Feb
12
Filed Under (Marriage) by Catherine
IC


What is the definition of child custody in this state? Who is entitled to that custody? Which state has jurisdiction and can children be moved out of that state? What can the party do if a spouse or ex. is in danger of removing the child from the court ordered environment.

Custody, in Florida means being responsible for the needs of a person under the age of 18; this can be further defined by the physical care and supervision of the child. The custodian has a court order for the right of physical custody along with the duty to rear, keep safe and discipline their charge. Medical, food, shelter, education and other material needs are to be provided.

Both parents are entitled to custody. There is joint custody; so ordered by a court. The public policy assures frequent and continuing contact with both parents. If there are extenuating conditions then a child can be put into home with an extended family member by a petition; temporarily. If there is “probable cause” such as abuse, neglect, or abandonment then that child can be “taken into custody” by a police officer or an authorized person and placed with a non relative.

In joint custody the court will order both parents to share responsibility, they will both retain their parental rights, and jointly make decisions in the interest of their child. If the child is able and has the intellect, the court may consider their participation in the decision. The court can consider both the parents’ desires, or may give one parent the ultimate responsibility for certain aspects of a child’s interests or share the responsibilities.

You will need to provide as much information as possible to the court for evaluation in the welfare and interests of the child. This should include information about you and the other party’s behavior and finances. A lawyer is recommended but not required. They are helpful in gathering, presenting, and convincing the judge.

Florida has the Uniform Child Custody Jurisdiction and Enforcement Act. The custody order will be issued in the state that can determine in the best interests of the child. Usually you file in the “home state” where the child has lived with a parent or person for (6) months immediately before the child custody proceeding started. There are exceptions to the “home state” rule such as: when there is “competent substantial evidence” of a risk that a party could violate a court order by removing a child from the state or country without the notarized written permission of both parents. However, providing this information may be difficult. There may be more and complicated steps where an attorney may be needed.

In summary, in Florida, child custody is being responsible for the best interests of a child to include shelter, food, education and other needs for the minor less than 18 years of age. Both parents are entitled to joint or shared custody so ordered by a court. The custody order will be issued in the state that can determine in the best interests of the child; usually the “home state” where the child has lived for (6) months immediately before the child custody proceeding started. When there is “competent substantial evidence” of a risk that a party could violate the court order by removing the child from the state or country a notarized written permission signed by both parents can be submitted.



damey


When you have been united by the bond of holy matrimony, it can be a difficult decision to part ways through a divorce. If you are a celebrity who has the misfortune of undergoing a divorce with his or her spouse then naturally the limelight is bound to be on your divorce case, like any other aspect of your life. The public is intimately involved in the lives of their favorite celebrities through the tabloids and an emotional event like a divorce is sure to generate much interest in a celebrity divorce case. Like any other legal case, a divorce too can be better handled if you have a competent and experienced celebrity divorce lawyer handling your case. Even if you are not a celebrity but yet want a high profile and successful lawyer to handle your case, you could still opt for the services of a lawyer handling celebrity divorces, albeit at a much high cost.

Now if you are wondering as to why you should hire a celebrity divorce lawyer at a higher cost when you can get any other divorce lawyer for a much lesser amount to fight your case. Well, there are very good reasons why you would have a better chance of getting the court decisions in your favor if you hire the best celebrity divorce lawyer. For one, the lawyer who is accustomed to handling celebrity divorces will have discretion as a top priority in his mind. Discretion is necessary in a divorce case as I am sure you or your spouse would not like to wash your dirty linen in public when you are filing for a divorce.

Secondly, a Celebrity divorce lawyer will be well accustomed to dealing with each and every aspect of a divorce case as he has always keen to win any celebrity divorce case he has handled and would be showing the same grit and determination in your case too as he has a reputation to maintain. Also, different states may have different laws pertaining to a divorce case and a lawyer who has handled many high profile cases would be well aware of such legal differentiations. Again, a celebrity divorce usually involves financial settlements of a huge proportion, so a lawyer used to dealing with such amount of financial settlements, will be comfortable in handling any settlement regarding assets or alimony, in your case too.

A divorce can be an emotionally and mentally exhausting experience not just for the couple but for their children, if any, as well. If your divorce also includes a clause of child custody then you would surely want to hire the very best celebrity divorce lawyer, even at a higher cost, because he would be well acquainted with all the loopholes in such cases and have sufficient resources to find a way out for the benefit of you and your children. So, if your marriage is unfortunately ending in a divorce, then you should leave no stones unturned and hire the best in the industry to represent you in a divorce case.



OoglePoogle


I’m writing a story about a girl who’s getting taken away from her father and the escape a custody battle trial. is this possible? do they go for a number of days, and the child would go home with the father between hearings? thanks.

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Steven Carlson


The overall cost of your divorce can be impacted by several behaviors you may be able to control. When a marriage dissolves there are several important topics that need to be addressed and sorted out such as child custody and visitation, division of property, and support. Recognizing the following 4 behaviors and how to manage them ahead of time may be able to help your divorce lawyer properly gather the information he/she needs to put your case together and can reduce your divorce costs at the same time.

(1) Having unclear objectives

(2) Being overly enmeshed in your case

(3) Using your lawyer as a therapist

(4) Expecting justice in the courts

Having unclear objectives

One of the biggest mistakes you can make at the outset of your divorce is to not know what it is you hope to accomplish. Before you begin filing or responding to divorce motions, you would be wise to discuss your goals, objectives, and what results you can likely expect with your divorce lawyer. Having such a discussion with your divorce lawyer can help reduce the chances of unnecessary litigation, help you understand what you can likely expect through your divorce, and what the costs may likely be.

Being overly enmeshed in your case

Divorce typically deals with topics that bring about high emotions and intensity, which may result in a spouse becoming overly indulged or enmeshed in his/her case. When this happens, it is not uncommon for a spouse to supply large amounts of irrelevant research material to his/her divorce lawyer, which can drive up the costs of attorney fees. Additionally, a spouse that is enmeshed in his/her case, may begin micromanaging their divorce lawyer’s work, which can create more work for his/her divorce lawyer and be counter productive. Setting clear objectives and goals and knowing what to expect from your divorce lawyer in advance can help reduce the tendency to become overly enmeshed in your case.

Using your lawyer as a therapist

Due to the high emotions that typically go along with divorce, it is not uncommon for spouses to begin venting or discussing problems they had in their marriage or how they feel about the other spouse with their divorce lawyer. Many times, these types of discussions are strictly emotionally based, add no value to the client’s case, and are discussion better suited for a therapist, not a divorce lawyer. Divorce lawyers are typically concerned with facts, not feelings. Additionally, the time a spouse spends in these types of emotional communications with his/her divorce lawyer can add up in costs very quickly. Before initiating communication with your divorce lawyer, decide if the communication is strictly to vent or to pass on worthwhile information on to him/her.

Expecting justice in the courts

Spouses many times believe that if they can just have their day in court, justice will prevail. Spouses who believe that the courts are going to give them justice are often misguided and end up extremely disappointed with the results. Better results and happier divorce endings are often accomplished through mediation and/or stipulated agreements. When a judge makes a decision, it is rarely a win-win decision for both spouses. To manage your expectations of justice in the family courts, you would be wise to consult your divorce lawyer to help you determine what results you can likely expect if your case goes to trial.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.



~Concern~


I’m supposed to be getting married soon to my current boyfriend and I need to get an divorce from my husband which I just found out is incarcerated. I need to know the procedures about going about this divorce. Quick question: Does he have to be in court in order for this divorce to be finalized.
I’m in the state of South Carolina and he in a jail in Maryland.

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