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How Do Florida Courts Determine Custody?

Florida courts, like most state courts in the country, look to the “best interests of the children” when determining issues of custody. Florida no longer considers it custody. Rather, it is discussed as shared parenting time and responsibilities. There are several key reasons for changing the language of custody in recent years, but the key takeaway should be that courts no longer view custody as an “all or nothing” proposition. It is not a matter of “who gets the kids,” but rather how much time each parent will have and what duties and rights each parent will have. In reaching...

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Moving for a New Spouse’s Job After a Divorce

So, you are divorced and have children by your ex-spouse; however, you have recently begun dating someone or re-married, and that new partner has an incredible job opportunity across the country in another state. What do you do? You know the new opportunity could change life for you and your children forever, but it would mean the kids not seeing your ex nearly as much. Can you up and move? If you move without permission, what is the harm? How do you convince your ex it is the right thing for the kids? These are among some of the more common...

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Understanding Relocation in Florida’s Divorce Courts

The average American, according to the Bureau of Labor Statistics, will hold about 12 jobs in a lifetime. This is markedly more jobs than most people would have had just 30 or 40 years ago. Changing workforce requirements, educational opportunities, women working outside the home, and changing corporation structures all play a big role in this. However, one thing is definitely certain, if you have a custody order in place and are offered a phenomenal job opportunity that would require relocation, you are in a catch-22. Florida law does not make it easy to simply pick up and move if...

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Five Signs of the COVID Custody Grab

In uncertain times, people do unusual things. In family courts across the country, people are trying to deal with how to handle the pandemic when determining custody and parenting time. Attorneys and courts are ill-equipped, because a pandemic of this magnitude has not occurred in our lifetimes. For those in south Florida who are trying to resolve a family law matter, this can be an immensely stressful time. Fortunately, a dedicated Fort Lauderdale divorce lawyer might be able to help make sense of your rights and guide you through keeping as much time as possible with your children.  One particular problem...

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Why Non-Offending Parents Must Act Quickly When Children are Taken by the State

There is perhaps nothing scarier for a parent than discovering that your child has been removed from the home and placed into the care and custody of the State of Florida. Often, this occurs when parents are separated or divorced, and the child is with the other parent at the time of removal. Consider this example: You are separated and your ex-partner has the children for the weekend. You receive a phone call from a Child Protective Services worker late in the evening on Saturday, explaining that your children have been taken into care. You are then served with notice...

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