Parenting Plans

  • Can an Out of State Domestic Violence Order Affect My Florida Parental Rights?

    Any presence of domestic violence in your life, whether it is an isolated incident that occurred in your past, a restraining order, or a criminal charge, can affect your parental rights in Florida. It does not matter if your charge or restraining order is from another state. Although Florida typically creates timesharing arrangements that provide both parents with parenting time, yours could be curtailed if the court feels your child’s safety is at risk with you. The Court Always Looks as What is in the Child’s Best Interest When the court determines a parenting plan, it considers a long list of factors about the child’s needs and the parents’ lifestyle to determine the parenting plan that best suits the child’s best interest. These factors include:…

  • Child Custody Issues with Same Sex Couples

    Forming an important and lasting bond with a child through direct involvement with the child’s daily life is not limited to the child’s legally-recognized parents. This influence may be exerted by any present and caring adult, and in the context of same-sex relationships, is not an uncommon arrangement. While many same-sex couples are now more aware of the legal pitfalls of failing to formalize parentage for the non-biological partner, a significant number are still in a legal no-man’s-land if the relationship ends and the biological parents decide to cut off access to the child. The child custody rights of parents in same-sex relationships is an area of the law that is still developing, and thus, predicting the likely outcome of a particular case is difficult….

  • How Can I Change my Parenting Timesharing Agreement?

    When a couple with children divorces, a parenting timesharing agreement is typically part of the divorce settlement. This agreement is based on the child’s best interest and in nearly all cases, is created with the intention of maintaining a consistent relationship between the child and both of his or her parents following the divorce. Do you and your Former Partner Agree to a Change to the Parenting Plan? If you and your former partner agree to the proposed change to your parenting plan, changing the arrangement is easy. To do this, create a document that outlines the changes to your existing parenting agreement. Follow the instructions in your original Agreement for “modification,”and then file it with the court. Do not attempt to change your agreement…

  • Make your Teen’s Transition to College Painless as a Divorced Parent

    Although your son or daughter is no longer a child, you are not finished being his or her parent. After your divorce, you learned how to co-parent effectively.  Now, as your child finishes high school and moves on to college, you and your former spouse have new challenges to face. Issues to Work Out If your child headed off to college in the fall, make it a point to talk to your former partner about it. There are multiple issues you should have a game plan to address such as: Who will take your child to campus on move-in day and how will holidays be shared; Who will pick your child up at the end of the semester; How you will handle costs that arise…

  • When it Comes to your Divorce Terms, your Gender Means Nothing

    In the eyes of the law, men and women are treated equally. This means what when you work through the divorce process, your gender does not play into how your property is divided or how your child custody arrangement is set up. Speak with an experienced divorce lawyer to learn more about what to expect from the divorce process.  Rather than assuming that you will be given more or less time with your child or be required to pay alimony because of your gender, educate yourself about how the court actually determines the terms of a divorce settlement. Yes, Women Can Pay Alimony Alimony is money paid from one partner to the other to prevent him or her from experiencing financial ruin after the couple’s…

  • The Rights of Unmarried Couples in Florida

    Many couples eventually decide to marry at some point in their relationship, especially including now same-sex couples who may now marry nationwide. However, some couples decide not to legally marry, for a variety of reasons. Unmarried couples still have very limited legal rights in Florida. The exception concerns unmarried couples and their children; the law provides many protections in that area. Property Rights The property rights of married spouses are codified in law, and they may also be specified in other documents such as prenuptial agreements. Couples who are not married, but cohabitate, do not have statutory rights to each other’s property, therefore it is a good idea to draw up a property agreement with the help of an lawyer. The longer you live together,…