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!

Should You Ask for a Paternity Test? Depends . . .

If you are not sure about your child’s parentage, yes. There are legal reasons why a parent would have his or her child’s paternity determined as well as personal and medical reasons. Even if you are not looking to establish parental rights to a child, having a paternity test performed can help you determine his or her genetic health risks and give you peace of mind.

 A Biological Father is Not Always a Legal Father

 When a child is born to a married woman, her husband is automatically the child’s legal father regardless of whether he is the child’s biological father. If the mother is not married, the child’s biological father is not automatically put on the child’s birth certificate and granted parental rights. In order to be the child’s legal father, he must sign a voluntary acknowledgment of paternity at the time of the child’s birth or later in the child’s life.

 If the child’s mother and the alleged father do not agree that the man in question is the child’s biological father, one can file a paternity action to have the child’s paternity established by the court or the Florida Department of Revenue Child Support Services. Genetic testing is used to determine the child’s parentage.

 Determining a Child’s Parentage can be Part of Establishing Parental Rights to Him or Her

 In family law, the most common reason why an individual would seek a paternity test is to establish parental rights to a child. Having parental rights grants an individual the following:

●       The right to seek custody or parenting time with the child;      

●       The right to seek child support for the child;   
●       The right to cover the child with your health insurance and other benefits, like veteran benefits and Social Security; and                    
●       The child’s right inherit to your assets following your death if you do not have a will. 

Filing a Paternity Action in Florida

 A child’s mother, the child’s alleged father, a legal representative of the child, or the Florida Department of Revenue can file a paternity action to have a child’s parentage established.

When a party seeks to establish paternity through a court order, the court may order a genetic paternity test and require one or both of the parents to pay for it. In contrast, a genetic test ordered as part of an Administrative Order of Paternity through the Department of Revenue is free. In both scenarios, the final judgment establishes whether the alleged father is the child’s legal father. This does not automatically grant him child support or time with the child, but it does grant him the right to seek these things.

 Work with an Experienced Winter Park Family Lawyer

 Navigating issues of paternity, parental rights, and child custody can be tricky. If you find yourself entangled in these issues, an experienced Winter Park family lawyer can guide you to a productive solution. To get started with our firm, contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to schedule your initial consultation in our office.

 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/Sections/0742.10.html

http://floridarevenue.com/childsupport/Pages/paternity.aspx#fifth

 

Collaborative Divorce for Unconventional Circumstances

Every marriage is unique. Logically, this means that every divorce is unique, even though they generally involve the same issues to settle, such as how the couple’s property is divided and how the couple with handle co-parenting after the divorce. There is no one-size-fits-all divorce method, and when couples try to force their divorces to fit specific molds, they often come away feeling frustrated and unsatisfied with their divorce settlement terms.

Collaborative divorce puts couples in the drivers’ seats of their divorces, rather than leaving the rulings that they will have to live with up to the court. Collaborative divorce is an especially attractive option for couples with unconventional circumstances and needs, such as business owners and those willing to try modern co-parenting arrangements like birdnesting.

You Know What is Best for your Children. Develop the Ideal Co-Parenting Plan for Them
There are many different ways to handle co-parenting after a divorce. When the court makes a co-parenting determination, it does so with the child’s best interest in mind. You might determine that your child’s best interests are served by a birdnesting agreement or another alternative timesharing arrangement. If you and your spouse agree to an unconventional parenting plan like incorporating boarding school or time with extended family, work together to include this in your collaborative divorce settlement.

Some Couples Live Together After their Divorces
For some couples, the idea of living with a former spouse is laughable. For others, it is necessary and even attractive. If you are considering remaining in the same household after your divorce, even if you are in different units of a multi-family property, it is important to take this into consideration when developing the terms of your divorce settlement. Remaining in close quarters after your divorce can make it easy to deviate from your property division settlement, so it is important that you are clear and in total agreement about this settlement before starting live as a cohabitating divorced couple.

Splitting Up or Reorganizing your Business is Easier when you are In Control
If you and your spouse owned a business together, valuing the business so it can be equitably divided between you is an important part of the divorce process. But what if you both want to continue operating the business? In a case like this, your interests will still have to be divided and you will continue the business operation as partners.
Even if you do not want to continue operating the business together, you will need to find a fair way to divide it. Whether one of you plans to continue operating it will determine how you divide it and its assets.

Work with an Experienced Winter Park Divorce Attorney
Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to set up your initial consultation with an experienced Winter Park divorce attorney. During your consultation, you can discuss your specific divorce goals and needs with Mr. Ducker to determine an appropriate plan for ending your marriage. Never assume that your ideal divorce is unattainable – it, or something close to it, could be very doable through collaborative divorce.
Resources:
nypost.com/2016/04/28/is-birdnesting-the-stupidest-or-smartest-divorce-trend-yet/
thebalance.com/business-valuation-methods-2948478

I Am a Grandparent. What are my Rights to my Grandchildren?

As a grandparent, you probably cherish the relationships you have with your grandchildren. When an issue like your child’s divorce, death, or court involvement with your grandchildren’s lives threatens to sever this bond, it is important that you understand your rights as a grandparent and how to legally exercise them. Many people do not realize that grandparents do have rights to their grandchildren, such as the right to visitation with them and the right to adopt them in the event their parents’ rights are terminated. These rights also apply to great-grandparents.

 

Your Visitation Rights Depend on your Grandchildren’s Circumstances

 

Currently, a grandparent can petition for visitation with his or her grandchild if the following circumstances apply:

●       Both of the child’s parents are missing, deceased, or in a vegetative state; or    

●       One of the child’s parents is missing, deceased, or in a vegetative state and the child’s other parent has been convicted of a felony or a violent offense that poses a threat to the child’s safety or well being.             

 

If neither of the above circumstances apply, you cannot petition for visitation rights with your grandchild. If one of the above circumstances applies, you do not automatically have visitation or custody of your grandchild. You must first attend a hearing to determine whether the child’s parent or parents are unfit. If this is determined, a second hearing is scheduled to determine whether visitation is in the child’s best interest. Numerous factors are considered when making this determination, including whether visitation between the child and his or her grandparent would harm the child’s relationship with his or her parents.

 

Advocating for yourself and your Rights

 

Your lawyer can help you initially determine if you have grounds to petition for visitation rights with your grandchild and if you do choose to file one, he or she can help you demonstrate to the court why such an arrangement is in your grandchild’s best interest. Your strategy may involve showing the court how a disruption to your current relationship with your grandchild would cause him or her to suffer emotional or physical harm, that you are in good health and that you are physically capable of caring for a child, the relationship you currently have with your grandchild and its support by your grandchild’s parent, and/or whether you had an established relationship with your grandchild prior to filing a petition for visitation rights to him or her.

 

Work with an Experienced Winter Park Grandparents’ Rights Lawyer

 

As a grandparent in Florida, you have certain rights to your grandchildren. If you feel you are being unfairly shut out of your grandchildren’s lives, consider taking legal action to assert your rights to visitation with them. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to set up your initial consultation with an experienced Florida grandparents’ rights lawyer. During your consultation, we will examine the unique circumstances you are facing and help you determine the right legal strategy for asserting your rights.

 

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0039/Sections/0039.509.html

 

 

 

Parental Alienation Syndrome -Seminar Sunday- Real Enough for Canada

Every week or so I get an email from the Parental Alienation Awareness Organization, PAAO, with resources for families experiencing Alienation by one parent. Sometimes the information includes very helpful links to outlines ( http://www.paawareness.org/video/BrianLudmer-Short%20.pdf, )seminars (https://www3.gotomeeting.com/register/484691638) , etc.

Sunday August 25, PAAO is hosting an online webinar regarding Parental Alienation entitled: Organize Your Own Court Case.
The Seminar link is https://www3.gotomeeting.com/register/484691638.

I recommend NOT attempting your own litigation in a complex divorce case involving Parental Alienation. The risks are just too high.
Child Custody, or Timesharing as we refer to it in Florida is a critical component of your child's development.
Timesharing also impacts Child Support. It never fails in a Modification Case seeking additional timesharing that the party against whom the pleadings are filed believes the
Many people don't consider the implications on Child Support when they work out their Parenting Plan.
If you have Questions, Call Me! 407-645-3297 or visit my website at www.aubreylaw.com

Why Collaborative Divorce?

There are MANY reasons to choose a Collaborative Divorce, Costs, Timeliness, Process, Control, CHILDREN.

The Costs associated with asking a Judge to decide major issues in a divorce case can range from hundreds to tens of thousands of dollars. Most attorneys know what the judge is likely to decide given the limited facts the judge will ultimately hear. So why should you give aways your children's college fund in order to risk the judge seeing things your former spouse's way? You should not.

Timliness is how long it will take to have the Judge make a decision. Just getting on the calendar for a hearing may take several weeks to several months. At hearing, if your attorney runs short of time, either because he did not prepare or because the other side managed to distract and stall the presentation of evidence for your case, you may have to wait several more weeks or months to finally have the Judge hear all the evidence allowing a ruling. That ruling may be subject to appeal, or the Judge may take some time to reduce an oral ruling to writing, delaying a few more weeks, or in the case of appeal, several more months.

In a Collaborative Case, time is determined by your attorney's scheduling with the other team members who are all working to Resolve the situation, not to delay decisions! This Collaborative Process puts YOU in Control of the Decisions. Having a Communications Coach, and your legal advisor, helping You Make the Decisions saves time, and ultimately results in a Much less Stressful process for your family. Ultimately, Collaborative Divorce results in Less Drama for children as Parents can learn to work together even though they are no longer married and living together. The reduction in stress in the household, along with new communications styles and mediums may have a lasting effect on your family, and especially your Children. Call me 407-645-3297 or visit my website at www.aubreylaw.com

Still not convinced, according to Lauren Hansen, there are at least 9 more to consider when Children are involved:

9 negative effects divorce reportedly has on children

The Week – Thu, Mar 28, 2013

http://news.yahoo.com/9-negative-effects-divorce-reportedly-children-220900169.html

Just in case you missed it - Divorce brings on a world of issues for children.

We like to think children are resilient and can adapt easily, but in reality, childhood trauma manifests itself for YEARS to come in their lives.
Make the Decisions Now so in the future, your children will Thank you.

I didn't mean to Scare you!

"Congratulations, you are officially Divorced!" I said to my client.

"Thank you, you are Awesome," she said. (Really, that is what she said!)

"I am so glad we were able to get this done so quickly," I replied.

"Well after you scared me that first day, I did not have any unrealistic expectations and we could just get it done."

I really did not mean to Scare my client. I have always prided myself on being direct and honest with clients so they know what to expect from the Divorce Process and from the court system. I really don't want to scare anyone. Sometimes, clients come in my door having talked to not only other lawyers, but to friends and family who "know what to expect" and know "all the tricks in the book." Unfortunately, what is heard from your friend about their divorce may be colored and biased by their experience. They may feel the need to project unusual success or even put upon martyrdom. All the stories may in fact NOT be completely true.

Common myths include:

"My divorce only cost $250."

"I didn't have to pay a penny in alimony/child support."

"My wife/husband got the kids, the house, and all my money."

"My husband/wife tried to get the kids just to force me to settle for less."

"I never get to see my kid's, their father/mother keeps them from me."

"My divorce cost us more than $100,000."

"Our attorneys were the only ones happy after our Final Judgment."

When your friends tell you these things, you really have to ask more questions and compare their life experience and marriage to your own before setting up your expectations.

Divorce filings cost $408.00 in all Florida courts. What your attorney charges is determined by many factors including time, experience, complexity, and most importantly, who is on the other side of the litigation.

Whether you have to pay Alimony or Child Support is entirely driven by the family situation inlcuding many different factors: length of marriage; number of children; earning ability of each party; lifestyle, and most importantly, what you are willing to accept or pay, just to name a few.

Negotiation over child custody, what we now refer to as "Timesharing," is remarkably direct. Who is best able to care for and keep the children? Who has done so consistently in the past? When one parent wants to "claim the children" as a negotiation ploy, it is imperative that the court be fully informed. A Guardian Ad Litem or GAL is essential to fully inform the court and make sure the children are represented both at the bargaining table of Mediation or in court. Parents who would use the children as pawns in a game, are not good parents, and GAL's are adept as seeing through people's behaviors to their motivations and goals.

If your divorce costs too much money, ask yourself who is causing the excess expenses? Even the most complex divorce can be handled in a reasonable amount of time and for a reasonable fee by seeking out attorneys who do not set up unreasonable expectations which must then be met or attempted. Collaborative Divorce is a great idea for those with very complex situations as it brings all decision makers to the table routinely, rather than filing, and waiting, and responding and waiting, and hearing, and waiting, etc.

If you have questions regarding Divorce, Child Support, Collaborative Divorce, Alimony, Spousal Support, Custody, Timesharing or any other Family Law matter, please visit my website at www.aubreylaw.com or call me at 407-645-5264. I will be happy to review your situation with you and most of all, I will try not to "scare" you! Aubrey

International Travel with Children

Who wants to go to France? How about South Africa? Dubai? The Bahamas? Are you Divorced? Sharing time with your child?

Consider: A client living in Orlando, wants to take her three young children to the Bahama's for the weekend. Its her visitation weekend, does she have to tell their Father? Does she have to get consent or permission? Can he say NO!

International travel with children can be a Problem if both Parents do not consent or approve the travel.

Really, how many parents would abduct their children and take them to a foreign country? Even one is too many.

The Children's Passport Issuance Alert Program, CPIAP, is very helpful.

As the New York Times reported, many countries require notarized written permission of the other parent when traveling alone with a child.

The Department of State, http://travel.state.gov/ has great information for keeping your child safe.

www.myfamilytravels.com is also a great site for information helpful to traveling families.

Divroce and Child Custody (Timesharing in the 2010 era)

When a couple divorces, their children often feel the pain.

Parents may be relieved, but the children can experience greater loss than the parent may appreciate. Justifications, such as, "they will be better off not having all the fighting in the house" seldom compensate for the loss of the other parent in the home.

For Teens, the loss includes supervision and observation, for younger children, feelings of security and comfort.

Of course there are exceptions. When the marriage and home life has been marked by domestic violence, fighting, inconsistencies, disparate treatments, etc. the children may be as relieved as the parents that the decision to separate has Finally been made.

In Florida we no longer discuss "Custody" or "Primary Residential Responsiblity" with regard to who will most parent the children. Now we use the term Timesharing. The parent with the Majority of the timesharing is not the Custodial Parent. That is the person with the child physically at any given time. What a confusing world.

Lets make it as easy as possible: Both parents Share Parental Responsibility. When the child is with dad, dad is the custodian. When the child is with mom, she is the custodian. The Timeshare each parent has is related to what portion of each week the child spends with that parent. Alternating Weekends is still the "fallback" minimum visitation Timeshare used most often by the courts.

When you have questions, call an attorney who understands these concepts. Selecting an attorney who is familiar with the recent changes to the Florida Statutes will help you ensure your rights are honored and decisions respected. Call me at 407-645-3297 or visit my website at www.aubreylaw.com

I am ready to assist you.

WOW - February is gone and March is Here!!!

Where did the Month go??? Two posts this year? Not enough! Not Nearly Enough!!

I am reading three books:

Words to Lead By, by Skip Moen

Life Safari, by John P. Strelecky

and Dan Brown's The Lost Symbol.

I recommend Strelecky's book as an intro to Africa. I want to go!

Unfortunately, I have five other books on my desk I need to finish before finding another to start.

Oh and I almost forgot, His Excellency George Washington, by Joseph J. Ellis. Really enjoying this one - great history never taught. My favorite quote of a letter from George Washington to his friend, whom he had just hired to manage his estate:

"As you are now receiving my Money, your time is not your own; and that every day or hour misapplied, is a loss to me, do not therefore under a belief that, as a friendship has long subsisted between us, many things may be overlooked in you . . . I shall consider you in no other light than as a Man who has engaged his time and Service to conduct and manage my Interest . . . and shall seek redress if you do not, just as soon from you as an entire stranger."

Talk about direct!!! I can think of a few people to whom I whould like George Washington to have directed his ire.

When hiring an attorney, you are buying time and talents. "An attorneys time and experience are his stock in trade." The hiring of an attorney is not to be taken lightly.