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Divorce, Custody, & Family Law FAQ
Blog
2023
May
Understanding the Financial Aspects of a Florida Divorce
Creating an Inventory of Marital Assets
April
Domestic Battery vs. Domestic Abuse: Is There a Legal Difference?
Is My Inheritance Safe in a Divorce?
March
The Challenges of Spousal Support in a High Net Worth Divorce
February
What Will Happen to My Expensive Collections in a Divorce?
Alimony Rulings: What If I Make More Money Than My Husband?
January
Making a Parenting Plan for the Holiday Season Now
How Can I Protect My High Net Worth in a Divorce?
2022
December
Reasons Your Child Support May Be Too High
Health Issues and Child Custody: What You Should Know
November
What Are My Rights as an Unwed Father?
The 4 Different Kinds of Spousal Support in Florida
October
Third-Party Child Custody in Florida
I Make a Regular Salary. Should I Get a Prenuptial Agreement?
September
4 Ways a Domestic Abuse Claim Can Change a Divorce
The Challenges of Alimony for Men
August
3 Common Options in an Uncontested Divorce
Creating a Parenting Plan in Florida
June
Different Kinds of Spousal Support in Florida
Can My Spouse Get My Separate Property in a Divorce?
May
Can I Change My Child Support Payments?
April
Managing Parenting After a Long-Distance Move
March
What Is the Uncontested Divorce Process in Florida?
What Should a Parenting Plan Include?
February
What If I Can’t Pay My Child Support?
How Custody Decisions Are Made in Florida
January
Who Needs a Prenup?
The Benefits of Establishing Paternity
2021
December
Can Domestic Violence Affect Child Custody?
Will Divorce Ruin My Child?
November
When Does Child Support End in Florida?
How Long Does a Domestic Violence Restraining Order Last in FL?
October
What Is Considered "Income" for Child Support Calculations?
Enforcing a Restraining Order in Florida
September
Your Prenuptial Agreement Could Be Invalidated
Will a Joint Custody Agreement Impact Child Support Payments?
August
Will My Retirement Plan Be Divided as Part of My Divorce?
Important Deadlines Affecting Your Divorce Case
July
They Refuse to Pay Child Support. Can I Refuse to Let Them See Our Child?
Frequently Asked Questions about Child Custody
June
The Best Co-Parenting Apps for Divorced Parents
How Does Adultery Impact a Florida Divorce Case?
May
Florida’s Attempt to Reform an Alimony Bill
How Do You Prove a Domestic Violence Case?
April
What Are Dirty Divorce Tactics?
What To Do When Your Spouse Does Not Want to Get Divorced
March
How to Divide Equity in a House After a Divorce
Divorce Self-Care Tips | Law Office of Russell S. Hershkowitz, L.L.C.
February
What Should Be Included in a Parenting Plan?
Can a Judge Invalidate a Prenuptial Agreement in Florida?
January
What Happens to Your Health Insurance Plan After a Divorce?
2020
December
Divorce Checklist: How to Prepare for Your Divorce
How to Keep Child Custody Exchanges Civil
November
FAQs About Domestic Violence
Who Gets the Pet in a Florida Divorce?
October
Prenuptial Agreement Checklist
September
Considerations Parents Face in Summer Divorces
Figuring Out How to Schedule Vacations as Co-Parents
August
Examples of Time-Sharing Schedules in FL
Can Grandparents Obtain Visitation Time in FL?
July
How to Talk to Your Fiancé About a Prenuptial Agreement
What Can I Do to Enforce Child Support?
June
Co-Parenting Tips for the Summer Season
Is It Possible to Oppose a Divorce?
May
Can Infidelity Impact My Divorce Settlement?
Working with Your Ex to Create Consistent Household Rules for the Kids
April
Common Challenges in High-Asset Divorces
March
Modifying Alimony Payments
The Difference Between Assets & Liabilities in a Divorce
How Can I Modify Child Custody?
February
What You Should Know About Post-Divorce Modifications
What Happens if My Children Refuse Visitation?
January
Divorce Mistakes You Should Avoid
Tips for Becoming a More Effective Co-Parent
2019
December
4 Benefits of Creating a Prenuptial Agreement
How Can a Relocation Affect Child Custody?
November
How Is Debt Divided in Divorce?
Child Custody & How to Divide Time During the Holidays
October
Florida Alimony Reform: Is Permanent Alimony Fair?
Domestic Violence Awareness Month: How You Can Stay Safe
September
Establishing Paternity with an Uncooperative Biological Father
5 Ways to Make the Most Out of Visitation Time with Your Child
August
Can You Press Domestic Assault Charges on Someone You Are Dating?
Joint Custody and School Districts – Where Will Your Child Go to School?
July
How Is Child Custody Affected if You Need to Move Out of State?
June
Different Enforcement Methods for Family Law Orders
May
When Does Alimony End in Florida?
Divorce: Can I Move Out Without the Kids?
April
Protective Factors for Supporting and Strengthening Families During Stressful Life Events
Lips Sealed with a Kiss: The Confidential Marital Communications Privilege
March
Domestic Violence & Divorce in Florida
My Wedding Is Cancelled: Who Keeps the Ring?
February
Does My High Net Worth Affect my Divorce?
How to Create a Parenting Plan for Divorce
January
Are There Family Law Consequences for Refusing to Vaccinate my Child?
Possible Legislative Reforms to Florida Timesharing Law
2018
December
Tips for Achieving Financial Independence After a Divorce
Who Gets the House After a Divorce?
November
How to Identify Marital Assets
October
How Are Veterans Benefits Affected by Divorce?
The Uniform Child Custody Jurisdiction and Enforcement Act
September
Divorce and Childhood Obesity
Who Gets Child Custody Pending a Divorce?
August
Can I Get My Marriage Annulled?
Why Staying Together for the Kids is a Problem?
July
Why Is It Necessary to Establish Paternity?
June
How Long Do I Have to Pay Alimony?
What to Do If Your Ex Violates Your Custody Agreement
April
Why Your Prenuptial Agreement May Not Be Valid
Documents You Must Have Ready For Your Divorce
March
7 Common Mistakes to Avoid in a Child Custody Battle
February
Understanding the Difference Between Physical and Legal Custody
January
What You Need to Know About Relocating After Divorce
The Benefits of an Uncontested Divorce
2017
October
Divorce Do’s and Don'ts
The Impact of Domestic Violence on Divorce
September
What is a Parenting Plan Modification?
Can I Still Use Social Media During My Divorce?
How to Make Your Divorce as Simple as Possible
How to Get a Divorce in Florida
August
Pros and Cons of a Prenuptial Agreement
Top 5 Child Custody Questions
Questions to Consider Before Hiring a Child Custody Attorney
June
Discovering Hidden Assets During Divorce
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Child Custody
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Recent Posts in Child Custody Category
31
Jan
2023
Making a Parenting Plan for the Holiday Season Now
Now that we’re deeper into the new year, we can all breathe a sigh of relief. Although joyous, the holiday season still brings its share of craziness and stress. This can be especially true if you’re co-parenting. Too many unmarried parents try to “wing it” through the season. If you did that last year, you know how exhausting that way can be. As with almost everything in life, preparation is the ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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8
Dec
2022
Health Issues and Child Custody: What You Should Know
Any aspect of life could influence a child custody decision. Courts always attempt to make these rulings in the child’s best interests. Therefore, they will scrutinize the lives of both you and your child. They will take everything into account from the condition of your home, the distance between you and the child’s school, your job schedule, and so on. Health concerns are a big part of any ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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28
Oct
2022
Third-Party Child Custody in Florida
Unfortunately, not everyone is equipped to raise children. Even with the best of intentions, some people simply don’t have the necessary skills or means to care for their kids. For instance, they may suffer an injury or another health problem that incapacitates them. Whatever the case, it is sometimes necessary for non-parents to take custody of children. This can apply to a child’s relatives or ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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15
Aug
2022
Creating a Parenting Plan in Florida
When making child custody decisions, there is a lot to consider. There is much more to negotiate than simply where the child will live. Luckily, if you live in Florida, the state uses a highly detailed parenting plan . It covers many factors of co-parenting, leaving almost nothing out. Here are just some of the items you will find in Florida’s parenting plan. Visiting and Joint Custody Schedule ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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15
Apr
2022
Managing Parenting After a Long-Distance Move
Life can take you in many unexpected directions. No matter how badly you want to stay rooted, circumstances may force you to move. This relocation complicates matters when you share custody of your children, especially when the move is long-distance. Such a move raises legitimate, important questions about parenting. How much authority will the long-distance parent retain? How will you handle ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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16
Mar
2022
What Should a Parenting Plan Include?
Creating a parenting plan is a key part of your divorce process when you have minor children. When you and your spouse determine what to include in this plan, each item must support your child’s well-being and meet their needs. This is crucial for a family law judge to approve it. Child custody and visitation schedule are central to your parenting plan, but you and your spouse need to reach an ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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9
Feb
2022
How Custody Decisions Are Made in Florida
When a couple has a baby, they share custody of the child while they are still together. However, if they decide to separate, the courts may need to step in to help determine how much time each parent will have with the child and where the child will live. The state of Florida usually prefers to keep children in contact with both parents whenever possible, although one parent is usually given the ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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12
Jan
2022
The Benefits of Establishing Paternity
When a married couple has a child, it is assumed they are the biological parents of that child. However, the same is not the case for unmarried couples. Establishing paternity can name a child’s biological father as their legal father. It also gives the father certain rights, like visitation. However, it also gives them responsibilities, such as making child support payments. What are the benefits ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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13
Dec
2021
Can Domestic Violence Affect Child Custody?
When determining child custody , courts consider a lot of factors, including any instances of domestic violence. Acting in the best interest of the child is everyone’s number-one priority, which is why courts take instances, even allegations, of domestic violence very seriously. If the domestic violence occurred after the child custody orders were issued, a parent can file to have the orders ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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15
Sep
2021
Will a Joint Custody Agreement Impact Child Support Payments?
Many people are currently raising their children in a joint custody agreement, meaning they share custody responsibilities with the other parent whom they are not in a spousal relationship with. Joint custody is one of the most used legal avenues for ensuring both proper care for the child and adequate time spent with both parents. In joint custody, both parents share all responsibilities and time ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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13
Jul
2021
Frequently Asked Questions about Child Custody
Child custody is often one of the most contentious issues spouses fight over during their divorce. Of course, child custody matters can arise outside of the context of divorce and be just as divisive. What this says is that parents are often very unwilling to relinquish custody of their children and often seek as much of it as possible. Because child custody is such a hot topic, a lot of questions ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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15
Jun
2021
The Best Co-Parenting Apps for Divorced Parents
Technology has made co-parenting easier than ever thanks to new co-parenting applications. These apps help separated or divorced parents plan, stay organized, and share information about their children as they navigate co-parenting. This increases effective communication and encourages collaboration among both parents, minimizing any opportunities for conflict. Below are four of the most ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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12
Feb
2021
What Should Be Included in a Parenting Plan?
Per Florida law, a parenting plan is required for any family law case that involves timesharing of a minor child. Therefore, even if you and your co-parent agree on all matters regarding custody and visitation, you will still need to establish a court-approved parenting plan. So, how do you know what should be included in this document? Today, we will review what a parenting plan is and what ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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7
Dec
2020
How to Keep Child Custody Exchanges Civil
It is not uncommon for even the most amicable divorces to end with lingering feelings of resentment. This makes child custody exchanges difficult, especially on the children. While custody exchanges are necessary, they can often become contentious when parents refuse to get along or harbor feelings like bitterness. Today, we go over how to keep your child custody exchanges civil. Ensure you are ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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23
Jun
2020
Co-Parenting Tips for the Summer Season
Whether you are new to co-parenting or have been a co-parent for years, the truth remains: sometimes it is difficult to co-parent over the summer season. Due to changes in schedules, vacation time, and summer camps, your summer co-parenting plan may have to change, which could cause some discomfort. Today, we will review some co-parenting tips so you can take on the summer season with ease. Tips ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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6
May
2020
Working with Your Ex to Create Consistent Household Rules for the Kids
Raising children after a divorce can be a major challenge. To help them feel more secure, you and your former spouse should collaborate to develop consistent rules and routines in each household. Aiming for consistency does not mean you and your co-parent need to have identical parenting styles. However, you should work toward creating as much consistency as is reasonably possible. Establishing ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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3
Mar
2020
How Can I Modify Child Custody?
It would be unrealistic to assume that the lives of both parents will remain the same after a divorce. Even one year later, circumstances may change, warranting a modification of your child custody . Family courts understand this, which is why Florida law allows former spouses to petition the court for a modification of their child custody order. If you are the petitioning parent, you must provide ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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25
Feb
2020
What You Should Know About Post-Divorce Modifications
Life can change substantially after a divorce and the terms that were once acceptable and practical for your situation may not continue to be suitable for you or serve the best interests of your children. Family courts understand that modifications are sometimes necessary, which is why you can file a petition to modify child support, spousal support, or child custody. However, unless fraud somehow ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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4
Feb
2020
What Happens if My Children Refuse Visitation?
During the divorce process, parents must work out a child custody and visitation arrangement to ensure each party can maintain a meaningful bond with the children. If you cannot agree on an arrangement together, a judge will render a decision for you, examining several factors to determine what is in their best interests. However, sometimes putting a child custody order into practice may become a ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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11
Dec
2019
How Can a Relocation Affect Child Custody?
Can a parent with primary custody move a great distance from the other parent? Should a court place the child in the care of the non-custodial parent instead? How can a move affect an existing child custody agreement? When to Involve the Court The state of Florida affirms that a relocation is when a parent moves more than 50 miles away from their current residence for more than 60 days. It does ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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1
Nov
2019
Child Custody & How to Divide Time During the Holidays
Children need to develop holiday traditions with each side of their family. This can be complicated when parents are no longer together and must decide how to share the holidays. There are a few ways former partners can split the holidays so everyone can be happy. Keep reading to learn more. Alternating Holidays Perhaps the most common way to divide holidays, an alternating schedule allows both ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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24
Sep
2019
Establishing Paternity with an Uncooperative Biological Father
In Florida, paternity is established in one of two ways: the child is born during your marriage to the father; or the father acknowledges his paternity and it is officially instated through a court of law. What happens if you weren’t married to the father of your child at the time of birth and he refuses to go before the court? Is there a way to force the biological father to take responsibility ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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5
Sep
2019
5 Ways to Make the Most Out of Visitation Time with Your Child
After a divorce, visitation is critically important for maintaining a sense of connection with your child. Unfortunately, visitation time is often used as a tool to punish or harm one parent. This is a bad idea for many reasons, the most important of which is the negative effect it can have on the child. Even if your relationship with your child’s other parent isn’t the best, you should always ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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7
Aug
2019
Joint Custody and School Districts – Where Will Your Child Go to School?
School age children are required to attend an educational institution. A child’s residential district generally dictates where the child will go to school; however, if you and your partner have recently divorced and now have joint custody, you may not be sure which school district your child belongs to. If one parent has the child most of the time, the child will likely attend school in the ...
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Law Office of Russell S. Hershkowitz, LLC
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19
Jun
2019
Different Enforcement Methods for Family Law Orders
After the court issues its final judgment or decree in a divorce or other family law matter, the parties receive a document detailing the terms of the court’s directives and orders. So, how does a piece of paper make someone pay child support or give their spouse title to a house or car? What’s to stop someone from simply refusing to follow the terms of a divorce or family law order? There are a ...
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