Visitation Issues

August 1, 2011

I Want to Change My Child’s Lastname: Florida Name Change

A Florida name change of a minor child can be challenging if both parents are not present in the child’s life. Name changes are often requested so that the child bares the name of a parent, especially when one of the parents is absent. If both parents share parental rights, then a name change requires both parents to consent to the change. However, in order to change a name a petition for change of name must be filed with the court and it can then be served on the other parent.

In the event the other parent cannot be found, or the other parent is no longer a resident, then the petition may be served by publication. If there is no response to the service, either actual or constructive (published), then the other parent would be in default and the name change may occur without actual consent, but implied consent by the inaction.

If you are interested in changing your child’s name then you should speak with a family law attorney about your rights and options.

July 22, 2011

Moving From Florida With Your Child: Relocation Statute

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Moving with a child can require meeting Florida statutory requirements, such as providing notice of relocation. If the parent moving has majority time-sharing (i.e. visitation or custody), then that parent needs to provide notice to the other parent of the relocation, which must include certain information in accordance with Florida law. Not following this statute can lead to the court determining you have to come back to Florida.

July 19, 2011

Florida Child Custody and Time-Sharing Changes

By Erlinger Family Law

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.

July 15, 2011

Florida Divorce or Paternity Case May Require a Social Investigator

By Erlinger Family Law

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.

July 12, 2011

What is Florida Parenting Coordination?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Time-sharing is an issue for Florida divorces involving children and in paternity cases. Florida requires a time-sharing plan to establish the visitation of schedules for parents and children. The time-sharing schedule can be agreed upon by both parents, but if they disagree, then the Florida family law court may require the parties attend parenting coordination in accordance with Florida Statute 61.125.

July 8, 2011

Divorce in Family with Twins: Florida Divorces

By Erlinger Family Law

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.

July 7, 2011

Florida Timesharing and Divorce: Link Between Kids of Divorce and Suicide

By Erlinger Family Law

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.

July 6, 2011

Divorce’s Impact on Children According to New Study: Florida Divorce

By Erlinger Family Law

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.

July 5, 2011

Florida Timesharing for Children of Divorce May Help Reduce Impact on Kids

By Erlinger Family Law

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.

June 30, 2011

In My Florida Divorce, Can My Children Tell the Court Their Preference?

By Erlinger Family Law

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.