New App Aims to Help Parents Post-Divorce

Navigating how to co-parent during and after divorce is one of the biggest stresses single parents have.  There is a lot of information that parents need to stay in compliance with the parenting plan and as a preventative measure in case a dispute arises about parenting time or financial contributions.  The current structure of child custody, which is now referred to as parenting time, is encapsulated in a parenting plan and requires much more cooperation between divorced parents than in the past.  Click here to read more.

Navigating Summer Vacations and Shared Custody of Your Child

Children impatiently wait for summer vacation most the year, as they dream about being free from the strictures of school and schedules. For parents, however, this time of year can bring a lot of stress, especially if they share custody of a child. Planning summer getaways and figuring out child care when school is out of session can create tension with the parenting schedule, sparking disputes that can quickly escalate. Before disagreements about parenting time and activities get out of hand, and potentially require the intervention of a court to resolve, there are steps parents can take to minimize the possibility of contentious issues. When parents argue over child-related issues, the child is usually the one most affected, which is rarely a parent’s desire or intent. An overview of several methods that could reduce the chance of a dispute with the other parent over summer vacation plans will be discussed below.

Check the Parenting Plan

Parenting plans often include provisions regarding any changes to the parenting time schedule during school vacations, but parents sometimes forget to refer to this document and inadvertently violate the terms when planning family events. Thus, this document should be the first place parents look to when planning summer events. If the parenting plan is silent on school vacations, or the provisions no longer work for the parent and child, it may be time to attempt to work privately with the other parent on a reasonable plan for the summer season. Any negotiations or agreements between the parents should be in writing in case court involvement is needed in the future to formally change or enforce parenting time.

Early Planning

One of the easiest and best strategies a parent can use to reduce conflict is to plan as early as possible, and keep the other parent informed about the plans and any potential disruptions to the parenting time schedule. If the other parent is kept in the dark about when and where the child will be, the likelihood of legal action is much higher. Any deviations from the established parenting schedule should also be written in the event a petition must be filed to enforce custody rights and to defend against allegations of violations of the parenting plan by the other parent.

Notifications

To further encourage cooperation by the other parent, send reminders in the days and weeks leading up to the trip. This effort will ward off accusations by the other parent that he/she was not kept informed, and hopefully prevent the parent from making conflicting plans with the child over the same period of time.

Modify the Parenting Plan if Necessary

If it appears that the other parent is unwilling to consider accommodating summer plans or actively seeks to interfere with custody rights, the only option left may be to ask a court to modify the parenting plan. Court-ordered modifications to a parenting plan will be granted if there is a “substantial, material and unanticipated change in circumstances,” and the modification is in the best interests of the child. In addition, depending on the circumstances, a parent can also ask for additional parenting time and/or the payment of costs related to the other parent’s interfering actions.

Contact a Family Law Attorney

Child custody disputes can quickly turn into nasty affairs that call for legal action. The Tampa Bay law firm All Family Law Group, P.A. focuses on all areas of family law, including child custody, and will fight to protect your rights as a parent. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

What Can You Do if the Other Parent Ignores the Parenting Plan?

The cornerstones of child custody arrangements in Florida are parenting plans. These documents outline when each parent has physical custody of the child, and the legal authority each holds over important decisions in the child’s life (education, medical care, activities, etc.). In practical terms, both parents must compromise and cooperate with one another in order for parenting plans to work, but unfortunately, not all parents are willing to follow the terms set out in this document. All parenting plans must be approved by a court so they can be legally enforced in case one party decides to violate the terms. Violations can include not returning the child at the appointed time, preventing communication between a parent and child, or taking the child out of the area without the other parent’s knowledge or permission. Florida law, understanding the seriousness of denying a parent lawful access to a child, has civil procedures and criminal penalties to deter this type of conduct.

Risk of Violation

If a parent is lucky enough to realize the other parent is planning to violate the parenting plan, that parent can ask the court to issue orders designed to stop the other parent from following through with his/her intent. However, the type of violation must relate to a parent planning to take the child out of the state or country, or conceal the child’s location. The petition must include considerable evidence demonstrating the parent’s intent (plane tickets, real estate inquiries, contacting schools, closing bank accounts, quitting a job, for example), and cannot be based on a suspicion or unsupported fear. Assuming there is sufficient evidence of a plan to leave with or conceal the child, the court can issue orders limiting the parent’s ability to take action, including:

• requiring the parent to get notarized permission from the other parent or a court order before taking the child out of the State or country;
• requiring the parent to post security or bond as a financial deterrence to taking the child;
• requiring the parent to surrender the child’s passport, or, if the child does not have one, requesting the Passport Service Office not issue a passport until further orders from the court;
• imposing restrictions on visitation, including requiring supervised visitation; or
• prohibiting the parent from picking up the child from school or daycare.

Modification of the Parenting Plan

If violations have occurred, but do not include abducting the child, a parent’s best course of action is to petition the court for a modification of the parenting plan. Parenting plans can be changed if there are substantial, material and unanticipated changes in circumstance, and it is in the best interests of the child. Ongoing efforts to prevent or limit a parent’s access to his/her child in contravention of provisions of the parenting plan would almost certainly persuade a court to modify the parenting plan. The court could give the non-offending parent sole custody or impose limited or supervised visitation for the offending parent to prevent further interference with the parenting plan.

Interference with Child Custody

Finally, if a parent has taken steps to keep a child away from another parent with custody rights, the state classifies this behavior as the crime of interference with custody. The concealment or removal of the child must be with the “malicious intent to deprive another person of his or her right to custody.” This offense is a third degree felony, which could land someone in state prison for up to five years. However, the law does grant defenses to this crime for actions taken to protect the child’s welfare or escape domestic violence.

Get Legal Advice

If you are dealing with an ex- spouse or partner who continually violates the terms of your parenting plan, do not try to fight this battle alone. Being proactive when violations begin reduce the chances of the other parent being able to take your child beyond your reach. The Tampa Bay All Family Law Group, P.A. understands what is at stake and will fight to protect the interests of you and your child.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Child Custody Decision Guidelines in Florida

Parents contemplating divorce often have a much more difficult time deciding whether to end the marriage. Divorce greatly affects children, and is known to leave a negative stamp on a child’s development. Certainly, couples in unhealthy relationships should part because staying together is also damaging to a child, but divorces involving children are naturally more complicated. Figuring out how to divide childcare and decision-making responsibilities frequently leads to conflict as each parent fights to ensure they maintain a strong presence in their child’s life. Parents ideally negotiate their own child custody arrangement, often with the assistance of a divorce attorney, but in high-conflict divorces, the court is typically tasked with making this decision. Giving this much power to the judge may seem frightening. A group of women in Palm Beach County founded an organization in 2003, Families Against Court Travesties (FACTS), dedicated to scrutinizing the family court system after encountering judges who seemed to favor one party in high-conflict child custody cases. Understanding the guidelines judges must follow in child custody decisions will help divorcing parents move through the process with less stress and anxiety.

Parenting Plans

Florida law requires all divorce cases involving minor children to include a parenting plan, which governs how the parents will split responsibilities for the children going forward. Many divorcing couples formulate their own parenting plans since they can cater to the unique needs of their families, but the court must still approve the terms. All parenting plans must do all of the following:

• describe with sufficient detail how the parents plan to share the daily tasks of raising a child;
• specify how much time the child will spend with each parent;
• indicate who will be responsible for decisions related to health care, education, and other activities; and
• describe how the parents plan to communicate with the child.

If the judge must create the parenting plan, the court starts from the premise that both parents will share responsibility, and will only deviate from this standard if following it would be detrimental to the child. Evidence of domestic violence or convictions for other violent offenses are examples of issues that would be detrimental to the child, and cause a judge to consider awarding all parenting responsibilities to one party. The court will give considerable weight to the wishes of the parties, but the one principle that drives all child custody decisions is the best interests of the child.

Best Interests of the Child

In order to ascertain what is in the best interests of the child, the court takes into account a number of factors. These factors help the court to evaluate the needs and circumstances of a particular child and family. Some of these factors are:

• the ability of each parent to support a close relationship between the child and the other parent;
• how often a parent would delegate parental responsibilities to a third party;
• the ability of each parent to put the needs of the child first;
• the geographic viability of the parenting plan, especially for school-age children;
• the mental and physical health of the parents;
• the ability of each parent to provide a consistent routine for the child;
• the ability of the parents to communicate with each other on child-related issues and adopt a united front on important issues; and
• the ability of each parent to meet the child’s needs.

Consult a Florida Family Law Attorney

If you are getting divorced or have questions about child custody issues, it is best to speak with an experienced family law attorney to ensure you receive accurate information on such an important matter. The Tampa Bay law firm, All Family Group, P.A., will conduct a thorough analysis to determine what the best arrangement is for you and your family.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Relocating with a Child May Require More than Hiring Movers

The world is now a smaller place due to advances in technology that allow us to travel faster and stay in constant communication. One significant byproduct of this change is people are much more mobile today compared with previous generations. Moving for a job or a change in lifestyle is now considered normal, and divorced parents, while needing to consider additional concerns, are part of this group. Certainly, all parents must weigh the impact of uprooting a child to a new place before deciding if the transition is in the family’s best interest, but when child custody issues are put into the mix, the decision becomes complicated. The law recognizes the fact that people with shared parenting responsibilities relocate all the time, while also taking into account the competing interest of the parent left behind who will lose regular contact with the child. Consequently, rules are in place to regulate these circumstances, which are aimed at determining if the move is in the child’s best interest, including an assessment of whether the motivation behind the relocation is legitimate and not vindictive. Parents who have conflicted relationships with ex-spouses may want to avoid a discussion on this issue, but relocating parents cannot keep the other parent in the dark. An overview of the legal requirements for a parent planning to relocate will follow below.

Agreement vs. Petition

As a preliminary point, these rules only apply to changes in the parent’s residence that are greater than 50 miles and expected to last more than 60 days. Any relocation less than this distance does not need parent or court approval. At a minimum, the parent seeking to relocate with the child must obtain the consent of the other parent, and memorialize the agreement in writing. The written agreement must include an affirmative acknowledgement of the other parent’s approval and a plan for how the parenting time arrangement will be modified to reflect the child’s new location. If consent is not obtained, the relocating parent must receive permission from a court to move forward. This requires the parent to file a petition in court, and serve a copy to the other parent so he/she has notice of the legal action. The petition must include a description of the reason for the move and a revised timesharing and travel schedule for the child, or it will be dismissed.

Contested Relocation

Once a parent receives notice about a potential relocation, that parent has 20 days to contest the request. If the parent fails to do so, the relocation will be granted without a hearing or notice, unless it is against the best interests of the child. Filing a response to contest the relocation will put a temporary hold on the move until the matter is settled. The parent seeking to relocate has the obligation to show why the move is in the child’s best interest, but if this burden is met, the responsibility to demonstrate why the move is against the child’s best interest shifts to the parent contesting the move. To evaluate what is in the child’s best interest, courts weigh a number of factors, including how the move will affect the nature and quality of the relationship with the non-relocating parent and how the move may impact the child’s development. Some other factors are:

• the child’s preference, assuming the child is mature enough to make a reasoned decision;
• if the relocation will improve the quality of life for the relocating parent and child;
• if the relocation is requested in good faith; and
• the reason each parent is asking for or objecting to the relocation.

Talk to a Florida Family Law Attorney

If your child is involved in a possible relocation, seek the advice of an experienced family law attorney well before the planned moving date. If a parent relocates with a child without fulfilling the necessary legal requirements, serious legal consequences could follow, including potential loss of custody. The attorneys at the Tampa Bay law firm All Family Group, P.A. understand what is at stake in child-related matters, and will work to get the result is best for your family.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

What to Do When You Suspect the Other Parent Plans to Kidnap Your Child

Ask any child of divorced parents what would make them happy, and most will respond with having their parents together again. While it is fairly well known that children tend to do better in intact homes, this situation is not always tenable or in the child’s best interest if the parents are unable to maintain a healthy and functioning relationship. When a couple does decide to separate or divorce, and issues of child custody and parental responsibilities are addressed, most parents strive to make decisions that are best for their child. Unfortunately, though, not all parents are willing to discuss or compromise their positions on their children, and this unyielding attitude can easily lead to disputes. An extreme manifestation of this inflexibility is a parent who decides to ignore or directly violate a parenting plan in order to keep a child away from the other parent or legal guardian. A woman in Citrus County was recently arrested for interference with child custody when she forcefully took her children from the court-appointed guardian after being told she had no legal right to see them. Worrying about a parent kidnapping his/her child is a terrible scenario for the other parent, but the law does offer some protections to a parent fearing this possibility.

Parents at Risk of Violating Parenting Plan

The purpose of a parenting plan is to establish the responsibilities of each parent, and includes a time-sharing schedule that outlines how much time a child will spend with each parent. If a parent has legitimate evidence that another parent is likely to violate the parenting plan by removing a child from the state or concealing the child’s location, the parent can file a petition with the court asking it to block any possible attempts. The court has authority to prohibit the parent from taking certain actions that would facilitate travel with or concealment of the child. Some of the options a court has to inhibit a parent’s ability to violate the parenting plan include:

• requiring court permission or the consent of both parents to remove the child from the state or country;
• requiring the parent to surrender the child’s passport;
• imposing travel restrictions that insist on a parent providing a travel itinerary and contact information for the child before travel can commence;
• prohibiting a parent from removing the child from school or approaching the child outside of the designated site for visitation; and
• imposing limitations on visitation or requiring all visitation with the child be supervised until the risk of a parenting plan violation has subsided.

Bringing a Child Home

Once a child is taken to another state or country and contact with a parent is cut off, it is important to know what laws are in place to resolve this situation. Most states, Florida included, enacted a law that governs child custody disputes that cross state lines. The law, the Uniform Child Custody Jurisdiction and Enforcement Act, allows courts in different states to speak to one another in order to determine which court should decide the child custody case, and ultimately, where the child should live. This decision is based on the residency of the child, which is typically established by where child lived for the previous six months. Consequently, taking legal action as soon as possible is important to preventing a change of residency for the child. Motions related to child custody disputes are heard quickly to facilitate an efficient resolution of the matter for the sake of the child, especially when parental kidnapping is alleged.

The most important thing, when a threat such as this exists, is to get a court order outlining the rights of each parent. Without this legal backing, law enforcement will not have the authority to intervene if there is a kidnapping, leaving one parent with little recourse to get the child back.

Hire a Family Law Attorney

If you are fighting with an ex-spouse about parenting time or other child-related matters, and fear he/she will take action to keep the child away from you, you need to speak with an experienced family law attorney as soon as possible. Keeping the child in the state is imperative to protecting your rights, and the attorneys at the All Family Law Group, P.A. understand how important child custody issues are. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

When and How a Parent Can Change a Parenting Plan

Discussing when and how to divide child custody and visitation is one the more contested issues when couples decide to separate and divorce, as it is a topic central to being a good and present parent. Forming compromises that adequately address the needs of the child and the rights of the parents is a difficult process, but Florida law requires all divorcing parenting to create a parenting plan. A parenting plan lays out the duties and responsibilities of each parent and includes a time-sharing schedule so that both parents know when the child will stay in each household. Crafting a parenting plan that will work through all stages of a child’s life is exceedingly hard because inevitably circumstances will arise that greatly change the needs of the child and the ability of the parents to maintain the same arrangement. Wanting to make changes to custody and/or time-sharing schedules during the school year can be especially difficult as parents try to balance what works for all parties with the need to provide consistency for the child. However, sometimes changes are necessary, but in order to protect the interests of the child and rights of parents, modifications of parenting plans should be approved by the court.

Basic Standard for Modification

The legal system always wants to promote cooperation among parties because it lessens the likelihood of a dispute, so if the parents are able to agree on changes to the parenting plan, they are not technically required to get court permission. However, these changes should be memorialized in writing and submitted to the court to ensure each parent knows what their obligations are, and to protect against one parent later claiming there was no agreement. If the parents cannot agree on changes or a parent refuses to even consider altering the current arrangement, the only option is to get a court order modifying the parenting plan. Note that a judge will not decide on a petition for modification until a hearing is held where each party has an opportunity to present his/her side.

Florida law states that any change to parenting plan or time-sharing schedule is only permitted if there is a “substantial, material, and unanticipated change in circumstances.” This standard is fairly ambiguous, and what it means in practice can vary from judge to judge, but basically, there needs to have been some change that is fairly permanent the parties had no way of anticipating when the original parenting plan was created. However, like all family law cases, the ultimate deciding factor is what in the best interests of the child.

Circumstances that Warrant Changes

Because the statute does not define what a substantial, material, or unanticipated change is, courts must look at the facts of each individual case to determine if a change is justified. Looking at past cases, circumstances that would likely justify a modification of the parenting plan include:

• efforts by one parent to alienate the child from the other parent;
• failure to comply with the parenting plan;
• a parent’s interference with other parent’s time with the child;
• blocking a child from calling the other parent;
• making false accusations of abuse against the other parent; and
• misleading the court in order to gain custody.

Contact a Family Law Attorney

If you have concerns about your current parenting time plan or wish to make changes, speaking with a knowledgeable family law attorney can help by informing you about your legal options and the procedure that is best suited to meet your goals. The Tampa Bay law firm of All Family Law Group, P.A. will work to tailor child custody and visitation arrangements that are best for you and your child.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Reviewing Time-Sharing Options

When parents’ divorce, one of the most controversial and complex decisions is how to resolve issues regarding the children. There are various time-sharing arrangements available to Florida families. In Florida, custody is now called time-sharing, as both parents are expected to make decisions for the child, spend time with the child, and provide support if applicable.

Parenting Time

Generally, shared parenting is the preferred option for child custody. However, the courts do review all factors when considering arrangements. Parents are both expected to provide for their children and spend time with them on a regular basis. Ideally, parenting time should be split in a manner that provides equal time with each parent.

Factors in Considering Custody

The courts have the final decision when determining child time sharing issues. Some of the factors that they use when considering custody include:

• Ability of each parent to provide care;
• The relationship between parent and child;
• Physical and mental health of each parent;
• Moral fortitude of each parent;
• Ability to provide safe, substance-free home; and
• Ability of each parent to meet the developmental needs of the child.

The most important factor that is always at the forefront of any decision is choosing what is in the best interest of the child. The welfare of the child is of utmost importance, and comes before almost every other factor in making a decision of where the child should live.

Parenting Plan

A parenting plan is required for all couples who have minor children at the time of the divorce. The plan is part of the Florida divorce statutes, and is necessary before a divorce will be granted. Parenting plans should address the major areas of concern regarding the children. Some of the important aspects that must be included are:

• Parents will share daily responsibilities of child care and upbringing;
• A time sharing schedule to specify time spent with each parent;
• Determination of how parental responsibilities will be distributed; and
• How parents will communicate with each other and with the child.

A detailed parenting plan will save parents from disagreements later on. The plan should include information about how to make modifications to the agreement should they become available.

Child Residence

Although parents often share legal responsibilities for the child, the child will usually reside primarily with one parent. Many times, the child resides most of the time with one parent and the other parent has regular visitation with the child. Visitation times should be outlined in the parenting plan. The parents need to share time when the child is on holiday or vacation from school. Changes to these arrangements can only be made through the court. A hearing must be requested where both parents will have the opportunity to speak to the judge.

Parenting issues are very serious matters because they can have a major impact on your child’s life for years to come. As a parent, you probably have many questions and concerns about parenting time during a divorce. Contact the Tampa divorce attorneys and bankruptcy lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+