Florida parents that can help them get through child custody issues with less anger and frustration. This is important because fights between divorced parents can cause lasting emotional scars on their children.

The help line, which falls under the umbrella of Families First, offers parents a third party to help them manage and solve parenting disputes. When a call comes in, volunteers talk with both of the parents to help them diffuse angry feelings and come to a suitable compromise.

The line is staffed by twenty one volunteers, who are required to complete a six week training course before answering the phones. The Lauderdale center fields around fifty calls per month. The help line has been so successful in Lauderdale County that a task force has been created to investigate establishing call centers in other areas in Florida, including the Jacksonville, Florida area.

Read more about the co-parenting help line at Help line lessens tensions.

If you are involved in a divorce or child custody negotiation, please contact our law firm for legal counsel.

News of the World, a British tabloid, recently ran a front page story purporting to describe all the details of Brad Pitt and Angelina Jolie’s divorce, including financial and child custody negotiations. The problem is that the Hollywood power couple claims they are not splitting up, and they have filed suit against the paper for making “false and intrusive allegations” about their relationship.

The LA divorce attorney reported by the News of the World to be involved in drawing up separation papers for the couple has made a statement denying any contact with the family by herself or any member of her firm.

According to lawyers for the family, News of the World has refused to retract their story or apologize for their content. Further, the stories have been widely republished, using the original story as source material. The paper has declined to comment about the lawsuit.

Since the rumor has started about the impending divorce, Jolie and Pitt were seen together with their son Maddox in Miami, Florida at the Super Bowl. Read more details about the lawsuit over phony divorce reports at BRAD PITT AND ANGELINA JOLIE TAKE LEGAL ACTION OVER SPLIT CLAIM.

If you are considering divorce, please contact our Jacksonville, Florida law firm for legal counsel.

Studies have shown that fifty percent of children of divorce in Florida and nationwide have problems later in life that are related to their parents’ split. Author Tony Rassini has just released a new book, entitled "Dad, It's Time to Tell the Truth!" Discover what happens when two parents hate each other more than they love their kids, which he wrote partly to help his son deal with the aftermath of his own “ugly” divorce.

The book is written as a memoir, and follows Rassini’s attempts to be a good father to his four children during and after his bitter divorce. He documents his interactions with lawyers, doctors, and the courts, and looks at how all of these interactions affected his children. In the end Rassini realized that the only thing he had to give his son was the truth.

Divorce is a difficult time for both adults and children. Being age-appropriately open and honest with all family members is the best way to smooth over hard feelings and ensure that all parties can get on with their lives without any lasting scars. Reading about Rassini’s journey can help others going through divorce realize that they are not alone. One of the most important factors in the divorce process is having a family law attorney who will advocate on your behalf while also knowing how to avoid needless litigation which ultimately costs you extensive amounts of money and possibly the respect of your family members.

If you are considering divorce, please contact our northeast Florida firm for legal counsel.

You can read excerpts from the book at Father Loses it All and Mends Relationships with His Children.

Positive, life-enhancing, and compassionate are not words most people associate with divorce. Words that more typically come to mind are painful, bitter, resentful, ugly, and battle. A Chicago Judge, Michele Lowrance, who has presided over hundreds of divorces, recently wrote a book on how to handle divorce so that it doesn’t ruin your life or make you and your former spouse miserable. The book is entitled: The Good Karma Divorce: Avoid Litigation, Turn Negative Emotions into Positive Actions, and Get On with the Rest of Your Life.

Judge Lowrance starts by saying that turning over important decisions such as child support, alimony and child custody to the courts means giving up the power you have over your own important life decisions. The book is aimed at keeping a divorcing couple from ever going to court. To that end, she offers divorcing couples practical tips for getting through this tough time with a positive outcome. She reminds people that the court system is not designed to rescue them, or to prove that their position is more righteous than their former partner’s. She advises both parties to be open to the possibility of settlement and to disclose everything honestly.

She also recommends allowing yourself time to go through your negative emotions, but to be ready to forgive when the time is right. She encourages couples to apologize to each other during the process. She believes that both forgiveness and apologizing are empowering for both parties. She also reminds parents that divorce is very hard on children, and it is important to explain to them what is going on as honestly as possible. One type of divorce procedure that is designed to minimize the adversarial aspects of divorce is collaborative law. To learn more about this process contact a Jacksonville Family Law Attorney.

Read more about what makes a good Karma divorce at The Good Karma Divorce.

If you are considering divorce, please contact our Jacksonville, Florida area firm for legal counsel.

Many people feel that asking for a prenuptial agreement is the end of romance. Others believe that prenuptial agreements are only for the rich. Neither of these statements is true. Prenuptial agreements are appropriate in a number of situations and should be seriously considered before entering into a marriage, which is a legal partnership. A prenuptial agreement is a signed contract that spells out exactly how a couple will handle different aspects of their marriage to include finances, real and personal property, alimony, and several other concerns that often arise throughout the marriage and possibly in a divorce. While this may not seem very romantic, it can be an empowering and positive experience. Probably for these reasons, more and more “average” couples are signing these agreements lately.

Some of the benefits of a “prenup” include facing financial details and discussing them openly, preserving inheritance or the financial well-being of children from a previous marriage, protecting business assets, spelling out financial expectations, and reducing battles over finances in the case of divorce. Of course, there are drawbacks as well; agreements can be set aside if they are found to be fraudulent, unfair or signed under duress. They can be perceived as not being romantic and can imply a lack of trust between partners.

If you are considering a prenuptial agreement, remember a few key points:
- Don’t wait until the last minute. Springing an agreement on someone days before the wedding is not a good idea.
- Don’t hide your feelings or your assets.
- Each person should hire his or her own attorney.

Call a Jacksonville Family Law Attorney to help you understand your options with marital agreements.

Find out more about this topic at Prenuptial Marriage Agreements.

Please contact our law firm for help drafting your prenuptial agreement.

Tennis star Chris Evert and golfing legend Greg Norman were married for fifteen months before their marriage ended in divorce recently. A close family friend to Ms. Evert is now speaking to the media, saying that the marriage failed due to the stress Ms. Evert felt balancing her time between her husband and her three teenage sons from a previous marriage. The source reported that there was tension between the two over Norman’s extensive travel schedule and Ms. Evert’s desire to spend time with her children. During the marriage Ms. Evert did spend quite a bit of time travelling with Norman, but now says she regrets the decision, according to the friend.

Ms. Evert is now reportedly enjoying more time with her sons, Alex, Nicky and Colton, aged eighteen, fifteen and thirteen, respectively. Ms. Evert and Norman finalized their divorce in December of 2009 at the Monroe County Courthouse in Key West, Florida. Neither Ms. Evert nor Norman had any comment on the divorce.

Marriage is difficult, and competing loyalties between a new spouse and the children from a former marriage can add a layer of stress to a marriage that is hard to deal with. In this case, unfortunately the couple was not able to overcome their differences. Read more about the Florida divorce of Chris Evert and Greg Norman at Why Did Chris Evert and Greg Norman Divorce?

If you are thinking about a separation or divorce, please contact our Jacksonville, Florida area law firm for legal representation.

Bristol Palin, the nineteen year old daughter of 2008 vice-presidential candidate Sarah Palin, went before a judge recently to ask that her child custody battle with former fiancé, Levi Johnston, be closed. She has filed for sole custody of her son, Tripp, saying that the child’s father is too immature to be a good parent. She argued that all of the media attention would be harmful to her son, and that our modern electronic communication systems would mean that he would be able to read stories about the battle once he is old enough.

For his part, Levi Johnston is asking for joint custody and has argued to keep the case public, saying that he fears the power Sarah Palin could have over the proceedings if they are kept secret. An Alaska judge ruled that Bristol Palin had no evidence that publicity would be harmful to the child, and that the records would remain open.

In Florida, the term joint custody is no longer used. The courts use parenting plans and time-sharing arrangements to govern the rights of parents to raise their children after a divorce. The new rules can be tricky. You should speak with a Jacksonville Divorce Attorney if you have questions regarding a divorce or custody issues. Walking into family court without an attorney is like performing surgery on yourself. It's not a good idea! You should consult with a professional who knows the laws and can protect your rights.

Read more about the Palin / Johnston custody battle at Tripp Palin custody battle to be heard in public, judge rules.

If you are involved in a custody battle, please contact our firm for expert, compassionate legal counsel.

In the wake of nearly a dozen women claiming to have engaged in extra-marital affairs with golfer Tiger Woods, his wife, Elin Nordegren Woods has reportedly moved out of the couple’s mansion and moved back to Sweden, her home country. The couple does have a prenuptial agreement, but the contents of the agreements are not open to the public. The Woods’ prenuptial agreement is a premarital contract, and theirs will be governed by the Uniform Premarital Agreement Act of section 61.079 of the Florida Statutes. Their prenuptial agreement likely spells out how much alimony Ms. Woods is entitled to receive, if any, the distribution of property and other assets, and any other miscellaneous arrangements that were contemplated by the parties at the time they made the agreement . The right of a child to support may not be adversely affected by a premarital agreement. Premarital agreements, like other contracts, usually hold up in court as long as they are legally executed and do not contain unconscionable clauses. To create a premarital agreement that is legally sufficient to protect your interests you should seek the assistance and expertise of a licensed Florida Family Law attorney.

As for the children, Sam and Charlie, Florida has no presumption of marital custody, meaning that the father and the mother have an equal chance of gaining time-sharing depending on what is in the child’s best interest. Florida rules governing child custody changed substantially in 2008. The terms custody, custodial parent, non-custodial parent, visitation, primary residential parent, and secondary resident parent were eliminated from the statute. The disposition of children after a marriage is now determined by parenting plans and time-sharing schedules. These arrangements are governed by Florida Statutes chapter 61.

In light of the alleged extramarital indiscretions by Tiger Woods it is likely that Ms. Woods may have strong arguments for her to be the parent with more timesharing with the children and be entitled to receive substantial child support. In order for her to be able to move the children to Sweden with her she will have to petition the court and show why it is in the childrens' best interests. Tiger would be entitled to object to moving the children so far from the marital home. Find out more details about the prenuptial agreement at

Tiger Woods gives us pause to contemplate prenups and child custody.

If you would like to draft a prenuptial agreement or are considering divorce, please contact our firm for expert family law legal counsel.

The strengthening Families Act of 2003 stated that thirty four percent of all American children live apart from their biological fathers. Forty percent of those children have not seen their fathers in over a year, and fifty percent of those children have never visited their father’s home. The US Census Bureau has reported that five out of six custodial parents are mothers, and that nearly forty percent of fathers have no access or visitation rights to their children.

Unfortunately, many parenting plans in Florida have restrictive visitation rules for the parent with less time-sharing, and do not promote shared parenting or the presence of a child’s father in his or her life after the divorce. Further, a national study revealed that nearly forty percent of custodial mothers admitted to interfering with the father’s visitation to punish him. About fifty percent of mothers reported that they saw no value in their child’s continued contact with the father. The result is the loss of a close relationship between the father and his child.

The fourth judicial circuit guidelines for time-sharing arrangements in the Jacksonville area are the model by which most time-sharing arrangements are designed. However, many times the parent with the most time-sharing takes matters into their own hands by not following the terms of the parenting plan and preventing the other parent from spending time with their child.

If this is happening to you there are laws that protect you. You have a right to spend time with your child. Meet with a Jacksonville Divorce Attorney and discuss what can be done to protect your rights as a parent.

Read more about the plight of divorced fathers and their children at GUEST VIEWPOINT: After divorce, fathers too often excluded from parenting .

If you are considering divorce, please contact our firm for expert family law counsel.

Single Florida parents who have custody of their child or children and serve in the military face unique challenges when it comes time to deploy overseas. Sometimes doing your military duty can mean losing custody of your children. An organization exists called Father and Families which has worked hard to pass legislation in dozens of states that could protect military parents’ custody rights.

As an example, US Army Lieutenant Colonel Vanessa Benson temporarily turned over custody of her son to her ex-husband while she was on active duty in Afghanistan. She returned home to an email from her ex-husband stating that he was not going to return her son, as agreed. Benson spent $12,000 in legal bills to get her son back.

In Florida, HB 435 is a law that helps military parents like Ms. Benson, regain custody of their children. The law states that if a temporary child custody order is made as a result of a parent being deployed, the previous custody orders in effect before the deployment must be reinstated on the parent’s return.

Many military parents in Florida, including the Jacksonville area, have had to serve in war zones overseas only to return home to a fight to enforce the judgments that they worked so hard to attain in the first place. Single military members who have custody of their children should not try to navigate the murky legal waters of the Florida family law system without the help of an experienced family law attorney. If you are a military member involved in a custody battle, you will need an expert family law attorney on your side. Please contact our firm for a consultation.

Read more about the struggles of military parents to keep custody of their children after deployment at Law Fathers & Families Helped Create Leads to Victory for High-Profile Military Parent.

In Florida, parents of children are required to comply with Section 61.13001, Florida Statutes when dealing with a parental relocation with a child. The Florida legislature and Courts recognize that a relocation of a child can be quite traumatic and life changing for both the parent and the child. It is important for parents to comply with the terms of this statute whether the relocation is agreed upon or contested. Parents should always consider the best interest of the child in making decisions including but not limited to relocation. You can read about the details of this statute at the Official Site for Florida Statutes - Section 61.13001, Florida Statutes. Reading this statute and complying with its terms can be quite confusing and stressful for many parents. As such, it is advisable to retain the services of a Jacksonville, Florida Child Custody Attorney in order to make sure that the statute is being complied with and that the best interests of the child are being met.

For children of divorce, all too often the holidays are not a time of happiness – they are filled with dread, turmoil and chaos. Divorced parents are forced to navigate a range of issues, but it is possible for parents to help reduce conflict and confusion to make the holidays enjoyable for everyone.

For divorced parents, it is important to keep in mind that everyone experiences stress around the holidays. For divorced families, sadness is also a common emotion around this time of year, as people naturally remember holidays gone by. Add to this the holiday letdown when the credit card bills and tight pants rear their ugly heads in January, and you have a real recipe for disappointment and sadness.

The single most telling factor in how smoothly the holidays will go for children is how well their parents have adjusted to their new lives and to their parenting plans. Having two family celebrations can be great fun for kids – if their parents handle it well. This includes having realistic expectations about how much time the child will spend with each parent, not trying to outdo each other with gifts, and not making the child decide where to spend the holidays – this will only make the child feel guilty.

The best approach is to clearly outline the day’s plans well ahead of time, including discussing and dividing the child’s wish list. Parents need to keep in mind that competing for a child’s love with material gifts only confuses and spoils them. Get more tips for a happy holiday by visiting Children, Divorce and the Holidays; How to Make the Best of a Stressful Time.

Divorced parents should determine where the children will celebrate each holiday, in writing, with the assistance of a divorce lawyer. If you are negotiating a parenting plan, please contact our firm for expert legal counsel.

Samad Nesser has tried every legal avenue to prevent his eleven year old son from being taken to France to stay with his mother and her new husband. According to Nesser, his ex-wife has allowed his son to be abused by the new husband, and suffers from sleeplessness and chest pains whenever he returns home from staying with them. Nesser is an American citizen, but his wife is not. The husband, a French citizen, used to live in Palm Beach, Florida, where he was the subject of a restraining order after allegedly breaking into his girlfriend’s home and hitting and pushing her and her elderly mother to the floor. Nesser claims that this same man locked his son in an attic and threatened to kill him.

Judge Daniel Merrit Jr. has refused to grant requests for a guardian ad litem for Nesser’s son. A guardian ad litem would spend time with the child to determine what that child wants and what is in his best interest. Merrit has also refused to let the child testify in court, and the records of the child’s counseling sessions have not been admitted due to what Nesser claims are stalling tactics on the part of his ex-wife’s attorney. At present, there is no way for Nesser to stop his ex-wife from taking their child back to France with her.

According to Florida law, when two parents have a child in Florida, they maintain their rights no matter where they might move later on. Those rights are recognized regardless of citizenship. If you are involved in a child custody battle, please contact our firm for legal assistance.

You can read more about Samad Nesser and his battle to protect his son at Concerned father: Don't let my son go.

Victoria Anderson, now aged 9, has lived with her paternal great grandmother, Marilyn Anderson, in Dayton, Ohio since she was an infant. She has gotten “parenting time” during those years with both her mother and father. Ms. Anderson objected to Ms. Hill smoking around the child during her visits, and the Warren County court ordered all parties to protect the child from second hand smoke. The Ohio 12th district court of appeals has upheld the ruling, using judicial notice to conclude that second-hand smoke is dangerous to children. Taking judicial notice was unusual in this case, because neither of the parties presented proof in court, rather the court recognized an "avalanche of authoritative scientific studies" that show second-hand smoke poses a health danger to children. This decision could now apply to many Ohio children involved in child-custody or visitation cases.

Cases like this pit a parent’s right to smoke against a child’s right to breathe fresh air. But courts have typically decided these types of cases in the best interest of the child, rather than focusing on who has the right to do what. According to non-smokers’ rights group, Action on Smoking and Health, eighteen states have ruled that smoking near a child is a factor that should be taken into consideration when deciding custody.

Find out more about what the courts have to say about smoking and other hazards at Court bans mom from smoking near child.

If you are involved in a child custody battle, please contact our firm for expert, compassionate legal counsel.

Alaska governor and 2008 vice-presidential candidate Sarah Palin was forced to admit during her campaign that her fifteen-year-old daughter, Bristol, was pregnant. At the time the young girl and her teenage boyfriend, Levi Johnston, said they planned to marry. But they broke off their engagement earlier this year.

Now Johnston is pursuing legal action to obtain joint custody of the couple’s 10-month-old son, Tripp. He alleges that the Palin family is making it difficult for him to see his son. Sarah Palin is reportedly upset with Johnston for his upcoming appearance in Playgirl magazine. The two have had a publically strained relationship for some time. The Palin family attorney has stated publically that, according to the Palins, Johnston is always welcome to visit his son. You can read much more of the back and forth between Sarah Palin and her former potential son-in-law at Levi Johnston to Sue for Joint Custody of Son Tripp.

For unmarried or divorced parents in Florida, this case brings up some issues related to joint custody in Florida. Many Florida parents are seeking either joint custody or 50/50 rotating custody. The courts in North Florida do not really prefer this type of custody arrangement because some courts believe that the arrangement just isn't practical for the children once they start school unless the parents live within a few miles of one another and demonstrate that they can operate as a real team. If you need help with a custody issue, please contact our firm for legal counsel.

Many clients need immediate help when they first start going through a divorce. The idea that a divorce can take many months to finalize is very upsetting for most people. But there are temporary motions that can be filed to address issues such as temporary child support, custody, possession and occupancy of the marital home and the like. Temporary orders are legally binding guidelines that both parties must follow until the divorce is finalized.

Some common items covered in a temporary divorce order include:
- An agreement not to use the other party’s credit or make a large purchase without advance written notice
- Jointly owned property cannot be sold or used for collateral
- Insurance policies must remain in effect
- A child visitation and child support agreement
- No changes should be made to retirement accounts
- Agreement as to who will remain in the family home

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about temporary divorce orders at Temporary Divorce Orders .

Military divorces are subject to certain laws that are not applicable to civilian divorces. As an example, those active in the military are entitled under federal legislation in some cases to delay a divorce or to take advantage of court-appointed counsel. Additionally, military pensions are subject to different rules than private retirement accounts or other types of pensions. Calculating alimony and child support is also affected by federal regulations, as is the location of the actual divorce proceedings.

As a Jacksonville, Florida law firm, Wood, Atter & Wolf, P.A., specializes in military divorces and is well prepared to deal with the unique issues that a military family has to deal with, such as child custody as a result of deployment as well as how to divide and calculate military pay and pension.

If you are an active service member who is considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Military Law and Divorce.

For parents going through a divorce, keeping things civil can be difficult. Not keeping things civil can be difficult for the children involved. As divorcing parents are starting to look for alternatives to fighting over and in front of the kids, co-parenting classes are gaining in popularity. Co-parenting classes are designed to help parents deal with conflicts that come up about the kids after the couple has split. The classes can help parents deal with their anger and frustration in more positive ways, working together to solve issues before they became a fight.

Divorce is a hard time for children, and it is even harder if the parents are not getting along or not speaking to each other. Co-parenting teaches adults much better ways of coping with disagreements, which not only eases the burden on the children, but models positive interactions that they can use in their own lives.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Divorce 101: Co-Parenting Experts Help Couples Like Jon and Kate Gosselin.

Divorces are usually marked by battles over property and child custody issues. Deciding who gets to keep the family pet can add a whole new topic for couples to fight over. Who gets to keep the dog, cat or lizard is a topic that comes up frequently in divorce proceeding, and, like everything else, can be a difficult and emotional issue to deal with.

In Florida, as in most other states, pets are considered property – which means they are subject to ownership, not custody. That means that “joint custody” is not an option in Florida. Legally property can only be awarded to one party in the divorce. A pet acquired during the marriage is considered joint marital property, even if it was given as a gift from one spouse to the other.

Couples have much more flexibility in deciding what will happen to the pet if they come to an agreement outside of court. If the divorcing couple cannot agree between themselves who should keep the pet, the judge must award it as property. Judges will consider who spent the most time with the pet, who took the most care of it and who is more bonded with the animal when making a decision.

In a divorce where a pet is involved, the couple should make every effort to find a common ground before going through the agony and expense of a court battle over a pet. While the pet may be oblivious to the battle being waged, the emotional pain is felt deeply by the couple and especially their children.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Pets are property in divorce.

Children of parents who have filed for a divorce or are already divorced can now participate in free divorce classes in the state of Utah. The classes are for children aged 9-11 and are taught by a mental health professional, who helps the children learn how to communicate more openly with their parents during this difficult process. There are also free classes offered in North Florida through certain church affiliations and also through The Jacksonville Children's Commission.

Divorce is always hard on children, especially older children and pre-teens. This program from the State of Utah is a commendable effort at easing a difficult time for children in need. Even in the face of economic trouble, it is encouraging to see the state continue to fund support initiatives for children and their families.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

You can find out more about these classes at Courts offering divorce education class.

An emerging divorce method, using what is called a "collaborative process," brings legal, financial and mental health professionals together to help encourage cooperation between the divorcing couple. The method is starting to gain momentum as the Florida Bar has drafted legislation to codify collaborative divorces into Florida state law. The Jacksonville Bar Association recently sponsored a seminar on the topic, which drew a large percentage of mental health professionals.

Currently, collaborative divorce is a voluntary process that is entered into when a couple signs a document stating that they will not take their divorce to court. Financial and mental health counseling is included as part of the process. An added benefit is that a collaborative divorce usually costs significantly less than litigation. It also allows families to structure financial details with more fluidity than is usually the case in traditional divorce proceedings. The process not only eases the divorce process for couples and their families, it also eases the case load on family court.

Any divorce method that cuts down on fighting and animosity is good for both the couple and their children. People who are under the stress of a divorce can only benefit from having a team of professionals help them work their way through all the details amicably.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Collaboration allows for a kind divorce.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

In a Florida divorce, I realize there are divorce myths, which seem to circulate from Jacksonville to Miami. If you are going through a divorce there are certain myths that people seem to tell.
The most common myth for in a divorce with children is that the new time sharing law requires that you and your spouse have 50/50 visitation with the Child. This is not true. The Court looks at the best interest of the Child and in so doing, the visitation will be a factor. It is often not considered proper for 50/50 because the Child has different rules in each house, which plays a role in the child's ability to do well in school, at home and in extracurricular activities.
The second myth is that child support is negotiable. This is not true, because according to Florida Statute, a parent cannot negotiate away the Child's right to child support. Support for a child is determined on the income of both parents and tries to place the child in the same position s/he would have been had the parents stayed together.
The third is that if you aren't allowed or use the time sharing (visitation) then you do not have to pay child support. If the lack of contact is due to you or your spouse, that does not alleviate your financially responsibility to your child. Visitation does not equal child support.

latter@woodatter.com

In Jacksonville, Florida, as a family law attorney, I receive questions about terminating parental rights. This is not an easy process since there are many protections in place for parents. I will probably do a series of blogs on this topic in order to cover each area, but we will start with the consent and agreement of both parties.
If a parent would like to terminate his/her parental rights, then there are certain things that must be in place. The following would be required:
1. There is another person to take the role of mother/father both emotionally and financially.
2. The parent is doing so knowingly with full understanding and willfully.
3. The termination is in the best interest of the child.

If these things are met, then the Court may grant termination of parental rights. The difficulty is, this does not alleviate child support that may be due from years of nonpayment. If a parent owes child support arrearages (back child support), then the termination of their rights does not alleviate or diminish the back child support to be paid.
The only time that can go away is if the other parent (non-terminating) is willing to forgive any and all arrearage. However, if the payments were through the state's Department of Revenue, then even agreeing does not end the State's interest in collecting that money on behalf of the Child.
If this is something that you are interested in pursuing, it is best to work with an attorney on this matter whether your are the one terminating or the one requesting termination.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

In Florida, many courts have time sharing or visitation guidelines and they can be specific to distance. In Jacksonville, we have the 4th Judicial Circuit Guidelines, which provide for time sharing throughout the school year and holidays.

Time sharing is now the correct term for visitation and a time sharing plan is required in a case involving children. You can either use the court guidelines develop your own, as long as the other party and/or the court agrees with the schedule.
Long-Distance Guidelines in Jacksonville set-up a number of opportunities for visitation. There is an ability to continue with alternating weekends, but it must be done in the town where the child resides. You can have once/month at your home, depending on the situation surrounding your case. In addition, you will be entitled, again depending on the facts of your case, to timesharing during the Spring Break time each year and summers beginning 5 days after school gets out until 2 weeks before school commences.
Long distance timesharing often has costs associated, so you have to determine what is best for you and the other parent for the child to stay connected to both parents.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

In Florida, there is a relocation statute if you are moving with a child. As a Jacksonville divorce and family law attorney, I realize that not everyone understands that moving may require court action. Relocating for a job, marriage or any other reason? If you have a child and looking to move, then you may have to file a Petition for Relocation with the Court.
Florida law has a Relocation Statute, which requires that a relocation petition be filed with the Court if you are planning on moving, with your child, 50 miles or more away from your current residence. This is required if the move or relocation is for more than 60 days.
Filing a petition for relocation also requires that the other parent is served with the papers and (s)he has 20 days to file an objection. If an objection is not filed within that time period, then the Court will assume the move is in the best interest of the Child.
If the other parent will agree to your relocation, then you can file an agreement with the Court. The catch is, there a number of provisions within the Relocation Statute that must be met or you could face contempt, the Court can require you to return, and the Court may go so far as to change the primary residential parent.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

One of the most common issues that I see arise after a divorce in Florida is that the primary time-sharing parent wants to relocate to another State or out of the county in which the divorce was finalized and away from the non-primary time-sharing parent. I see clients on both sides of this issue. I represent clients who want to move and I represent clients who want to prevent the other parent from moving. Florida governs this issue with The Relocation Statute located in the Florida Statutes. The Courts will determine the issue of relocation by using the best interests of the child standard and is to consider the parent's reason for seeking or opposing the relocation, the current relationship between the child and each parent, the impact that the relocation will have on the quality of the child's relationship with the non-relocating parent, the emotional effects that relocating will have on the child, and the practical effect the relocation will have on the child's ability to maintain a close and loving relationship with the non-relocating parent.
If you want to move out of the State of Florida with your child, there are some statutory tasks that you must do to be able to accomplish the move. Also, if you want to object to a relocation, there are specific things you must do to object. Please call our firm for the help that you need in realizing these steps and for the help that you need.

In a Florida Times Union article this week, summer visitation/timesharing was a topic of the article, " 'Summer switch' under way for divorced parents, kids", which quoted our attorney, Lenorae C. Atter, on the ins and outs of summer timseharing.
The article focused on the changes for both the children and the parents during the summer months, when visitation alternates from weekends to six (6) week visitation/timesharing. Lenorae Atter added to the article her thoughts on the matter stating, "Atter did the summer switch herself as a child and said problems can arise when kids want to go to camp or other activities in the summer, which can lead parents to feel like “their time” is being infringed upon." She went onto include that timesharing plans and parenting plans work to assist the parties in better communicating with each other and taking the children's interests into consideration as they get older.
Timesharing and parenting plans have been in effect since October 1, 2008, and they are helping parents put the children's needs first in the divorce. A great first step in the way we handle visitation in the future.
Lenorae Atter's reference to "sit back and enjoy the ride" truly is a motto for parents and children to benefit from in the annual time exchange.

Written By: Lenorae Atter, Florida Family Law Attorney
latter@woodatter.com

Going through a divorce in Jacksonville, Florida or its surrounding areas can raise questions involving visitation, child support, alimony, etc. However, what about grandparents and the impact of divorce on them? In Florida, grandparents are not given a statutory right or any other right to the grandchildren, except as decided by the parent(s).
This matter may arise if the parties that are divorcing disagree on the grandparents having visitation, or if one of the parents is deployed, incarcerated or otherwise not allowed visitation with the children. The primary residential parent would be the decision maker for the children in that scenario. Therefore, that parent can determine with the grandparents will actually get any form of visitation with the children. As grandparents, it is best to keep a good relationship with your own child and your child's spouse/exspouse in order to preserve a relationship with your grandchildren.

In Jacksonville, Florida family law, I deal with cases involving children, divorces, support, visitation and custody, and as d a person interested in my work, I find different information helpful. What is most interesting, however, is that there are so many different statistics we can view, pieces we can read on the effects of divorce, societal changes and how they are affected, and multiple other news and information outlets regarding this topic. However, it does not seem like most of the information provided is from firsthand experience and what a child may have witnessed in their broken home(s).
Recently, I was reading an article in the Washington Post on, the book "The Marriage- Go-Round" and how Americans have a higher rate of divorce than any other country in the world. Not only that, Florida has a higher divorce rate than mid-west or western states. The article discusses the whys and why nots and stability's role in our lives. "If you already have a child and you've broken up with the other parent, slow down. Take your time bringing new people into your household." Andrew J. Cherlin, a Johns Hopkins University sociologist.
The issues raised in the book and the article are all factors in considering a "Parenting Plan," which is now a requirement in divorces involving children. It allows you to factor in the many difficult decisions you and your exspouse will be making through your child(ren)'s life. It's important to consider factors in dealing with new relationships and introducing them into your lives. It also allows you to consider birthday, graduations, weddings, etc.

On Father's Day weekend, Governor Sanford was not celebrating with his son, but with his mistress. In Florida divorces, while we recognize adultery as having an impact, we do still recognize "no fault divorce". However, if Florida allows the affair to be acknowledged monetarily what about the consequences with children and visitation/timesharing?
Governor Sanford told his family that he needed a to the Appalachian Trail, but with four sons, the question still warrants whether the children were impacted by an absentee father for a national recognition of the same. Then, to add insult to injury for the children, it came out that Governor Sanford was no where near the Appalachian Trail, he was thousands of miles away visiting his mistress.
While we look to his wife for her response, the children remain the silent victims. I would have to assume, that even a no-fault divorce state, the emotional impact of Governor Sanford's actions will actually play a role in the overall determination of who the children live with and how liberal Mark Sanford's visitation will be.

Florida's visitation is now timesharing and residential parent is now majority timesharing parent. As a Florida family law attorney I have focused on the parents and children going through this change, but it was brought to my attention that change in visitation and custodial parents is actually having an impact on the Florida schools.
I practice primarily in Jacksonville, Orange Park, Fernandina and St. Augustine, but an article in the Bradenton Herald caught my attention. The article, entitled "Schools Custody Policy Proposed: Custodial Parent Is No Longer Decision Maker In Schools" deals with the impact the new legislation has had on the schools determining which parent is the "go to" parent on school issues. Historically, a family would go through a divorce and the mother or father was determined the "Primary Custodial Parent". In today's world of timesharing, things have changed and the language needs to be tightened up to make things easier. The legislature did create "Parenting Plans" to help in this transition and determine the roles of the parents.
While the article states that timesharing is designed to give both parents 50/50 split, that is actually not true. Timesharing is a way for the parents to feel as if they both get the child and that one parent is not more important or greater than the other. The courts, at least in Jacksonville, still frown at the concept of children not having a stable environment.

Continue reading "Florida's New Parent Timesharing Affects Schools" »

Written By: Lenorae C. Atter
As a family law attorney in Jacksonville, Florida, I handle a number of different divorce cases. The issues are always different because individuals and their assets, debts, businesses, incomes and matters related to their children are always different. One thing I have noticed is the surprise of my clients when they discover a business that was started during the marriage is actually a marital asset or liability, depending on the company's solvency.
In order to define the asset/liability, it is important to recognize what the business is and if the business is solely dependent on the spouse(s) work. A business valuation is typically a good idea, so that an outside, neutral party can determine the actual value of the property.
The other factor in determining the actual income of the parties relies on getting the business information since a number of business owners pay personal things from their business accounts. These accounts are all discoverable during the divorce proceedings, so both sides are on equal footing throughout the process.
Multiple financial actions, businesses and assets, is a great reason to incorporate a neutral financial planner/advisor into the right types of divorce proceedings. One previously mentioned in my blog was Collaborative Law, which uses a neutral financial advisor to assist the clients in reaching an amicable resolution to the divorce.

In a Jacksonville, Florida divorce, just the entry of the, "parties are returned to the status of being single" does not bar a claim for child support, division of assets and liabilities and all other related issues. Basically, it is a tool often used so that the parties can declare themselves divorce, but the proceedings continue the path they were on.
The difficulty is, when one party sees this, it may cause panic, tears, concern and frustration. Actually going about the process correctly takes finesse, patience and understanding for the other party. Explain to them that they are not stopped from getting matters resolved, but simply taking care of one issue, the actual marriage that still holds them as "husband and wife."
When going through such a process, make certain that you have certain things in place like a provision that the Final Judgment does not preclude further action. However, in regards to child support, Florida law makes it clear that you cannot actually negotiate away your right or responsibility to child support.

In Florida, the statutes regarding paternity, child support, visitation and custody have different laws when dealing with an out-of-state parent. I am a Jacksonville area divorce and family law attorney and recently I had a case involving a mother and child that reside here and a father that lives out-of-state. The issue that was difficult to overcome is, "which court is proper to bring actions regarding the child?"
Florida Statute 48.193 requires that the out-of-state resident to have some form of contact with the State of Florida. While the presumed father has the option to prevail on this issue if he has not been in Florida, nor was the child conceived in Florida, that does not resolve the issue for the presumed father.
Once a child resides in Florida, the Florida courts have jurisdiction over that child through the UCCJEA and Florida Statute 61.514. Therefore, all actions dealing with visitation and custody must be brought in Florida, so an out-of-state court may be required by the presumed father, to determine paternity and possibly child support, but if the father wants visitation with the child, he will be required to file in Florida.
Also, if any of the actions in Florida Statute 80.2011, then Florida can have jurisdiction over all aspects involving the child, regardless of the other party's contacts with Florida.
Basically, if someone brings the issue of jurisdiction when dealing with a child, the individual will most likely have to hire an attorney in two (2) states as opposed to one (1). It ultimately makes more sense for all actions to be handled in one court and one state and to save the cost for attorneys.

In Jacksonville, Florida family law , I have clients that are facing huge changes in their life whether it is from divorce or determination of paternity. The majority have never been a parent or have never been a single parent. In addition, some have jobs that have taken them from their children. The solution may be in a service being offered by Ronnie Cage, who has a Master Trainer Certification in the “Fatherhood Development” Curriculum from the National Partnership for Community Leadership. I had the pleasure of speaking with him and finding out that he coaches fathers on how to become dads to their kids whether for the first time or the first time in a long time.
Mr. Cage has found his calling in helping individuals learn, mainly fathers, to be better communicators, listeners and parents. It's a service we could all benefit from in our lives, but we can't often find the recipe to make the proper parent pie. Mr. Cage, and others in his field, may be the missing cookbook to better parenting.

Written By: Lenorae C. Atter

Collaborative action for divorce, child support, visitation, alimony and other family law matters is not common in Jacksonville, Florida.
Collaborative Law is being practiced in most parts of the country, including South Florida, but has not found its popularity in Jacksonville yet. As a Jacksonville divorce lawyer who wants my clients walking away with a smile rather than the need for the spa, I am a huge advocate of this process. I don't think children should be the victim of their parents' inability to communicate, but should be healthier through divorce because the parents have a since of stability throughout the process. That is what is offered in a collaborative law setting. It's the attorneys and the clients, from the very beginning, agreeing that a divorce process aimed at resolving the divorce, custody, child support, marital home, assets, and finances can actually be done amicably from beginning to end.
For those of you who are skeptics, I promise it works. It brings in the two sides, but it also incorporates a neutral mental health professional, financial advisor (if needed), mental health therapists for both sides (if needed), and mental health therapists for the children (if needed). It's a way for constant fighting to be put to a halt so that you can learn to communicate, since like it or not, you are going to have issues arise during your life and the life of your children and why not figure out how to work through those than just agree to disagree for the next 80 years. Who needs the stress?

In Florida, when parties obtain a dissolution of marriage and there are children involved, one issue is which party will carry the health insurance on the children. If the party who does not have primary timesharing with the children carries the health insurance for the children, he or she will receive a "credit" towards the child support obligation to help cover the cost of the health insurance. As such, it can be a benefit to be the party who sustains the health insurance obligation. However, recently, the government has been exploring the idea of taxing health insurance benefits to employees. Under the current law, employer contributions for health insurance premiums provided for employees are not taxable income to employees, but that could change in the near future. Be aware that if health benefits become taxed as income to the party maintaining the insurance on behalf of the children that this could affect the child support, net monthly income and "credits" provided to the obliging party.

In Jacksonville, Florida, like the rest of the nation, parties are finding it difficult to make the final split and afford a divorce attorney to deal with important issues. Issues that can arise in a Florida Divorce are: the dvision of assets and debts; calculating alimony; child support payments; child custody; domestic abuse; and the valuation and division of the family business.
Some suggestions in divorcing in a bad economy include finding a divorce attorney in Jacksonville, Florida who will work with you on attorney's fee payments, who will provide a free consultation or who may engage in a limited appearance on your behalf to draft and file your pleadings or to serve subpoenas or summonses. There are many creative ways to secure a good divorce or family law attorney in Florida in the waning economy. Be certain to inquire about ways to ease the payment and the process when speaking with a family law attorney.
Divorces can get expensive, but they don't necessarily have to. Be savvy and ask questions. This is a great time to buy a house or a car. Shop for a divorce attorney in the same way as you would those items. You will not be disappointed when you get the same good deal.

Many of us have heard the old adage that divorce is hardest on the children. Now counselors and psychologists have a new name for the phenomenon – they have coined the phrase “parental alienation” (also sometimes referred to as “alienation of the child”). The term refers specifically to one parent going out of his or her way to turn the children against the other parent and can include telling children inappropriate information, lying, denying court mandated visitation, and even parental abduction. Experts are careful to note that this goes far beyond relatively normal behavior of speaking out occasionally in front of the children in anger or frustration; parental alienation is marked by parents putting their own selfish feelings above the welfare of their children.

When parents put themselves and their anger ahead of their children, they draw their children into conflict, making the children confused and anxious as they try to work through issues of parental loyalty. Ongoing effects on children can include depression, behavioral problems and learning disorders. Counselors recommend using mediation and collaborative family law to resolve these types of issues within families. They believe that the best way to help children is through early intervention with parents. Most importantly, children need to get the message that it is okay to love both parents during and after a divorce. Read more about this phenomenon at Children torn by divorce.

True parental alienation is a complex emotional issue that likely will involve legal action if one parent is denying court-ordered visitation. A parent in this situation should seek legal counseling and advice from a qualified family law attorney. If you believe you are the victim of parental alienation, please contact our firm for help.

Florida family law has a relocation statute that prohibits parents from taking children more than 50 miles from their residence without first providing notice. In accordance with the Florida statute, if you have been through a Florida divorce or paternity case and your ex has the primary timeshare of the children, there are specific acts that your ex must perform to be allowed to move more than 50 miles from the primary residence. The moving parent does not have the authority to move the parties' children on his or her own accord even if the move is to accept that new employment position paying that dream salary.

In Florida, the primary parent MUST notify the other parent, in writing, of his or her intent to relocate. The notice is called Notice of Relocation and must be signed before a notary and sworn to and filed with the court. The secondary residential parent then has 30 days to file an Objection to Relocation which will be heard before a Judge who will then decide what is best for the children. The Judge will take testimony from both parties and will determine if the move will affect visitation between the children and secondary residential parent, whether the children's relationship with other family members will be affected, the emotional impact of the move on the children and the relationship with the non-residential parent.

Please note that in some cases, if the primary residential parent moves without proper Notice provided to the other party and to the court, then the courts have authority to change the primary residential custody to the non-offending party. Thus, its very important to follow the relocation requirements as failure to do so could result in the loss of custody.

Grandparents' rights in Florida are not easy to accomplish. The Florida Supreme Court has held that the Florida Constitution makes it a personal right to determine who parents allow around their children, even when the excluded parties are family members. In the Jacksonville, Florida area, there are attorneys working to fight against the perception of no rights for grandparents and sometimes there are creative methods that can be used.
The common scenario we receive is someone calling and stating, "My daughter isn't allowing me or my Husband to see our grandkids! I want to file a petition for grandparent visitation with the courts! Can you help me?" While the situation is sad and usually not in the best interests of the children to cease a close familial relationship with their grandparents, the Florida law is such that grandparents do not have an inherent right to visitation with their grandchildren.
However, the situation is not completely dire. Sometimes there are ways around the issue and having someone review your particular facts may be beneficial. Recently in St. Augustine, Florida, a man was accused of killing his wife and was charged with the crime. Prior to his arrest, the man completed a Power of Attorney so that his children could be cared for by his parents. While this is an extreme example, the underlying fact remains that parents can give up their visitation with the children to their parents if they are going to be away for a length of time. This may be a "loop hole" for some looking to see the grandchild that now lives with their child's exspouse
.

As a Florida divorce attorney, one sees many reasons that people reach divorce. Often, unhappiness describes the general mood of your marriage and you know that divorce is the only answer, its time to get your game face on and start thinking like a business person.
If you haven't given much thought to your finances because your spouse handles them, start looking at them. You need to know what expenses you have and what assets you have.

A Georgia lawyer who personally dealt with divorce and a certified financial planner founded the Institute for Certified Divorce Planners. They offer financial survival tips for the transition from married life to single life. It's not a "stick-it-to-your-spouse" moment, it's a "get a grip" momemnt. They make suggestions for what to do before the papers are filed, with the goal of easing the financial impact of the transition from wedlock to singlehood

Continue reading "It's Prep Time for a Florida Divorce" »

In Florida, when going through a divorce or separation, it is important to get a lawyer that understands the importance of putting down the boxing gloves.
You are ending a marriage and going from love to shuttering at the sounds of her voice or the site of his face, an experienced divorce attorney should take control and guide the client through a constructive not destructive approach. Even though the client may want to "take him for all he's worth" or "destroy her", its the lawyer's responsibility to provide a workable solution especially if there are children involved.
The members of the American Academy of Matrimonial Lawyers have proven that resolutions are often reached without the need for trial. In a 2007 poll, 58 percent of its members indicated that more of their divorce cases over the past five years were settled without trial. Only 12 percent said they were resolving fewer cases without trial. In this present economy, it has been shown that there is a clear preference among middle-income clients to reach agreements without a trial to cut down on the costs of the litigation.
This is not to say that nasty divorce cases are a thing of the past. Not so. In Florida Family, the areas of custody and parenting issues are the highest contested disputes, followed by spousal support and division of retirement accounts.
Due to the new Parenting Statute that went into effect October 1, 2008, the issue of shared parenting should help reduce custody litigation. Nonetheless, the level of resentment the parties may have for one another can drastically affect both the tone and the strife of divorce proceedings.
In the end, there is usually never a true "winner" in a divorce proceeding because of the emotionalism of the area of law. However, your lawyer must be experienced enough to counsel you through the proceeding and to protect your interests from the initial client consultation through mediation to the final hearing. Its important to find a lawyer who doesn't create roadblocks to settling just so he/she can pay his mortgage by billing you. Once the boxing gloves come off and people start to heal, a workable agreement should be able to be reached for both parties ultimate best benefit.

In dealing with Florida family law cases with children, child support is an obvious factor. When going through a Florida divorce or paternity action child support will most likely be ordered by the court. In today's economic times, many more Floridians are facing bankruptcy and how that affects their Florida child support obligations.
Often, one party files for bankruptcy believing that any financial obligation to the other party will be dischargeable in the bankruptcy. On October 1, 2005, the new bankruptcy law went into effect and is entitled BAPCPA. The new law changed many things in the bankruptcy code including how a "domestic support obligation" will be treated. The support obligation can come in many forms such as alimony, child support, money owed to a spouse, or a money obligation incurred during a divorce agreement. Before BAPCPA, the bankruptcy law stated that you could NOT discharge a child support obligation or alimony in a Chapter 7 but you could discharge any money owed to a spouse under a divorce agreement as long as the money wasn't a part of the child support or alimony obligation. This is usually termed as an "equalizing payment" in the final agreement or judgment
Under the old law, if the spouse filing for bankruptcy couldn't pay the debt or if discharging the debt would be less detrimental to the spouse receiving the funds, it could be listed and discharged. Not so with the new law. In a Chapter 7 bankruptcy, the spouse will still have to pay and will not be able to discharge the debt so when the bankruptcy is over, the spouse will still owe the debt to the other spouse
If you or your spouse are having to file for bankruptcy, I encourage you to explore the idea of filing a joint case. This may be more beneficial to both of you in the end. The Bankruptcy Law Network is a blog that contains lots of good information concerning bankruptcy. If you are considering bankruptcy, you should check out this blog because it has information regarding bankruptcy, debt and collection.

As a Jacksonville, Florida family law attorney, divorce, visitation and custody issues are part of my daily practice. Visitation and custody are usually emotional and working with a client on their parental demeanor is vital in moving forward and eventually going before a judge. When dealing with custody and visitation of a child it is important that the court sees that you are willing to cooperate before pulling out a sword.
As of October, 2008, the Parenting Plan Statute went into effect with the purpose of countering bad behavior. The timesharing and parenting statute requires all parents to file and have the court approve a parenting plan that lays out exactly how all issues of time sharing with the minor children are going to be handled. Instead of limiting yourself to only two options, winning it all or losing, there is another, more productive way to approach the custody issue. The approach may require more maturity than some parties can muster, but, for those able to shift gears, think rationally and be patient, the following approach can be rewarding for them and their children. These steps can lead to a better solution for all, especially the children.
Think about, discuss and decide what your ultimate goals are for the kids. What outcomes would you like to see? Many people would want some of the following (or similar) goals:

1. Family Relationships
a. The kids having a great relationship with both parents
b. The kids having a great relationship with their extended families
c. Financial security for the children
d. Having a safe, secure home for the children
e. Having good schools for the kids
f. Providing for a college education for the children
g. Providing sports opportunities for the children
h. The opportunity for the kids to learn music, art or other interests

Each parent can decide what he or she thinks would be important goals for their children. Broader, underlying goals are more helpful and meaningful. If both parents think of goals in broad terms, they often can agree on them.

2. Look at the big picture.

a. Financial abilities of the parents
b. Parental/family member time available
c. What homes and schools are available and affordable
d. What the parents’ neighborhoods are like
e. The existing relationships between parents and children and the roles each parent plays with the children
f. What community resources are available
g. What special needs, if any, a child has
h. What interests the child has

Continue reading "The Importance of Attitude: Florida Divorce, Visitation & Custody" »

In Jacksonville, Florida, Family Law and Visitation took on a new role on October 1, 2008 and the way custody and family law has been practiced in Florida is no more. With the new parenting plan statute, judges are no longer to use taboo words such as custody, visitation, custody litigation, primary residence or access and contact. The words will now be replaced with the terms "parenting", "parenting plan litigation" or "time sharing schedule litigation", "time sharing majority of the time", and "time sharing".When dealing with visitation and parent-relations, "best interests" of the child factors have now changed and new factors have been implemented in Florida Family Law. The Florida parenting plan statute is designed to isolate the children from the divorce proceedings as much as possible and to emphasize drafting a plan to help parents in divorce meet the child's needs.
The following factors are now considered when parents are divorcing and custody and children are at issue:
(a) The demonstrated capacity & disposition of each parent to facilitate and encourage a close & continuing parent-child relationship, to honor the timesharing 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 & disposition of each parent to determine, consider & act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child The permanence, as a family unit, of the existing or proposed custodial home.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the child is of sufficient age.

Continue reading "Jacksonville, Florida's New Parenting Plan Requirements" »

In Florida divorces, Injunctions are prevalent. A Florida Injunction can be handled by your Florida Divorce Lawyer. There are specific criteria that must be met before a court can enter a permanent injunction. Section 741.30 of the Florida Statutes lays out exactly what must be argued to have a temporary injunction entered as a permanent injunction. The statute says that the petitioner must have been a victim of domestic violence OR have reasonable cause to believe that he or she is in imminent danger of becoming the victim of any act of domestic violence. The Elements which must be proven at a hearing before the Circuit Court are as follows:
1. Must be between family or household members.
2. The petitioner must claim to have been the victim of DV or is in fear of imminent DV attack. 3. The sworn petition shall allege the existence of such domestic violence and shall include the specific facts and circumstances.
4. Jurisdiction: Where petitioner currently resides, temporarily resides, where respondent resides, where domestic violence occurred.
There are specific ramifications of a temporary injunction being made permanent. If the petition is granted the respondent will be required to complete a 26 week Batterers' Intervention Program (and pay for it) if (a) the respondent has willfully violated the temporary injunction or (2) has ever been found guilt of a crime involving violence (batteries) or threat of violence (assaults). You should contact a Florida Family Law attorney regarding your needs for an injunction or to defend against allegations made against you.

Florida law requires that all divorcing couples with children have a parenting plan, which includes support obligations for both parents. How do the courts in Florida determine a parent’s child support responsibility? The formula, outlined in Florida Statute 61.30, uses the parents monthly income to figure the total child support payment amount. Then each parent is assigned a percentage of responsibility based on their income as a percentage of the total income of both parents. There are some other factors that come into play as well.

Child care: 100% of child care costs due to employment must be added to the support amount.

Health insurance: Any premiums and ongoing medical expenses not covered by insurance must be added in.

Determine the actual amount of support: Florida allows parents to increase or decrease support obligations by as much as 5% without court approval.

Adjust for overnight visits: Child support must be calculated based on the number of nights the child regularly stays with each parent.

Add a provision for terminating child support: In order to automatically end support payments when the child turns eighteen, joins the military, or other recognized events, parents must include a provision for this in the parenting plan. Otherwise the parents will have to return to court to reduce or eliminate the payments.

Consider insurance: The court may require a payer to obtain life insurance. The court cannot require disability insurance, but parents can include a provision to maintain an existing policy.

If you are considering divorce and have children, please contact our firm for legal counsel. Find out more about Florida child support law at Florida Parenting Plans - Child Support Issues to Consider.

In a majority of Florida visitation cases, stopping the relocation of a custodial parent is difficult. After a divorce, determining paternity, or separating, relocating or moving with a child is not as easy as hiring a moving van. In Florida, there is a relocation statute requiring the relocating parent to inform the other parent of his or her intention to relocate and file that notice with the courts.
Once notice is provided, the parent that is not relocating has the option to file an objection to the move, with the court. Once that objection is filed, the judge must have a hearing to determine if the move will be permitted.
At the hearing, the parent that is relocating must show the court that the move is in the child's best interest and that it will not infringe on the non-relocating parent's visitation and relationship with the minor child. Also, there has to be a showing that the parties are able to afford travel expenses involved in continuing that visitation.
The courts want to preserve the non-relocating parent's relationship with the minor child and if the relocation would significantly diminish that relationship then the courts may be more apt to preserve the visitation rather than allow the relocation.

Written by: Whitney R. Lonker
Wood, Atter & Wolf, P.A.

New York Yankee fans can rest assured that Alex Rodriguez (A-Rod) will be able to focus on baseball this year. His Florida divorce is over after less than a year battling with his (ex) wife, Cynthia Rodriguez. The couple was able to reach a settlement agreement, trumping the need to go to court.

Cynthia Rodriguez filed for divorce in Miami, Florida in July, 2008. The petition filed with the court stated, “The marriage of the parties is irretrievably broken because of the husband’s extramarital affairs and other marital misconduct.” Florida is a “no-fault” divorce state, meaning that the affairs really held no legal bearing on alimony. However, any money A-Rod used in advancing the relationships could come back to pad the pocket of Mrs. A-Rod. For example, a trip to England to visit a certain pop star could be fully reimbursed depending on the settlement reached by the couple.

Continue reading "A Florida Divorce Makes Yankee Fans Happy" »

In Florida, the parent that does not have the child the majority of the time does have rights. The court's main objective is to foster a good relationship between children and parents. In Jacksonville, Florida, the Court has developed the 4th Judicial Circuit Visitation/Timesharing Guidelines to help institute a satisfying schedule for both parents. These guidelines are suggested for parents that cannot reach a satisfying agreement regarding timesharing (visitation). If you and the other parent are able to agree on a schedule, then you can have a more liberal plan in place. Factors in determining the proper timesharing/visitation is also different when the child is under the ageto attend school and it changes if the child lives in a different city or state, depending on the distance.

Parental time sharing is considered important in Florida because it is in the best interest of the child to have a relationship with both parents, if possible. Florida Statute 61.13 details some of the aspects of handling visitation, but typically the courts in your area will have certain guidelines they follow. It's important to know what rights you have as a parent and to implement those rights with the court.

Written by: Lenorae C. Atter
Family Law Attorney
Wood, Atter & Wolf, P.A.

Having grown up in Florida, in a divided home. this is something I know a lot about. As a family law attorney in Jacksonville, Florida, I utilize what I learned as a child in dealing with similar situations. Dividing holidays, birthdays, special occasions and family vacations are a concern for any parent going through a divorce or paternity action. In Jacksonville, FL, we have the 4th Judicial Circuit Visitation Guidelines, which were designed by the court to make division of time easier on parents when they cannot reach an agreement.
Development of a timesharing and parneting plan assists the parents in formulating their schedule for the youth of the child, not just year-to-year. For instance, in accordance with the Jacksonville-area guidelines, holidays are alternated between the parents. In odd numbered years Thanksgiving will be with one and Christmas will be with the other and it will switch for the following,even-numbered year. If you are fortunate to all live in the same city, then it is alternated a little differently.
In approaching the subject with your children, it's important to keep a positive attitude about the changes. Remembering the "silver lining" ideas, such as more presents and twice the celebrations. I remember having two birthday parties, which seemed like the coolest thing in the world when I was a kid.
When separating and developing two different households things will never be perfect, but they can and often do work.

By: Lenorae C. Atter
Family Law Attorney
Wood, Atter & Wolf, P.A.

Florida courts recognize that some spouses do not have the income of the other and may have a need for assistance while they go through a divorce. Temporary needs have been established to protect a spouse needing support to remedy the ability for the soluble spouse to overpower with a "hired gun" because it provides the court the ability to assess attorneys fees and costs to the nonsupport seeking spouse. This levels the playing field and assures legal representation for both parties.

In addition to providing legal fees, the Temporary Needs are designed to assist in keeping the status quo of the marriage. Temporary Needs can address the following: alimony (to be provided during the divorce); child support; the marital home and expenses; etc.

The theory is to provide a comfortable transition for both parties and to address the issues that are pending immediately upon separation and the filing for a divorce. In order to preserve these rights and make certain that your issues are being addressed, it is important to contact an attorney who would be able to walk you through your situation and what you may or may not be entitled to receive.

In Florida, moving with a minor child is more than just hiring a mover. Florida Statute 61.13001 gives you specific directions in dealing with this topic, but not following the statute can lead to many issues.

If you are moving 50 or more miles away and you plan on taking your child(ren), then the statute requires that you inform the other parent by Notice and let the court know of the change. The other parent has the right to object to your relocation after receiving notice. If you move before the relocation is entered with the court, then you can be forced to return to Florida, with the child. Failure to comply can lead the court to order you stay in Florida; change the primary residence of the child; or other otions available to the court. It is important to understand that Florida Statute 61.13001 is very precise and has a number of requirements, it is important to follow the statute precisely and would be beneficial to seek legal counsel.

For many years, the courts in Florida have embraced the idea that a child of divorced parents should enjoy the input and direction from both parents, not just the parent who has “custody.” So, under Chapter 61, Florida Statutes, the court will typically require that the divorcing parents have “…shared parental responsibility.” Sometimes this is loosely referred to as, “joint parental responsibility,” or at least what that’s what the parents “hear” when they hear “shared parental responsibility. But this does not mean “joint custody.” Joint custody is where each parent has “custody” of the child for roughly equal lengths of time. This is not usually favored by Florida courts, as it often becomes impractical, especially if the parents live too far apart, or even in different school districts, much less different cities. Also, as children grow, their circle of friends and social interests expand, which can be compromised by their going back and forth between parents like a ping-pong ball. So, “shared parental responsibility” or even “joint parental responsibility” is not the same thing as “joint custody.”
With “shared parental responsibility,” both parents keep full parental rights and full parental responsibilities. Section 61.046, Florida Statutes. This also means that the parents must consult and confer with each other on matters concerning the welfare and best interests of the child, especially on major decision. When it comes to medical care or education, these decisions should be made jointly, if possible, after the parents have consulted each other. However, sometimes a court will split these areas of responsibility between the parents. Section 61.13(2), Florida Statutes.

In a typical divorce case, the child’s “primary residence” is deemed to be with one parent, who is granted the “primary residential care” of the child. This parent is usually referred to as the “custodial parent.” Sections 61.046(3), 61.13(2)(b) 2.a., Fla. Statutes. Not surpisingly, the other parent is usually called the “noncustodial parent.” Section 61.046(10), Florida Statutes. But none of this labeling changes the basic fact that the parents usually share in the parental rights and responsibilities for the child.