What to Know About Emergency Child Custody Orders?

Florida, like all states, have laws that protect children from dangerous situations. These situations are unfortunately many. A parent could kidnap a child, or abuse or neglect their child. Sometimes, both parents are deemed incapacitated or they may both suddenly pass away. In any of these unfortunate situations, and more, an adult may petition the court for an emergency child custody order to place the child in temporary care. What are these orders in Florida, and who can ask for one? You’ll find the answers to these questions pertaining to emergency child custody orders, and more, below.

What is an Emergency Child Custody Order?

Emergency child custody orders are covered under The Uniform Child Custody Jurisdiction and Enforcement Act, or the UCCJEA. All states, with the exception of Massachusetts, follow this law. This Act not only governs the rules for child custody, but they also determine the jurisdiction of the court that has the right to issue an emergency child custody order.

For example, a parent may wish to leave their home state for the welfare of their child, such as if the other parent is abusing them. Under the UCCJEA, that parent must file for child custody in the state they’ve lived for at least six months. However, the UCCJEA also states that if a parent has had to leave their home state with their child for safety reasons, the courts in the new location may issue an emergency child custody order until a more permanent solution can be reached.  Click to see more.  

Resolving Disagreements in a Divorce

When couples decide to divorce the process of dissolving the marriage begins. Many people try to maintain a cordial relationship, especially when there are children. However, even the most agreeable divorces can turn hostile once the many issues of the relationship must be resolved. Couples most often begin to have trouble agreeing to the terms of the settlement when financial issues come up.

Divorce Settlement Terms

Florida courts require couples to come to a reasonable agreement as to the settlement terms of the divorce. These include such items as:

• Division of assets;
• Allocation of debts;
• Alimony;
• Child custody; and
• Child support.

Couples may need help when reviewing these issues. Your divorce attorney is the best source of assistance in these matters. While every situation is different, there are many similar circumstances that provide your lawyer with the experience needed to negotiate even the most complex matters. Keep in mind that very often, compromise is necessary in order to ensure a swift conclusion.

Marital Property

In Florida, as in other states, assets and other property that has been accumulated during the marriage are considered marital property. Marital property must be divided in an equitable and fair manner. There are only a few exceptions to the marital property rules. Some of these exceptions are:

• Property acquired prior to the marriage;
• Inheritance by one party;
• Gifts to one spouse; and
• Assets not included per written agreement.

There are many circumstances that may require special consideration. For example, when one spouse hides assets, there may be reason to further review the distribution to resolve the inequitable situation. In the end, the property, money, and other assets must be separated reasonably.

How to Resolve Disputes

Disputes are quite common among couples who are divorcing. When disagreements arise they can cause the divorce to stall. Courts typically want couples to work out their disagreements before they get to court. Disputes can often be rectified with help from an experienced divorce attorney. Your lawyer will always work towards a fair resolution with your best interests in mind. A prolonged divorce can drag on for months causing more emotional turmoil than necessary. Additionally, when a divorce comes to a standstill it can become more expensive to resolve. Couples who are unsuccessful in reaching an agreement may be required to work with a mediator.

How a Divorce Attorney Can Help

Your divorce attorney is the buffer between you and your spouse. You can count on your lawyer to assist with negotiations and make sure that your concerns are considered. Sometimes your spouse may be unreasonable when working through a divorce – this is natural. When it happens, your lawyer will defuse the situation and work to bring the matter to a successful result. Discuss any “hot button” issues with your attorney at the onset so that your lawyer will be prepared to handle the potential problem quickly. When choosing a divorce attorney, opt for a firm that primarily handles divorce cases. Also, look for a firm with the experience and expertise to circumvent potential problems. 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+

Paternity – Child Support and Timesharing

Parenting brings many pleasures as well as responsibilities. When parents are married to each other when the child is born, paternity is not typically an issue. However, when a baby is born to unmarried parents, paternity is not definite until it is established legally. If both parents agree, they can sign a form called a voluntary acknowledgment of paternity. This form, once properly completed and notarized, must be submitted to the court. If parents are not able to agree as to this solution, either parent may take the matter to court to establish paternity.

Establishing Paternity

The mother, alleged father, a legal representative, or the Florida Department of Child Support Services may start the legal process of establishing paternity. The process begins by filling out and filing a petition to determine paternity. When a case is started the court will order DNA testing for the mother, father, and child. In a situation where the child is not yet born, the case can be started but cannot be completed until after the birth. Once paternity is established the court may also make decisions regarding other issues such as custody, child support, visitation, and health insurance.

Paternity Rights and Responsibilities

Both parents have the right to spend time with their children, unless there is some situation preventing it. In addition to spending time with the children, parents are able to make important decisions regarding such things as medical care, education, and religion. Additionally, both parents must provide for their children. Under Florida law, when a paternity case is settled in court the judge has the ability decide issues related to custody and visitation. If these are not part of the order the mother has full legal custody of the child. For this reason it is important for fathers to take part in these proceedings and gain visitation and the ability to make decisions for the child.

Child Support and Timesharing

Once paternity is established it comes with obligations by both the mother and father.  Child support and timesharing are two separate issues that must be resolved either by the agreement of the parties or by order of the court.  A Parenting Plan must be filed in all cases involving children.   Furthermore, it is important to initially set up a timesharing arrangement that allows both parents time to spend with the child, as modification of a timesharing schedule may be difficult once a final judgment is entered.

Paternity Disputes

With today’s technology, paternity can be more easily established and is less likely to be wrong. Sometimes, fatherhood may be disputed. When this occurs it is usually necessary to seek guidance from a qualified paternity attorney. The court requires DNA testing be done according to strict standards and if not properly followed, the case could become lengthy and expensive. If you are not certain that you are the father of a child it is best to find out as soon as possible. You will be required to respond and provide proof in court, if the mother disputes that you are the father. These issues can be complex and emotional so they are best handled quickly and as early in the life as possible.

If you need to establish paternity or defend claims of paternity it is helpful to seek guidance from a qualified attorney. 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+

Question: Does the victim of domestic violence win custody of a child?

The answer to the question is that it depends.  First, you need to know that there is civil domestic violence and there is criminal domestic violence and these are treated differently, so the answer would depend on which it is in your case.

 

If there is evidence of civil domestic violence or child abuse or there is an injunction for protection against domestic violence determined in a civil court, then this may be considered by the court as detrimental to the child.  It is one of the factors listed in Fla. Statute §61.13(3), which the court looks at when determining what is in the best interest of the child when establishing a parenting plan, including the timesharing of the children. What is in the best interests of the child is the criteria the court uses in all decisions regarding children.

   

If a parent has been convicted of a misdemeanor of the first degree or higher as defined in Fla. Statute §741.28 and §775, or meets the criteria of §39.806(1)(d), then under Fla. Statute §61.13(2)(c)2) this creates a rebuttable presumption of detriment to the child.  The convicted parent may rebut this presumption; however, unless this presumption is rebutted the court may not give the convicted parent shared parental responsibility, which includes timesharing or any decisions made regarding the child.   If this were to occur, then the other parent would have sole parental responsibility of the child and make all decisions regarding him or her.  The convicted parent may get some timesharing as the court determines would best protect from further harm the child or abused spouse.

 

In Florida, it is public policy that there is shared parental responsibility for the children by both of the parents.  When there is separation or divorce each is encouraged to share in the rights and responsibilities of having children.  There is no presumption for a certain timesharing plan or for or against the mother or father.  If the parents cannot agree on a parenting plan then it will be up to the court to determine the best parenting plan based upon the child’s best interest using the factors of  Fla. Statute §61.13(3).

 

By Lynette Silon-Laguna

 

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