Moving Away with Children after a Divorce

A divorce can cause a lot of emotional turmoil and can disrupt the family for a long period of time. The children are of utmost importance when making the many decisions that are involved in the divorce process. In Florida, as in other states, the courts are required to make judgments that are in the best interest of the children. The major parenting decisions are handled in with a document called a parenting plan. The parenting plan details how the care and custody of children will be handled after the divorce is finalized.

Child Custody

Most parents today take part in what is known as “shared parenting”. This means that both parents share legal custody of the kids. Legal custody refers to the major decisions that must be made for a child. For example, some of the important decisions include medical, educational, and religious options. Physical custody is simply the location where the children reside. Sometimes one parent has primary physical custody while they share legal custody with the other parent.

Moving Out of State

Once a parenting plan is put into place as part of the divorce, it is a legal order and must be followed. Both parents are typically allowed access to their children. Moving to another state would severely limit the contact of one parent, so it is usually not allowed. If you are considering a move to another state and you are the primary custodial parent, you must first consult your divorce documents. Determine how a potential move is to be handled. This is often covered as part of the parenting plan.

Request a Hearing

A change to the divorce order, including changes to a child’s residence, must be made through the court system. Even if the other parent agrees to the move, the change must be made legally by a judge. However, in many cases the other parent will not approve of the move. The first step is to discuss the matter with an experienced divorce attorney. Your lawyer will assist you in taking the steps needed to request a hearing.

Preparing for the Hearing

The hearing is the court date during which the judge will review your request and make a determination. Both parents are required to attend the hearing. Each parent is allowed time to present information and data to support their position. It is important to remember that the judge will always make a decision based on what is best for the child. All aspects of the case will be reviewed when making such a serious decision.

It is helpful for parents to have a plan in place that addresses how visitation will occur in the future. When the children are older, typically over age 12, they may be consulted regarding their wishes. This would be done by the judge, often in chambers. The courts always make sure that the children are protected and the decision will reflect that.

If you are considering making a move out of state, or your former spouse has requested to move with your child, you need help from a skilled legal team. 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+

Florida Divorce Modifications – How to Make Changes After a Divorce

Divorce can be a difficult process for families to go through. And, of course, there are many issues to review and resolve – many of which involve child custody and visitation. The finalized divorce will provide a court order that indicates the many terms of the divorce, including such things as division of assets and debts, alimony, child custody and parenting plans. Generally, these issues are settled during the divorce – but sometimes they may need to be revisited.

Reasons for Modifications

There are many reasons why a divorce order may require a modification. Sometimes the changes are granted and other times they are not. Generally, the change must be necessary and in the best interest of the child. In other words, making changes simply to satisfy the parent’s wishes are not usually considered necessary and may not be granted. Since children respond best to stability, especially after a divorce, big changes may not always be best for the child. If you are considering a modification request it is best to speak with a qualified divorce attorney to determine whether you have a legitimate request.

Modification Process

Modifications or changes to the divorce order must be made through the family court system. If you have a justifiable need for a modification you must request a hearing. At the hearing you must present evidence that justifies the need for the changes. In situations where the children were very young at the time of the divorce, the court will usually understand that some changes to the parenting arrangement may be required as the child grows and as the circumstances of the parents evolve. However, substantial changes must be proven necessary.

Parental Agreement

The hearing process allows both parents to provide evidence regarding the proposed request. In many cases, if your former spouse agrees to the changes there will be little to discuss with the judge. In some instances, however, parents are not in agreement as to the proposed changes. Both parents should have legal representation at the hearing to assist in providing evidence to support his or her position on the matter. If the child is now older, his or her desires may be taken into consideration as well. It is best to prepare well ahead of the hearing to ensure a smooth and fair outcome.

Fighting Modifications

Sometimes one parent proposes modifications that the other parent does not agree with. For example, one parent may wish to relocate and bring the child along. This would be a significant change to a shared parenting plan that may have been in place for years. While the parent who wishes to move will need to prove that this is in the best interest of the child, the other parent may need to provide evidence of the opposite. A custody challenge such as this one could arise at any time. Whether you need to make some changes to the divorce order or wish to fight a modification request, you will need the help of a skilled divorce attorney. Your lawyer will help you throughout the process and protect your rights. If you are in need of modifications, contact the Tampa divorce attorneys and family law 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+

Time Sharing After Divorce – How to Make it Work

Time sharing, also referred to as shared parenting, is the most common way for divorced parents to raise their children. It may seem difficult to understand how people who were unable to get along while they were married are expected to make decisions for their children together. Yet that is what time sharing is all about. There are some things you can do during the divorce process that will make parenting easier and less stressful for the entire family after the process is complete.

Accept Compromise

Going through a divorce is never easy and often comes with many difficult situations. Although you have been bruised by the process, it is necessary to keep a united front for the sake of the children. Most kids are quite resilient, but they are able to quickly sense a divide in parenting styles and will often use that to their own benefit. Instead, you and your ex need to take charge of the situation and make decisions together whenever possible. Remember that some compromises may be necessary but it is always important to refrain from making negative comments to the children about the other parent.

Create a Detailed Parenting Plan

Divorce in Florida requires the utilization of a parenting plan. The plan is designed to provide a detailed platform that will serve as the basis for all your future parenting decisions. It is best to create a plan that is as inclusive as possible. This will be of great benefit later on, after the divorce is over and day-to-day parenting kicks in. Spend plenty of time reviewing the options included in the plan and make sure that you don’t simply gloss over it quickly. Cover even the most difficult of choices now so that you have a roadmap to guide you more easily once the divorce is final.

Keep the Best Interest of the Child in Mind

It is of utmost importance that you always make decisions and choices that are in the best interest of the child. Florida family courts focus on this when making decisions regarding children in divorce. In Hillsborough and Pinellas Counties in particular, it is mandatory to take a divorce parenting class. After a divorce, the children are still the number one concern. When a parenting situation is no longer working it may need to be revisited. Keep in mind that any changes to a divorce decree must be made through a court-ordered modification. A hearing must be requested and both parents are required to appear to present their case to the judge. If you and your ex can agree to the changes, then you update the Parenting Plan to reflect the changes and obtain an order from the Court modifying the Final Judgment.

Choose an Experienced Tampa Divorce Attorney

The choice of divorce attorney can make a big difference in how well the post-divorce will be handled. An experienced lawyer will be helpful in answering questions and providing information that will help you make decisions that are going to work well for you and your family both now and in the future. Your lawyer will protect you from some of the major stresses of the proceedings and will assist you in creating a parenting plan that will help you avoid some of the common problems that can occur. Your attorney is also available to provide guidance when a modification is needed. If you have decided to divorce, contact the Tampa divorce attorneys and family law 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+

Creating a Parenting Plan that Works

A divorce is never easy for families and can be particularly difficult for children. Parents need to take time to make sure that the children’s issues are addressed and that they will have as little disruption in their lives as possible. Florida family courts ensure that the best interests of the children are always first and foremost in a divorce. To make certain that parents take the time necessary to consider their children in a divorce, the parenting plan is essential.

The Parenting Plan

In Florida, divorcing couples who are parents of minor children are required to submit a parenting plan to the court. The plan details the issues that will affect the children now and in the future. A good parenting plan is as thorough as possible to prevent future problems and to establish a balanced life for the children. Creating the best possible document will eliminate many of the potential areas of dispute that may occur later on. Most importantly, the plan is designed as a tool to assist parents in providing the best care possible for their children as they transition into a new family routine.

Essentials of a Parenting Plan

There are several issues that must be included in a parenting plan. These include:

• Time-sharing schedule;
• Designation of responsibility for health care and education issues;
• Daily custodial distribution; and
• Communication methods

Most parents today provide a shared parenting arrangement with their children. Sometimes children will live primarily with one parent and visit with the other. The time-sharing schedule outlines when each parent will spend time with the children on a daily or weekly basis. Parents must agree as to how they will handle the educational, health, and religious choices that must be made in a child’s life. Finally, the plan should provide the method for which communication will take place as parents continue to work together over time.

Creating a Comprehensive Parenting Plan

The best parenting plans are those that are as complete as possible. In addition to the essentials that are required in a plan, it is extremely helpful to include other details as well. Remember that the more detailed the plan the better structure your family will enjoy through the coming months and years. Include a schedule for holidays, vacations, and summer breaks to ensure that there is an equitable split between parents. Detail the days and times for pickup and how that will take place. In addition to these important matters, it is also a good idea to include how changes are to be made if and when the need arises. Remember that both parents may end up with new partners and one or the other may want to move. The plan should take these possibilities into consideration.

Help With the Parenting Plan

A parenting plan is not difficult to put together, however, it is important to be sure that it is as inclusive as possible. This is where an experienced divorce attorney will help. Your attorney will assist you in putting together a plan that includes everything that it should and addresses the potential issues that could arise later on. By making sure that the plan is complete you will be laying solid groundwork that will make things easier for both the children and the adults. Contact the Tampa divorce 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+

Timing of Marriage and Baby Doesn’t Affect Divorce Rate

In the past, research showed that cohabitating couples who had a baby prior to getting married consistently faced a higher divorce rate than those who married first and had a baby later. In fact, a study by the National Survey of Family Growth (NSFG) claims that there was no increased risk of divorce for those who chose to marry first, as opposed to those who chose to have a baby first and then get married.

The study analyzed data from couples who had their first child between 1985 and 1995 and those who did so between 1997 and 2010. Researchers found that unmarried couples in the first group were 60% more likely to divorce than those couples who married before having their first child. Only 10 years later, however, this difference disappeared. Couples from the second group who remained unmarried before the birth of their first child were no more likely to divorce than those who were married first.

Why is This the Case?

Researchers attribute this drastic change in statistics to a number of different factors. On the whole, American society, as well as that of other industrialized countries, is more accepting of unmarried couples who live together. These days, there is little societal pressure to immediately marry if a pregnancy occurs. Children born of out wedlock are commonplace in most areas of the country, and the stigmas that were attached to unmarried couples sharing a household and children born outside of marriage no longer really exist. Rather, couples who share a child take their time in deciding whether and when they will marry.

In fact, the only group who had a significantly higher chance of splitting up after their first child was comprised of those couples who never married. Thirty percent of those cohabitating couples who never married split up within five years. However, this statistic may have been skewed by the fact that cohabitating couples tend to have less income and education that those who marry, which may contribute to an eventual split.

Whether parents are married or not, however, a separation is likely to increase the need for court orders regarding custody, visitation, and child support. These options are equally available to children born during marriages and those who are not. While some separations occur amicably, and parents are able to compromise and reach an agreement on these important issues, others are much more complex, and may require extensive litigation.

It is in these situations that an experienced Tampa family law attorney can be most helpful to you. When you are going through the emotional struggle that often accompanies a bitter break-up, the last thing you need is to try and navigate the minefield of child custody and visitation on your own. This is where we can be of assistance to you. Contact the Tampa family and divorce 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+