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.  

What to Do When a Spouse Badmouths During a Divorce

Emotions understandably run high during divorce, and things can be said in the moment that are hurtful, but not helpful or accurate. While negative comments said to a spouse in private will not directly result in legal consequences, making disparaging remarks to children or others could lead to unintended and unwanted legal repercussions. Children often bear the brunt of divorce, and have a hard time adjusting to a world where they seem to have less stability. Rare is the parent who deliberately makes negative remarks about a soon-to-be ex-spouse with the intent of causing the child emotional pain. However, hearing parents bad mouth each other in the presence of or to the child directly is confusing and hurtful for the child, and often leaves them unsure about which parent deserves loyalty and respect. Obviously, this situation is not optimal for the child, and can have lasting effects on him/her if the negative talk is continual. In some instances, courts will take action to curb and/or eliminate this propensity. In addition to bad mouthing a spouse to a child, making damaging comments publicly to friends, family and mutual acquaintances also brings the potential for serious legal consequences. A discussion of how courts can react to parents subjecting their child to negative talk about the other parent, and the legal options a spouse has when negative comments are made public, will follow below.

Comments to Children

Judges generally do not take a kind view to displays of high emotion during a divorce hearing/trial, and this stance extends to exposing children to similar scenes of negative behavior. Courts must always keep the best interests of the child in mind when making decisions about custody, and if a judge discovers a parent is bad mouthing the other to the child, that fact will factor into his/her final decision on how parenting responsibility will be divided. Further, this behavior could be used as a basis for requesting a modification of custody post-divorce if a parent can show it substantially damaged the parent/child relationship. When courts examine what is in the best interests of the child, Florida law has a number of factors they are directed to use, and two relate to fostering healthy communication with the child. These are:

• the demonstrated ability of each parent to promote close parent/child relationships, which would be compromised if one or both parents bad mouths the other; and
• the capacity for each parent to put the needs of the child before his/her own needs and desires.

While these are just two factors among a much longer list, potentially interfering with the other parent’s relationship with the child goes against the State’s policy of encouraging and supporting the parent/child connection. Consequently, a court could decide to take a harsh position on this issue and give one parent more time with and control over the child. Thus, restraining from making these remarks, despite what a parent may personally believe, is the best way to guard against any challenges to custody brought by the other parent.

Comments to Others

In addition to repercussions for child custody, publicizing disparaging remarks about an ex-spouse could result in a reduction of the marital property award and/or a lawsuit for defamation if the negative comments damaged the other party’s reputation. A New York divorcee learned this lesson the hard way when an appeals court further reduced her divorce award for making public remarks about her ex-husband that allegedly cost him clients and income. While Florida courts are not supposed to take a party’s bad behavior into consideration when deciding how to divide assets, deliberate actions by a spouse that diminish the financial resources of the other could motivate a judge to give a greater share to that party in the interests of fairness.

Consult a Divorce Attorney

Divorce is a difficult process, but you do not have to go through it alone. Support for an experienced divorce attorney can make a substantial difference in obtaining a favorable outcome and keeping stress levels as low as possible. The Tampa Bay law firm All Family Law Group, P.A. is ready to walk you through the legal ramifications of this decision, and to craft a customized solution to meet the needs of 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 Happens to Health Insurance When Couples Divorce?

Medical care is known to be one of the more expensive, but necessary, items to hit a person’s budget. Most people seek medical insurance through an employer, if available, to defray the costs of obtaining coverage, and most families are covered under one spouse’s insurance – usually the one that offers the best coverage at an affordable price. Medical insurance is a valuable asset in today’s world, and when couples decide to divorce, one party will be left with the dilemma of how to replace it. If a person is lucky, his/her employer could offer health insurance, but it may not be a good policy, and even if it is, the cost could be too high to contemplate joining the plan. However, the worst situation a divorcing spouse could find him/herself facing is having no option to purchase employer-sponsored health insurance and trying to manage a number of pre-existing medical conditions that are expensive to treat. Does a person, who is reliant on the other spouse for health insurance, have any ability to maintain that coverage post-divorce? Additionally, there is the issue of who will provide health insurance for the children, and how that expense will be divided between each parent. A discussion of an individual’s options for health insurance after divorce, and how health insurance for children is handled in this situation, will be explored below.

Insurance Options for a Divorcing Spouse

Anyone facing a serious and/or chronic health condition is understandably anxious when it comes to securing sufficient health insurance coverage so they may receive necessary treatment. Serious health concerns can force a person to reduce time at work, change careers into a less demanding and lower-paying field, or stop working entirely. This presents a real problem in the context of divorce. Federal law requires health insurance providers that contract with companies that employ 20 or more employees to provide the same level of temporary coverage, known as COBRA, to an ex-spouse for 36 months after a divorce is finalized. Divorce is one of several qualifying events that obligate an insurance company to offer enrollment in a plan or the continuation of coverage – marriage, birth of a child, and loss of employment are examples of other qualifying events. Thus, divorce waives enrollment restrictions, and allows the spouse losing coverage to obtain previously-declined insurance with an employer or buy coverage in the marketplace. Note that ex-spouses have 60 days after the divorce decree is issued to contact the insurance company and elect to enroll in the COBRA program. However, the big issue with COBRA is the high cost. Most group health plans are subsidized (or partially subsidized) by the employer, which is lost when the legal relationship with the employee is severed by divorce. Further, health insurance companies are permitted to add an additional premium above what the employer is paying that only adds to the high cost. This situation often results in monthly premiums of over $1,000 for one person.

The law does not require an ex-spouse to cover the cost of health insurance, but this issue may be negotiated as part of a divorce settlement. In addition, courts will scrutinize divorces that could leave one party indigent due to serious health issues, and lead a judge to give the spouse with lesser means a greater share of the marital property, or order the other spouse to pay alimony.

Health Insurance for Children

Typically, health insurance for children will remain the responsibility of the primary provider, as it is the easiest way to resolve this matter. But, in any event, Florida law requires one parent, typically the one ordered to pay child support, provide health insurance for a child following divorce, as long as the cost is reasonable and the coverage is accessible. The cost is considered reasonable if the additional amount does not exceed five percent of the obligated parent’s gross monthly income. Coverage is considered accessible if the policy includes the county where the child primarily lives, or another county if agreed to by the parent with the greater share of parenting time. If the parent receiving support provides health insurance for the child, the other parent may be required to reimburse this cost.

Talk to a Florida Divorce Attorney

Maintaining health insurance coverage after divorce is a serious concern for many people, and if you have questions about the effect divorce has your rights and benefits, talk to a divorce attorney about what you should expect. The Tampa Bay law firm All Family Law Group, P.A. has a team of dedicated attorneys ready to help you with 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+

How Will the New Rules in Family Court Cases Affect You?

Entering the legal process to resolve disputes is a stressful and overwhelming situation for most people. Many of the procedures and terms used by court officials and attorneys sound foreign and intimidating to the participants. Divorce is one of the most common ways people interact with the legal system, and any matter concerning family issues (domestic violence, divorce, or guardianship), or children is handled through the family court system. Because of the sensitive nature and amount of people needing resolution of domestic issues, the family court system is designed to work faster, more efficiently, and with less complexity. This structure does not eliminate the need for an attorney, but ideally facilitates easier access to the court and resolution of pressing issues. Most courts, from civil to criminal, have their own set of rules that govern how cases proceed. While these rules function behind the scenes for most parties, they can profoundly affect the process and ultimate result. Florida’s family court recently created its own set of rules and procedures that are supposed to further streamline the process. Previously, family court cases were handled under the general rules that apply to all civil suits, which are more complex and cumbersome. An overview of the new family court rules, and how they may affect family law cases going forward, will follow below.

New Rules Generally

The purpose behind the issuance of a separate set of rules specifically for family law cases was to simplify and condense how these cases are conducted for the sake of litigants who decide to represent themselves. This was accomplished by standardizing the title of various petitions and motions (requests for a court to act on a specific issue) so that only one format is now acceptable. Further, the necessary content of the documents filed with the court is now much simpler and the description of the required information is plainly laid out for the average person to understand. For example, when a spouse files a petition for divorce, the other spouse is obligated to file a response, called an answer. An answer allows a party to deny or admit the allegations made in the original petition. Under the new rules, the content of an answer must be “short and in plain terms,” and the new rule explicitly explains when an allegation must be denied or admitted. Now that the structures of family court rules are crafted with the self-represented party in mind, it may be very tempting to forego hiring an attorney. However, it is important to consider that doing so could result in the unknowing loss of rights to property, child custody, or remedies that would better address their circumstances.

One Big Omission

One big difference between the previous rules used in family court cases and the revised set is the absence of any provision for alternative dispute resolution. Before the rule change, parties in a divorce could be ordered to attend arbitration to work out disputes. Arbitration is a less formal process to resolve legal disputes that is faster and cheaper compared to traditional litigation. Further, this alternative could be particularly beneficial for couples that do not have child-related issues to work out. State law permits mediation for certain child-related disputes since it is not binding, unlike arbitration. Excluding arbitration from the new rules, limits a valuable option for parties to resolve family law cases, which hopefully will be added at later date.

Get Legal Advice

Engaging with the court system on any matter, family-related or otherwise, is always a complex endeavor. If you are contemplating divorce, or have child custody issues, working with an experienced family law attorneys can have a huge impact on the final outcome. Trained attorneys understand the law behind the rules, and can best adapt his/her approach to obtain your desired outcome. The lawyers at All Family Law Group, P.A. in Tampa Bay understand how important family law cases are, and will take the time educate you on every step of the process.  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+