How is Child Visitation Determined?

If you are considering a divorce in Florida and you have children, some of your most important questions may be: What is visitation? What are my rights? How is visitation time scheduled? Determining how to handle the children can be the most difficult part of the divorce process.

The Florida legislature recently passed laws ending the former concepts of primary and secondary child custody as well as visitation, replacing them with "parental time-sharing." There is no use of the concept of “custody” in Florida. The change to time-sharing occurred when many secondary child custodians were caring for the child up to 50% of the time and often providing for the child, yet they were not allotted the same legal rights as the primary caregiver such as making important decisions for the child, yet they were still forced to pay child support. All of this gave the impression that secondary custodians were second-rate parents and had to schedule time to visit their child rather than be real parents. The newer timeshare designation allows equal treatment to both parents. While it is generally believed that a child benefits from spending equal time with both parents, the court still looks for the best interest of the child and rules accordingly.   

In the State of Florida, parents are encouraged to work together and submit a parenting plan to the court. The plan must include a time-sharing schedule that will define the time the child spends with each parent. It can also include a holiday time-sharing schedule, provisions for extra-curricular activities, education, child care, contact between the parents, contact between the children and parents, and out-of-state (or country) travel. If the parents cannot reach an agreement, the court will encourage both parents to work out differences and formulate a plan. If that still doesn’t work, the court will create a parenting plan for the family.

It is important to work with a knowledgeable attorney to determine a time-sharing schedule that works for both sides. The amount of time-sharing a parent receives will affect child support payments as well. If both parents enjoy equal time-sharing, then child support is still calculated using the Child Support Guidelines Worksheet, which is dependent on the parties’ incomes, percentage time-sharing, health insurance, and costs of daycare and uncovered medical expenses. Typically, as the payor’s percentage of time-sharing increases, the less he/she will pay in child support.

Even once a time sharing agreement is reached it may need to be adjusted as years go by. Children get older and their needs change. Parents might change jobs and their ability to stick with the time sharing schedule changes. Changes beyond a parent’s control may cause the time-sharing plan to be impossible to follow. Most times these changes can be addressed amicably. Other times some parents demand that the visitation schedule be strictly adhered to. These issues should be addressed immediately with the help of a family law attorney as soon as possible to ensure the rights of the parent are protected. When an attorney gets involved sometimes a simple letter to the other parent explaining the changes that have happened and suggesting a new schedule of visitation can be very helpful in moving through this change without conflict. The two ex-spouses can change the visitation schedule but the agreement must be approved by the court before it is enforceable.

If you have further questions about time-sharing or are going through a divorce and need guidance in establishing a healthy visitation plan, please call my office today. 904-241-0012 and see http://www.jacksonvillebeachlawyer.com/jacksonville-beach-family-law-attorney/jacksonville-beach-child-custody-lawyer.html

Your Attorney Informs You of the Latest in the Alimony Legal Feud

Alimony is a legal obligation on one person to provide financial support to their (former) spouse after marital separation or divorce. Typically in the past this referred to a man continuing to support the woman. However, in recent times this is changing. In America there is now a greater push towards gender equality in alimony cases. In today’s times it is more possible that the man may be entitled to receive alimony funds from the woman.

Florida legislation came very close to passing a reform bill that would have ended permanent alimony. Many are shocked that Governor Rick Scott, who was the final link in the bill’s passage, vetoed the bill in early May. Had it passed, Florida would have been the fifth state to end permanent alimony.  However, supporters of the bill say the battle is far from over and we can expect to see more debate on this issue in the future.

The bill raised controversy especially among female lawmakers. The concern was that people, predominantly women, who have been receiving long term alimony would see this income rescinded if the bill would have passed. These criticisms were met with little sympathy by House bill sponsor Ritch Workman who stated, “I am not interested in protecting women any more than men in this bill. This is a gender neutral bill.” Yet the bill was disputed to be largely male driven as it is typically men who are not big fans of alimony.

It seemed as if the bill would pass and many are surprised at Governor Scott’s stance. In his veto letter he stated his reasons:

Because the subject matter of this bill involves family relationships, numerous Floridians have forcefully expressed their views on the topic.  Many Florida families have been impacted by the difficulties of marital issues, both concerning children and starting over.  As a husband, father and grandfather, I understand the vital importance of family.  In weighing the issues associated with this bill, however, I have concluded that I cannot support this legislation because it applies retroactively and thus tampers with the settled economic expectations of many Floridians who have experienced divorce.

Folks who support the bill say it is unfair for people to continue paying an order that ties them to their ex-spouse for the rest of their life, even during retirement. But those who are against the bill say this legislation is anti-family and anti-women because it punishes women who stay home to support their children. Now they will have no choice but to join the workforce.

Proponents of the bill said it is impossible to maintain the same standard of living as before because one income now must be split between two households. Often times men who pay alimony find this situation puts them at a big disadvantage as they try to move on with their life, or need to support aging parents as the years go by.

Lately I’ve been working with a lot of divorce cases. I prepare you by letting you know in most cases you WILL have to pay alimony, the question is how much and for how long? But I will do everything I can to minimize your exposure. I will continue to follow this issue and keep you informed if and when another bill is presented, which is most likely at some point.  If you are facing a divorce please call my office today. You need someone on your side to ensure your best interests are protected. 904-241-0012 or http://www.jacksonvillebeachlawyer.com/lawyer-in-jacksonville-beach-florida.html

Making Custody Situations as Easy as Possible

 

If you are in a divorce situation and you have children. I strongly encourage the both of you to form a “parenting plan”. This will allow you to decide together what the best time split for your child(ren) is and is a customized plan for your circumstances. If the two of your work out your own plan that best suits your needs and the needs of the child, the judges don’t have to guess. Your plan can be presented to the court and the court will approve it as long as the custody and visitation rights are understandable.

This customized plan needs to be specific on the times in which the child will be spending time at each household. It also states who will be responsible for making large scale decisions about the child such as which school to attend, or which religion to teach the child. Find out more about this important topic in this article:  http://bit.ly/ZIwE6K

Why I Do What I Do

Opening a law firm has been such an interesting and exciting process. I started my practice out of my home. Eventually I moved to a small office space. Now we have just moved again into a beautiful large space. We’ve added a new attorney to the staff as well as another administrative assistant.

I am proud to have followed in the footsteps of my grandfather and uncle as the third generation to open a law firm in this area. My firm practices family and marital law. We specialize in divorce, custody disputes, alimony, military divorce, domestic violence, and relocation in St. Johns, Duval, Clay, and Nassau counties. I build relationships with my clients based on trust and respect. This allows me to offer excellent representation and the ability to focus on their goals during the litigation process. I offer them a better hope for the future.

I am on the Judicial Relations Committee of the Jacksonville Bar and have moderated the Family Law Judges sidebar luncheon and the Family Law sidebar luncheon with the General Magistrates. I speak frequently at events about the empowerment of women through divorce and alimony protection in divorce. Call me today to arrange a cost-free consultation: 904-241-0012, http://www.jacksonvillebeachlawyer.com/jacksonville-beach-attorney-consult.html

Getting the Truth About Domestic Violence and Restraining Orders

Domestic violence is a serious situation. Thousands of domestic violence situations arise each month. Luckily the process to get a restraining order in Florida is simple. Getting a restraining order, also called an injunction of protection, is free in our state.

Domestic violence refers to any of the following: any form of assault, aggravated, battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, and any physical harm caused by another household member. A common misnomer is that this only qualifies in a husband/wife situation. This is not true. Domestic violence also refers to ex spouses, any person related to you either by blood or marriage, a person who has lived in the same house as you, or the mother/father of your child even if you never lived together.

I’d like to share this resource with you on how to get a restraining order in the state of Florida and how to know if you need one. See this informative guide here: http://yhoo.it/14K0wqX

A Bit About Your Attorney, Heather B. Quick

-Graduated Summa Cum Laude from University of North Florida in 1998

-Juris Doctorate from Stetson University in 2000

-Assistant State Attorney in the 13th Judicial Circuit

-Opened law office of Heather B. Quick in 2010

-Third generation to open a law firm in Jacksonville Beach.

What Heather believes in:

- Relationships based on trust is what make her successful

- Helping you move through divorce to create a brighter future

- Preserving healthy family relationships and guarding the children’s best interest

- Re-instilling hope in your life and helping you get to the next chapter without fear or hesitation.

Call the office of Heather B. Quick : 904-241-0012. Learn more here: http://bit.ly/VpYaG6