Legal Blog

7 Factors Considered for School Choice in Family Court

Picture of child at schoolOne of the most difficult decisions to make following a divorce is where your child will continue to go to school. Because it can greatly impact their future, the argument over where your child will attend school may seem like the most bitter of the divorce.

Here are a few significant factors considered for school choice in family court:

  1. Wishes of the Parents

First and foremost, the wishes of each parent will be heard and considered. Then, the argument of each parent will be closely analyzed. Is one spouse disagreeing for the sake of disagreeing? Has any research been conducted by either parent? Is there evidence to support their recommendation? If one parent is lacking in this department, the choice could quickly swing toward the other parent’s school choice. read more

Education Wars: When Parents With Shared Parental Responsibility Disagree on Schooling in Florida

Picture of school children runningGoing through a divorce is already difficult. Then, if you share a child, you will need to navigate the child custody process through the Courts. When these issues have been decided and ordered by the Court, and you have been awarded shared parental responsibility, you will need to make some important and sometimes difficult decisions as co-parents, regarding your child.

Perhaps one of the most difficult of these decisions is determining where your child will go to school. If you are still working on redefining your role as co-parents, this could be one of the first major disagreements that occurs — which has the potential of putting your child directly in the middle of parental conflict, which is not in their best interest. read more

4 Tips for Co-Parenting Across State Lines

Picture of child hugging leaving parentFollowing a divorce, a former spouse may choose to move to another state, whether to be closer to family or to start a new life. Children are often directly involved in this move.

In most cases, when one parent moves out of state, a court will grant more timesharing to one parent — rather than offering equal timesharing. In rare situations, parents agree to alternate school years and summer vacations, but this can be a complex system.

When your child lives primarily in another state, it can be difficult to be an active and involved parent. It can be even more difficult to co-parent with your former spouse. read more

How to Modify Your Alimony Payments in Florida

Picture of alimony paymentIf you have been making the same alimony payment for years, there is a chance you are ready to move on with your life — and a chance your former spouse is ready, financially, for you to end spousal support.

But the modification or termination of alimony is a difficult process, particularly when you and your former spouse are not on good terms. To get started, follow these steps:

Understand the Different Types of Alimony

There are several different types of alimony. Some are designed to be short-term, giving one spouse time to finish an education, get a promotion, or start a new career. Others are more permanent. read more

5 Common Mistakes to Avoid During Child Custody Litigation

Picture of parent with daughterThere are few things more emotional and heart-wrenching than a child custody dispute. These arguments encompass schooling, parenting choices, schedules, criminal histories, and character flaws. The process is personal, heavy-hitting, and exhausting. Few walk away unscathed.

To help you navigate this process with relative ease, avoid these common child custody mistakes:

Getting Arrested Can Affect Child Custody and Timesharing

Perhaps the worst thing you can do during a difficult child custody battle is find yourself wrapped in handcuffs. Your spouse can — and will — use this low moment as a reason you should not have custody of your child. This is true even if the crime was not violent and you have no criminal history. read more

How Remarriage Can Impact Alimony in the State of Florida

Picture of two people holding handsThroughout divorce proceedings, alimony may be granted to either spouse.

There are several types of alimony awards. Some are granted to “bridge the gap” between spouses, ensuring both can be self-supporting following divorce. Others are intended to give one spouse financial support on a limited or permanent basis. Alimony may also be used to reimburse one spouse’s contributions throughout the marriage.

The most common type of alimony is called “periodic.” It consists of payments made from one spouse to another according to a set schedule. There are several factors that determine if, and how much, alimony will be granted, including: read more

3 Major Ways a DUI Can Impact Your Child Custody Case

Person in handcuffs

It’s difficult enough to go through a divorce, but there are few things more stressful than tackling a legal child custody battle. These proceedings are often the most taxing for both parents and children, as dedicated and passionate arguments about schooling, parenting, and character are brought to the forefront.

One issue that can make a child custody case more difficult is if one parent has a criminal history — and one of the most common challenges to overcome is a DUI.

Here are some of the ways a DUI can impact your child custody case: read more

Legal Considerations for Relocation of a Child’s Residence

Legal Considerations for Relocation of a Child’s Residence

There are many reasons people move—employment opportunities, the desire to be closer to a family member, marriage, divorce, remarriage, and even a desire to live in a different climate.

While most adults in the United States are free to relocate whenever and wherever they choose without the approval of a court or governmental agency, parents involved in child custody litigation may not be allowed to relocate with their minor children, without complying with the requirements set forth by the state of Florida. read more

What to Say to Children If You Decide to File for Divorce

What to Say to Children If You Decide to File for Divorce

One of the primary concerns most parents have, once they realize a divorce is inevitable, is how the end of the marriage will affect the children. As parents, we want to shield our children from pain and, of course, never want to be the source of a child’s suffering.

While it is not something you would choose, a divorce can provide an opportunity to teach children how to handle pain in the most effective manner. Telling your children about an impending divorce requires some forethought, an honest discussion with the other parent, and taking the time to answer any questions your children may have. Keep in mind that research indicates that the vast majority of parents have the “divorce” discussion in ten minutes or less. read more

How Social Media Affects the Divorce Process

How Social Media Affects the Divorce Process

Our modern-day lifestyles are almost inextricably tied to social media—Twitter, Facebook, LinkedIn, Instagram—and many of those who are considering divorce have at least one active social network account. Since most research has indicated that the quality of a marriage decreases as social media use increases, it really should come as no surprise that social media can also significantly impact the divorce process as well.

Even if you are in the very beginning stages of a divorce, it is extremely important that you avoid talking about your impending divorce on social media. This means not disparaging your partner on social media or using your Facebook page to “vent” about your relationship. read more