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Child Custody

Recent Posts in Child Custody Category

  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • How Bankruptcy Impacts Family Law Agreements and Orders

    Bankruptcy proceedings are one of the most significant areas of law that crosses over to family law . When someone files a bankruptcy petition, they essentially pause all movement regarding their financial obligations, including orders involving the division of property at divorce and family support obligations. Because much of the issues in family law cases involve payment obligations between ...
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  • 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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  • Divorce: Can I Move Out Without the Kids?

    Some married couples have amicable divorces. They approach their divorce realistically, and with an agreement about dividing their property and debts. They also come up with a practical child custody schedule that will serve their children’s best interests. Other couples are not as fortunate, especially if their feud is over child custody. If you are a parent who is headed toward divorce and you ...
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  • Domestic Violence & Divorce in Florida

    Few things complicate a divorce quite like domestic violence, even more so when there are children involved. As a victim of domestic violence, you deserve to get out as fast as you can, which can be a challenge if you are married to an abuser. The state of Florida condemns violent spouses with criminal charges, which has an inevitable ripple effect in all other court cases. Domestic violence ...
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  • How to Create a Parenting Plan for Divorce

    One of the most heartbreaking aspects of divorce is when children are involved, as it is inevitable there will be some conflicts or tension regarding future parenting. Divorced parents find it difficult to agree on much of anything, especially when it comes to your shared children. Tensions run high as both parents want to protect as much of their time with their child as possible--as well as an ...
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  • Are There Family Law Consequences for Refusing to Vaccinate my Child?

    Can You Get in Trouble for Not Vaccinating Your Child? Parents enjoy the right to raise a family according to their individual beliefs and standards. However, when parents hold certain beliefs that have the potential to endanger a child's health and safety, it can potentially impact future child custody determinations. This blog discusses the potential family law consequences of subscribing to the ...
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  • The Uniform Child Custody Jurisdiction and Enforcement Act

    When parents of a minor child get a divorce , child custody is a critical issue of contention. When a court issues a final divorce decree, it usually includes custody orders that stay in effect for years afterward. Custody orders can be modified later, but traditionally only the court that issued the custody order has jurisdiction to modify it. The traditional system became a burden for divorced ...
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  • Divorce and Childhood Obesity

    What Health Risks Result from Childhood Obesity? September is National Childhood Obesity Month. According to the Centers for Disease Control (CDC) , approximately 19% of children (about 1 in 5) in the United States are considered obese. Obesity puts children at an increased risk for serious health conditions, including: Asthma; Sleep apnea; Type 2 diabetes; and Heart disease. The Risk of Obesity ...
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  • Who Gets Child Custody Pending a Divorce?

    Which parent gets custody of a child while divorce proceedings are pending? In general, family law courts will ultimately consider the child’s best interests to determine the custody arrangement during a divorce: joint or sole custody. If you’re going through a divorce and are concerned about losing full rights to your children, you don’t have to be unprepared. An experienced Altamonte child ...
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  • What to Do If Your Ex Violates Your Custody Agreement

    A divorce usually results in a court order that details your child custody arrangement. Unfortunately, ex-spouses can take liberties with a parenting plan, by preventing the other spouse to see their child or failing to show up on time for visitation. While these violations can be frustrating, they could face custody and visitation-related consequences if their misconduct is severe or consistent ...
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  • 7 Common Mistakes to Avoid in a Child Custody Battle

    A custody battle can be emotional, overwhelming and expensive, but the last thing you want to do is let a mistake sabotage your case. During this time, it’s important to understand that your actions inside and outside of legal proceedings can have an impact on your child’s well-being and your relationship with them. Any negative feelings that lead to destructive behavior can put you at a huge ...
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  • Understanding the Difference Between Physical and Legal Custody

    In family law matters, child custody is broken down into two elements: physical and legal custody. While the terms are easy to confuse, they have the ability to operate independently of each other, and it’s common for physical and legal custody to be applied differently in a child custody case. As a parent, it is important you know the difference between the two terms and how they could affect you ...
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  • What You Need to Know About Relocating After Divorce

    Oftentimes, many individuals feel tempted to relocate after a divorce to leave the past behind and embark on a truly fresh start somewhere new. While the concept of hitting refresh on life is undoubtedly appealing, moving out of state can cause some problems if you and your ex-spouse share minor children and are not in agreement regarding the move. Before you start packing up your belongings, ...
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  • What is a Parenting Plan Modification?

    Life is not static, so it would be unreasonable to think that some of the decisions made during your divorce should be set in stone, including your parenting plan. As such, the courts allow parents to seek modifications to parenting plans for any number of reasons. It is generally easier to work with your ex on these matters, especially if you are on the same page and have a good co-parenting ...
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  • Top 5 Child Custody Questions

    If you are in the midst of a divorce and have children, you likely have many questions about what to expect and what actions you should take to ensure an outcome that serves their best interests. This can be an overwhelming situation and many are often unsure of where to start. Let us help set you on the right path by providing answers to some of the most commonly asked child custody questions. ...
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  • Questions to Consider Before Hiring a Child Custody Attorney

    If you are currently going through a child custody battle, you might have asked yourself whether or not you need to hire a child custody attorney, or how to determine who is most qualified to assist you. This is undoubtedly a difficult situation, considering what is at stake, so it is important to remember that your decision should support your ultimate goal and serve the best interests of your ...
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  • Benefits of Joint Child Custody

    As you are going through a divorce , who gets custody of your children is probably right at the top of your priority lists. Many parents instinctively want child custody rights all to themselves so they can spend as much time with their kids as possible. While this is certainly understandable, sole custody is probably not as beneficial as it seems on the surface. Family law courts tend to favor ...
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