When Would a Court Give Custody to a Non-Parent?

Raising a child without some help and contributions from family and friends is virtually impossible.  Childrearing is a full-time, constant endeavor that requires help from the outside for a parent to fulfill her or her responsibilities.  However, when it comes to who as final authority over a child, one or both parents are overwhelmingly the only individuals considered for this role.  Click here to read more.

Child Custody Concerns for Military Personnel Post-Divorce

Having and raising a family while being an active member of the military is no easy task. Being away from one’s children and spouse during the long periods of deployment is hard because this parent misses out on a lot of childhood milestones and daily life experiences. Deployment is known to put strains on marriages, and unfortunately, leads to divorce in many situations. Navigating child custody issues post-divorce is unavoidably complicated if disputes arise when the military parent is unable to directly deal with situation due to official duties. The restricted availability of military personnel for months and years at a time makes it easier for the non-military parent to deny or restrict access to the child, and has led to parental kidnapping in some cases. A recent decision by a federal district court in Florida that ordered a serviceman to return his son to his mother in Japan highlights the struggle of many military personnel with children born to foreign parents. Florida law recognizes that parents in the military have the same amount of desire to be involved their children’s lives, but need more flexibility in the exercise of time-sharing plans. An overview of the special considerations active military may need to address on child custody following divorce will follow below.

Changes to the Time-Sharing Schedule

A vulnerability all military parents on deployment face is the possibility that the other parent will seek to change the child custody order in his/her favor. Florida law has provisions that specifically address petitions seeking modification of parental responsibility and/or time-sharing while a parent is on active duty. The goal is to prevent the non-military parent from taking advantage of a deployment, and to that end, a court is not permitted to issue or modify a child custody order while a parent is on active duty that greatly impacts his/her ability to exercise his/her parenting time. The order in place at the time of deployment or assignment must remain in effect until the military order expires. However, a court may enter a temporary decision on time-sharing or parental responsibility if the best interests of the child justify it. The grounds for the temporary modification cannot rest solely on the disruption the deployment has on the child’s life. These temporary modifications automatically expire upon the parent’s return from active duty.

In addition, for parents deployed or assigned for more than 90 days, and consequently unable to exercise their parenting time, they can designate someone else to exercise parenting time. The designee must be a family member, stepparent or a relative of the child by marriage. The other parent can only object to the designation on the grounds that it is not in the best interests of the child.

Concurrent Custody

If a deployed or assigned military parent wants to take the designation of parenting time a step further, he/she can consent to concurrent custody with an immediate family member. This arrangement gives the family member the ability to make decisions related to the child in the parent’s absence. This option allows the deployed or assigned parent to have someone near and available to the child to represent the parent’s interests in important matters.

Get Legal Advice

If you or your spouse is in the military and seeking divorce, you need a divorce attorney experienced with the issues unique to this situation. Laws specific to the divorce of military personnel must be satisfied to ensure the terms of the divorce decree are valid and enforceable. The attorneys at the Tampa Bay law firm All Family Law Group, P.A. understand the rules that apply in military divorces, and will strive to give the best possible representation.  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 Is Supervised Visitation and When Is It Used?

When parents separate or divorce, a priority for many is making sure they see their children on a regular basis. Frequent parent/child contact is essential for a healthy relationship and the child’s overall development. Consequently, securing sufficient visitation, often called parenting time, is of particular importance to the parent that does not have primary custody. Florida law favors awarding parenting responsibility to both parties equally, but parenting time can quickly become a hotly-disputed issue if a party claims the other parent poses a risk to the child’s safety or health. The best interests of the child is always the pivotal concern and driving factor behind custody and visitation decisions, and evidence of domestic violence, child abuse, child neglect, child abandonment or sexual violence is likely to result in limited, if not a denial of, visitation with the child. One mechanism courts use when they want to allow some contact between a parent, but need to ensure the environment is safe, is to impose supervised visitation. A recent news story out of Pasco County illustrates another situation that could persuade a court to restrict visitation. An Amber Alert was issued when a father embroiled in a custody dispute drove up and snatched his two-year-old away from the mother. The man took this action after emergency efforts to see his son via court order were denied. A discussion of how supervised visitation works will follow below.

The Purpose of Supervised Visitation and Basic Setup

As noted above, supervised visitation is designed to give a parent viewed as posing a risk to the child and/or the other parent an opportunity to exercise some degree of visitation with his/her child. It also offers the child the important benefit having two parents in his/her life. In addition, this structure is used if there is a concern about possible parental kidnapping, and to prevent improper interaction between the parent and child. This kind of visitation involves conducting the interaction between the parent and child at a neutral site and in the presence of a visit monitor who is tasked with ensuring the contact remains safe for the child.

The Process/Programs

Typically, parents are ordered into these programs in connection with divorce/child custody proceedings, domestic violence cases and criminal cases. While in-person supervised visitation is an integral component of these programs, other types of monitoring are also possible, including:

• monitored parental exchanges of the child;
• telephone monitoring; and
• therapeutic monitoring.

The monitor is present first and foremost to protect the child, but also to perform the following duties:

• keep the nature and content of the visits confidential and remain neutral;
• check that all instructions from the court are followed;
• pass on information between the custodial and non-custodial parent related to the child’s welfare;
• keep records of observations from every visit;
• provide instruction and feedback to the parties when necessary; and
• suspend or end a session if the safety of all participants cannot be guaranteed.

In order to fulfill this role, visit monitors receive specialized training on how to respond, recognize and control interactions that involve families dealing with domestic violence, child maltreatment and post-traumatic stress disorders.

Talk to a Family Law Attorney

There are few issues more important than seeing your child, and if you have questions or concerns about visitation or custody issues, talk to a family law attorney about your rights. The Tampa Bay law firm All Family Law Group, P.A. focuses on family law matters, and can assist you with obtaining the best possible resolution in your case.  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+

Can You Keep the Details of a Divorce Private?

Divorce can leave the participants feeling emotionally and financially vulnerable. These reactions make sense in light of the dramatic changes divorce triggers within a relatively short-period of time – change in residence, change in economic circumstance and change in relationship status. Another difficult reality of divorce is the necessity of releasing private and potentially embarrassing information to the public. All cases filed in any court are matters of public record, which means anyone has the right to access them upon request. This was not much of an issue before the advent of the Internet, and to view case records typically required someone to visit the courthouse in person. However, now that records can be accessed from the comfort of home at any time of the day, concerns about who may view, and subsequently use, this information is real and justified. Parties involved in court proceedings have the right to ask a judge to seal all case records and related documents so the information is withheld from public view. However, a compelling reason must exist to justify such a request. Actor Brad Pitt recently tried to seal the records in his divorce, citing concerns about his children’s privacy rights, but the court disagreed and denied the request. While receiving approval to seal records in a divorce case is not easy, it does happen. Importantly, though, there are ways to keep information private without resorting to a request to seal records.

Sealing Records

As noted above, documents filed in connection with divorce cases are considered public records subject to Florida law on the public’s right to access this information. If a party wants to keep information out of the public eye, he/she must file a request with the court asking it to designate certain information as confidential and thus exempt from disclosure. Courts will only grant such a request if a party can demonstrate certain grounds exist to justify the decision. These include:

• confidentiality is necessary to preserve justice in a case;
• confidentiality is needed to avoid injury to innocent third parties, such as children; or
• confidentiality is necessary to prevent injury to a party by the disclosure of information normally protected under common law or a right to privacy.

Courts are generally reluctant to grant these requests, and a party must have a fairly compelling reason to be successful. Consequently, a better option is to limit or completely avoid submitting private information to a court.

Other Ways of Keeping Information Private

The most effective way to circumvent the need to release private information into the public record is to negotiate and enter into a private settlement agreement as part of a mediation or through the collaborative divorce process. These proceedings are private, and the extent to which personal information must be disclosed to finalize a divorce is limited. Further, the provisions of a marital settlement can refer to outside agreements without disclosing the terms contained within them, which is especially useful to protect financial information. Thus, while it takes a little planning, it is possible to keep most personal information out of the public domain, and an experienced divorce attorney will know the most effective way to accomplish this goal.

Consult a Divorce Attorney

Divorce is difficult, and being forced to disclose personal information to strangers only adds to the stress. If you are concerned about revealing personal information to the public, work with a knowledgeable divorce attorney about limiting your exposure. 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+

Do Step-parents Have the Authority to Make Legal Decisions for a Stepchild?

Divorce is especially hard on children because they rarely understand the reasons behind the decision, and only perceive the practical consequence that their parents do not live together anymore. Disputes over child custody and parental responsibility can particularly complicate things. While the child may struggle to adapt to this disruption in daily life, welcoming a new adult into the home if a parent decides to remarry can be equally challenging. Despite the common and unflattering depiction of step-parents in movies and books, many step-parent/step-child relationships and are healthy and productive and do not include the abusive, overbearing bearing behavior step-parents are sometimes charged with using. From a legal standpoint, a step-parent has no authority to provide consent to medical treatment, enroll a child in school, or make any other routine decision without approval from the legally-recognized parents. This lack of authority can cause problems if the child’s parent becomes ill or is otherwise unable to fulfill his/her parental duties. Informal and formal legal arrangements exist that can bridge the gap between a desire by the step-parent to become more involved in a child’s life and the limitations of the law.

Piecemeal Written Authorizations

The easiest and least expensive method of granting authorization to a step-parent for a step-child is a written letter from a parent or legal guardian that specifically gives the step-parent the power to make decisions. While the simplicity of this arrangement can make it appealing, it does require preplanning, and does not really take into account emergency situations. It is impractical to carry a letter of authorization around constantly, and while no medical facility would deny a child treatment for a serious condition because a parent is not present, non-emergency medical care cannot occur without consent from an adult with parental rights.

Step-Parent Adoption

Step-parent adoption is a permanent solution to the lack of authority, but does involve the investment of money and time. Step-parent adoption is only available if the person is legally married to one of the child’s parents. If a married couple wants to initiate a step-parent adoption, they must file a petition in court. Florida does not permit a child to have three legal parents, so the only way to complete a step-parent adoption for a child with two living parents is through the termination of one parent’s rights via consent or court order. Sometimes the consent of a parent is unnecessary. For example, if the parent deserted the child, previously lost his/her parental rights, or is ruled incompetent, consent is not required. Because of the gravity of the rights being granted and the concurrent seriousness of the loss of rights by a parent, the law wants to be sure all interested parties know about an adoption petition. Consequently, the legislature created a database for potential fathers of unwed mothers, called the Putative Father Registry. When a man registers his name on the database, he becomes entitled to notice about any impending adoption. Thus, checking this list is necessary if the biological father is out of the picture, but may have known about the woman’s pregnancy.

Despite the legal requirements, step-parent adoptions are easier and faster than conventional adoptions, and can be completed in one day if both parents consent. This legal option ensures the step-parent removes all obstacles to caring for a child, and may be the right choice for families looking to fully integrate.

Contact a Family Law Attorney

If you are a step-parent wishing to have more of a say in a child’s life, talk to a family law attorney about your legal options. A family law attorney can look at the dynamics of your family and guide you toward a choice that makes the most sense. 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+

The Importance of Establishing Paternity in Child Custody and Support Cases

It seems almost self-evident that children thrive more in homes that have mothers and fathers in place to support and guide them. Ideally, all children would have the chance to live with both parents in a loving environment, but reality is often much harsher. Couples cannot always stay together, and marriage does not automatically guarantee happily ever after. For children born to unwed parents, the situation is complicated by the fact that unmarried men are not assumed to be the father of a child born to their partners. This gap in legal recognition can create problems when it comes to child custody and support issues. All legal parents have rights and obligations over their child, but without this designation, there is no way to exercise or enforce these legal measures. Florida law has several options available to prove a child’s paternity, some of which are voluntary and others that can occur on an order from a court. If the mother wishes to seek child support, or the father wants to secure visitation, paternity must first be established. Consequently, this issue is of critical importance to the wellbeing of the child.

Acknowledgement of Paternity

The simplest and easiest way to establish paternity requires the parents to file an acknowledgement of paternity with the Florida Department of Health, Office of Vital Statistics. This form must be signed by both parties in front of two witnesses or a notary public. Filing this form creates a legal presumption that the man signing it is the child’s father, and is assuming all the rights and responsibilities of a legal parent. Either party has 60 days from the time the form was signed to rescind this acknowledgement. After this time, it can only be challenged in court on the basis of fraud, duress, or mistake, which is very difficult to prove.

DNA Testing

If the alleged father is challenging paternity or refuses to take responsibility for the child, it may be necessary to obtain a DNA test to confirm paternity. If the mother is just seeking child support, and the alleged father has no interest in participating in the child’s life, the Department of Revenue will assist with genetic testing without the cost of going to court. If, however, the father wants an active role in the child’s life, the paternity dispute would need to be settled in court. The judge would order the mother, alleged father, and child to submit biological samples to a qualified laboratory for analysis. Results that state the statistical probability the man is the father by 95 percent or higher creates a presumption of paternity that can only be challenged with additional testing. Once paternity is established, the mother can petition the court for a child support order, and the father would have right to ask the court for custody and visitation rights.

Putative Father Registry

Finally, if man believes a woman is pregnant with his child, but they are unmarried, and he is worried she will give the child up for adoption without his knowledge, Florida has a registry he can access to preserve his rights. The Florida Putative Father Registry allows the unmarried man to add his name to registry, which means he is claiming paternity, so that he preserves his right to receive notice of any impending adoption. With this information, the man can oppose adoption and seek custody of the child if he so desires. Importantly, he can claim paternity at any time before the child’s birth, but this right terminates once a petition to terminate parental rights is filed.

Get Help

Whether you need to establish paternity for child support purposes or to claim parental rights, work with a family law attorney on this issue to ensure your legal rights are fully protected. The All Family Law Group, P.A. in Tampa is highly experienced in these matters, and can advise you on your options.  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+

Three Valuable Lessons You Can Learn From Celebrity Divorces

Celebrities are in the limelight, but they are just like regular people when it comes to relationships. Many celebrity marriages end in divorce, and when they do the process may involve airing their dirty laundry in public. The reality is, relationships between celebrities are just as complex and difficult as those of average people. When celebrities divorce, you get to see a glimpse into some of the more ugly sides of divorce. And, indeed, you can learn a great deal by watching what happens in high-profile divorces so you can avoid the same problems.

Get a Prenup

It is estimated that only about three to five percent of couples get a prenuptial agreementbefore they marry. This can be one of the biggest mistakes you can make. Prenups aren’t just for the rich and famous. Virtually all couples can benefit greatly by putting a prenup in place. A premarital agreement details all of the major settlement terms of divorce. It is extremely helpful because couples will not have to argue over many of the small issues that can wreak havoc during a divorce. Instead, these matters will have already been ironed out. It is important to note, however, that you should always have a prenup reviewed by an attorney before signing it.

End Things the Right Way

Don’t move on until you have finalized this chapter of your life. The best divorces, if there are such things, are between partners who still have respect for one another. This can be difficult or impossible to do when one spouse moves on way too soon after the split. If you aren’t happy, you need to let your spouse know, and take steps to try to resolve the issues so you can be sure that you want to get divorced. Then, move on at an appropriate time.

Plan Properly

Many times, celebrity divorces seem to come out of nowhere. In reality, we know that there has likely been trouble brewing for quite a while. In Florida, as in other states, property acquired during the marriage is considered marital property and is therefore divided equitably between partners. Before pursuing a divorce, understand your finances, including information regarding your home. Children should be cared for by both parents, although they usually reside primarily with one parent. Review your pension plans, retirement accounts, bank accounts, and investments so that they can be evenly distributed.

How an Experienced Divorce Attorney Will Help

If you are new to divorce, as are most people, you may not know what to expect or how to proceed. You probably have a lot of questions and concerns about the divorce process. Seek out an experienced divorce attorney to guide you through the procedures. Your lawyer will answer all of your questions and put your mind at ease as you begin this new stage of life. Choosing an attorney with experience in family and divorce issues will allow you to leave the details to her while you concentrate on emotional healing for you and your family. If you are interested in pursuing a divorce from your spouse, 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+

Postnuptial Agreements

Nearly everyone has heard of a prenuptial agreement, which is a contract between two people before they get married. However, many individuals may not be aware of a postnuptial agreement. This is similar to a prenuptial agreement, however, it is created during the marriage. A postnuptial, also called a post-nup, can be a helpful tool for couples who want to ensure that they resolve major issues, should they ever decide to divorce. Just like pre-nups, post-nups may be criticized for making divorce easier. Additionally, some post-nups could be considered invalid if they are not properly drafted and validated.

Creating a Valid Postnuptial Agreement

A valid postnuptial agreement should be drafted by a qualified attorney to ensure that it is legal. The purpose of the document should be to clarify and reaffirm the arrangement, not make things unclear. It is essential to be clear and precise in the document. While you may feel the need to address social issues, these should not be the main focus of the postnup. Social issues that make their way into such agreements may include things such as when and how a Facebook post can be made, or when a person you are dating can be introduced to the children. Within a postnuptial agreement it is important to address financial issues of the relationship; furthermore, it can include important information regarding wills and trusts.

Signing a Postnuptial Agreement

If you are presented with a postnuptial document it is best to take some time to completely review the document before you sign it. The agreement should be fair to both parties. Remember that you can add to the agreement if you don’t think it covers your own needs. You can also ask to make changes to it. Keep in mind that it will be much easier to resolve issues now than after the document is signed and put into place. To protect your interests, have the document reviewed by a reputable divorce attorney to ensure that it covers your needs and is fair.

How to Fight an Unfair Postnuptial Agreement

If a couple divorces with a prenuptial or postnuptial agreement in place, the document typically takes effect unless one spouse can prove that the agreement is not valid. An agreement may be invalid if it was not signed voluntarily, if one person acted fraudulently, or if a party was under duress when the document was signed. If the agreement is unreasonable a court could rule it unfair and, thus, not binding. Additionally, if a couple both agree, they can request the court to put aside the agreement or modify it. Just because a prenup or postnup is in place does not automatically mean it must be followed. If you have such a document it is necessary to bring it to the attention of your attorney immediately so it can be properly addressed.

If you have any questions or concerns about a postnuptial agreement or are about to begin a 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+

Amicable Divorce is Possible

Divorce is never easy, though some people seem to breeze through it more unscathed than others. There are a lot of emotions packed into the relationship and these tend to seep out during the divorce process. The result can be a messy, difficult, or even tumultuous time period that may be difficult to get through. The best option, of course, is to try to resolve the divorce as amicably as possible. This is especially important for couples who have children because they need to transition to a new type of parenting situation. There are some tips for getting through a divorce with as few problems as possible.


Resolve the Big Issues First

It may be easier and less stressful to try to tackle the biggest or most difficult issues first. Both parties may be able to maintain a cordial relationship, especially at the beginning. Once things become more involved and emotions begin to run high, the couple may have more trouble trying to sort through even the most basic decisions. The more settlement terms you can agree with together the better, because this is the basis for a more harmonious situation.


Conscious Uncoupling

One of the most popular catch-phrases of divorce in the last couple of years is conscious uncoupling, and there is certainly more to this than just a name. This movement is a method of working on divorce as a growing experience and not as a blame-game. The root of this method is to look inside yourself for reasons and answers as to the situation and to use the divorce as a reason to improve yourself. While most couples will not go as far as to try the specific method of conscious uncoupling, they can try to look at the divorce as a stepping stone or transition to a new or better place.


Seek Help for the Rough Spots

It is important to realize when a rough spot is coming as soon as possible. If you know, for example, that there will be a disagreement over the house, make sure that you let your attorney know immediately. An experienced divorce lawyer will address the difficult situation in the best possible way while protecting your rights and respecting your position. The key to an amicable divorce is not to allow disagreements to get too far. If they do they will inevitably cause a breakdown in communications and the entire process will suffer as a result.


Guidance from Your Divorce Attorney

Divorce is a legal process and can be rather complex. It is essential to make sure that the decisions you make today are the best for you and your family both now and in the future. Your lawyer is your first and best choice for guiding you through the divorce process. Meet with your attorney as soon as possible and let your lawyer know what issues are most important to you. You should also indicate which areas could be contentious so that they can be addressed preemptively. 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+

Bird Nesting – An Alternative for Harmonious Divorces

Bird nesting is a new buzz word making the rounds of modern-thinking parents across the country. Bird nesting isn’t new – but it is becoming more in the mainstream. A bird’s nest divorce is a parenting arrangement between parents that allows the children to remain in the family home while the parents take turns moving in and out. The family home is thus referred to as a “nest”, where children can feel safe, comfortable, and happy. The arrangement is best suited to parents who will be sharing parenting responsibilities as well as for those who are involved in a harmonious divorce.

Bird Nesting is Good for the Kids

Parents in a divorce are often trying to do what is best for the children while creating enough quality parenting time for both parents. According to some psychologists, bird nesting may be the best solution to provide children with the stability they need while their parents enter into a transitional phase. Kids in bird nest divorces are generally happier than those who must shuffle between two households.

It is easy to see why children may be less stressed by a bird nest divorce. They can keep their schedules, maintain friendships, and continue participation in their activities all as if nothing has changed. They stay in their regular bedrooms and have access to all of their toys. Indeed, it could be an ideal situation for the children. But what about the parents?

Parents and Bird Nesting

Parents may find it difficult if to participate in this situation. It will only work well if parents are otherwise able to participate in a timesharing arrangement. Both parents will need to agree to move in and out of the home at regular specified intervals. One of the common arrangements provides for one parent to stay in the home for three days and the other parent to stay for four days each week. Parents will need to maintain another residence outside of the family home. If finances are a concern parents could agree to rent a small studio apartment where they each stay while the other is in the home. Many of the actual logistics of the arrangement would need to be discussed in detail, but this is a situation that could, in fact, work for many parents.

After Bird Nesting Is Complete

A typical bird nesting arrangement provides for the home to be used as the nest until the youngest child is 18 years old. After this time period, the home may be purchased by one or the other parent or it may be sold and the parents will divide the profits. The family home basically continues to be owned by both spouses after the divorce and until such time as they agree to discontinue the arrangement.

This option may allow both parents to become more financially independent and thus able to more easily purchase the home. However, disputes could arise over which parent should be allowed to buy the other out. It is helpful if these details are worked out in advance and become part of the initial divorce agreement.

If you are divorcing you may want to learn more about bird nesting as well as other parenting options available to you. 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+

Avoid Making the Top Mistakes in a Divorce

Divorce can be a very emotional experience, but it is also a legal process. It is important that you keep this in mind while you navigate the waters of divorce. Some mistakes made during the process could have a devastating effect on your divorce settlement and may indeed impact your family’s life in the future. Make your divorce as easy as possible by avoiding these mistakes.

Saying Too Much

Divorce can take its toll on your attitude and some of the problems that occur can cause you to get angry. Anger and irritation are normal reactions, especially if the divorce has become acrimonious. While these emotions are certainly understandable, it is important to keep them in check. Avoid the temptation to vent on social media sites like Facebook or Twitter or in emails. Once you put it out there it cannot be taken back and it could actually be used against you in court.

Fighting

Fighting with your partner can only lead to disastrous results. Verbal arguments are never pretty and you could end up saying something you don’t mean. Arguments can even lead to domestic violence, especially if there were problems of this nature in the past.  Also, fighting in front of the children can be destructive to them and can lead to long-term emotional stress and scarring.

Alienating the Children

Children are not part of your problems, but they can get stuck in the middle. When children are forced to take sides with one parent over another the situation can have a negative impact on them. Further, they may come to resent or alienate one or even both parents after an ugly divorce.

Getting Revenge

All too often, one spouse is not ready for a divorce when the other one is. A nasty divorce can ensue and one party may even seek revenge on the other. If one party has seemingly moved on more quickly than expected, the other spouse can become hurt and may try to make the divorce more difficult. Keep in mind that a difficult divorce punishes all members of the family, even you and the children. As much as it may upset you, it is best for everyone’s sake that you take the high road to keep your divorce on track.

Turning to Drugs or Alcohol

Although you are going through a difficult time, no good will come from the overuse of alcohol or drugs. In fact, using these crutches can actually hurt you in a custody battle. Don’t give your spouse something that he or she can use against you in a divorce fight. If you have a history of drug or alcohol abuse talk to your attorney about getting tested voluntarily, something that can help you to maintain your parental rights during and after your marriage ends.

If you are going through a divorce it is wise to seek guidance from an experienced attorney. Your lawyer will review your situation, answer your questions, and help to keep you grounded during the process to make it as stress-free as possible. 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+

Resolving High Conflict Divorce

Divorce can be extremely difficult for families; however, it may be particularly hard when there are major conflicts between the parties. And, of course, when there are children involved it can be even more problematic. One of the many areas of contention may be child custody issues, which can be complex and hard to resolve. The main thing to consider in such instances is the child. Parents must put the children first and provide them with the love and reassurance they need during this stressful transition.

Consider a Guardian Ad-Litem

Because children are your first priority one way to ensure that their needs are protected is with the appointment of a guardian ad-litem. This is a professional appointed by the court to represent the child throughout the divorce proceedings. This individual coordinates with the child’s important contacts to gather information that will assist in making decisions that are in the child’s best interest. The guardian may speak with teachers, relatives, coaches, and others to learn details that can be used to resolve custody and visitation conflicts.

Meet With a Psychologist

A psychologist will analyze you to help determine how well you are able to care for the child. An evaluation may be completed for both parents in a high conflict divorce. The psychologist may conduct interviews and testing in order to provide a complete professional evaluation that can be used in court. This type of assessment can provide critical information when one spouse has accused the other of being unfit to parent the child. Your attorney will assist in choosing a psychologist to work with.

Deposition

In cases of high conflict divorce, your attorney may want to question the other parent or other witnesses with a formal deposition. The deposition is a legal method of asking important questions that may be relevant to the case. Recording these statements can be helpful later on because the witness is locked into statements made at the deposition. If you are deposed it is essential that you properly prepare with your own attorney ahead of time. Also, your attorney may be present during the deposition.

Substance Abuse Evaluation

In cases where you are concerned about substance abuse of the other parent, it may be necessary to request an evaluation. In certain situations your attorney may need further evidence of substance abuse, which may need to be gathered through various methods. For example, the friends or relatives may need to be deposed or a private investigator could be utilized.

Help from a Skilled Divorce Attorney

Many of the issues that come up during a high conflict divorce can be more easily resolved with help from a skilled divorce attorney. Those attorneys with experience handling high conflict divorces are more adept at resolving situations and in preventing some problems from occurring in the first place. If you feel that your divorce may be one of contention it is ideal to choose a divorce attorney who will act preemptively to keep the divorce on track with as little harm to the family as possible.

If you are about to go through a divorce and fear that it could be high conflict, 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+