Tag: parenting classes

Parental Alienation Florida Divorce

Name: Jacobs Law Firm, PLLC
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Posted by Law Firm Admin on October 19, 2023

Parental Alienation Florida

Parental alienation in a Florida divorce can have a detrimental impact on your ability to coparent, and even worse, a harsh and lasting impact on your children. How to prove parental alienation in Florida is by documenting instances of alienation and possibly through minor child testimony if permissible and appropriate. For instance, one parent may accuse the other parent of being a cheater and tell the kids the other parent has wrecked their family through selfish behavior. Even if this may ultimately be proven, it is the preference of the family court that parents avoid belittling one another in front of/to the kids. It is not healthy for children to be in the proverbial crossfire of parents getting a divorce and playing a sort of blame game. Children are not pawns or messengers for your divorce. As you might expect, in a contested divorce case, accusations fly, emotions run high, and that means parents need to be mindful that at the heart of it all is a child caught in the middle. Lean about parental alienation Florida. Call Jacobs Law Firm today at 407-335-8113 to speak with an Orlando divorce attorney and Clermont family lawyer.

@divorceinflorida
Parental alienation does not help parents. It hurts kids. Before you run down your kids’ other parent, consider how your children will hear your words and how it will impact them. #coparenting #coparentinggoals #coparentingwithanarcissist #clermontdivorce #clermontfl #orlandofamilylaw
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Parental alienation Florida is intended to cause the kids to reject one parent and develop a sense of loyalty to the other. How to prove parental alienation in Florida? This poor behavior can manifest in various ways, from negative talking about the other parent, limiting contact with the other parent, creating fear of being alone with the other, or even falsely accusing the other parent of abuse. It is difficult to disentangle kids psychologically and emotionally from this sort of abuse. The Florida family courts prefer the kids have continuous and meaningful contact with both parents. Parental alienation in a Florida divorce achieves the exact opposite of what courts prefer.

As you may be aware, Florida family courts prioritize the best interests of the minor child first and foremost. Parental alienation is taken seriously because it can have lasting psychological impacts on the child and may harm the parent-child relationship. If a the judge determines that one parent is guilty of causing parental alienation, it can potentially lead to a modification in time-sharing arrangements, or some other form of relief such as the appointment of a parenting coordinator (among other potential outcomes).

How to prove parental alienation in Florida? The general evidentiary standard in cases where parental alienation Florida is alleged is that the moving party must show by competent and substantial evidence that the other party has committed the acts as alleged. McKinnon v. Staats, 899 So. 2d 357, 361 (Fla. 1st DCA 2005). For point of reference, one instance of purported alienation occurred in the case of Schumaker v. Schumaker where the father was alleged to have “consistently made degrading and obscene comments about the Mother. The Mother had a previous child out of wedlock prior to this marriage and the Father has made sure the minor children of this marriage know the circumstances of their half-sister’s … out of wedlock birth and routinely refers to the Mother in derogatory terms. The Father has told the minor son … that he does not have to listen to his mother and made derogatory statements about … half sister.” 931 So. 2d 271, 274 (Fla. 5^th DCA 2006). Call Jacobs Law Firm today at 407-335-8113.

How Long Does an Uncontested Divorce Take in Florida

Posted by Law Firm Admin on October 26, 2021

How long does an uncontested divorce take in Florida? Since there is no legal separation in Florida, after our Orlando uncontested divorce attorney has carefully reviewed a client’s factual circumstances, we spend time with our client to explain the timeline and procedures involved in their case. An uncontested divorce in Florida is based on the parties’ mutual agreement to work out and resolve all their issues without any litigation. All documents should be prepared, signed and notarized (where appropriate) before the case is filed to preserve its character. How long does an uncontested divorce take near Orlando, Florida? In Orange County, as in many other counties such as Lake and Seminole for example, there are unique procedural court rules your uncontested divorce attorney must follow. In counties such as Lake and Sumter, the procedure is generally routine. Speak with a family lawyer about your amicable dissolution of marriage by calling 407-335-8113. Did you know Jacobs Law Firm practices collaborative divorce in Florida? Find out if collaborative divorce is right for you!

How long does an uncontested divorce take in Florida depends on the parties’ ability to communicate and work together toward an equitable resolution of all issues. For example, if a case involves minor children, the parties will likely engage in extensive talks about pick-ups and drop-offs, overnight timesharing, holiday timesharing, childcare providers, education, and healthcare decisions. Mapping out the life of a minor child is a complicated process requiring the utmost of care and concern. One strategy that may be helpful is to have our client and the other party complete their version of a generic calendar to ensure the parties share common vision for overnight timesharing with the child(ren).

How long does an uncontested divorce take near Orlando, Florida depends again on the parties themselves and the court’s degree of availability. Cases involving both parenting issues and the equitable distribution of marital assets (including qualified domestic relations orders) and liabilities may take longer to prepare and formalize. It is common for spouses to have disagreements when divorcing. This makes the role played by your Orlando uncontested divorce attorney even more important. Is there such a thing as legal separation in Florida?

One of the best parts of helping clients with amicable divorces is getting to know them on a personal level. The life experiences and stories about raising children and successful career voyages are just absolutely amazing to hear. How long does an uncontested divorce take in Florida depends on the parties, the length of time the divorce attorney takes to draft the documents, and ultimately, it may depend on whether a judge’s docket is overloaded. Call Jacobs Law Firm 407-335-8113 today for a consultation about your amicable divorce.

How to Enforce a Child Custody Agreement in Florida

Posted by Law Firm Admin on June 21, 2020

If you need legal help from a divorce and family law/paternity attorney to answer how to enforce a child custody agreement in Florida, call the Jacobs Law Firm for help and guidance when you need it the most. Dial 407-335-8113 today. Your attorney may file a Motion for Enforcement (titled a Motion to Enforce Parenting Plan Florida or a Motion for Civil Enforcement/Contempt Florida Supreme Court Approved Family Law Form 12.960). This Motion does not need to include a count for contempt, though many argue it should. Consider several common situations among parents and decide how you may choose to respond. Placing yourself in the shoes of another parent is a challenge. It is only natural that the further removed two parents and/or former spouses are from their romantic relationship, there can be a degradation of trust about one another’s character and parental abilities and intentions. Over time, many parents see their communications dwindle and the resulting lack of information sharing may cause unforeseeable problems.

How To Enforce A Child Custody Agreement In Florida

How to enforce a child custody agreement in Florida is by considering whether you are prepared for additional litigation in your divorce or paternity case when there are minor children being affected. A Motion for Civil Enforcement/Contempt is designed to help a parent enforce a court-ordered parenting plan. A court has the discretion to enforce a parenting plan, and in doing so, may also hold the other parent in contempt which may involve certain financial or other severe penalties.

A Motion for Civil Enforcement/Contempt in Florida

A Motion for Civil Enforcement/Contempt in Florida is initiated by a parent that wants to inform the family law circuit court about the other parent’s inability, unwillingness, or outright refusal to comply with their Florida parenting plan. Timesharing is seldom honored to the letter of a parenting plan because life happens and circumstances change. Nevertheless, as mentioned earlier, clients may want to examine a few hypothetical situations and assess how you would respond. How to enforce a child custody agreement in Florida? Would you file the Motion for Enforcement only, or do you believe a count for contempt is the only way to assure the other parent’s compliance?

In scenario #1, Parent 2 is supposed to drop the child off every Friday after school to Parent 1’s house by 6:00 P.M. Instead, Parent 2 brings the minor child home and Parent 2’s girlfriend supervises the child until 8:00 at night before transporting the child to Parent 1’s house. Parent 1 is suspicious of Parent 2’s girlfriend and does not trust her driving safety. Would you file a Motion for Civil Enforcement/Contempt?

In scenario #2, Parent 1 is supposed to follow the clause in the parenting plan about a right of first refusal. Instead, Parent 1 often leaves the minor child at home overnight while Parent 1 goes on a work trip or engages in social activities at night. Parent 2 does not want their child left with a babysitter overnight and wants Parent 1 to abide by the parenting plan by offering them the right to timesharing when Parent 2 is away. Would you file a Motion for Civil Enforcement/Contempt in this situation to enforce the child custody agreement?

In scenario #3, Parent 1 does not allow Parent 2 to have telephone or video communications with their kids even though the parenting plan clearly specifies this should happen every night at 7:30 P.M. Would you choose to file a Motion for Civil Enforcement/Contempt to ask the court to enforce this portion of the parenting plan?

During your hearing on enforcement and contempt, the judge will hear evidence, the testimony of the parties and their witnesses, and will decide how best to resolve the issues before the divorce or family law court. If the court determines the parenting plan has been violated, the court may order the offending party to pay for the movant’s attorney fees, order make-up timesharing, impose jail time, modify the parenting plan, and a host of other remedies may be applied.

How to enforce a child custody agreement in Florida is by standing up for your rights as a responsible parent. Florida family law courts generally prefer that litigants resolve their own differences and work together to parent for the best interest of their children. When there is no reasonable alternative and the facts allow for a good faith Motion For Civil Enforcement/Contempt, call the Jacobs Law Firm paternity attorney Orlando and family lawyer Orlando for help.

Ultimate Decision Making Authority Florida

Posted by Law Firm Admin on February 5, 2020

Ultimate decision making authority Florida in a paternity or a divorce parenting plan is about ensuring the best interests of the children are met. Shared parental responsibility with ultimate decision making authority means, that according to the parenting plan, one parent will be able to make most if not all major decisions for the children. In this type of an agreement, parental responsibility will be “shared” and the parties must confer about major decisions impacting the minor children, but, ultimately, the parent with ultimate decision making authority over major decisions for the minor children has the authority to make the final decision. There is an important exception/caveat to this authority. Call us at 407-335-8113 to speak with a divorce attorney and a family law attorney today.

An exception to ultimate decision making authority Florida was recently propounded by the Fourth District Court of Appeal in the case of Clarke v. Stofft, 263 So. 3d 84 (Fla. 4th DCA 2019). The Court has added that if a parent is awarded shared parental responsibility with ultimate decision making authority, the parenting plan or the court must specify the areas wherein the parent will have this authority. It is not sufficient that this authority is generally stated without any identification of what those issues are that impact the kids.

@divorceinflorida
Parental Responsibility with Decision Making Authority in Florida is about mutually conferring on all major decisions for your children and if one parent disagrees, the parent with decision making authority generally will decide what is in the children’s best interests. #parentalrights #parentalresponsibility #decisionmaking #orlandodivorce #clermontflorida #divorcelaw Not legal advice. Call 407-335-8113 or visit www.jjlawfl.com for a consultation. Jacobs Law Firm is a divorce and family law practice with offices in Winter Park/Orlando and Clermont FL.
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Tie-Breaking Vote in Shared Parental Responsibility with Ultimate Decision Making Authority

Ultimate decision making authority Florida is often colloquially referred to as the “tie-breaking vote” in parental authority designations. This goes back to the principle that both parents must confer (hence why it is shared parental responsibility with ultimate decision making authority) on all major decisions impacting the minor child (at least those specified in the parenting plan), however, one parent has the tie-breaking vote if there is a disagreement.

What are some examples of shared parental responsibility with ultimate decision making authority and the tie-breaking vote being exercised by the parent with the additional authority? Hypothetical: Suppose Mom has ultimate decision making authority and the parenting plan specifies she has this authority over mental-health decisions impacting the child. The minor child has been disruptive at school and may need mental health counseling. Mom tells Dad about this issue, after which the parties spend hours discussing the child’s mental health, and then Dad refuses to consent to allowing the child to be seen by a counselor. Does Mom have the right to allow the child to see the mental health professional without the father’s consent? This is a tricky issue. On the one hand, Mom has the tie-breaking vote and the parenting plan allows her to make this decision. However, Dad’s consent in some circumstances may be required for the child to be seen by a mental health care professional. In a situation like this, if the parties need additional clarification, they may at any time for a motion for clarification or a motion for enforcement for an additional ruling from the court on this important issue. Shared parental responsibility with ultimate decision making authority is not always as clear an issue as one might imagine.

Hypothetical 2: Dad has the ultimate decision making authority Florida and tells the Mom that he wants to enroll the minor child in karate or tae kwon do for the child to learn self-defense. Mom disagrees with this and explains her objections to the child being enrolled in an allegedly dangerous sport. Mom refuses to give her consent. However, the parenting plan does not address this specific type of authority over extra-curricular activities. It is possible that despite Dad having the tie-breaking vote, this case could be one that needs to go before the court for further adjudication because the issue of extracurricular activities was not contemplated in the parenting plan and final judgment.

Jonathan Jacobs is a divorce attorney in Orlando and family law attorney in Clermont Florida. We work with clients when they need help with their divorce and family law cases. Our areas of practice include same sex divorce, paternity petitions, parenting plans, alimony, and child support matters.

Florida Parenting Class

Posted by Law Firm Admin on December 27, 2018

Attending a Florida County parenting class is a requirement in all family and divorce law cases in family law circuit court. A parenting class in Florida is a relatively short course that educates experienced and inexperienced parents on how to handle their conduct during and after parents separate. A parenting class required for divorce in Florida. If you have questions about the requirements in family law court call us at 407-335-8113.

Parenting Class in Florida Required for Divorce?

The reason behind the parenting class required for divorce in Florida Courts requiring the parties to participate in a Florida is for the best interests of their children. Divorce and separation can be tremendously difficult on people, both emotionally and physically. The Court feels it is best to compel parents to have some guidance, a helping-hand if you will.

Rather than defaulting to being irate over mom or dad’s behavior, a Lake County parenting class may guide the parties to take a step back and choose their actions and words carefully. Parenting is challenging when couples stay together. Being separated, no matter what the age of the kids, is truly difficult. Many of the parenting classes are called family stabilization courses. Generally, the parenting class providers must be approved by the Department of Children and Family Services (DCF).

Lake County Florida Parenting Classes Online

Are Classes Online?

Florida parenting classes may be found online and are brought to you by a variety of providers that meet the requirements of the courts and DCF. Some of the course providers offer an instant certificate option to avoid delays when you are in a hurry to comply with the Court’s requirements.

After you have finished taking your class online or otherwise, consider filing your certificate of completion as quick as is practicable. Do not forget to file the certificate, or you may risk avoidable delays in your case. Remember, Court requirements must be met or the Court will not grant your final judgment.

Jonathan Jacobs is a Clermont Divorce Attorney and an Orlando Florida Divorce Attorney who loves helping his clients every step of the way.