The above statement is something that is heard often by many Florida family law professionals, and each time it comes up, the following needs to be explained. The word “custody” in Florida law is an archaic term, and although it is obsolete, it seems like it simply won’t go away. This is likely because the […]
Tag: Paternity
Drouin v. Stuber
In Drouin v. Stuber (a paternity case), the mother sought to vacate a 2011 judgment that had declared another man to be biological father despite the fact that the child had been born during an intact marriage. The appellate court reversed the order setting aside the earlier order, because it was the legal father’s rights […]
How to properly relocate from the State of Florida when you have children.
Florida sets out the requirements for relocation within Florida Statute § 61.13001. This statute applies to you if your intended relocation destination is 50 miles, or more, away from the last residence that you used in establishing your timesharing, or at the time of the filing of such a petition. Moreover, this statute also applies […]
Electronic Communication With Children
Florida Statute 61.13003 allows the Court to order electronic communication between a parent and a child. This communication can be via email, text messages, Skype or any other form of electronic media available to both parents. With older children, this is relatively easy as they often communicate with their friends via social media. With very […]
Terkeurst v. Terkeurst
In the attached child support case, the award of child support and arrears is reversed and remanded for recalculation. The trial court did not use the proper method for substantial shared timesharing. The parties had a 50/50 timesharing arrangement, but the trial court failed to use the gross-up method to calculate the child support, and […]
Holiday Traditions
No matter which holidays your family celebrates, there are sure to be some tried and true family traditions. When your family is going through a divorce or paternity action, it is easy to get caught up in the negative emotions and to want to ignore the holidays. However, your children need to feel secure in […]
Holiday Timesharing
The holiday season is fast approaching. If you are currently in the middle of a divorce or paternity case, you may not have a holiday timesharing schedule in place yet. Holiday timesharing temporarily replaces your everyday schedule. In other words, even if you have a regular timesharing schedule that you follow, if there is not […]
Modification Of An Existing Parenting Plan
There are two ways to modify an existing parenting plan. The first is by the agreement of the parties. The second is through the court. In order to modify an existing parenting plan through the court, the parent requesting the change must do three things. They must prove that the change is requested due to […]
Shared Parental Responsibility Intervention
Professional intervention in parental responsibility issues sometimes becomes necessary. Therapist mediators are, at times, necessary when parents are arguing over issues such as schooling decisions and medical care. The therapist mediators may recommend therapeutic intervention and may be able to monitor compliance in resolving issues. Professional intervention may also be used to help provide parents […]
Parental Responsibility
In Florida, parenting plans must address parental responsibility and timesharing independently. So what is parental responsibility in the eyes of Florida courts? Simply put, parental responsibility refers to the authority parents have to make decisions that affect a minor child’s life. Generically, this can refer to everything from bed times and meals to religious affiliation […]