When determining how to divide marital assets and property there are three important dates: the date of separation, the date of the divorce petition and the date of the anticipated final judgment. The division of property will be based on one of these dates and it is important that your divorce lawyer understands which will be most advantageous to you.
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]]>Children have different developmental needs depending upon their age. An infant to a 2 year old will generally explore the world through sucking, looking, grasping and pulling. Therefore the developmental needs for an infant include a home environment that is child proof with sensory objects to explore and a parent that is very attentive and loving.
Toddlers to a young children, ages 2 to 7 begin to use language and develop their memory and imagination. These children generally engage in pretend play. A parent of a child at this age should engage their child's creativity by getting down on the floor and playing with their child whether it is pretending to be super heroes, pretending to be a vet or sailing in a pretend boat.
Elementary age children, ages 7 to 11 become more aware of themselves as individuals as they gain an understanding that not everyone else necessarily shares their thoughts, feelings, and opinions. Parents of children at this age should help their child understand how another child feels in a given situation; guide their child to treat others with kindness; and help their child find a sense of direction as he or she explores his or her own interests and dislikes.
Pre-teenagers and teenagers often expand their development by participating in extra-curricular activities. It is important to pre-teens and teenagers to share what they are doing with others that are special to them. Parents of pre-teenagers and teenagers should be interested in what is going on in their child's life, engage their child in conversation, encourage their child to try out for a team or otherwise participate in age appropriate social activities and guide their child to be able to grow into a healthy adult.
This 20 part series tracks what judges are required to consider when making child custody and parenting plan determinations in divorce and paternity cases pursuant to Florida law to help parents focus on what is relevant to the Court to effectively present their divorce, paternity or modification of child custody case. Judicial child custody determination factors 1 to 18 are available in the Child Custody Achieves.
]]>It is natural to be bitter with the other parent during your child custody case, to feel anger, resentment and betrayal. It is often difficult to hold yourself together and especially to keep your child away from the hostility. It appears that too many parents bad mouth the other parent either to the child or to someone else in the presence of the child. Although you may be going through a difficult time, such behavior is harmful to your child. Your child is made up of both you and the other parent and likely loves both of his or her parents. Making such statements in front of your child often places him or her in a loyalty bind that they should choose one parent and also causes unnecessary stress. This is detrimental to a child and studies have shown that these children are more likely to experience anxiety, depression and substance abuse.
If you are aware that your parent is discussing your child custody litigation with your child or disparaging you in front of your child, consider requesting that the court appoint a guardian ad litem. Document any behavior from the other parent that demonstrates alienating behavior in a journal including dates, details, names and contact information for witnesses.
Keep in mind that the Court can consider alienating parental behaviors in the presence of the child that includes body language, noises, and physical gestures such as eye rolling. Whenever possible, videos of the other parent's behavior can speak a thousand words.
This 20 part series tracks what judges are required to consider when making child custody and parenting plan determinations in divorce and paternity cases pursuant to Florida law to help parents focus on what is relevant to the Court to effectively present their divorce, paternity or modification of child custody case. Judicial child custody determination factors 1 to 17 are available in the Child Custody Achieves.
]]>The Child Custody Judge shall also consider the division of parental responsibilities before the child custody litigation and during the pending child custody case, including the extent to which parenting responsibilities were undertaken by third parties.
In order to be prepared for your divorce or paternity case, prepare a journal. List all parental tasks that each parent performed prior to the child custody case and which tasks each parent performed after the filing of the divorce or paternity action. Also list all tasks that were performed by anyone other than the parents. For example, a grandmother may be the one who takes the child to the doctor. When preparing a journal include names and contact information of any pertinent witnesses.
This 20 part series tracks what judges are required to consider when making child custody and parenting plan determinations to help parents focus on what is relevant to the court to effectively present their divorce, paternity or modification case. Factors 1 to 14 are in the child custody archieves section of Rebekah Brown-Wiseman, P.A.'s Blog.
]]>There are divorce cases where one parent desires to remove the other parent from the household while they are going through the divorce process. Since both parents have a right to continue residing in their mutual household, some parents file a petition for an injunction for domestic violence with false information.
The Court may enter a temporary order removing the other parent from the household for the safety of the children pending a court hearing on the matter. This order at least temporarily removed the other parent both from the household and also from the children's lives.
The Court does not approve of such behavior. Restraining orders are meant for parties going through a divorce or separation that truly need a restraining order, such as when the parties end their relationship and the emotions of one or both of the parents rise so high that it resulted in physical violence or a legitimate threat of violence.
Restraining orders are not meant to be a tactical advantage. Illegitimately removing the other parent from a child's life interferes with factor one of this series of what judges consider in making child custody decisions as it interferes with the other parent's ability to have a close and continuing relationship with the child.
If the removed parent later proves that the allegations made against him or her were false, then the Court should consider that the person making the allegations may not foster a close and continuing relationship between the child with the other parent. Absent actual child abuse, abandonment, neglect or a legitimate threat of same, it is deemed to be in a child's best interest to have a relationship with both parents. If one parent cannot accept that and makes false allegations that interferes with the other parent's relationship with the child, then the parent that made the allegations should not be the parent that has the majority time with the child.
This 20 part series tracks what judges are required to consider when making child custody and parenting plan determinations to help parents focus on what is relevant to the court to effectively present their divorce, paternity or modification case. Factors 1 to 13 are in the child custody archives section of Rebekah Brown-Wiseman, P.A.'s Blog.
]]>There are divorce cases where one parent desires to remove the other parent from the household while they are going through the divorce process. Since both parents have a right to continue residing in their mutual household, some parents file a petition for an injunction for domestic violence with false information.
The Court may enter a temporary order removing the other parent from the household for the safety of the children pending a court hearing on the matter. This order at least temporarily removed the other parent both from the household and also from the children's lives.
The Court does not approve of such behavior. Restraining orders are meant for parties going through a divorce or separation that truly need a restraining order, such as when the parties end their relationship and the emotions of one or both of the parents rise so high that it resulted in physical violence or a legitimate threat of violence.
Restraining orders are not meant to be a tactical advantage. Illegitimately removing the other parent from a child's life interferes with factor one of this series of what judges consider in making child custody decisions as it interferes with the other parent's ability to have a close and continuing relationship with the child.
If the removed parent later proves that the allegations made against him or her were false, then the Court should consider that the person making the allegations may not foster a close and continuing relationship between the child with the other parent. Absent actual child abuse, abandonment, neglect or a legitimate threat of same, it is deemed to be in a child's best interest to have a relationship with both parents. If one parent cannot accept that and makes false allegations that interferes with the other parent's relationship with the child, then the parent that made the allegations should not be the parent that has the majority time with the child.
This 20 part series tracks what judges are required to consider when making child custody and parenting plan determinations to help parents focus on what is relevant to the court to effectively present their divorce, paternity or modification case. Factors 1 to 13 are in the child custody archives section of Rebekah Brown-Wiseman, P.A.'s Blog.
]]>The family law judge will look at whether each parent shared information with the other parent related to the health, education, and welfare of the child. In addition, the judge will consider whether each parent provided the name and contact information of the other parent to any providers whether it be a health care provider, the child's school or an extra-curricular group. This is especially important when an emergency contact is requested by the provider. If you are involved in a contested child custody case and the other side is not providing this information, subpoena the records custodians of the providers to your court hearing and request that they bring the relevant documents.
If one parent receives a record or report directly from the school or health care provider, that parent should provide a copy to the other parent. To avoid forgetting, simply take a picture and immediately text a copy to the other parent. This will also give you proof on your telephone that you are sharing relevant information with the other parent.
Each parent should provide a residential, mailing, and contact address and contact telephone number to the other parent, absent a Court order that it is unsafe for the parent to release this information. If you move either during or after your divorce or paternity case and reside in the State of Florida, you should fill out a change of address form and file it with the family court.
This 20 part series tracks what judges are required to consider when making child custody and parenting plan determinations to help parents focus on what is relevant to the court to effectively present their divorce, paternity or modification case. To learn more, see Factors 1 to 12 .
]]>Child Custody Factor #12. The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
Children are not born knowing everything and need to be guided to be productive members of society. As part of this guidance, children need proper consistency for a healthy productive life. Children should have a bedtime or they will not be able to properly benefit from the education being provided to them at school. Parents should be responsible for ensuring that their children complete their homework each night. Children should have not only have an overall healthy diet, but should have regular times for meals so that they are well fueled for an active life. Children should know what is expected from them and the consequences of their actions, which can include being disciplined.
Creating a journal can assist you with presenting evidence in a child custody case. The journal can track matters such as a child's lack of sleep causing disruption in his or her ability to learn the next day or how the child excelled in a book report at school the day after a parent helped him or her understand new words in a book.
Separation and divorce is not only difficult for adults, but often confusing and even frightening to children. A regular routine helps kids stay of track and helps reduce anxiety.
To learn more, see Parts 1 to 11 for other factors that Judges consider in divorce and paternity cases when making child custody determinations.
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