By Scott Weiss, Esq. | Published October 15, 2013 | Posted in Child Custody, Divorce, Parenting Plans, Relocation | Tagged Tags: parenting agreement, parenting plan, physical custod, shared custody, sharing custody | Leave a comment
Can Parents Effectively Share Custody When Living in Different States?
Parents can generally expect additional challenges when raising children from separate homes while sharing custody. The ages and unique personalities of the children come into play when a long distance separates their parents. While Florida courts typically discourage parents from sharing physical custody while living in different states, children can do well with a good Read More
Read MoreWaiver of Modification of Alimony For Supportive Relationship
Florida Statute 61.14(1)(b)1 allows for a modification of alimony if the obligee former spouse is in a supportive relationship. The statute provides in pertinent part that: The court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony Read More
Read MoreLife Insurance to Secure Alimony Obligation
Often when Courts award alimony they also order the payor former spouse to secure his or her alimony obligation with a life insurance policy. In fact Florida Statute 61.08(3) states in pertinent part: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony Read More
Read MoreWho’s Your Daddy? The Establishment of Paternity By Non-Biological Father
In the United States 40.8% of all births are to unwed mothers[1]. In the State of Florida, if the mother is not married at the time of the birth, the name of the father may not be entered on the birth certificate without the execution of an affidavit signed by both the mother and the Read More
Read MoreHow Can Divorcing Spouses Negotiate Fair Settlement Agreements?
In the heat of disagreements serious enough to send you to the divorce court, it may seem impossible to negotiate and agree to the issues that can affect your futures. On your own, you and your spouse probably cannot negotiate effectively. However, an experienced divorce attorney often recommends using mediation for divorcing couples in Boca Read More
Read MoreCourt Vacates Alimony Award Where Wife Did Not Seek Alimony in Pleadings
Recently the 3rd DCA in the case of McClain v. McClain, vacated an award of permanent alimony to the Wife where the trial court made the award even through the Wife never plead for alimony. The Wife, who was represented by counsel, filed an answer to the Husband’s Petition which did not seek alimony or Read More
Read MoreA Changing Of The Guard On The South Palm Beach County Bench
In the third week of January, the Family Law divisions in the South Palm Beach County Courthouse will be home to two new Judges and one new General Magistrate. As Immediate Past Co-Chair of the Family Law Committee and as a current Director of the South Palm Beach County Bar Association, I know I speak Read More
Read MoreCourt Cannot Waive the Statutory Requirement That the Parties Must Allege a Substantial Change in Circumstances to Obtain Any Future Modification of Time-Sharing
In the November 2012 the 2nd DCA remanded the case of case of Blackburn v. Blackburn, back to the trial court when the Final Judgment adopting the recommendations of the magistrate erroneously waived the statutory requirement that the parties allege a substantial change in circumstances to obtain any future modification of time-sharing. At the time of Read More
Read More
