When a Parent Becomes a Kidnapper

Police in Massachusetts are searching for a Quincy-area mother for allegedly “kidnapping” her five children. Unfortunately, this mother is neither the first nor will she be the last parent to face accusations of “kidnapping” their own children. Although it may seem counterintuitive, Florida and other states allow a parent to be charged with kidnapping his or her own child. According to the U.S. Department of Justice and a 2002 study from its Office of Juvenile Justice and Delinquency Prevention, an estimated 203,900 children were the victims of parental kidnapping in 1999. Fifty-three percent of these children were abducted by their father, while 25 percent were abducted by their mother. Twenty-one percent were missing or gone for one month or longer.

What Constitutes Parental Kidnapping?

While some divorcing parents are able to put aside their differences and feelings for one another and cooperate for the benefit of their child or children, other parents use children as a means of controlling or punishing the other parent. In general and regardless of the reason, any attempt by one parent to deny the other parent reasonable parenting time with the childwithout either an emergency or court order can be considered “parental kidnapping.” Common parental kidnapping scenarios include:

• Failing to follow a court-ordered parenting plan by failing to return the child at the conclusion of the parent’s parenting time;
• Moving out of state (or to another country) with the child without the approval of the other parent and/or the court;
• In the absence of a court-approved parenting plan, refusing to allow the other parent to exercise reasonable parenting time with the child.

Not all actions by a parent that deprive the other parent of parenting time will result in criminal sanctions. For instance, a parent charged with parental kidnapping can show that he or she deprived the other parent of parenting time because doing so was necessary to protect the welfare of the child.

What Should I Do if I Believe the Other Parent Will “Kidnap” Our Child?

If you believe that the other parent is likely to abduct or kidnap your child, you must be proactive. You do not necessarily need to wait for the other parent to actually kidnap the child in order to act; however, you may find a court is not able to help you if there is no evidence a kidnapping is about to take place. For instance, the fact that the other parent has relatives that live in another country may not be enough to convince a court to enter protective orders or award you sole custody. Conversely, relatives who live in another country coupled with texts, e-mails, or phone messages in which the other parent threatens to take the child away can influence a court to take protective measures.

As with any other custody-related issue, an experienced Tampa divorce attorney is useful in ensuring the proper motions are timely filed and decided in order to protect your child. At the All Family Law Group, P.A., we are here to help you. Contact our offices in Tampa Bay at 813-321-3421 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Divorce Does Not Have to be Difficult

Earlier this year, a “selfie” of a smiling Florida couple’s photo went viral after it was posted on Instagram. At first glance, the photo seems rather ordinary, though its popularity likely came from the caption, which explained that the couple’s divorce had just been finalized. You would generally not expect two people whose marriage was just dissolved to be posing together with excited looks on their faces. However, Keith Hinson–the former husband in the photo–explained that theirs was the “most friendly, respectful, and loving split imaginable.”

This photo demonstrated that divorce does not have to be a painful battle and that it is possible for two people to dissolve their marriage in relative peace. This kind of amicable split is rare, however, often because of the number of issues that need to be settled before a court will grant a divorce. Such issues commonly include debt and property division, alimony, child support, child time-sharing, parenting plans, and more. Too often, by the time one spouse files for divorce, there is substantial discord between the couple. This can cause bitter disagreements over many issues, which can lead to lengthy and acrimonious battles in court.

How an Attorney Can Help Keep the Peace

If you wish to have a peaceful and respectful divorce, the assistance of an experienced divorce lawyer is imperative. An attorney can help you explore numerous options that can assist you in solving problems and settling issues outside of a courtroom. These can include:

• Negotiation;
• Mediation;
• Collaborative divorce; and
• Simplified dissolution of marriage.

Often, such solutions can involve a team of professionals, including attorneys for each spouse, financial advisors, business advisors if applicable, psychologists, child specialists, and more. An experienced lawyer will have access to these and other resources that can assist in coming to a peaceful and swift resolution. If successful, such dispute resolution options can not only save you peace of mind but may also be significantly more efficient in both time and money.

Having a Tampa divorce attorney who understands your goals is extremely important. Too many lawyers head straight to the courtroom without considering alternative dispute resolution (ADR) options. For this reason, you should always question a potential attorney about their philosophies and approaches to divorce and ADR. If you are capable of resolving your divorce issues in a civil and efficient manner, everyone–you, your former spouse, and your children–will surely benefit. Preserving a friendly relationship will also help you co-parent in the future.

Contact an Experienced Tampa Divorce Attorney Today

While divorce can be a difficult process, the assistance of an attorney can make it much easier. A family law attorney will understand the issues that you are going through and has an ethical duty to represent your best interests in all matters related to your divorce. The Tampa lawyers of All Family Law Group are dedicated to helping people with a variety of legal issues resolve them as favorably as possible while keeping legal costs low. Anyone seeking a divorce or need help with any other family law issue should  not hesitate to call All Family Law Group in Tampa Bay at 813-756-4857 for a consultation at no charge.

By Lynette Silon-Laguna Google+

The End of Permanent Alimony in Florida

Legislators are considering whether it is time to end the availability of permanent alimony in Florida divorces. House Bill 943 was filed in late February; if passed, the bill would eliminate permanent alimony as well as allow alimony obligations to end upon the retirement of the obligor. Presently Florida is only one of a few states that allows permanent lifetime alimony awards that end only upon the death or remarriage of the recipient.

What is Alimony?

Alimony (sometimes referred to as spousal support) is a payment made by one spouse – the obligor – to the other spouse – the obligee – for the purposes of enabling the obligee to maintain a certain standard of living following a divorce. Usually an alimony award is only in effect for a limited time and is meant to give the obligee a “helping hand” while he or she reestablishes him- or herself. Permanent alimony – that is, a lifetime alimony award that only ends when the obligee remarries or dies – is currently available in certain limited circumstances.

In order for a Florida court to order alimony, there must be both a need for the alimony from the obligee as well as an ability to pay from the obligor. If both of these are present, the court may award alimony. Other than permanent alimony, a court can order:

• Temporary alimony, which lasts while the divorce is pending and ends automatically when the divorce is finalized.
• Bridge-the-gap alimony, which begins after the divorce is finalized but lasts only a maximum of two years. This type of alimony is meant to provide for the obligee’s living expenses while he or she completes a job retraining program or while the obligee sells the marital home (for instance).
• Rehabilitative alimony, which provides for the expenses of the obligee while he or she undergoes a retraining or education program so he or she can secure appropriate employment. When rehabilitative alimony is requested, the obligee must submit a plan outlining the money and time necessary to complete the plan.
• Durational alimony, is alimony that is awarded for a specific length of time and when other forms of alimony are not adequate. Durational alimony is not able to be awarded for a time period greater than the length of the marriage.

Have alimony questions?  The Tampa divorce lawyers at All Family Law Group are here to help!

Regardless of whether you are the obligor or obligee, an alimony award (or no alimony award) can have serious ramifications on your family’s budget. It pays to have a knowledgeable Tampa divorce attorney review the facts of your case to determine if you are entitled to alimony and, if so, in what amount. If you are an obligor or are threatened with a demand for alimony, we can argue the facts of your case and help demonstrate to a court that no alimony award is appropriate. Contact our offices in Tampa Bay at 813-321-3421 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

What Factors does a Court Consider when Awarding Florida Alimony?

The end of a marriage can be a trying time, both emotionally and financially. For many people, fundamental aspects of their daily life will change dramatically, including where they live, how often they see their children, their day-to-day routine, and even whether or not they have a job. In some cases, one of the parties to a marriage has forgone pursuing a career in order to support his or her spouse, or may have left the workforce early in order to raise a family or manage the marital home.

Florida Alimony

Of course, the parties to a marriage both have financial needs, both during the marriage and afterwards, should it end. The law that governs the way marriages end recognize this fact, and provide for an equitable distribution of the marital assets upon dissolution. Additionally, Florida Courts are authorized by law to award additional financial support based on one party’s need and the other party’s ability to pay. This type of arrangement is referred to as “alimony” by Florida law, but can also be called “spousal support” or “maintenance.” There are several types of alimony that may be awarded, including bridge-the-gap, rehabilitative, permanent, durational, or lump-sum alimony.

Several Factors Considered

In determining whether or how much alimony to award, Florida courts are specifically authorized to consider the adultery and the circumstances under which it occurred. If the court decides to award alimony to either party, it can consider all relevant factors, including the following:

• The standard of living the couple enjoyed during the marriage;
• How long the marriage lasted;
• Each party’s age and physical condition;
• Each party’s financial resources, including the distribution of the marital and non-marital assets and debts;
• Each party’s contribution to the marriage, including caring for children, caring for the home, education, and career building of the other party;
• The earning potential, education, job skills, and employability of both parties and the time it would take either to obtain education or training that would allow either party to obtain employment;
• Each party’s responsibility with respect to children;
• The tax consequences of an alimony award;
• All sources of income available to either party; and
• Any other factor necessary to achieve equity and justice between the parties.

As one can see, courts have significant discretion in Florida in determining whether and how much alimony to award. As a result, it is important for anyone seeking alimony to present their case in the strongest light possible. An attorney who understands how Florida family courts operate can help collect and present evidence on your behalf in a way that will maximize your chances of obtaining a favorable result. In some cases, an attorney may even be able to negotiate an alimony settlement with your spouse without intervention by the court.

Contact a Tampa Family Attorney Today to Schedule a Free Consultation

Anyone who is seeking to obtain or avoid an alimony payment should discuss their situation with an experienced family law attorney as soon as possible. Contact an experienced Tampa Bay alimony attorney at All Family Law Group, P.A. by calling 813.321.3421 for a consultation at no charge.

By Lynette Silon-Laguna Google

Obtaining Past Due Child Support in Florida After Children Become Adults

With regard to child support in the state of Florida, the general rule is that child support terminates when a child reaches 18 years of age.  However, the general rule does not apply when child support is still owed for any time prior to the child’s reaching adult legal status. Under these circumstances, the custodial parent generally retains the right to collect on the overdue balance owed.  In terms of procedure, to collect any outstanding child support payments, the custodial parent must obtain a court order.  Even if the debtor parent is not currently able to make the payments, a court order preserves the right of the non-debtor parent to make a claim on future money earned for back child support.  To ensure that a court order is properly obtained, custodial parents in Florida would benefit from retaining the services of an experienced Tampa Bay child support attorney.  

Florida Also Provides an Exception in Instances When a Child Of Legal Age Has Not Yet Graduated From High School

In addition to the exception concerning past due child support, Florida’s child support statute also contains a provision that extends child support until a child graduates from high school, if there is a reasonable expectation of graduating before his or her 19th birthday.  If no reasonable expectation then child support will terminate upon reaching his or her 18th birthday.

Florida Provides an Additional Exception for Children with Special Needs

Florida provides another exception for the custodial parent of a child with special needs.  If your child has special needs, and is incapable of ever becoming a self-supporting adult, then Florida will not terminate child support.  Under these conditions, the child support will be ordered to last for the life of the child.  Still, even under these circumstances, it is imperative that you follow the requisite legal procedures.  The child’s special needs status must be formally recognized via court order, whether through a first-time order or a later modification.  One last point on this issue is absolutely critical to understand: if you have not obtained a formal court order, even if your child has special needs, and the child reaches age 18 (thereby ending child support), you forfeit the right to reopen the case to continue child support.   

What to do If You Are Owed Past Due Child Support for a Child That Has Reached Adult Legal Status

Is your former spouse refusing to pay child support on the basis that your child is now of legal age?  Know your rights; just because your child has reached the age of 18, a debtor spouse can still be compelled to make good on past due child support payments.  Contact an experienced Tampa Bay child support attorney at All Family Law Group, P.A. by calling 813.902.3624 for a consultation at no charge to ensure that a court order is properly obtained. Doing so will preserve your right to collect on still owed child support in the future. 

 By Lynette Silon-Laguna Google

Don’t Believe the Hype: Collaborative Law Is Not Without Disadvantages

Collaborative law is an alternate form of dispute resolution in the family law context.  While proponents contend that collaborative law is both less expensive and more effective than traditional, adversarial law, it can actually drag out disputes in matters of divorce and child custody, thereby increasing costs.

The Facts About Collaborative Law

The first thing to know about collaborative law is that it is practiced outside of the courtroom.  The philosophy underlying this basic fact is that, by removing contentious issues from the inherently adversarial context of the courtroom, parties will be more inclined to put aside their differences and work together to compromise and find mutually agreeable arrangements.  However, this does not mean that the parties are without representation; separate attorneys are still retained by each.  After retaining separate legal counsel, the parties agree to several covenants that express the “let’s work together” spirit of collaborative law.  Among these covenants are agreements to treat one another with respect, to fully and honestly disclose all information and documents relevant to the disputed issues, and to shield any children who are party to the dispute from any adverse emotional impact.  However, as even proponents concede, these covenants are bound to ring hollow in many cases.

When Collaborative Law Is the Wrong Approach

Obviously, collaborative law, in its essence, is about working together.  This can be hugely problematic in the context of divorce, which, in its essence, is about ceasing togetherness.  It follows that collaborative law is at risk of sometimes being directly at odds with one of its principal aims: facilitating divorces.  Sure, it might work for the rare pair who can remain amicable through a divorce or child custody dispute.  But what about divorces in which the marriage has been devastated by infidelity, abuse, radical differences of opinion in child-rearing styles, or bitter disputes over finances?  It is these scenarios where a “let’s work together” spirit just isn’t realistic.  For those who delude themselves that it is, the cost can be significant.

The Cost When A Collaborative Law Approach Fails

While an attempt to resolve a family law dispute through collaborative law begins outside of the courtroom, it doesn’t necessarily end that way.  If the parties simply can’t reach an agreement, the collaborative law process ends, and the dispute shifts to the traditional courtroom setting.  Not only that, but the original attorneys are disqualified from continuing their roles outside of the failed collaborative attempt.  What does this mean for the parties?  You guessed it: more attorneys.  More attorneys translates to more costs – a reality that is certain to only further sour the dispute, and potentially make matters even more litigious than they would have been if the first attempt at settling the dispute was in the courtroom rather than the collaborative context.

Mediation Is Still Used In Traditional Family Law

Don’t be fooled into thinking that collaborative law is the only forum for alternate forms of dispute resolution.  Traditional family law, too, attempts to settle cases either prior to, or at mediation.  Finally, the past is the best indicator of the future; if you know a spirit of cooperation and compromise simply isn’t realistic, don’t waste time, money, and stress on an attempt at collaborative law that is likely doomed from the outset.

Other Alternatives

Are you considering a divorce? The family law attorneys at All Family Law Group will work towards settling your case in amicable manner with your spouse, if feasible. Call or email All Family Law Group at 813.902.3624 for a consultation at no charge with an experienced Tampa divorce lawyer to discuss your case.

 By Lynette Silon-Laguna Google

Divorce, Annulment and Separation in Florida

Florida is known for being one of the states with the highest divorce rates. The decision to divorce your spouse should be given much thought and consideration, and it is important to be familiar with Florida law regarding divorce and whether there are any other available options. It’s quite possible you will have a lot of questions that consider the possible grounds for divorce, whether or not you can get your marriage annulled, and even the specifics of a legal separation if you are not fully ready for a divorce. It is important to understand the difference between divorce, annulment and separation in Florida.

Divorce

According to Florida Statute, there are only two grounds for a divorce: the marriage is irretrievably broken or one of the parties is deemed mentally incapacitated. A judgment of dissolution of marriage cannot be granted on any other basis.

An irretrievably broken marriage exists is when you and your spouse agree that the marriage is broken and there is no possible way of fixing the marriage. If there are no minor children and the spouses do not deny the marriage is irretrievably broken, the court will enter a judgment for dissolution. The process is different if there is a minor child born in the marriage and/or the spouses deny the marriage to be irretrievably broken.  Under either circumstance, the court can do any of the following:

-          Order the spouses consult with a marriage counselor, psychologist, etc;

-          Provide a length of time, not to exceed 3 months, to allow the spouses to reconcile; or

-          Take any other action that may be in the best interest of the parties.

Keep in mind that the court has the discretion to deny the request to dissolve the marriage if the court does not find the marriage is irretrievably broken; however, it is very rare that a divorce will not be granted even if there are children or the other party does not agree to it.  The court in most cases will accept one party’s claim that the marriage is irretrievably broken.

Mental incapacity is the second grounds for divorce, but there is a very important accompanying limitation. A dissolution of a marriage will not be granted unless the alleged mentally incapacitated spouse has been adjudged as incapacitated for the prior three years. 

Annulment

An annulment is an order to terminate a marriage because the marriage is void. Unlike a marriage where the request to dissolve is not based on the validity of the union, an annulment questions whether the marriage was every valid to begin with. Florida case law provides that a marriage can be annulled when a person was under the qualifying age. If parental consent is never obtained, then that is grounds for annulment. Also, a marriage can be annulled for mental incapacitation or if one or both of the parties were under the influence, and thereby unable to provide valid consent. Physical inability to consummate the marriage or consent of marriage through fraud or deception is grounds for annulment, as well. Many parties seek a divorce over an annulment because Florida statutes specifically provide a step-by-step procedure for divorce. And since annulments are governed by common law court rulings, it can be difficult to establish the burden of proof and adhere to the court proceedings.

Separation

Unlike other states, Florida does not allow spouses to file for legal separation, which is an arrangement between the spouses to remain married but live apart. However, there are ways a person can achieve a similar result while utilizing a different avenue.

Partner with a Tampa Bay divorce attorney at All Family Law Group, P.A. to get effective solutions to your family law issues. Call us to discuss your situation at 813-672-1900 or contact us online for an initial consultation at no charge.

 By Lynette Silon-Laguna Google