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.
About Our Firm

- All Family Law Group, P.A.
- Founded in 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Criminal Defense, and Personal Bankruptcy. We practice primarily in the cities of Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, Northdale, North Tampa, Plant City as well as Hillsborough County, Pinellas County and Pasco County. We have offices conveniently located throughout Tampa Bay. Our lawyers have extensive experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes as well as criminal defense. We offer a free consultation to discuss your options. Please call us at 813-672-1900 or email us at info@familymaritallaw.com to schedule a consultation. Our representation of our clients reflects our dedication to them. We look forwarding to hearing from you! Se habla EspaƱol.
Showing posts with label tampa family lawyer. Show all posts
Showing posts with label tampa family lawyer. Show all posts
Friday, May 3, 2019
Wednesday, February 14, 2018
New App Aims to Help Parents Post-Divorce
Navigating how to co-parent during and after divorce is one
of the biggest stresses single parents have.
There is a lot of information that parents need to stay in compliance
with the parenting plan and as a preventative measure in case a dispute arises
about parenting time or financial contributions. The current structure of child custody, which
is now referred to as parenting time, is encapsulated in a parenting plan and
requires much more cooperation between divorced parents than in the past. Click here to read more.
Tuesday, February 13, 2018
Evaluating the Different Options to Get Divorced
Obtaining a divorce requires a couple to make a series of important decisions that will have long-term impacts on their future, including selecting which process to use to end the marriage. It may seem like the path chosen to arrive at divorce is an incidental factor, but it can have substantial implications for the settlement that is ultimately reached. Most couples are aware and have some notion of the traditional process of getting divorce – litigation, and many even assume this is their only option for ending the marriage. However, two other options that couples may want to consider if they are looking for a less contentious way to work out their issues, namely alternative dispute resolution – usually mediation, and collaborative divorce. A discussion of how each process works, including the positive and negative features of each, will follow below.
Traditional Divorce
Traditional divorce is the type one sees depicted on television, and involves a judge making all the decisions for the couple. This is the most adversarial method of ending a marriage, and parties generally have less contact with one another and use lawyers to prepare and present all aspects of the case. Further, due to the demands on court systems generally, the time and expense of a traditional divorce is much lengthier and higher. However, a traditional divorce provides an important service to some couples. The matters at issue in divorce are sensitive and complicated, and parties are not always able to come to an agreement because their points of view are too far apart. In this situation, a court can step in to resolve the couple’s outstanding issues, and bring closure to the case. Further, in divorces where is there are issues of violence or wasting of assets by a spouse, court supervision is usually necessary to secure the other spouse’s safety and rights. Thus, a traditional divorce does provide important protections and direction that are needed in some cases.
Mediation
Mediation is a form of alternative dispute resolution routinely used in family courts to resolve issues. Mediation is a less adversarial method of resolving divorce-related issues, and is led by a mediator who facilitates negotiations between the parties. The mediator is a neutral third party who cannot make decisions for the couple, but can offer suggestions and help them find ways to compromise on points of contention. Mediation sessions may be conducted with both parties in one room, or in separate rooms with the mediator going back and forth with each party’s demands until agreement is reached, or an impasse halts the process. This process allows the parties to have control over the outcome, and is typically cheaper and faster than a standard divorce case. Mediation is voluntary, and if the parties cannot settle all relevant matters, they can return to court to continue the divorce. Importantly, mediation participants often have attorneys present at mediation sessions, or at least to review any divorce settlement before signing, to advise them on the legal implications of any agreement.
Collaborative Divorce
Finally, a relatively new divorce option is collaborative divorce. This is a completely non-adversarial process that is designed to preserve a civil and working relationship between the parties, which is important if they plan to co-parent. Additionally, the parties must agree at the outset to suspend or opt out of court involvement during the collaborative process. Collaborative divorce involves attorneys specially trained in the collaborative law process to handle the legalities of drafting a settlement and explaining what the agreement means long-term and mental health and financial professionals to help the parties resolve child custody issues and property division. The parties communicate directly with one another, and have full control over the outcome, which typically lessens the likelihood of going to court resolve issues in the future.
Get Help
How you choose to get divorced is often as important as the decision to end the marriage. Every divorce case is unique, and an experienced divorce attorney can advise on the method that best serves your needs and desires. The Tampa law firm All Family Law Group, P.A. understands how overwhelming the divorce can be and can provide the guidance you need to start the next phase of your life. 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+
Friday, February 9, 2018
Is Posting Information about Your Divorce on Social Media a Good Idea?
Many people view their online social media accounts as an extension of themselves, and sometimes without thinking, post information about personal matters that is best left private. Posting about major life events online, and providing all the details, is not necessarily prudent. Divorce is one those areas where information should be kept to a minimum to avoid it affecting the outcome of the case and inflicting unintentional harm on other people, especially children. Emotions tend to run high around the issue of divorce, and those going through it understandably want to vent about frustrations and other unresolved issues. However, posting information about one’s divorce, including why/how the divorce happened, is not a good idea. Unlike relaying information to a trusted friend or family member, things posted online are available for others to see, including the other spouse and his/her attorney. The husband of the R&B singer, Keke Wyatt, recently posted a video on social media explaining his decision to divorce, including remarks about living in a “toxic environment.” While he may have made the statements with no ill intent, one could view his comments as references to behavior that creates an unsafe environment for their children. This example of one possible interpretation of his comments illustrates how online posts have the potential to affect issues like child custody and property division. An exploration of how social media can impact divorce cases, and the most effective method of mitigating this risk, will follow below.
How Social Media Posts Influence Divorce Settlements/Decrees
One crucial point divorcing spouses need to understand about social media is that such information is admissible as evidence in their case. Even if an account is set to private, a court may allow the other party to gain access to posts as part of the discovery process (procedure that permits parties to gather evidence). Thus, using social media during an active divorce should at least involve some thought on how it may be construed. Specifically, if spouses are in a dispute over finances, posts indicating monetary expenditures, such as going out for dinner or attending a show, no matter how innocuous, can be used to argue for a greater share of the marital assets or more alimony. Further, social media can have particularly damaging effects on child custody disputes. Courts look at the best interests of the child when deciding how to divide parental responsibilities, and parties that post negative comments about the child or other parent could be viewed by the court as signaling the parent will not be willing or capable of cooperating on child custody matters. This inference could lead to the court to give the other parent greater decision-making authority and the majority of the parenting time.
Limiting the Impact
As alluded to above, social media should be used sparingly, if at all, while the divorce is pending. While it may be difficult to refrain from using this communication medium, the potential for negative consequences is typically greater than the benefit social media confers. If abstaining is not possible, taking pains to keep posts as neutral as possible is critical to minimizing their impact. An experienced divorce attorney can advise how to handle social media in divorce and other family law matters, which is especially important if negative content is already posted.
Contact a Florida Divorce Attorney
Putting together a divorce case requires more than merely filing certain documents with the court. An experienced divorce attorney can help you gather and present the information you need to get a fair and appropriate result. Tampa Bay’s All Family Law Group, P.A. understands the stresses of divorce, and is available to help you negotiate a settlement, or litigate the case in court, if necessary. 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+
Saturday, February 3, 2018
Who Pays for the Divorce?
In addition to the emotional challenges of divorce, there is the very concerning issue of how to handle the financial fallout of this decision. Finances play a huge role in people’s lives, and can force couples to stay together for fear of financial collapse. Once the wheels are put in motion to form separate lives, each spouse must figure out how to support him/herself independently, before any court orders are issued regarding alimony or property division. Even the process of divorce itself can cause concern, especially if litigation is necessary to resolve points of dispute. Parties in divorce usually do not want to cut corners on legal representation or pursuing legal action, but such efforts do come with a cost. Further, even if alternative dispute resolutions options are explored, such as mediation, which are less expensive than a traditional divorce, this process has an associated cost as well. While parties are generally expected to cover these expenses on their own, it is possible to ask a court to order the other spouse to pay for legal fees and court costs in certain circumstances. Costs for family law mediations are handled somewhat differently. A discussion of how costs for traditionally litigated divorce cases and divorce mediation can be shifted will follow below.
Mediation Costs
Couples entering into divorce, especially if children are involved, are becoming more open to the possibility of alternative processes to work out unresolved issues. Mediation in family law and divorce cases is one frequently chosen option due to its brevity, lower cost and control it gives to the parties. Further, ordering divorcing spouses to attempt mediation before formally beginning the legal process of divorce is a standard requirement. Thus, most divorcing couples will have some exposure to mediation. The cost will depend on the provider chosen for this service, but it is generally shared between the parties. If the parties’ combined annual income is $100,000 or less, the cost may be based on Florida statute, which sets a flat rate, though the court can waive the fee if circumstances justify it. Further, a point of negotiation could be who will bear the fees if there is a concern about paying, and a court could order one party to cover any associated costs of mediation if there is an ability to pay.
Recovering Attorney Fees in Divorce Cases
Anytime a court decides a dispute, the costs of seeing the case through to the end quickly multiply. If one party has more financial resources from which to pull, this process can easily become unfair. However, Florida statutes permit a court to order a party to pay the other spouse’s attorney fees or other costs incurred in the divorce case. These awards are authorized to ensure one party does not gain an unfair advantage simply due to having more money. However, a request for attorney fees and costs must be made in the first filing a party makes with court. Requests made a later time are rarely considered. A judge will consider a number of factors when deciding whether to grant such a request, including:
- the financial resources of both parties, which goes beyond looking at income and additionally explores the assets each party owns;
- the scope and history of the case, especially if a relatively simple dispute turns into a complicated case involving multiple issues;
- whether one party is using court procedure to harass the other party or stall progression of the case; and
- the actual need for the award, usually taken to mean a party would have to use resources allocated for basic expenses in order to pay for legal representation.
Talk to a Florida Divorce Attorney
Figuring out how to pay for divorce is a source of significant concern for many people, but know there are options to share costs or shift the burden to the spouse with the greater ability to pay. The Tampa Bay law firm All Family Law Group, P.A. has years of experience counseling clients on their rights in a divorce. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-672-1900 for a consultation at no charge or email us.
by Lynette Silon-Laguna Google+
Wednesday, January 31, 2018
Who Gets to Stay in Marital Home during a Divorce?
Spouses often have emotional attachments to their marital home, due to the hard work that was needed to purchase it and its likely status as the most valuable asset they possess. The marital home takes on a new and greater significance if a divorce occurs as the parties try to decide present and future living arrangements, and whether the home should be sold. The ultimate treatment of the marital home is an area that can cause contention between divorcing spouses, especially if the mortgage payment is out of reach for one party’s income. Even the issue of who gets to stay in the home while the divorce is pending leads to disputes in some cases and requires court intervention to resolve. Typically, both spouses have a right to remain in the home. However, there are situations where a court might give one spouse an exclusive right to remain in the dwelling. Recently, tennis professional Serena Williams filed an emergency motion in her father’s divorce case requesting the home she owns, and the one in which the couple lived, be limited to her father’s use, and exclude entry to the soon-to-be ex-stepmother/wife. Determining the disposition of the marital home during the pendency of the divorce and following dissolution is a central matter that must be settled. The treatment of the marital home in the divorce process will be explored below.
While the Divorce Is Pending
Once the divorce is initiated, if not earlier, couples will frequently want to change the living arrangement so both parties do not occupy the same space. However, there may be disagreement about who should move out. Financial considerations or child care may be the motivating factor, but if the parties cannot agree, a judge will often be tapped to settle the matter. Regardless of who owns or has a legal right to live in the marital home, a judge can grant one spouse the exclusive right to use and possess the home. The result is the other spouse must move out pending the final divorce judgment, though this right can extend beyond the divorce case. Florida does not clearly establish when an exclusive right to stay in the marital home will be granted, but the parties must have evidence of more than just a desire to live apart. Court orders of this type are most commonly issued in connection with domestic violence, a parent who is the primary caregiver, or if the home is modified to serve a particular need, such as a disability. While the person ordered to vacate the premises does not lose property rights, he/she cannot enter the premises without permission, and the other party has the right to exclude entry.
Following the Divorce Order
Most homes that are owned are considered marital property in divorce, even if just one spouse is listed on the title/mortgage. This result occurs because marital funds are commonly used to pay for and maintain the home, which makes it a marital asset under Florida law. If the parties cannot agree on what to do with this asset, a court will decide and require the parties to do any of the following:
- sell the home if neither party can afford to keep the house on one income. The proceeds of the sale is usually shared, though the percentage each receives will depend on what is most fair under the circumstance, e., short-term marriage or one party greatly contributed to the improvement of the home;
- defer sale of the property to allow the party with most of the childcare responsibilities to remain in the home until the children reach adulthood; or
- order one party to buyout the other if the person wishing to remain can pay an equitable settlement for the other party’s share.
Speak to a Florida Divorce Attorney
The ownership and possession of the marital home is just one of many issues that come up in divorce. Resolving these issues can often be done privately, with the help of an experienced divorce attorney, but if agreement is not possible, you need a dedicated divorce attorney to represent your interests in court. Tampa Bay’s All Family Law Group, P.A. handles all aspects of divorce, and can help negotiate a settlement or advocate for your rights in court. 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+
Monday, January 22, 2018
Drawn Out Divorce Case Illustrates Importance of Prenuptial Agreements
When a couple is in the throes of celebrating an engagement and planning a wedding, thoughts about the possibility of divorce are the farthest thing from their minds. Consequently, many couples skip the talk about the benefits of a prenuptial agreement, and assume that everything will work out. Sidestepping this issue when young is easier to understand because the parties are less likely to have valuable assets, but when marrying at an older age, and especially in instances of second (or subsequent) marriages, prenuptial agreements are important to safeguarding assets that have been built over a lifetime. A former Clerk of Courts for Broward County is learning this lesson the hard way as he battles his second wife in a divorce case over a share of his deferred income from the state’s retirement program and Social Security benefits. It may seem pessimistic to dwell on the potential for divorce, but for those with a lot at stake financially, having this document in place is a smart way to protect these assets from being substantially depleted in divorce. This is an important consideration if there are children from a previous marriage to whom a parent intends to leave an inheritance. A discussion of what a prenuptial agreement is, what it can and cannot do, as well as the benefits a prenuptial agreement can bring to a marriage, will follow below.
What Is a Prenuptial Agreement, Anyway?
A prenuptial agreement, also referred to as a premarital or antenuptial agreement, is a contract a couple enters into before marriage that governs the division of assets and payment of spousal support, or alimony, in the event of divorce or other specified occurrence (death, incapacity, birth of children, etc.). Without such an agreement, a spouse is typically entitled to 50 percent of the marital assets if the couple later divorces. Though having a prenuptial agreement does not negate the possibility of litigation, having a well-crafted contract from an experienced family law attorney will make it less likely a court will invalidate the agreement.
Possible Uses and Certain Prohibitions
Prenuptial agreements are intended to protect assets from division in divorce, protect against assuming the liabilities of the other spouse, and protect the other spouse from claiming certain future earnings. However, Florida law specifically prohibits the enforcement of clauses in prenuptial agreements that attempt to release a party from a child support obligation, or would leave one party destitute and forced to seek public assistance for means of basic support.
How an Agreement Can Benefit Marriage
One way to make the discussion of a prenuptial agreement less negative is by using it as an opportunity to learn about each individual’s approach to finances. Finances are one of the leading causes of divorce, and working out how to handle these matters before marriage reduces the chance of disagreement. Further, a valid prenuptial agreement requires both parties to fully disclose all income, assets and liabilities so each person knows exactly what they are gaining or losing under the agreed upon terms. Further, knowing this information up front will give a couple the opportunity to blend their financial styles into an approach that is workable when finances do become shared.
Seek Legal Advice
Prenuptial agreements must follow certain rules to be enforceable, and involve complex issues that have long-term consequences. To ensure the executed agreement reflects what you want, work with a family law attorney that understands how courts view these contracts. The Tampa Bay law firm All Family Law Group, P.A. understands how important these agreements are, and is available to provide you with a free consultation to discuss your concerns.
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+
Friday, January 19, 2018
Getting Divorced When a Spouse Is Nowhere to Be Found
Divorce is usually precipitated by an uncomfortable conversation during which at least one spouse must work up the nerve to say he/she wants out of the marriage. If given the choice, it is likely many would skip this step if at all possible, but they do have the comfort of knowing where their spouse is so the divorce process can begin. However, what does a spouse do when he/she cannot locate the other person to initiate a divorce? One of the basic requirements of a divorce case is the need to serve the other spouse with a copy of the divorce petition so he/she has notice and an opportunity to reply. However, what does one do if a spouse suddenly walks out one day, without a word, and never returns? Likely, the person left behind will at some point contemplate divorce, but how does one proceed when a central party is absent? A discussion of how one can obtain a divorce when one spouse is missing, and limitations of the legal process in this situation, will follow below.
Constructive Notice/Service by Publication
As noted above, all parties to a legal proceeding have the right to notice of the suit and an opportunity to respond. However, the law does not want to keep individuals in marriages solely because one spouse cannot be located. As a result, one party can petition for divorce and satisfy the notice requirement by providing constructive notice, or service by publication. Service by publication can be accomplished by publishing a notice of the divorce case in a newspaper approved by the Clerk of Court for four consecutive weeks. Further, the party seeking divorce must make a diligent search for the other spouse, which is something beyond stating he/she cannot be located. Specifically, a party will be expected to show some form of the following actions:
- contacting the last known employer;
- questioning family and friends about the spouse’s current or past whereabouts;
- searching online;
- checking social media; and
- monitoring bank and credit account activity.
An affidavit of the party’s failed efforts to locate the missing spouse must be filed in conjunction with the petition for divorce before a court will proceed on the case.
Default Judgment and Limitations of the Court
If a party fails to respond to a pending legal action, the court will issue what is called a default judgment. This essentially grants all the demands of the petitioner, which may sound great for the spouse seeking divorce, but due to the personal nature of divorce proceedings, there are some caveats. While a court in a constructive notice case can dissolve the marriage, it does not have authority to do the following:
- divide property;
- award child support or alimony; or
- create a parenting plan, though the practical implication of one spouse’s absence is that the party present receives sole custody.
Obviously, these issues lay at the heart of most divorce cases, which is why courts are willing to reopen divorce cases if the missing spouse later reappears to settle these outstanding matters. Because divorce cases under these circumstances leave a lot of issues unresolved, it is important to do whatever is necessary to find the other spouse, including hiring a private investigator if financial resources allow.
Get Legal Advice
Divorce is never easy, and unforeseen complications frequently come up in the most straightforward divorce cases. Having an experienced divorce attorney by your side greatly reduces the likelihood of surprises, and provides the security of knowing someone has a vested interest in protecting your rights. The Tampa Bay firm All Family Law Group, P.A. takes time to get to know their clients so they can best serve their needs and obtain the best possible outcome.
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+
Friday, December 15, 2017
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+
Friday, December 8, 2017
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+
Sunday, December 3, 2017
When Will Courts Hear Child Testimony in Family Law Cases?
Numerous studies have supported the finding that divorcenegatively affects many children. Certainly, the degree of the impact is likely related to the age of the child when the divorce occurs and the child’s ability to understand the situation, though it is hard to handle a parent divorcing at any age. However, once a child is old enough to have some capacity to grasp that his/her parents are no longer together, many will express an opinion about which parent they would prefer to live with primarily. There is no denying children are a central issue in divorce, and the outcome will unavoidably directly affect their life. Based on this situation, some parents, and sometimes the child him/herself, want the judge to take the child’s wishes into consideration. While a child’s input could provide the court with some valuable information, most judges tend to shy away from this situation because of the potential for a parent to influence the child’s statement, as well the possible detriment of being exposed to the legal process. However, children are permitted to testify in some cases, and teenagers, in particular, are more likely to be given a voice in child custody matters. Judges have complete discretion in deciding this matter, but there are some guidelines courts can use to assess whether child testimony is advisable. An overview of the circumstances that would make a court more likely to permit a child’s testimony, and a review of the guidelines courts can use to determine if a child’s testimony is appropriate, will follow below.
Allowing Child Testimony
Generally, courts will only seriously consider hearing a child’s testimony if it is the only way to get important evidence into the case. However, even with that standard, unless the child is at least 12 or 13 years old, the likelihood the court will allow the testimony is extremely small. Courts have a legitimate worry about the competency of the child to testify, which requires the child be of sufficient age and maturity to make independent decisions and understand the implications of what he/she is saying. Further, even if the child is viewed as sufficiently mature, situations of domestic violence where the child is the only witness are one of the few circumstances where a child’s testimony would be given due consideration. Older teenagers, though, are given more leeway to testify about custody issues since they usually have the ability to understand the legal process and separate themselves from the dynamics of their parent’s marriage.
Legal Guidelines
Florida does not have an established age range judges can use to guide their decisions on child testimony, but it does have a statute about evaluating motions for child involvement in civil cases. Any party or court-appointed advocate can make such a request, and the court is directed to look at:
- the child’s age;
- the type of case;
- the child’s relationship to the parties in the case, e., a child of parents involved in a family law matter; and
- how the child would be affected by providing testimony.
To minimize stress on the child, many judges will speak with the child directly and out of the presence of his/her parents, known as in camera, in hopes of reducing any pressure the child may feel to favor one parent over the other.
The best option, though, is to keep children out of family law cases as much as possible. Guardians ad litem or other court-appointed advocates can usually provide the same information, and save the child from the trauma of having to appear at a court proceeding, an option judges would likely support. The best stance to take on this issue is to assume the judge will not allow child involvement, which is by and large the case, and instead work with an attorney to find alternatives that can convey the same evidence.
Get Legal Advice
Divorce brings up a lot of emotions for everyone involved, and it is easy to become overwhelmed by the complexity of the legal process to end a marriage. Finding an experienced family law attorney that will listen and strongly advocate for your interests is the most effective way to move through the divorce process efficiently and reduce unnecessary stress. The Tampa Bay law firm All Family Law Group, P.A. strives to settle divorce cases amicably, but are well-prepared to present your interests in court. 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+
Tuesday, August 1, 2017
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+
Tuesday, June 20, 2017
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+
Wednesday, June 7, 2017
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+
Wednesday, March 1, 2017
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+
Monday, February 27, 2017
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+
Wednesday, February 15, 2017
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+
Tuesday, January 31, 2017
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+
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