Articles Posted in Parenting Plans / Time Sharing

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In the wake of nearly a dozen women claiming to have engaged in extra-marital affairs with golfer Tiger Woods, his wife, Elin Nordegren Woods has reportedly moved out of the couple’s mansion and moved back to Sweden, her home country. The couple does have a prenuptial agreement, but the contents of the agreements are not open to the public. The Woods’ prenuptial agreement is a premarital contract, and theirs will be governed by the Uniform Premarital Agreement Act of section 61.079 of the Florida Statutes. Their prenuptial agreement likely spells out how much alimony Ms. Woods is entitled to receive, if any, the distribution of property and other assets, and any other miscellaneous arrangements that were contemplated by the parties at the time they made the agreement . The right of a child to support may not be adversely affected by a premarital agreement. Premarital agreements, like other contracts, usually hold up in court as long as they are legally executed and do not contain unconscionable clauses. To create a premarital agreement that is legally sufficient to protect your interests you should seek the assistance and expertise of a licensed Florida Family Law attorney.

As for the children, Sam and Charlie, Florida has no presumption of marital custody, meaning that the father and the mother have an equal chance of gaining time-sharing depending on what is in the child’s best interest. Florida rules governing child custody changed substantially in 2008. The terms custody, custodial parent, non-custodial parent, visitation, primary residential parent, and secondary resident parent were eliminated from the statute. The disposition of children after a marriage is now determined by parenting plans and time-sharing schedules. These arrangements are governed by Florida Statutes chapter 61.

In light of the alleged extramarital indiscretions by Tiger Woods it is likely that Ms. Woods may have strong arguments for her to be the parent with more timesharing with the children and be entitled to receive substantial child support. In order for her to be able to move the children to Sweden with her she will have to petition the court and show why it is in the childrens’ best interests. Tiger would be entitled to object to moving the children so far from the marital home. Find out more details about the prenuptial agreement at

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The strengthening Families Act of 2003 stated that thirty four percent of all American children live apart from their biological fathers. Forty percent of those children have not seen their fathers in over a year, and fifty percent of those children have never visited their father’s home. The US Census Bureau has reported that five out of six custodial parents are mothers, and that nearly forty percent of fathers have no access or visitation rights to their children.

Unfortunately, many parenting plans in Florida have restrictive visitation rules for the parent with less time-sharing, and do not promote shared parenting or the presence of a child’s father in his or her life after the divorce. Further, a national study revealed that nearly forty percent of custodial mothers admitted to interfering with the father’s visitation to punish him. About fifty percent of mothers reported that they saw no value in their child’s continued contact with the father. The result is the loss of a close relationship between the father and his child.

The fourth judicial circuit guidelines for time-sharing arrangements in the Jacksonville area are the model by which most time-sharing arrangements are designed. However, many times the parent with the most time-sharing takes matters into their own hands by not following the terms of the parenting plan and preventing the other parent from spending time with their child.

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Single Florida parents who have custody of their child or children and serve in the military face unique challenges when it comes time to deploy overseas. Sometimes doing your military duty can mean losing custody of your children. An organization exists called Father and Families which has worked hard to pass legislation in dozens of states that could protect military parents’ custody rights.

As an example, US Army Lieutenant Colonel Vanessa Benson temporarily turned over custody of her son to her ex-husband while she was on active duty in Afghanistan. She returned home to an email from her ex-husband stating that he was not going to return her son, as agreed. Benson spent $12,000 in legal bills to get her son back.

In Florida, HB 435 is a law that helps military parents like Ms. Benson, regain custody of their children. The law states that if a temporary child custody order is made as a result of a parent being deployed, the previous custody orders in effect before the deployment must be reinstated on the parent’s return.

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In Florida, parents of children are required to comply with Section 61.13001, Florida Statutes when dealing with a parental relocation with a child. The Florida legislature and Courts recognize that a relocation of a child can be quite traumatic and life changing for both the parent and the child. It is important for parents to comply with the terms of this statute whether the relocation is agreed upon or contested. Parents should always consider the best interest of the child in making decisions including but not limited to relocation. You can read about the details of this statute at the Official Site for Florida Statutes – Section 61.13001, Florida Statutes. Reading this statute and complying with its terms can be quite confusing and stressful for many parents. As such, it is advisable to retain the services of a Jacksonville, Florida Child Custody Attorney in order to make sure that the statute is being complied with and that the best interests of the child are being met.

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Santa.jpgFor children of divorce, all too often the holidays are not a time of happiness – they are filled with dread, turmoil and chaos. Divorced parents are forced to navigate a range of issues, but it is possible for parents to help reduce conflict and confusion to make the holidays enjoyable for everyone.

For divorced parents, it is important to keep in mind that everyone experiences stress around the holidays. For divorced families, sadness is also a common emotion around this time of year, as people naturally remember holidays gone by. Add to this the holiday letdown when the credit card bills and tight pants rear their ugly heads in January, and you have a real recipe for disappointment and sadness.

The single most telling factor in how smoothly the holidays will go for children is how well their parents have adjusted to their new lives and to their parenting plans. Having two family celebrations can be great fun for kids – if their parents handle it well. This includes having realistic expectations about how much time the child will spend with each parent, not trying to outdo each other with gifts, and not making the child decide where to spend the holidays – this will only make the child feel guilty.

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Plane.jpgSamad Nesser has tried every legal avenue to prevent his eleven year old son from being taken to France to stay with his mother and her new husband. According to Nesser, his ex-wife has allowed his son to be abused by the new husband, and suffers from sleeplessness and chest pains whenever he returns home from staying with them. Nesser is an American citizen, but his wife is not. The husband, a French citizen, used to live in Palm Beach, Florida, where he was the subject of a restraining order after allegedly breaking into his girlfriend’s home and hitting and pushing her and her elderly mother to the floor. Nesser claims that this same man locked his son in an attic and threatened to kill him.

Judge Daniel Merrit Jr. has refused to grant requests for a guardian ad litem for Nesser’s son. A guardian ad litem would spend time with the child to determine what that child wants and what is in his best interest. Merrit has also refused to let the child testify in court, and the records of the child’s counseling sessions have not been admitted due to what Nesser claims are stalling tactics on the part of his ex-wife’s attorney. At present, there is no way for Nesser to stop his ex-wife from taking their child back to France with her.

According to Florida law, when two parents have a child in Florida, they maintain their rights no matter where they might move later on. Those rights are recognized regardless of citizenship. If you are involved in a child custody battle, please contact our firm for legal assistance.

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NoSmoking.jpgVictoria Anderson, now aged 9, has lived with her paternal great grandmother, Marilyn Anderson, in Dayton, Ohio since she was an infant. She has gotten “parenting time” during those years with both her mother and father. Ms. Anderson objected to Ms. Hill smoking around the child during her visits, and the Warren County court ordered all parties to protect the child from second hand smoke. The Ohio 12th district court of appeals has upheld the ruling, using judicial notice to conclude that second-hand smoke is dangerous to children. Taking judicial notice was unusual in this case, because neither of the parties presented proof in court, rather the court recognized an “avalanche of authoritative scientific studies” that show second-hand smoke poses a health danger to children. This decision could now apply to many Ohio children involved in child-custody or visitation cases.

Cases like this pit a parent’s right to smoke against a child’s right to breathe fresh air. But courts have typically decided these types of cases in the best interest of the child, rather than focusing on who has the right to do what. According to non-smokers’ rights group, Action on Smoking and Health, eighteen states have ruled that smoking near a child is a factor that should be taken into consideration when deciding custody.

Find out more about what the courts have to say about smoking and other hazards at Court bans mom from smoking near child.

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Custody.jpgAlaska governor and 2008 vice-presidential candidate Sarah Palin was forced to admit during her campaign that her fifteen-year-old daughter, Bristol, was pregnant. At the time the young girl and her teenage boyfriend, Levi Johnston, said they planned to marry. But they broke off their engagement earlier this year.

Now Johnston is pursuing legal action to obtain joint custody of the couple’s 10-month-old son, Tripp. He alleges that the Palin family is making it difficult for him to see his son. Sarah Palin is reportedly upset with Johnston for his upcoming appearance in Playgirl magazine. The two have had a publically strained relationship for some time. The Palin family attorney has stated publically that, according to the Palins, Johnston is always welcome to visit his son. You can read much more of the back and forth between Sarah Palin and her former potential son-in-law at Levi Johnston to Sue for Joint Custody of Son Tripp.

For unmarried or divorced parents in Florida, this case brings up some issues related to joint custody in Florida. Many Florida parents are seeking either joint custody or 50/50 rotating custody. The courts in North Florida do not really prefer this type of custody arrangement because some courts believe that the arrangement just isn’t practical for the children once they start school unless the parents live within a few miles of one another and demonstrate that they can operate as a real team. If you need help with a custody issue, please contact our firm for legal counsel.

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Many clients need immediate help when they first start going through a divorce. The idea that a divorce can take many months to finalize is very upsetting for most people. But there are temporary motions that can be filed to address issues such as temporary child support, custody, possession and occupancy of the marital home and the like. Temporary orders are legally binding guidelines that both parties must follow until the divorce is finalized.

Some common items covered in a temporary divorce order include:

– An agreement not to use the other party’s credit or make a large purchase without advance written notice

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Military divorces are subject to certain laws that are not applicable to civilian divorces. As an example, those active in the military are entitled under federal legislation in some cases to delay a divorce or to take advantage of court-appointed counsel. Additionally, military pensions are subject to different rules than private retirement accounts or other types of pensions. Calculating alimony and child support is also affected by federal regulations, as is the location of the actual divorce proceedings.

As a Jacksonville, Florida law firm, Wood, Atter & Wolf, P.A., specializes in military divorces and is well prepared to deal with the unique issues that a military family has to deal with, such as child custody as a result of deployment as well as how to divide and calculate military pay and pension.

If you are an active service member who is considering divorce, please contact our firm for expert, compassionate legal counsel.

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