How to Obtain Modification of Child Custody

Child Custody ModificationsFor every decision regarding parenting and time-sharing of minor children, the courts are charged with acting in the best interests of the child. When parties seek to modify a parenting plan or a time-sharing schedule, Florida law adds an additional burden.

When seeking such a modification, the party requesting the change must show that there is a “substantial, material, and unanticipated change in circumstances.”  Without this, the courts will not consider a change in the parenting plan or the time-sharing schedule. read more

What Is My Parental Responsibility After a Florida Divorce?

When children are involved in a divorce, the process of navigating through child custody issues can be stressful and emotional for all parties involved.  However, because a divorce can be particularly difficult for a child, parents should make sure that their child’s care and well-being is a priority.  Parental responsibility or duties that parents should assume, ensures that the transition after divorce goes as smoothly as possible for their children. Remember that just because your relationship with your spouse is ending, it does not mean that you are no longer a caring and trustworthy parent.  That’s why it’s important for parents to conduct themselves and their activities in a manner that foremost supports the best interests of their children. read more

Divorce, Taxes and Children

The combination of taxes and divorce can add another layer of complexity to an already complicated situation. Divorce affects taxes in different ways.  This is especially true for divorced couples with children. Read how divorce affects taxes; especially if you have children.

Child Support

Arguably, alimony and child support are both forms of income, but the IRS tends to treat them very differently. Generally speaking, alimony is taxable for the recipient and tax-deductible for the person paying it. That’s not true of child support. In fact, the IRS does not require that child support be reported as income, so the parent receiving child support will not have to declare it as taxable income. Meanwhile, the person paying child support cannot use these payments as a tax deduction. However, if alimony is scheduled to end within six months of a child’s 18th or 21st birthday, then the IRS may view it as child support. read more

Child Custody and Religion During a Divorce

child custody

Questions of religion and parenting during a divorce are some of the most challenging. Interfaith couples are likely to have differences of opinion about the religion their children should practice. In most cases, religion does not come up as a key factor in divorce proceedings, unless children are involved.

Then, religion becomes an important part of a divorcing couple’s co-parenting discussion. When faced with such concerns, many divorcing couples turn to the Family Law court to help balance the two different faith principles in order to keep the best interest of the child at the forefront. read more

Limiting Child Visitation Rights aka Timesharing Rights

child visitation

As a divorced parent, you may find co-parenting and visitation rights to be one of the hardest challenges you will face post-divorce.

child visitation

In the best of cases, an agreement on a cohesive parenting plan allows both parents to work together to raise children in a healthy and loving manner.  Unfortunately, not every scenario works out so easily, and the child’s welfare is the Family Law Court’s primary concern with all custody and visitation matters.

Parents and relatives may be denied visitation rights for the following reasons: read more

What Divorce Can Teach You About Starting Over In The New Year

Happy New Year

Now that the holidays are behind us and a new year has begun, many people start to reflect and evaluate where they are in their life path and the decisions they’ve made up to this point. Because of this, January is the month when many couples file for divorce each year after they have had some time to ponder their past and future.

Since every relationship, couple and individual is different, so are the reasons for deciding to divorce in the new year. For some, the relationship stayed together through the holidays for family and children. For others, the season was filled with social commitments and work obligations keeping both partners busy and moving forward with plans, even if things didn’t ‘feel quite right’.  Once the holidays wind down, and it’s time to get back to a routine, one or both partners may decide it’s simply time to start the new year in a new way, to take a path that is best suited for them alone. read more

Florida Child Relocation After Divorce

Divorce is a stressful time for all parties involved. It is a life-changing situation especially when children are involved. The stress is exacerbated further when custodial parent relocation becomes a point of contention. If a parent wants to implement a child relocation after divorce, the matter becomes even more complex and sometimes more contentious.

Florida Law: Child Relocation After Divorce

Florida Statutes concerning relocation are focused on what is best for minor children and protecting the rights of non-custodial parents. If the relocation means moving more than 50 miles from the non-custodial parent, the relocating parent will have to inform the courts and the former spouse by using the Intent to Relocate form. The laws specify formal written consent. However, even when the other party consents, the Court may still step in to review the petition. read more