Ocala Divorce Lawyer Blog

I have blogged here recently on a shift of the court to a more equal time-sharing structure between the divorcing parents. I wanted to tie this in with a blog post on parents behavior during the divorce process. It cannot be stated strongly enough that the divorce process is very hard emotionally for children. Divorce is exceptionally hard and parents can make it worse by their behavior in front of the children. I often implore and remind divorcing parents not to disparage the other parent in front of the children. Remember, the children are one-half of the other parent you are divorcing, both biologically and emotionally. When you disparage the other parent, aren't you also in effect disparaging one-half of the child as well? Children often internalize the criticism that way.

There has been much research on Divorce and Impact on Children, and researchers now view "conflict" - rather than the divorce or parenting-time schedule- as the single most critical determining factor in childrens' post-divorce adjustment. Some of this research spans 30 years or more and follows children from the '70s into adulthood. It has been shown that the children who succeed after divorce, have parents who can communicate effectively and work together as parents. The treat raising the children as something that needs to be done effectively despite their own feels about the other parent. The better the two parents can work together to raise the children, the more successful the children will be in their endeavors. This seems axiomatic but it is very hard for parents, as people with real human emotions, to move past the pain of divorce and focus on the needs of the children.

Additionally, research has further shown that the children's psychological reactions to their parents' divorce vary in degree dependent on three factors: (1) the quality of their relationship with each of their parents before the separation, (2) the intensity and duration of the parental conflict, and (3) the parents' ability to focus on the needs of children in their divorce.

Continue reading "What is the Cost to the Children: Florida Divorce Impact to the Children" »

I hear this question frequently in my practice, "We were never married, we have a child together, and I want to move back to _________ to be closer to my family. Can I go?" The answer is "No, without a Court Order allowing you to move, you run the risk of being brought back to Florida by court-order if you don't follow the Statute correctly." Regardless if you are married or not, if the other parent is entitled to parenting-time with the child, the parent wishing to relocate must follow Florida Statute 61.13001. There does not need to be a court order in place ordering time-sharing for the other parent, just being entitled to it will allow the non-relocating parent to be able to stop the relocation. It is often insufficient for the parent seeking to relocate to show only that the planned move would provide a "support system" (family, friends, etc.) to her/him or the children.

Additionally, it may not enough to show that a higher paying job is available in the planned location. However the more factors which can be provided to the court, including additional factors such as offering substitute visitation and a contribution toward travel costs for the other parent, may suffice. Whether the non-relocating parent has been an active parent is also a significant factor. A difficult situation exists when a non-relocating parent has been active with the children, but the employer of the parenting seeking to relocate or her/his new spouse requires a transfer to another state. Generally, there is usually no easy way to determine in advance whether a court will grant relocation. There is a caveat here, if the relocating parents obtains the consent/approval of the non-relocating parent, then the move should not be able to be stopped. Here are some things to consider whether you were married or not to the child's other parent and are seeking to relocate:

Continue reading "Can I Move With The Child Even If We Are Not Married: Florida Relocation of Unmarried Parents" »

Positive. Life-enhancing. Enlightening. Compassionate. These words are seldom associated with divorce. Words that typically come to mind are: Painful. Agonizing. Resentful. Bitter. Ugly. The average divorce takes two years with a median cost of $30,000. Yet the true cost of divorce is more than time or money, it is the legacy of the decisions made during the process, says Chicago Judge Michele Lowrance. It doesn't matter how long a couple has been married, whether there are kids or no kids, the painful impact of divorce often leads to bad choices that can forever alter a family's life, she adds.

Couples overburdened with emotion choose litigation as the best way to protect their interests. "By letting the court determine far more than just their future financial, and custody decisions, the divorcing parties abdicates the power they have over their own life and choices," the judge says. "Without fail, both parties end up regretting the decision to litigate almost immediately and for years to come. Nobody starts a marriage hoping it will end in divorce, but that doesn't mean that divorce needs to be the defining moment of their life."

Judge Lowrance has learned that there's a better way to handle divorce. So she came up with a plan to turn the negatives of divorce into positives. She explains the program in her new book, The Good Karma Divorce: Avoid Litigation, Turn Negative Emotions into Positive Actions, and Get On with the Rest of Your Life.

Continue reading "Florida Divorce Advice: The "Good Karma Divorce" from Judge Lowrance" »

There has been a huge push by Fathers, Attorneys and the Florida Legislature to put Rotating Custody (or Equal Time-Sharing) on the same level playing field as other types of time-sharing arrangements. Florida Statute 61.13 governs time-sharing and parenting plans established by the court. To understand the issues with rotating custody we have to take a look back to 1997. In 1997, the Florida Legislature enacted section 61.121 which states as follows: "The court may order rotating custody if the court finds that rotating custody will be in the best interest of the child." But courts still found reasons not to give equal time-sharing a chance.

Most courts around Florida believed this to mean that the presumption against rotating custody had not been removed. There were a long line of cases that still found that rotating custody was still disfavored even after the statutory change: Ruffridge v. Ruffridge, 687 So.2d 48 (Fla. 1st DCA 1997), holding that Florida courts have recognized that rotating child custody is presumptively not in the best interest of the children."); Langford v. Ortiz, 654 So.2d 1237 (Fla. 2d DCA 1995), holding that Rotating custody ... is presumptively not in the best interest of a child; Caraballo v.. Hernandez, 623 So.2d 563 (Fla. 4th DCA 1993), adhering to rule that rotating custody is presumptively not in the best interest of the child; Wilking v. Reiford, 582 So.2d 717 (Fla. 5th DCA 1991), holding that generally, rotating custody is presumptively not in the best interest of children, but there may be special circumstances which justify rotating physical residence; Bienvenu v. Bienvenu, 380 So.2d 1164 (Fla. 3d DCA 1980), holding that it is well-settled Florida law that split-custody provisions ... are strongly disfavored and ordinarily may not be sustained.

Continue reading "Florida Rotating Custody: Now on an Equal Playing Field" »

If you find out your girlfriend is pregnant, one of the first things you should do is register with the Florida Putative Father Registry. Without your permission, your girlfriend could place the baby up for adoption and later contend that you abandoned her and the baby while she was pregnant. Florida Statute 63 requires that you substantially comply with all of the sub-section in order not to waive your right to consent.

Here is what you should do:
1. Register with the Florida Putative Father Registry
2. Offer to pay for medical visits, pre-natal care, maternity clothes, and any related pregnancy expenses, including food and housing. Keep receipts - you may need them down the road to prove that you helped her when she was pregnant.
3. Go with her to the Doctor Appointments. Make sure you introduce yourself to the Nurse or Doctor. Ask questions. Make sure they mark in the chart you were there.
4. Pay financial support and keep receipts.
5. Be involved in the pregnancy. If the two of you don't live together, call daily and find out how's she'd doing and how the pregnancy is going. If she refuses your calls - make a diary of the attempts and how she refused to talk to you.

Continue reading "Florida Contested Adoption: Helping the Biological Father Get His Child Back" »

The issues of child support are generally the same whether you're from a "celebrity family" or just a "regular hard-working family," living in Florida or Alaska: parents have an obligation to pay support for their children, whether married or not. The only thing that may vary is the actual number. According to court documents filed Thursday in Alaska and posted on the Web site TMZ (you can see the papers filed here), the 19 year-old daughter of Sarah Palin is seeking temporary financial relief in the form of child support from the father of her one year-old son and pay $1,750 a month in child support payments.

Palin is also seeking back payments beginning from late December 2008, when the child was born. According to the pleadings filed in court, Palin says Johnston made "in excess of 105,000 in 2009 through various media interviews and modeling related activities."

Continue reading "Bristol Palin Seeking Child Support: The Obligation is the same in Florida as in Alaska" »

I am frequently asked by a very concerned parent, "I am afraid that my child's other parent is going to take the children to ____________ (any country out of the US) and not bring them back. What can we do?" Or the flip-side of this problem is, "I want to take the kids on a Disney Cruise and we need passports, but the other parent won't give permission." This is really both sides of the same problem. Is there anything the Florida Divorce lawyer can do to help?

The first question is really about child abduction. Let me begin by saying that to legally move a child from this country to another requires a passport. There are special requirements to obtain passports for minor children. Both parents of a child under the age of 16 must be present in the passport agency and sign a consent for a passport. One parent cannot unilaterally obtain a passport for a child under 16. The passport forms and requirements are very clear. If the one of the parents doesn't consent to obtaining a passport for the child, then a passport will not be issued, and that child may not legally leaving the county. If the child already has a passport, we can ask the court to impound that child's passport if the threat of abduction is real and credible.

Continue reading "Traveling Out of the Country with Children: the Passport Issue" »

This video summarizes some of my previous Blog posts on Florida Father's Rights and Establishing Parenting-Time for Unmarried Parents. It is extremely important to legally establish rights for unmarried parents for the sake of the child. Additionally, once there is a court order, both parents know what their rights and responsibilities are to each and the child.

To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your consultation today.

To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your consultation today.

By now, everyone has heard the term, "hiking the Appalachian trail," and found that when uttered by South Carolina Gov. Mark Sanford it really meant heading down to South America to have a 5-day tryst with the mistress. Gov. Sanford mysteriously disappeared in late June - Father's Day weekend, to be precise. After lying about his whereabouts at first, Sanford eventually confessed to having an extramarital affair with his Latin lover, Maria Belen Chapur, a woman he later described as his "soul mate." The governor also admitted to "crossing lines" with other women.

South Carolina Gov. Mark Sanford is not contesting his wife's divorce petition, admitting in his court filing that he committed adultery and asking a judge to end the couple's 20-year marriage. His estranged wife, Jenny Sanford, filed for divorce. She said she and the Republican governor could not reconcile after he vanished mysteriously in June and then publicly admitted having a yearlong relationship with a woman in Argentina. A final court hearing is slated for February.

Continue reading "Mark Stanford Debacle: Does Adultery Matter in a Florida Divorce?" »

I often hear tales of horror and woe from a prospective client who has talked to a friend that heard that a friend of theirs about someone going through a divorce that got cheated out of everything, and was left penniless after the divorce. We have to remember that each divorce like each family is unique. Unfortunately, one of the biggest drawbacks of having a trial besides the cost involved is that when you ask the Judge to decide your case, you give up all control to make decisions regarding the outcome. At Anne E. Raduns, PA we try use all forms of Alternative Dispute Resolution (ADR) to settle your case, especially informal negotiations and mediation before taking a case to trial. There are many good reasons why our firm does this.

What are the advantages and disadvantages of ADR?

The court system uses an adversarial model. You're taking a position against your spouse, and you're asking the lawyers to fight it out for you, with the Judge acting as the ultimate decider. The lawyers in these battles often use tactics that are aggressive to win - this without a doubt will increase hostility between the divorcing spouses. To the victor goes the spoils! That's not what divorce should be about.

Continue reading "Is There a Way to Keep My Divorce Less Expensive and Out of Court? " »

Common Divorce Myths

Ocala Divorce and Family Law firm have come across many common myths and misconceptions that people have about divorce. If you are considering a divorce, a family lawyer will be qualified to address these.

Some of the most common myths include:

Myth #1: "I can do this myself: I do not need a lawyer."

Hiring a divorce lawyer is not a requirement but it is highly recommended. A divorce lawyer has much experience with each aspect of divorce law. He or she will review your case, give you honest legal options and always protect your best interests. A divorce is still a legal process and the results of the divorce are generally final and binding. A good family lawyer will assist you in the process and attempt to make a stressful process as stress-free as possible for you and your family.

Myth #2: "The woman always gets custody of the children: If I'm the Father I'm only going to get Visitation."

False. The Florida Statues 61 that govern divorce specifically states that the court CANNOT consider the gender of the parent when making a custody determination. More and more courts are giving the Father custody (or the most overnights). A divorcing couple may decide that the father would be the better custodial parent. In cases where the divorce is contested, a judge will resolve the issue according to the best interest of the children, regardless of gender.

Myth #3: "The child can decide where he/she wants to live when they turn 13."

False: The child's preference where he or she wants to live my play a small part in a custody determination, but by-and-large children are not allowed to choose where they want to live until they turn 18. Once they become legal adults, the can choose. But the courts do not give the children authority to make that decision before age 18.

Continue reading "Most Common Florida Divorce Myths discussed by Ocala Attorney" »

I heard this question today, and I told my prospective client that I get this question so often I should probably put something on my blog about it. There are many myths regarding this area of divorce law. The question I usually get is, "if I move out the martial house because _________ fill in the blank, (usually the reasons are too much fighting, I can't take it anymore, I'm afraid that someone will get arrested if I stay) will the court think I've abandoned the my house, and will I lose any legal or financial interest in the property?

The short answer is, "no."

Continue reading "If I Move Out of the House - Do I Abandon the Property?" »

There is an interesting phenomenon taking place with the adult use of social networking sites like MySpace and Facebook. These sites are not just for teens or college students anymore. In the last two years, more and more men and women over the age of 35 have joined Facebook and MySpace and similar social networking sites making it easy to find old friends, schoolmates and even...a former crush or past love.

"According to the Pew Internet & American Life Project's daily tracking survey of 2,251 adults, more than one-third (35 percent) of U.S. adult Internet users currently have a profile on a social networking site." Some law firms are saying that 1 in 5 divorces are referencing Facebook in their pleadings. It is becoming more and more common to see these social-networking sites playing a role in extra-marital relationships.

The following interview is from an article dated February, 18, 2009 from CNN.com:

"Many people try to reunite online because it's so easy", says Nancy Kalish, a professor of psychology at Cal State Sacramento and author of the book "Lost & Found Lovers: Facts and Fantasies of Rekindled Romance."

Continue reading "Facebook, MySpace, Twitter and Marriage" »

An interesting article from the Daily News in the UK:

The shaky economic recovery is welcome news to most hard pressed families. But, according to research, it also risks tearing them apart. Divorce lawyers predict record business in January after takings plunged during the recession.

QualitySolicitors.com, a national group of 200 law firms, expects double the usual volume of monthly divorce-related inquiries. It follows a 26 per cent increase in inquiries from July to November as the downturn started to slow. Member law firms report current inquiry levels are now on average 11 per cent above those in November 2008 when the economy was at its lowest ebb.

Marriage counselors said this was no surprise as while stagnant salaries, plummeting home values and rising unemployment created extra stress on marriages, they also made couples more financially dependent on each other. Many who wanted to divorce could not afford the legal fees.

Continue reading "Economic Recovery Boosts Divorce Rate" »

The last 18 months have seen many changes in families and their finances, and resulting in an increased number of divorces. The large number of people in bankruptcies and foreclosure proceedings are now the norm and not the exception. More and more people are having money problems and feeling the stress related to those issues. As this level of stress rises so does the level of tensions in a marriage... and often times fighting gets worse. More people are seeking divorce because of the increased stress and problems brought to the marriage. When the mortgage or car note can't be paid, having them go back to the bank could be the only recourse to the problem. A fresh start may be the answer either financially or emotionally.

While the above scenario isn't very pretty, the year that was 2009 wasn't either. Locally, our unemployment reached a record 13%. Construction of new homes hit rock bottom. Many of our local stores closed. Businesses were out of customers and customers were out of a job. Credit was tight both for consumers and small businesses. Not to mention what has happened on Wall Street, and to our 401K plans or retirement accounts. Times were tough in 2009, but we can finally see the economy starting to rebound. Home sales locally are up and local projects are coming to fruition, meaning people are finally going back to work. Small businesses are starting to hire again. The economists say the worst is over!

It is time to plan for the future. The New Year of 2010 is new with possibilities. You have options. And with options comes hope for a brand new, fresh start. If you have been considering divorce, we can help guide you through the difficult financial aspects of the process. To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your consultation today.