Visitation Issues

January 21, 2009

Child Relocation in Florida and How It Impacts Custody and Visitation

In Florida, moving with a minor child is more than just hiring a mover. Florida Statute 61.13001 gives you specific directions in dealing with this topic, but not following the statute can lead to many issues.

If you are moving 50 or more miles away and you plan on taking your child(ren), then the statute requires that you inform the other parent by Notice and let the court know of the change. The other parent has the right to object to your relocation after receiving notice. If you move before the relocation is entered with the court, then you can be forced to return to Florida, with the child. Failure to comply can lead the court to order you stay in Florida; change the primary residence of the child; or other otions available to the court. It is important to understand that Florida Statute 61.13001 is very precise and has a number of requirements, it is important to follow the statute precisely and would be beneficial to seek legal counsel.

January 19, 2009

Options for Teen Moms in Florida Family Law

By Wood, Atter & Wolf, P.A.

We hear about teen pregancies from Florida to California all of the time. Ranging from politicians to pop stars, the issue seems to be a constant in our lives. Sarah Palin’s daughter was 17 years old and pregnant, Jamie Lynn Spears was 16 and pregnant, and most likely your Florida teen knows someone in high school that’s pregnant. Taking the political nature of the question out, as in Pro Life or Pro Choice, what are the options one has?

I’m pretty certain that many of these young girls really don’t want to get married right now, but obviously that is an option. But, does it really solve the problem? In Florida we recognize that parents have the right to child support, so the old fashioned idea of pregnancy equals marriage is not really necessary. In fact, it statistically causes more problems later since the majority of marriages that end are due to the couples being too young when they got married.

Another answer is for a paternity test to be done and filed with the court in order to prove the child does have a father, and hold that father responsible for any child support obligations. In teen pregnancy the mother and father are sometimes in school, but the court can impute income for child support to be assessed. Also, the child does have the option of going on state funded medical insurance. However, this is a tough road altogether and it’s important to make certain you’re making the right choice.

January 14, 2009

Florida Gay Adoption Law Ruled Unconstitutional in Key West – What Does This Mean In Other Parts of Florida?

By Wood, Atter & Wolf, P.A.

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A Florida Circuit Court Judge has ruled that a 31 year old ban on gay adoptions is unconstitutional. The Judge allowed the adoption of a openly gay foster parent of a teenage boy that she had raised since 2001. The case was reported in the Miami Herald. The Judge noted that he made his decision on the best interest of the child rather than the law that was passed back in 1977.

The role of the attorney is to interpret laws and pursue cases on behalf of clients. While there is a ban on gay adoptions in the State of Florida, it appears that some Judges are willing to violate statutes in order to challenge the laws to determine if the Florida Supreme Court or the United States Supreme Court will ultimately rule on the issue to confirm the laws in place or in the alternative make new laws.

Section 63.042, Florida Statutes – Who May Be Adopted, Who May Adopt provides that no person is eligible to adopt if that person is a homosexual.

January 12, 2009

Florida Man Still Gets Child Support Bills After Death

By Wood, Atter & Wolf, P.A.

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Some people may think that child support ends with death. “Well, when I die, at least, I will not have to pay child support any longer.” Not so fast, the family of Scottie Pippen is still getting child support bills for him even thought he has been dead for 10 years. The story was reported in the South Florida Sun Sentinel.

The family attempted to clarify this matter many times over. Unfortunately, some child support office is chasing down a dead man when efforts could be made to better pursue living child support obligors in the State of Florida.

Child support is court ordered pursuant to a hearing or agreement of the parties. Typically, when the child graduates high school, marries, emancipates, or otherwise becomes self sufficient. The Court order of child support must be reviewed to determine the duration of the child support obligation in Florida.

January 7, 2009

It Sounded Like “Joint Custody, Why Isn’t It in Florida? – Explanation of Florida “Custody” Laws

By Wood, Atter & Wolf, P.A.

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For many years, the courts in Florida have embraced the idea that a child of divorced parents should enjoy the input and direction from both parents, not just the parent who has “custody.” So, under Chapter 61, Florida Statutes, the court will typically require that the divorcing parents have “…shared parental responsibility.” Sometimes this is loosely referred to as, “joint parental responsibility,” or at least what that’s what the parents “hear” when they hear “shared parental responsibility. But this does not mean “joint custody.” Joint custody is where each parent has “custody” of the child for roughly equal lengths of time. This is not usually favored by Florida courts, as it often becomes impractical, especially if the parents live too far apart, or even in different school districts, much less different cities. Also, as children grow, their circle of friends and social interests expand, which can be compromised by their going back and forth between parents like a ping-pong ball. So, “shared parental responsibility” or even “joint parental responsibility” is not the same thing as “joint custody.”
With “shared parental responsibility,” both parents keep full parental rights and full parental responsibilities. Section 61.046, Florida Statutes. This also means that the parents must consult and confer with each other on matters concerning the welfare and best interests of the child, especially on major decision. When it comes to medical care or education, these decisions should be made jointly, if possible, after the parents have consulted each other. However, sometimes a court will split these areas of responsibility between the parents. Section 61.13(2), Florida Statutes.

In a typical divorce case, the child’s “primary residence” is deemed to be with one parent, who is granted the “primary residential care” of the child. This parent is usually referred to as the “custodial parent.” Sections 61.046(3), 61.13(2)(b) 2.a., Fla. Statutes. Not surpisingly, the other parent is usually called the “noncustodial parent.” Section 61.046(10), Florida Statutes. But none of this labeling changes the basic fact that the parents usually share in the parental rights and responsibilities for the child.