face%20on%20laptop.jpgA New York mother who was seeking permission to move to Florida with her children over the objections of her ex-husband has been granted that request by a Suffolk County Supreme Court Justice with a new twist: she must provide her ex-husband with Skype video conferencing technology that will allow him to speak to his children at least three times per week for one hour per visit.

The New York case – Baker vs. Baker – was reported in the New York Law Journal as being the first of its kind that sets a precedent that other judges may soon follow.

James and Debra Baker were divorced in 2008 after eight years of marriage. They have two children, a nine-year-old daughter and a six-year-old son. Debra Baker lived in the family home until she lost her job last December; the home is currently in foreclosure. She petitioned the court to be allowed to move to Venice Beach, Florida with the children and live with her parents until she could find a new job.

Adoption.jpgIf you are going through a Florida divorce and have children, one of the most important tasks that lie ahead of you and your spouse is to create a workable parenting agreement.

A parenting agreement is essentially a plan on how you and your soon-to-be ex will parent your children together. It covers decisions on custody, visitation, child support, education, religious training (if any) as well as how time is to be divided and shared between parents.

If you and your spouse have an amicable relationship, you can usually work together to create a parenting plan without the involvement of a mediator or other professional to assist you. If this is the case, then the plan you develop together should also be reviewed by your Florida divorce attorneyhttps://www.woodatter.com/lawyer-attorney-1163342.html prior to be made part of a court filing.

Engagement.jpgA recent feature story at CNN.com chronicled the growing trend among engaged couples in their 20s and 30s to participate in premarital counseling that they hope will make it less likely that they are victims of divorce like their parents.

States have gotten into the act, too. Six states – including Florida – have passed legislation in recent years encouraging couples to attend premarital counseling by offering reduced rates on marriage license fees for those that do.

Dr. Alan Hawkins, a family life professor at Brigham Young University, was quoted in the story as saying that marriage prep education appears to be increasing nationwide. He says that no-fault divorce laws, changing gender roles and female economic independence have created a greater need for couples to work on their relationship skills in order for modern marriages to succeed.

MoneyvLove.jpgA new North Carolina insurance company – SafeGuard Guaranty Corp. — has introduced what it is calling the world’s first divorce insurance product at wedlockdivorceinsurance.com.

Profiled in a recent New York Times blog, Safeguard says its divorce insurance is a form of casualty insurance that will cover the costs of divorce, including legal fees. The divorce insurance is sold in “units” of insurance protection, with each unit equaling $1,250 in initial coverage and costing $16 per month per unit.

To keep couples that are on the verge of divorce from buying divorce insurance to cover their expenses, the policy does not kick in for 48 months following the effective date. However, the company offers an “Accelerated Maturity Rider” that decreases the waiting period from 48 to 36 months. If you get a divorce before the maturity period ends, the premiums you have paid for the policy will be returned to you, minus any taxes paid by the insurer.

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Under Florida Law, incarceration alone is insufficient grounds for terminating parental rights. Although Florida Family Courts may terminate parental rights where the court finds that the parent has abandoned, abused or neglected the child, incarceration, as a matter of law, does not constitute abandonment. That is not to say that terminating parental rights of a parent who is incarcerated is impossible. The efforts, or lack thereof, of the incarcerated parent to communicate with and support his or her children are measure against the incarcerated parent’s limited opportunity to assume those duties while imprisoned.

Therefore, whether or not you can terminate the parental rights of a parent who is incarcerated is a case-by-case determination and will depend on the facts of your case. The parent’s relationship with the child before his or her incarceration may have some bearing on the court’s ruling as well.

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Pursuant to Florida Statute sec. 63.053: Rights and Responsibilities of an Unmarried Biological Father, “If an unmarried biological father fails to take the actions that are available to him to establish a relationship with his child, his parental interest may be entirely lost, or greatly diminished.” Thus, as an unmarried biological father of a child, you have no parental rights until you establish paternity of the child.

Under Florida Law, the interests of the state, biological mother, the child and possible adoptive parents outweigh the interest of an unmarried biological father who does not take timely action to establish paternity. If you do not file a claim of paternity before the date a petition for termination of parental rights is filed, you are barred from filing your paternity claim under Chapter 742.

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The recent changes to Florida’s alimony statute will apply to all initial awards of alimony entered after July 1, 2010 and modifications of such awards. These amendments cannot be the basis to modify awards or change the amount or duration alimony awards entered before July 1, 2010.

Below is a list of new factors the court will consider in determining the amount of the alimony award:

1. The responsibilities each party will have with regard to any minor children the parties have in common.
2. The tax treatment and consequences to both parties of any alimony award. This includes the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
3. All sources of income available to either party. This will include income derived from investments of any assets held by either party.

Presumptions – Term of Marriage:

1. A short-term marriage is marriage lasting less than 7 years.
2. A moderate-term marriage is marriage having a duration of greater than 7 years but less than 17 years in length.
3. A long-term marriage is a marriage lasting 17 years or longer.

The new law codifies all forms of alimony: bridge-the-gap, rehabilitative, durational and permanent. A court may combine the forms in one award.

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cross.jpgA recent article in the Washington Post on interfaith marriages said that the rate of interfaith marriages is climbing, but so too is the divorce rate for those marriages.

In 2006, 25 percent of U.S. households were mixed faith, according to the General Social Survey. But calculations based on another survey – the American Religious Identification Survey of 2001 – showed that people in mixed-religion marriages were three times more likely to be separated or divorced than couples that share the same religious faith.

Many experts believe that as society becomes more tolerant and institutional ties become less important, interfaith marriages flourish. However, once couples are married and children come along, questions about how to raise them loom larger and seem more important than when they were first married. Couples who were more tolerant of differences prior to marriage become less so after being married for awhile.

A 1993 paper published by University of Illinois at Chicago economics professor Evelyn Lehrer found that if members of a mainline Christian religion marry, they have a 20 percent chance of being divorced after five years. If a Christian and a Jew marry, their chances of being divorced within five years are more than double that – over 40 percent.

Lehrer said this is because religion is much more than going to church on Sunday (or temple on Saturday) – it informs many of the activities that couples do together as well as their ideas about money, friends and professional networks, and the differences between spouses begin to add up.

Unfortunately, what they often add up to is divorce.

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Divorce-broken%20heart.jpgThe Jacksonville Network for Strengthening Families, a city-run program that offered classes to families on preventing violence, marriage preparation and divorce prevention and that was eliminated last year when its federal grant money ran out, has been resurrected by FreshMinistries, a Jacksonville interfaith nonprofit group.

According to a story in the Florida Times-Union, independent research on the Jacksonville program showed it worked. FreshMinistries said it would continue to support the family outreach program until it can operate successfully on its own.

The Jacksonville Network for Strengthening Families started in 2005, and had served 5,000 Jacksonville area residents by 2009. Independent studies done on the program showed that it had improved family functioning and reduced recidivism for first-time juvenile offenders.

DivorceBattle-214x300.jpgIkos, one of Europe’s oldest hedge funds, is at the center of a nasty divorce battle between its husband-and-wife founders, who started the company with $10,000 in 1992 and built it into a $3.4 billion financial powerhouse.

Martin Coward and Elena Ambrosiadou recently split over his affair with a 23-year-old Brazilian woman. Coward, who holds a Ph.D in math, developed Ikos’ quant trading operation, where computers – not humans — choose trades. Greek native Ambrosiadou, formerly Britain’s highest paid female at $18 million annually, met Coward at Cambridge where she was a chemical engineering student. She went from there to BP, where she was the oil giant’s youngest international executive at age 27.

The high-stakes divorce turned particularly nasty when Ambrosiadou fired Coward’s team of researchers at Ikos, causing many investors to pull their funds in alarm and reducing Ikos’ fund to $1.35 billion. She also had police seize her husband’s jet while he was on vacation at a Greek island resort; he has since ordered his own $2 million jet and she has ordered her own nine-passenger private plane as well as a $120 million private yacht that she plans to use a few weeks a year.

Coward has left Ikos to start his own firm, leaving Ambrosiadou in control. She has attracted new investors to the fund, which now stands at $1.95 billion, according to her attorneys.

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