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Articles Posted in Florida Statutes

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Reducing Your Risk of Permanent Alimony

        There are few words that send shivers down the back of a higher earning spouse than “permanent alimony.” In Florida, Fla. Stat. 61.08, states after a couple has been married for seventeen (17) years, there is a rebuttal presumption that permanent alimony should be established to…

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Meeting Your Child’s Special Needs After Separation

Every parent has an ongoing responsibility to support their child. All parents have to work together to raise their children to the best of their ability.  There are times of joy and also times of struggle.   Raising a special needs child presents its own victories and challenges, and parents find…

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What is a Marriage of Moderate Duration?

Fla Stat. §61.08(4) provides statutory guidelines for Florida courts to consider when evaluating importance of the duration of a marriage as a factor for alimony consideration.  In order to categorize the duration of marriages, courts look from the date the marriage began until the date one of the spouses filed…

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Florida Divorce, Visitation & Custody: How to Navigate Through the Divorce Process

As a Jacksonville, Florida family law attorney, divorce, visitation and custody issues are part of my daily practice. Visitation and custody are usually emotional and working with a client on their parental demeanor is vital in moving forward and eventually going to court. When dealing with custody and visitation of…

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What the Florida Romeo and Juliet Law Means for Some Who Were Convicted of Sex with a Minor

Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. Before the introduction of the Romeo and Juliet Law in Florida, two victims may have existed in a sexual battery of a minor conviction. Florida law stated that a minor (16 years of age and under) cannot consent to…

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Florida Divorce: Why Custody Plan Evaluations Are Important

Written by: Lenorae Atter, Attorney at Law First, the Florida legislature changed child custody to “primary timesharing parent” in October, 2008. However, since most of us are familiar with child custody and custody issues, this article will still address the issue as the historic term, “custody.” As a Jacksonville Florida…

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Can Florida Parents Charged with Domestic Violence be Awarded Custody or Visitation Rights?

In the state of Florida, if a parent has been convicted of misdemeanor, first degree or felony domestic abuse charges, the judge may rule that it is not in the child’s best interest to award custody or time-sharing rights to that parent. The same is true if the parent is…

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In Florida, Are There Any Restrictions on Moving Away With My Child After a Divorce or Paternity Case?

Often parents going through a custody battle think about whether they would like to stay in the same place where they are fighting the battle. Working as a divorce attorney in Jacksonville, Florida, I have noticed that many individuals feel that once they have gone through their divorce or custody…

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Determining the “Best Interests” of a Child in Florida Family Law Matters

Florida courts make a plethora of decisions regarding children. These decisions range from timesharing and decision making, safety and permanency planning, and proceedings for termination of parental rights. Whenever courts make such decisions, it must consider whether its decision would be in the “best interests” of the child. Most States…

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How to Get Legal Custody over Your Grandchild

There are many reasons why a grandparent may need to care for a grandchild for an extended period of time in Florida. Obtaining a Florida court order placing the child in the grandparent’s custody would allow the grandparents to obtain medical attention for the child, the right to enroll the…

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