IF

By Rudyard Kipling

“If you can keep your head when all about you
Are losing theirs and blaming it on you,
If you can trust yourself when all men doubt you,
But make allowance for their doubting too;
If you can wait and not be tired of waiting,
Or being lied about, don’t deal in lies,
Or being hated, don’t give way to hating,
And yet don’t look too good, nor talk too wise:

If you can dream—and not make dream your master,
If you can think—and not make thoughts your aim,
If you can meet with Triumph and Disaster
And treat those two impostors just the same;
If you can bear to hear the truth you’ve spoken
Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
And stoop and build ’em up with worn-out tools:

If you can make one heap of all your winnings
And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
And never breathe a word about your loss;
If you can force your heart and nerve and sinew
To serve their turn long after they are gone,
And so hold on when there is nothing in you
Except the Will which says to them, ‘Hold on!’

If you can talk with crowds and hold your virtue,
Or walk with Kings—nor lose the common touch,
If neither foes nor loving friends can hurt you,
If all men count with you, but none too much,
If you can fill the unforgiving minute
With sixty seconds’ worth of distance run,
Yours is the Earth and everything that’s in it,
And—which is more—you’ll be a true human, my love!

(Note the last line was edited from 'you will be a man, my son.'

Harvard Conflict Resolution Program Agrees

Collaborative Divorce may be Best!

In an article published recently by The Program on Mediation of Harvard Law School's daily blog, researchers studied 369 divorcing couples in Belgium to see what worked best, comparing Litigation and Mediation. The results were measured for success as rated by the couples themselves.

"Participants who engaged in mediation reported that they reached higher quality agreements, as measured by how tailored, fair, comprehensive, and clear the agreement was."

What does this study reveal for divorcing couples in the USA?

 Many couples are unhappy with Litigation because they feel they never get to "tell their side" and the judge just talks to the lawyers and makes decisions without all the facts. Litigation is costly. At the end of the day, time is required and more time is always needed to show just one more piece of evidence.

In Mediation, many times couples feel pressured to finish everything at the end of a long day, but the results remain largely in the control of the parties. 

"Overall, the results suggest that couples would be wise to be aided by professionals who believe that reducing conflict and encouraging an open dialogue are more likely to promote a satisfactory divorce than a straightforward competitive approach would. Indeed, perhaps seeking the best of both worlds, some divorcing couples are turning to a process known as collaborative law, which combines a lawyer’s advocacy and legal know-how with the problem-solving orientation of mediation."

I like collaborative law for all the benefits of Mediation, along with the added benefit of time and consideration. People need time to review impacts of decisions and must be advised as to alternative courses available.

You can link to the article below. You can also call me, 407-645-3297.

"https://www.pon.harvard.edu/daily/mediation/mediation-negotiating-a-more-satisfactory-divorce/?utm_source=WhatCountsEmail&utm_medium=daily&utm_date=2019-10-21-13-30-00&mqsc=E4095613

Collaborative Divorce - a Comment

The collaborative process seeks to insulate and limit the role of the collaborative lawyers and retained experts in order to ensure that a party cannot attempt to use the collaborative process to gain tactical advantage. 

Collaborative lawyers and experts in a collaborative process necessarily learn a great deal about the parties and their goals and interests, as is intended to facilitate an agreed upon resolution of the dispute which is beneficial to all parties. It is because of this unusual access that separately and jointly retained experts have to the parties and to all information, that retained experts are precluded from testifying as fact or expert witnesses in any adversarial proceeding among any of the parties to the dispute. Likewise, retained experts work product and opinions are not discoverable in an adversarial proceeding. 

Consequently, a party should not engage any person as a retained expert that the party might wish to use as a testifying expert in an adversarial proceeding among the parties. If the parties want to introduce the findings of a retained expert in an adversarial proceeding, they may do so by stipulation. 

Why is a Collaborative Process Best for High Asset Divorces? Because the process itself promotes resolution rather than adversarial argument. Once the parties have ALL the Information, they are free to choose a resolution they desire, rather than being forced to fight every minor battle for some perceived advantage only to be encouraged to fight more for more advantage so they can fight for more. 

Probate Fees and Costs in Florida - Glad you asked!

Thanks to Veronica Baxter, a writer, blogger, and legal assistant working primarily for Philadelphia civil appeals lawyer Todd Mosser, Esq., for putting together this article. 

Attorney Fees for Probate in Florida

Prospective clients invariably ask, how much will probating a will cost? The answer is, it depends. This article will tell you the potential fees relative to the size of the estate and define ordinary and exceptional legal services.

Attorney’s fees are usually the largest expense in probate. The attorney for the personal representative of an estate is entitled to “reasonable compensation from estate assets.” The attorney is paid from the assets of the estate, not by any individual.  Although the attorney and the personal representative will sign an agreement regarding fees, the court can override that agreement if it deems that the fees are not “reasonable.”

Attorney Fees for Probate Must Be “Reasonable”

The issue of whether attorney fees are reasonable does not often arise in Florida because Florida code provides guidance on fees for “ordinary service” based upon the value of the estate:

1.    Estate valued $40K or less - fee $1,500

2.    Over $40K to 70K - fee $2,250

3.    Over $70K to $100K - fee $3K

4.    Over $100 to $1M - fee $3K 3% estate value over $100K

5.    Over $1M to $3M - fee $30K plus 2.5% estate value over $1M

6.    Over $3M to $5M - fee $50K plus 2% value over $3M

7.    Over $5M to $10M - fee $90K plus 1.5% value over $5M

8.    Over $10M - fee $165K plus 1% value over $10M.

But there are circumstances under which this statutory scheme produces unreasonable attorney fees.

Unreasonable Attorney Fees for Probate in Florida

Let’s say the Smith estate is comprised only of $10,000 in a bank account, and the Jones estate is comprised only of $1,000,000 in a bank account. The work involved in probating these two estates is comparable, but the Smith attorney would receive $1,500, and the Jones attorney would receive $30K. Is it reasonable for the Jones attorney to be compensated so much more than the Smith attorney under the statutory scheme?

Probably not. It is not mandatory that the statutory fee be paid, and under these circumstances, the personal representative and the attorney should discuss what fee is reasonable prior to signing a retainer agreement. Many estate attorneys use a flat-fee system based upon the work required to avoid any unfairness arising from the statutory scheme.

The Florida Statutory Scheme Applies to “Ordinary” Services

Ordinary legal services are typically included in the base probate fee and are services such as:

●     Review and analysis of testamentary documents;

●     Explanation and advice regarding testamentary documents;

●     Preparation of any court filings;

●     Arranging for the appointment of the client as personal representative (PR);

●     Preparation and service of the required notice upon interested persons;

●     Advising PR regarding obligations to the court, interested persons;

●     Advising PR regarding procedural requirements;

●     Advising PR regarding duty to locate, protect, insure, and otherwise manage assets of the estate;

●     Advising PR regarding the prudent investor rule;

●     Advising PR about duty to the estate’s creditors;

●     Advising PR about clearing title and tax liens;

●     Advising PR about ethical responsibilities such as avoiding self-dealing, conflicts of interest;

●     Advising PR of duty of impartiality and obligations to creditors and beneficiaries.

Attorney Fee for “Extraordinary” Services In Florida

What is “extraordinary service”? This varies case-to-case but might include any unanticipated work that arises such as:

●     Will contests;

●     Will construction;

●     Court proceedings for determination of beneficiaries;

●     Contested claims;

●     Elective share proceedings;

●     Apportionment of estate taxes;

●     Proceeding for the substitution or removal of a personal representative (PR);

●     Objection to accounting or other act of the PR;

●     Any other adversarial proceeding or litigation by or against the estate or the PR.

Fees for services such as providing tax advice, preparing tax returns for the estate, and selling any real property might also be considered extraordinary.

In January of 2018 a Florida court determined that the following were not “extraordinary services:”

●     an outside attorney locating 53 interested persons for the purpose of notice;

●     an outside attorney striking a late claim;

●     an outside attorney’s review of an income tax return that was already reviewed  by the personal representative and a CPA;

●     outside attorney’s paralegal performing administrative secretarial work such as preparing mailings, processing paperwork, scheduling conferences, and hearings.

The court held that “while parties have the right to employ as many lawyers as they choose, the Court will not assess lawyer fees for or against any party for more than one lawyer for a matter in which no more than one lawyer is required.”

Other Costs in Probate in Florida

Costs would include the cost of items such as court filing fees and publication fees, as well as the cost of actions such as accounting fees if needed.  These can vary widely depending upon the complexity of the estate.

Every probate matter will incur the filing fee for the filing of the Last Will and Testament and the Notice of Administration.

Is Probate Necessary in Florida?

Whether it is necessary to probate a will depends upon the value and complexity of the estate as well as the nature of the assets of the estate. If an estate has no real property and the only assets in the estate are exempt from creditors’ claims or don’t exceed the amount of final expenses, probate may not be necessary.  This is called disposition without administration.  In this case, you can avoid paying attorneys fees for probate.

Certain assets do not need to be probated under Florida law. For example, if the decedent owned a car, title to that car can transfer to heirs without being probated. If the decedent owned property as a joint tenant, the property passes to the other joint tenant automatically, such as when a married couple owns real property or a joint bank account. Assets for which the decedent designated a beneficiary such as a bank account, a retirement account, and life insurance proceeds pass automatically to the designated beneficiary.

Also, for “small estates” (those worth $75,000 or less) the probate process is streamlined pursuant to summary administration.

About the Author

Veronica Baxter is a writer, blogger, and legal assistant working primarily for Philadelphia civil appeals lawyer Todd Mosser, Esq.

Harvard Law Recommends Collaborative Principles

My boss likes the Harvard Law School Program on Negotiation. I do too.


Today there was a note on the daily blog about Integrative Negotiations: Dispute Resolution Through Joint Fact-Finding. https://www.pon.harvard.edu/daily/conflict-resolution/dispute-resolution-through-joint-fact-finding/?utm_source=WhatCountsEmail&utm_medium=daily&utm_date=2019-07-30-13-30-00&mqsc=E4074015


Wow.


That is a Harvard Law way to say, Collaborative Neutrals! Love Collaborative Law!


Make decisions for yourself rather than making the Judge decide.

The WHY and HOW of Conscious Uncoupling

Amazon CEO, Jeff Bezos’ net worth of $137 Billion led to the National Enquirer putting out pictures and notes about his affair. The Divorce proceedings were remarkably less “in the news.” In fact, the only public notice came when settlement was entered awarding his wife more than $37 Billion, and the couple wishing each other long and happy lives as they go their separate ways.  Actress and Goop Founder, Gwyneth Paltrow made “Conscious Uncoupling” an interesting addition to our lexicon, but then Ben Afleck and Jennifer Garner separated in a mutually admirable way and people ask how?

Divorcing partners are increasingly asking about Collaborative Divorce, even if they do not know that proper term. People say, “I don’t want to fight; we still want to be friends,” or “We both really want what’s best for the children.” So what is Collaborative Divorce? The International Academy of Collaborative Professionals says this: Collaborative Divorce is a voluntary dispute resolution process in which parties settle without resort to litigation.

Locally, the collaborative attorneys work through a process encouraging the parties to sign a collaborative participation agreement describing the nature and scope of the matter; to voluntarily disclose all relevant or material information necessary for decisions, and to agree to use good faith efforts to reach mutually acceptable solutions. Each party has a lawyer or “coach” whose representation terminates upon resort to any contested court proceeding, Litigation. The parties also engage professional Neutrals in areas of mental health and finances to administer the Collaborative process. The parties may jointly engage other experts as needed to help them explore all available options for a mutually agreeable uncoupling of their lives. By providing the support and guidance of many years of professional training and experience, Collaborative Professionals help the parties to complete their divorce without going to court to have a judge decide what is “right” for their family by encouraging  the  use of child and financial specialists all working together on a team.

·         After many years of “No Fault” Divorce, Collaboration began to allow people to negotiate a mutually acceptable resolution without having courts decide issues. Collaboration maintains open lines of communication and encourages information sharing. These allow the parties to create shared solutions acknowledging the highest priorities of all.

·          

·         Whether Collaborative Divorce is right for you will depend on many factors; however, seasoned professionals who have practiced for many years observing thousands of divorces are turning to  Collaboration in increasing numbers.

Uncoupling or ending any long-term relationship is a sensitive and personal matter. No single approach is right for everyone; however, there are alternatives and many couples find Collaborative Divorce to be a welcome alternative to the often destructive, and usually very expensive aspects of courtroom litigation.

How to decide?  If the following values are important to you, Collaborative Divorce is likely to be a workable option for you:

·         I want us to communicate with a tone of respect.

·         I want to prioritize the needs of our children.

·         My needs and those of my spouse/partner require equal consideration, and I will listen objectively.

·         I believe that working creatively and cooperatively resolves issues.

·         It is important to reach beyond today’s frustration and pain to plan for the future.

·         I can behave ethically toward my spouse/partner.

·         I choose to maintain control of the divorce/separation process with my spouse/partner, and not relegate it to the courts.

If this approach reflects your own thinking, I suggest you talk to a Collaboratively Trained Divorce Lawyer about your own situation. A Collaborative professional can help you decide if Conscious Uncoupling is the right alternative for you and your family.

Why Use a Written Engagement Letter? Here are good reasons

18 Key Elements in Financial Experts’ Engagement Letters & Written Reports

on: August 21, 2018In: No Comments

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Engagement letters and written reports from financial experts deserve special attention in family law cases. Including these 18 elements can help family lawyers to win their financial cases.

By Ken Stalcup and Craig Cwynar, Financial Experts

“The single biggest problem in communication is the illusion that it has taken place.” – George Bernard Shaw

Best case scenario: The financial expert prepares a bullet-proof, understandable, well-reasoned, impartial, and supported report.

Worst case scenario:  The financial expert produces a 452-page sleeping pill that cannot be explained to the average layperson in five minutes.

Whether the engagement is a forensic accounting project or a business valuation engagement, properly written communications will bend the arc away from those worst-case scenarios and more towards the best-case scenarios with the best possible outcomes for your client.

A Financial Expert’s Engagement Letter Should Address the Essential Elements of the Project

All financial experts should use written engagement letters. After discussing all the case elements until all parties are satisfied, the financial expert should draft an engagement letter.

The engagement letter should typically be addressed to the attorney. This may allow the attorney to cover the work product with attorney-client privilege in the early stages of the engagement. The engagement letter should identify all the parties involved, the significant elements of the work and the scope of the project. The letter should also disclose the professional standards to be followed and the fees charged by the expert.

Ideally, the engagement letter will address the essential elements of the project but will remain flexible enough to allow the financial expert to investigate new avenues of interest that may develop, particularly in a forensic accounting engagement.

Business Valuation Reports

If you are asking for a business valuation report or reviewing a report from the other side, a good business valuation report will include the following elements:

1. General information on the Valuation Assignment:  The general information will include the names of the individuals and business interests involved, the date of value and percentage interest being valued.  The report should also indicate the purpose of the valuation, the standard of value and premise of value used.
2. Information on the Subject Company:  A good valuation report will include extensive research on the company, its owners, its tax status, the entity type and the service or products sold.  A well-written report should also describe any buy/sell agreements and any restrictions on transfers of the equity interests. The appraiser will usually visit the site of the business and include pictures obtained from the visit.
3. Economic Outlook:  A business valuation report should contain an analysis of the national, regional and local economic trends at the date of value.  The information should be relevant to the understanding of the economic trends that affect the value of the subject company.
4. Financial Analysis of the Subject Company:  It’s typical to expect to see five years of financial data presented in a valuation report.  The financial data will typically include a balance sheet, an income statement, financial ratios and a comparison of the subject company’s data to industry averages.  The valuation expert should also disclose key findings in a written analysis of the financial information.
5. Valuation Approaches:  It’s important to consider and identify all the valuation approaches.  The valuation expert should identify #1) An asset approach, #2) A market approach, and #3) An income approach.  If a particular approach is not used, the valuation expert should explain why. It’s also important to consider discounts.  Generally, valuation experts will consider discounts for a lack of control and discounts for lack of marketability. Each discount should be explained and supported by empirical evidence.  The ultimate conclusion of value should be expressed as a specific number or a range of values.
6. Statement of Assumptions and Limiting Conditions:  This statement will typically contain numbered paragraphs that explain the approaches and conditions affecting the valuation process.
7. Exhibits:  The report should be supported by detailed exhibits referenced in the written report.
8. Appraiser Certifications:  This certification references standards and affirms that the report is true and correct.  The appraisers will certify they are unbiased and have no prospective interest in the property being valued.  The certification should be signed by the appraiser(s).
9. Appraiser Biographies:  The appraisers should provide a summary of their credentials and experience.  Look for one of the following credentials: ABV-Accredited in Business Valuation  ASA-Accredited Senior Appraiser or a CVA-Certified Valuation Analyst.

Forensic Accounting Reports

If you are asking for a forensic accounting report or reviewing a report from the other side, a good forensic accounting report will include the following elements:

1. Forensic Accountant’s Letter:  This letter will outline the nature and duration of the engagement and the professional standards followed. The report will typically indicate that the forensic expert was compensated on a flat, hourly rate that was not dependent on any finding or conclusion. The report should be signed by the forensic accountant.
2. Executive Summary:  This section of the report should summarize the entire report, the findings, and recommendations.
3. Background:  The report should identify the parties, the nature of the case, and the disputed facts.
4. Scope:  The scope, in terms of dates and data analyzed, should be disclosed.  For example, “We reviewed the cash disbursements between March 5th and October 9th 2017.  This includes all Bates stamped documents from A001 to A941.”
5. Procedures:  This section of the report will outline the nature of the tests or work performed.  A standard approach will identify the purpose of the procedure, the individual steps undertaken, and individual conclusions reached as a result of the work performed.
6. Conclusions or Findings:  While the forensic expert should not state a determination of guilt or innocence, the expert can state objective, overall findings, and conclusions about the work completed.
7. Recommendations:   The expert can make recommendations to the client as to future actions to be taken or avoided.
8. Exhibits:  The report should be supported by detailed exhibits referenced into the written report.
9. Forensic Accountant’s CV:  This document should summarize the credentials and experience of the forensic expert.  Look for the following credentials: CPA, a Certified Public Accountant, CFE-Certified Fraud Examiners, or CFF-Certified in Financial Forensics.

Engagement letters and written reports from financial experts deserve special attention in family law cases. An engagement letter will focus the financial expert’s efforts on the significant elements of the work, and a well-written report will help you win your financial case. While the written reports express the intent and opinion of the financial expert, the attorney should understand and carefully review each document to provide legal input from start to finish.

---

Ken Scalup, CPA, CFE, CFF, ABV,  is a Senior Director with Houlihan Valuation Advisors, a national firm of consultants providing business valuation and economic strategy services. Craig Cwynar is a valuation analyst with Houlihan Valuation Advisors.  www.houlihan-hva.com

Working Through a Collaborative Divorce? Get Creative!

For many couples, collaborative divorce is an attractive alternative to divorcing through litigation. With a collaborative divorce, the couple works together – each with their own individual lawyer – to draft the divorce settlement that best fits their needs. This means they can go outside the guidelines for property division, alimony, and parenting plans imposed by Florida law to create an arrangement that truly suits their unique needs and family dynamics. If you are considering a collaborative divorce for this reason, though, it is always in your best interest to discuss the law’s divorce guidelines with an experienced lawyer to understand why they exist and how you can avoid creating a divorce settlement that goes against your interests.

 

Tell your Spouse What you Really Want

 

Under Florida law, a divorcing couple’s marital assets are divided according to the doctrine of equitable distribution. This means they are not necessarily divided equally, but according to each partner’s personal needs.

 

With a collaborative divorce, you and your spouse decide how you want to divide your marital assets. If you really want a specific asset, like ownership of your vacation property, use this opportunity to voice your preference and what you are willing to “give up” in order to achieve your divorce goal. You can even come up with creative ways to split your assets, like sharing the vacation property with a timeshare-like agreement.

 

Create a Custom Parenting Plan for your Children

 

When the court develops a parenting plan, it follows the guidelines set in Florida law to develop the plan that best serves the child’s personal needs. Creating a plan that is in your child’s best interest is always something you should strive to do.

 

But when you are in charge of your parenting plan, rather than the court, you have more flexibility and control to create the plan that works best for your family. In many cases, this is easiest when you have help from a child custody evaluator. The parenting plan you develop might deviate a lot from the “typical” shared parenting plan like the child spending the bulk of his or her time with one parent and every other weekend with the other parent. Yours might involve split weeks or even a modern take on coparenting like a birdnesting arrangement. With a collaborative divorce, you craft the parenting plan that suits your family’s needs.

 

Find Ways to Create a Settlement that Makes you Both Happy

 

Maybe you would rather take a larger share of your marital savings than seek alimony. Or maybe you want to liquidate as much of your marital assets as possible and use the funds to start fresh on the next chapter of your life. These types of arrangement are possible with collaborative divorce. The only limit to your ideal, self-directed settlement is your spouse’s willingness to work cooperatively with you to reach it.

 

Work with an Experienced Winter Park Divorce Attorney

 

If you are considering a collaborative divorce, work with a Winter Park divorce lawyer who has extensive experience handling this type of divorce. Contact our team at Sperling Ducker PLC today to set up your initial legal consultation with a member of our team.

 

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

 

 

Relocation with your Child

When a client called today to discuss relocation, I thought I should ad a Relocation note to this blog.

 

 As you review, please realize there is no consideration for high assets or significant income inequality in consideration under these rules.

 

Relocation is covered by Florida Statute 61.13001. In the absence of an agreement between the parties, a court must answer the following questions in order to determine Relocation is in the Best Interests of the Child. (Best Interests of the Child is the standard, NOT best interests of the Adult)

the court shall evaluate all of the following:

(a) The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.

 

(b) The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.

 

(c) The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.

 

(d) The child’s preference, taking into consideration the age and maturity of the child.

 

(e) Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.

 

(f) The reasons each parent or other person is seeking or opposing the relocation.

 

(g) The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.

 

(h) That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.

 

(i) The career and other opportunities available to the objecting parent or other person if the relocation occurs.

 

(j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.

 

(k) Any other factor affecting the best interest of the child or as set forth in s. 61.13.

 Of course, (k) introduces a completely new set of factors for the court to consider in determining the Best Interests of the Child.

Section (3) of Florida Statutes 61.13 is as follows:
For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:

(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

 

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

 

(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

 

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

 

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

(f) The moral fitness of the parents.

 

(g) The mental and physical health of the parents.

 

(h) The home, school, and community record of the child.

 

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

 

(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.

 

(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

 

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

 

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

 

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

 

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

 

(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

 

(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

 

(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

 

(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.

 

(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

 

Again, the court is allowed to consider "ANY OTHER FACTOR THAT IS RELEVANT!"

 

It is imperative to have an attorney that understands these factors and how to present evidence on each one.

 

Call today: 407-645-3297 or visit Aubreylaw.com for a consultation on your particular case!