Child Custody in a Divorce in Florida

If children are involved in your divorce in Florida you are probably concerned about child custody and visitation. The State of Florida has one overriding factor in child custody issues: What are the best interests of the children? This should also be the main concern of the parents. Divorce in Florida can be a traumatic experience for children and every effort should be made to reduce the emotional effect on them. You may be getting a divorce from your spouse but you will always be a parent.

In 2008 Florida divorce laws were changed drastically regarding child custody. The terms custody, visitation, primary residential parent and secondary residential parent were replaced by shared parental responsibility, time sharing and parenting plans. The courts were overwhelmed by parents fighting to be designated the primary residential parent. Florida divorce laws now encourage equal responsibility for all decisions that need to be made in a child's life.

In a divorce in Florida the parents will typically be granted shared custody of the child and equal rights in making joint decisions regarding the child's welfare. If there is major disagreement on some aspect such as education, religion or medical needs of the child the court may designate one parent primary control over that aspect.

In rare cases sole custody may be granted to one parent. This is usually based on child abuse, family violence or continuous conflict between the parents. Sole custody will only be granted by the courts where it can be proven that shared custody would be detrimental to the child.

In the final decree of a divorce in Florida there must be a parenting plan that explains the shared parental responsibility and time sharing schedule. Typically, these are agreed on by the parents or through mediation and compromise. If the parents cannot agree a trial will be held and the judge will make a decision based on Florida divorce laws. This may also involve a child custody evaluation by a third party such as a family counselor or psycologist. In theory the father and mother have the same divorce rights regarding parenting and time sharing but in practice the mother is typically given special consideration as the guiding force in the children's lives. Children over the age of 12 may be asked their preference regarding time sharing. Once the court has evaluated all of the evidence it will provide a parenting plan with details of the arrangement.

There are over 20 factors the Florida divorce laws consider in child custody. For more information on your divorce rights in child custody see the Uniform Child Custody Jurisdiction and Enforcement Act. Just remember that the State of Florida will be considering the best interests of the children and you should be doing the same. It is very important that the children are subjected to as little stress as possible in a divorce in Florida.

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The Causes and Effects of Domestic Violence on Women

There are increasing cases of domestic violence in the United States today and in many cases a Chattanooga lawyer is confronted with the question whether domestic violence is a crime which can be punishable or not. Chattanooga lawyers may help the victim of such incidences through legal proceedings and litigation if need be. However, this is a serious problem in not just in the United States of America but in the whole world. Each and every day can become fearful for women who are made victims of violence.

Violence against women and children is a serious matter and it can include verbal abuse, mental abuse, physical abuse, spiritual abuse, financial abuse and sexual assault. In many cases violence has lead to death or serious physical injuries. Most of the victims try to hide this problem from the society and even try to solve this problem themselves and it becomes too late. The abuse comes in different forms and is used to create an environment of fear for women and children as well. No matter where a person lives, the most common victim of abuses and domestic violence is women and the one responsible for such acts of the men of the house.

The causes of domestic violence are numerous and varied. It may start if men feel the need to dominate and control the women. There are times when women hold a better qualification than men and once men start feeling inferior they start dominating over the partner. Some men have the belief that they are more superior to women and they have rights to control their partners. Other causes may include alcohol and drug abuse, low self esteem, jealousy and other strong emotions.

There are numerous effects of violence on women and children. It can affect them physically, socially and psychologically. These victims often feel isolated from families and friends and most of the time lose their social support. Victims who have been abused since ages start living in fear even in their own homes where they are always supposed to feel safe. If the couple have children, then child abuse is also common in the same family. Studies have found that more than fifty percent of men who assault their wives also assault their children. More than five million children around the world witness their mothers being abused every year. In most cases, domestic violence results in injuries and neglect of children. The couples who are involved in violence almost everyday have greater chances of committing suicide. It has also been found out that the victims of such acts attempt suicide as the only way to get rid of the problem.

Domestic violence occurs in all cultures and religions. Anyone can become victim of such acts regardless of age and race. It is extremely important for women who are dealing with these kinds of situations to seek professional help as this can have detrimental effects on them as well as their children. Women are advised to share their stories so they can be helped.

Connor Sullivan has contacted a Chattanooga lawyer for information in order to write an article on the topic. He hired several Chattanooga lawyers for an upcoming trial.

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Should You Fight Your Child Custody Battle on Your Own Or Should You Hire a Lawyer?

If your ex is threatening to take your children from you, you are probably trying to decide whether or not you should fight your child custody battle on your own or if you should hire a lawyer. Here are a few tips for you that will help you decide whether you can successfully negotiate a child custody arrangement yourself and when it is time to find legal representation.

1. Will your ex try to get full custody of your children? If your ex is fairly reasonable and will work out custody arrangements that suit you both, then hiring a lawyer might not be necessary. But if you have a gut feeling that your ex will try to take your children from you and not give you any visitation, or that the negotiation will take a turn for the worst, a lawyer might be the way to go to ensure that you keep your parental rights.

2. Will your ex hire a lawyer to fight for custody of your children? If your ex has already hired a lawyer, it might be a good idea for you to hire one as well, if you want to keep your children. You do not want to be at a disadvantage when it comes to the courts, and a lawyer can help make sure all of your ducks are in a row when it comes to the custody hearing.

3. Can you do all of the proper research about making custody arrangements all on your own? If you feel confident that you can research everything you will need to know about child custody court hearings all on your own, then you might be able represent yourself in court. You can also check around your city for lawyers that offer child custody consultations and get some good tips and information about how what you will need to do at a child custody hearing so that you can research it yourself.

If you really want to negotiate a child custody arrangement without a lawyer, click here for something that will help.

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Change in Child Custody Laws - Time-Sharing in Florida

The Florida legislature recently enacted laws that abolished the concept of "primary" and "secondary" child custody as well as "visitation." The court system was overwhelmed with parents who were fighting not only about at whose home the minor would spend most of his time, but also over who should have the title of primary custodian. Many believed that, if they were deemed the "secondary" custodian, then they were also a second-class parent. Further, many parties resented that they had to "visit" the child rather than live with or spend time with their kin. In an effort to help parents avoid fighting over semantics, the Florida legislature adopted the concept of "time-sharing" to replace the old regime of awarding custody to one parent or the other.

The Florida Legislature also modified and expanded the factors that courts must consider when making a determination on the issue of time-sharing. The overriding concern remains the best interests of the child. There are now twenty factors for consideration, some of which are highlighted below:

· The ability of each parent to have a close relationship with his or her son or daughter;

· The ability of each parent to work with each other;

· The ability of each party to put the needs of the child before his or her own needs;

· How parental responsibilities will likely be divided when the divorce is finalized;

· Whether either either side will require some sort of day care during his or her time-sharing schedule;

· How long the minor has lived in a stable home;

· Whether the soon to be ex-spouses live near each other and the youth's school;

· How well the youngster is doing in school;

· How well informed each spouse is of scholastic and extracurricular activities;

· Whether each party is involved in the minor's school or extracurricular activities;

· The ability of each side to provide a routine for the child;

· Whether each parent is morally fit;

· The physical and mental health of the parties;

· The preference of the minor;

· Whether there has been any domestic violence or other abuse or neglect;

· Whether either side has falsely accused the other of abuse;

· The responsibilities of each spouse toward the son or daughter before the petition for divorce was filed;

· Whether either side has exposed the youth to alcohol or drug abuse;

· Whether each party has shielded the son or daughter from the divorce litigation;

· The ability of each parent to meet the child's current and future developmental needs; and

· Anything else that the court believes is relevant.

To review the full text of the new legislation, see section 61.13(3) of the Florida Statutes.

Courts may give each factor different weight based on the circumstances of a particular case. If you have questions concerning how the factors might apply to your case, be sure to consult an attorney experienced in family law.

Richard J. Mockler and Adam B. Cordover are family law attorneys at Richard J. Mockler, P.A., located in Tampa, Florida. For a free consultation or more information on time-sharing or other family law matters, please visit our website at http://www.FamilyLawRights.com

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Rhode Island Child Support Law FAQS - Daycare, Overtime, Modification, College, Termination

1) What if my child's parent works overtime? Will overtime be included in child support?

There is no standard law or rule in Rhode Island regarding whether or not the non-possessory parent's overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate child support.

Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.

Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.

2) My child is about to turn 18 but is still in high school and living at home, can I still get child support?

Under Rhode Island Law, child support should end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child turns 19.

Child support in Rhode Island automatically continues even after the child turns 18 unless a Motion to terminate child support is filed. If you are a non-possessory parent, your best option is to contact a lawyer to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school. This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-possessory parent can still be found in contempt for failure to pay child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is seriously disabled, child support shall continue until the child turns 21 years old.

3) Can I get my child's father to be ordered to pay for my child's college education?

In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child's education, then that agreement may be enforced by a court of law. Therefore, if you seek to have your child's parent pay for your child's college education, then you must negotiate payment of college expenses as part of a global settlement of the divorce or custody agreement or other similar agreement.

4) Who is going to pay for my child's daycare?

The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party's percentage of the combined gross income of both parties.

For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.

5) How do I modify, increase or terminate child support in Rhode Island?

In Rhode Island child support can only be modified if there is a substantial change of circumstances. In order to get a substantial change of circumstances, the child support amount must be 10 percent more or less than the old child support order. The change in circumstances could result from loss of a job, increase of income of either party, new dependents, loss of overtime, unemployment, a disability, etc.

David Slepkow is a Rhode Island attorney / lawyer concentrating in divorce, family law, personal injury, automobile accidents, child support, child custody and visitation. He is a partner at Slepkow Slepkow & Associates, Inc in East Providence RI. He is a member of the RI Bar, MA Bar and the Federal Bar for the First Circuit District of Rhode Island. David Slepkow has been practicing for ten years and is a member of the Rhode Island Family Court Inns Of Court. Please go to Official website of East Providence, Rhode Island (RI) Attorneys, Slepkow Slepkow & Associates, Inc to contact David Slepkow. Please call Rhode Island divorce Attorney, David Slepkow at 401-437-1100 with any questions! The first consult is always free!

Also visit: East Providence, Rhode Island (RI) Divorce Law Attorney / lawyer and RI Family & Child Support Law information or visit Rhode Island Child Support law information

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