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February 19, 2018 by adm1n

What do the Super Bowl & Family Law Have in Common?

The New England Patriots and the Philadelphia Eagles played Super Bowl LII on February 4.  That game came after many arduous hours of training and studying, 4 preseason games, 16 regular season games, and at least 2 playoff games for each team.   It reflects a lot of preparation, a lot of work, a lot of managed stress.  Time has been spent preparing physically, mentally, and emotionally to get there.  Investments have been made to reap a return.  Each player’s body has been pushed strenuously, and some injuries have occurred.  Relationships may have been strained or lost.  Family and friends might have been put in the background.  Social life may have been ignored.

Going to the Super Bowl sounds like an exciting finality, but it means giving up some things to gain something really big.  And there is still a final decision to be made.

This process of getting to the Super Bowl parallels the process that a party works through in a child support, child custody or visitation, divorce, and any other family law case.  Each party is working to get to their “Super Bowl” to reach a final decision such as the support that’s needed for a child, the custody that’s in the best interest of the child, or the dissolution of a marriage that is irretrievably broken

In order to get to their “Super Bowl” there are some things that a party has to give.  There is preparation involved to begin and move forward in the process.  Time and money has to be invested by a party.  Personal time is used to prepare, review and compile documents. Parties must communicate with their attorney, and they may need to meet with a parenting evaluator or family counselor.  Costs of filing, of professionals, of transcripts, and of legal representation can be part of the investment in the process.  There can be physical, mental, and emotional strains on a party.  Hurt feelings and other injuries can occur.   Family and friends can be affected through this process and some relationships can be lost.  There may be rearranging of social and work schedules so that parenting courses can be taken, depositions and preliminary hearings can be attended, and mediation can be participated in.

Each party will need to give up some things to go for something that is really big.  The goal is to get to a hearing or an agreement.  A final decision will need to be made.

Not every team that makes it to the Super Bowl does this by winning every game along the way.  Just a look at this season for the New England Patriots and the New York Giants will attest to this.  Losses were made along the way, but those losses didn’t stop the teams from continuing to do what they needed to do when it mattered.  They continued on.

Parties in a family law matter must have the same resolve to get to their “Super Bowl”.  There may be a temporary loss.  There may be a compromise that is made along the way that a party sees as a loss.  Yet, they cannot lose sight of their goal to keep doing what is needed to move towards a final decision.  There’s a mentality that has to be maintained, a mentality of “We’re going to the Super Bowl!”.  Once there, you continue to do your best and strive for a “Super Bowl” decision in your favor.

Submitted by Cindy Farr,
Legal Assistant, Carroll Law, P.A.

Filed Under: Custody Tagged With: child custody, Florida Family Law

December 17, 2014 by blewis

Child Custody: Jurisdiction and Enforcement Act

handsWe live in a very mobile society and because of this there has been an increase in the need for judicial determination regarding intrastate custody disputes. A Florida court must have subject matter jurisdiction and personal jurisdiction over the parties in a family law matter in order to make a judicial determination regarding custody.

For example, if there is a divorce here in Florida and both parties and the children live in Florida at the time the Final Judgment is entered establishing custodial issue, but later one of the parents relocate with the children to another state. Sometime at least six months after the children have been living in the other state, issues arise and the parent still living in Florida wants to file a modification seeking majority timeshare of the children asking the court to move the children back to Florida. The first question which must be addressed is where should the modification proceeding be filed. Should it be filed here in Florida where the original action and one parent still lives or in the new state where the children and the other parent have lived for more than six months?

The Uniform Child Custody Jurisdiction and Enforcement Act [hereinafter UCCJEA] was enacted, in part, to attempt to avoid jurisdiction conflict with courts of other states in child custody matters, to promote cooperation between the different state courts so that the court which can best decide the best interest of the child has jurisdiction over the case, to discourage the use of the interstate system for continuing controversies over child custody, to deter abductions, avoid relitigating the custody decisions of other states in this state, to facilitate the enforcement of custody decrees of other states, to promote and expand the exchange of information and mutual assistance between the courts that are concerns with the same child and to make uniform the laws among the states enacting it. The UCCJEA was drafted in 1997 by the National Conference of Commissioners on Uniform State Laws and has been adopted in 48 states, including Florida which adopted it October 1, 2002, Fla. Stat. Section 61.501-542(2012) To read further about the UCCJEA, click HERE

Filed Under: Custody Tagged With: child custody

December 1, 2014 by blewis

Child Custody – Who Decides?

The issue of child custody is a usually a tremendously emotional part of any divorce.  It is often a recurring issue as  children grow, families move and situations change.

We frequently hear the question, “at what age can a child decide what parent they want to live with?”
Susan Carroll, Esquire, of Carroll Law, P.A., discusses this in a video message:

Filed Under: Custody Issues Tagged With: child custody

November 20, 2014 by blewis

Child Pick-Up Orders

CHILD PICK-UP ORDER 

This is the time of year when parents who have had their children with them for the summer usually have to return them to the majority residential parent to get them ready for school.  For many this is a time of grief at losing the day to day companionship of their children which they have been enjoying for the summer.  However, for some it is so unbearable that they simply do not return the children.  This last action while on the surface may seem like a good way to keep your child with you, simply is not.  Unfortunately this happens more often that anyone would think and no one is a winner.

If a child is kept by a parent and the final custody decree clearly states that your time with the child is limited to specific time during the summer, it is your obligation as a parent to return the child as the court order directs you to do.  Even where there has been abuse reported you still must take some type of legal action. First of all, it is a court order and we all need to obey the court’s orders or risks severe ramifications.  Second it is what being a parent is about, showing your children how to handle the difficult issues of life.

child custodyI have many parents who have come in during the summer timeshare period who tell me that their child has said he or she wants to stay with that parent and not go back.  The parent wants to file a modification of custody and timeshare now before the child is returned and keep the child with them.  This is really not a surprising statement from a child because most children do love both of their parents and they want to be with that parent all the time.  A child simply does not want to be away from either parent so they tell both parents the same thing.

Nevertheless, I, as legal counsel, must look beyond the wishes of the child and see if there is in fact a substantial change in circumstances that would warrant a change in custody and if there is we will file the appropriate documents and engage the court system.   If there is not then we will address issues such as counseling or other alternatives which in the long run may allow the parent to file for a change in custody in the future and actually prevail in their endeavors.

When a parent takes matters into their own hands by simply failing to return the child, they are more likely than not looking at a sheriff appearing at the door with a child pick-up order demanding the parent to immediately turn the child over to them right then.  This is very traumatic for all parties involved; however, imagine your child being turned over to a sheriff deputy, not understanding what is going on or why all of the sudden they are being taken from the home. There is nothing in that situation which is good for the child’s wellbeing.

The last thing any of us want is to have the sheriff involved so I would encourage all parents to carefully think through the custody issues, seek legal counsel and stay away from being the home the sheriff has to visit with a child pick-up order.

Respectfully Submitted by Susan V. Carroll, Esquire

Filed Under: Custody Issues Tagged With: child custody, modification

March 7, 2012 by blewis

BE the Standard in Your Community

In my last blog post, I told a fictional story to get your attention. It was a story of how quickly “the system” can literally remove a child from the custody of a loving parent. What does that have to do with YOU?

The point is that whenever there is a “power” in your life, which can use force to make you do what they think is correct and best for you – then you should have some ability to determine whom those people are in order to hold them accountable.

In the case of the mother who lost custody of her child,  she could go to the news and get them to tell her story. She could contact the mayor or the governor.  She could file a lawsuit right in her community’s courthouse asserting various legal principals.  If she did not get help, she could go to her neighbors and start a petition.

She could go to the local church where they know who she is and believe in her intergrity.  They can join together, go to the state legislature, and try to change the law.  If that does not work, she could tell everyone in her state what kind of people are in office and challenge them not to elect them anymore.  She could get someone to introduce new legislation.  She could exert intense effort to change the system.

So you see, YOU have a means of changing the system.

HOWEVER, on a larger scale, our rights are being systematically taken from us for the “benefit of the whole” (really?)  and we do not even know or understand how it is happening.

How do you suppose a country, formed by Christians, birthed out of a desire by godly men and women to have a place, a nation, wherein they could worship God, came to such a place that our Nation is in right now?

I submit to you, it has happened one bite at a time.  Just as in the case with the mom in my story, each step of the way, her rights were being taken from her and there was nothing she could do because it was “the Law.”

In our case, as a Nation, there are laws and treaties with other nations that keep taking away our rights and if we do not do something, then it will be too late.

I always say, “How do you eat an elephant?”  The answer is, “One bite at a time.”  Well, it works both ways.  We are headed toward radical change in our society and our lifestyle by passively allowing others to set the standard. Before we know it there will be laws enacted, which we simply cannot abide by and still maintain our personal Christian beliefs and convictions.

For example, treaties could be enacted with other nations where several of the smaller nations get together and decide that if they join as a voting block, they can enact certain laws that are beneficial to their way of life which they believe is the best way. Then, they enforce some of the small print in the treaty that may state if it is good for the majority then it can be enforced. The majority could be a block of third world countries who join together and become able to tell the United States what to do.  Or is could be as simple as you not going and voting because you think “what difference will it make.”

It is as simple as that and as complicated as that.

Apparently, a world system has decided since there is no other leadership, they will just take over.  It is a scientific fact that a void will be filled.  We, as a Christian nation, have left a void and it is being filled by a world system.

We have become so self-intrigued that we stopped participating in the world system to the point we cannot see what is actually going on in the world.  There will not be a need for war; it will just be done one bite at a time while we “eat each other.”  It would seem to be a perfect takeover plan.

We are losing the battle one bite at a time.  If we saw it coming, we would have done something about it.  As we lift up our heads, open the gates to allow the King of Glory to come in, we will then be able to see in which direction to move.

One bite at a time our right to live life under godly, moral standards is being taken from us.  This is not new to this world.  Even a brief, look through “His-story” will show that one conquering ruler after another begins a battle plan, take over plan, acquisition, one-step, one bite at a time.

Sometimes our government enacts  laws we do not even understand and it seem so far away from us.  It seems to have little bearing on how we live.  How is helping defeat laws that allow abortion or casinos or other such laws going to help the mom in my story get her child back?  Most of you would say it would not.  However, please help me here.  It is the many parts of the puzzle that make up the finished product.  WE CAN DO IT!!!!!! In Him is our strength!”

I hope I have stirred you with this ~ I speak to the Caleb spirit within each one of you and stir it up in order to take us beyond ourselves.  We are in the promised land.  Our tent pegs have been expanded from sea to shining sea; however somewhere along the way, we have allowed the enemy to move in with us.  He has established his camp in our midst.  Now is the time to start cleaning house. Why not start here and now?

Part 1 of this Series is HERE
Part 2 of this Series is HERE

 

Submitted by Susan V. Carroll, Esquire

 

Filed Under: Custody Tagged With: child custody

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Susan’s Corner

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QUESTION: My ex-husband and I were married for 11 years when we divorced. He just remarried and his new wife took his (and my) last name. I am worried about my children, especially the youngest,

Step Parent Visitation

QUESTION: When I married my wife, she had a child from another relationship. Her son was one year old at the time we married and I have basically raised the child for the last 8 years. I love

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