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  • Michael Fender 11:08 am on February 25, 2010 Permalink | Reply
    Tags: , , , ,   

    Initial Child Custody Jurisdiction in Orlando, Florida 

    Except as otherwise provided in Florida law, a Florida court has jurisdiction to make an initial child custody determination in a divorce or paternity case only if:

    (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

    “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. In the case of a child younger than 6 months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

    (b) A court of another state does not have jurisdiction under paragraph (a), or a court of the home state of the child has declined to exercise jurisdiction on the grounds that Florida is the more appropriate forum, and:

    1. The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with Florida other than mere physical presence; and

    2. Substantial evidence is available in Florida concerning the child’s care, protection, training, and personal relationships;

    (c) All courts having jurisdiction under paragraph (a) or paragraph (b) have declined to exercise jurisdiction on the grounds that a court of Florida is the more appropriate forum to determine the custody of the child; or

    (d) No court of any other state would have jurisdiction under the criteria specified in paragraph (a), paragraph (b), or paragraph (c).

    Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

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    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to child custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. If you are in need of a lawyer, please contact the office at 407-629-1886 or visit Attorney Michael Fender’s main website.

     

  • Michael Fender 10:58 am on February 17, 2010 Permalink | Reply
    Tags: , dissolution of marraige, , , modification, modify,   

    Modification of Final Judgment of Divorce or Dissolution of Marriage 

    Modification of Spousal Support or Alimony:
    One matter from a final judgment of divorce or dissolution of marriage which may be modified is spousal support or alimony which can be either an increase or decrease in the amount of financial support a spouse receives. Under Florida law, if the financial ability or the circumstances change then either spouse may request the court for modification of the alimony payment. Reduced or increased income of a spouse paying the alimony is not enough on its own for modification of alimony.
    In order to modify alimony, a party must file a supplemental petition with the court and serve the other side. The party who is seeking the modification must show the court that there has been (1) a substantial change in the circumstances; (2) that the change was not contemplated by the parties at the time of the final judgment of dissolution; and (3) the change is sufficient, material, involuntary, and permanent in nature.
    Alimony may be modified or terminated if the paying former spouse can prove the receiving party is involved in a “supportive relationship,” a relationship in which his or her expenses are being paid.
    Modification of Child Support:
    A party may also seek to modify child support either an upward or downward change in the amount of support a former spouse receives for the benefit of a minor child. Florida law authorizes the court to modify child support payments when the financial ability of either party changes or the child who is the beneficiary of an agreement or order as described reaches the age of 18, or 19 if still in high school with a reasonable expectation of graduation.
    Florida Statutes list three grounds for modification of child support: (1) when modification is found necessary by the court and is in the best interest of the child; (2) when the child reaches the age of 18; and (3) when there is a substantial change in the circumstances of the parties. The party seeking modification must prove that there has been a substantial change of circumstances and must show that this change is significant, material, involuntary and permanent in nature. A guideline change must result in a change of either 15% or $50, whichever is greater. Substantial change may be either the child’s needs or a parent’s income. Once the court finds that there has been a substantial change then the court must consider all of the statutory factors in recalculating the child support obligation.
    Modification of a Parenting Plan:
    Under Florida law the standard for modification of a parenting plan, time-sharing schedule or parental responsibility is to show that the circumstances have substantially, materially changed since the original determination and the child’s best interests justify the change.
    If a request is made to modify time-sharing or parental responsibility because a parent is activated, deployed or temporarily assigned to active military service and the parent’s ability to comply with the time-sharing schedule is materially affected, the court may only temporarily modify or amend the time-sharing if it is in the best interest of the minor child. However, the court is required to ensure contact between the military service member and the minor child by electronic communications, webcam, telephone and other available means as well as liberal time-sharing during periods of leave from military service. Upon return from active military service, deployment or temporary assingnment, the court is required to reinstate the original time-sharing schedule between the military service member and the minor child.

    ________________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. If you are in need of a lawyer for representation or advice, please contact Michael Fender’s office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 2:19 pm on February 15, 2010 Permalink | Reply  

    Establishing Paternity for Your Child 

    Has paternity been established for your child? Paternity has been established if:
    The mother and the father were married when the child was born,
    The mother and father signed an Acknowledgment of Paternity, or
    A legal order or paternity judgment identifies the man as the child’s father
    Paternity has been established if the mother and the father signed the birth certificate in the hospital
    If paternity has not been established, Attorney Michael Fender can help you.
    Why is paternity important?
    A child with a legal father is more likely to:

    Have a stronger sense of family
    Develop a strong bond with the father
    Do well in school
    Have better health care
    Have a more complete family medical history
    Receive child support
    Have inheritance rights
    Have rights to social security, veterans and other benefits

    Parents benefit from having paternity established too. Once paternity is established, a parent may
    Get an order for child support
    Have regular contact with the child
    Have a say in legal and other important decisions about the child including educational, religious, and healthcare

    What if the mother not sure who the father is or the father is not certain he is the father?

    A genetic test will tell you who the father of the child is.

    Is a genetic test required in all paternity cases?

    No. If the mother and father are in agreement as to paternity, then a genetic test is not necessary or required.

    Can an alleged father challenge paternity if an order has previously been entered?

    As of 2006 with the enactment of section 742.18, Florida Statute, a father can challenge previously adjudged paternity in certain limited circumstances and disestablish paternity.

    If you are a mother or father in need of legal representation with regard to a child born out of wedlock, please contact Attorney Michael Fender to schedule an appointment to review your rights and options.

    ________________________________________
    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 10:41 am on February 12, 2010 Permalink | Reply
    Tags: , , , , surname, wife, woman   

    Married Woman’s Retention of Former Surname 

    No statute or judicial decision in Florida requires a woman to take her husband’s surname when they marry. Based on custom, a woman may change her surname to that of her husband, but the law neither compels her to do so nor automatically converts it for her. Thus, a married woman may legally retain her former name by choice, intention and use.
    A woman who uses her husband’s surname has a right to subsequently establish her former surname as her legal name if desired. Any person who wishes to change his or her name must file a petition for name change and comply with the statutory requirements.
    A woman may also have her former name or maiden name restored in a final judgment of dissolution of marriage or divorce. Some women choose to retain their married name if there are children of the marriage. Most judges require that a wife testify that she has not declared bankruptcy under her married name, has not been adjudicated a felon, does not have any money judgments entered against her in the married name, and is not seeking a name change for any fraudulent or improper purpose.

    ________________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 9:56 am on February 11, 2010 Permalink | Reply
    Tags: , , , , ,   

    Attorney Michael Fender Profile 

    Michael Fender was born in 1963 in Kansas. In 1973, his family moved to Lakeland, Florida where he graduated from Lakeland Senior High School in 1981. Mr. Fender then attended the University of Florida where he earned a Bachelor’s degree in Finance with Honors in 1985. During his undergraduate years, Mr. Fender competed on the varisty debate team for his Sophomore, Junior and Senior years travelling to many different campuses across the country representing the University of Florida in debate tournaments.

    Upon graduation, Mr. Fender entered the work force. After taking a 3½ year break and working in the residential construction industry, first as a construction superintendent and then as an estimator and purchasing agent for two large homebuilders, Mr. Fender then entered law school at the University of Florida in 1989 and graduated in 1991.

    On the morning of April 29, 1992 and after waiting since childhood to become a lawyer, Mr. Fender learned that he had passed the bar examination with a combined score of 170 (130 needed to pass at that time) and immediately made an appointment with The Honorable Frederick D. Smith of the Eight Judicial Circuit to be sworn in at 11:15 a.m. that morning and became of member of The Florida Bar. After having clerked at several local Gainesville law firms as a law student, Mr. Fender immediately opened his practice in Gainesville, Florida and has remained a sole practitioner for the past 17+ years. In 1993, Mr. Fender moved his practice to Orlando, Florida and initially located in downtown Orlando. In 1995, Mr. Fender moved his practice to Maitland, Florida and in 2000 made a final move to his current location in Altamonte Springs, Florida.

    Mr. Fender has received a Martindale Hubbell rating of BV. This means that his peers have rated his legal ability from high to very high and his ethical standards as very high.

    Mr. Fender represented his first divorce client in 1992 and has represented hundreds since then. Mr. Fender practices in all areas of family law including divorce, paternity, domestic violence injunctions, child support and alimony modifications, custody modifications and stepparent adoptions.

    Mr. Fender provides criminal defense representation for all misdemeanors and felonies in Orange County, Seminole County, Osceola County, Volusia County and Lake County, Florida.

    Utilizing his construction background and training, Mr. Fender also represents contractors, subcontractors, suppliers, owners and homeowners in construction disputes including breach of contract, construction or mechanic’s liens, warranty claims and defenses and construction defects.

    Mr. Fender is also admitted to the United States District Court, Middle District, the United States District Court, Northern District, and the United States Court of Appeals, Eleventh Circuit.

    In his spare time, Mr. Fender raises two young children with his wife, Julie, collects antique clocks, antique tube radios, antique fans, antique bookends, antiquarian Americana books, and antique prints and paintings.

    _________________________________
    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 11:36 am on February 10, 2010 Permalink | Reply
    Tags: , , , ,   

    Child Born Out of Wedlock 

    The mother of a child born out of wedlock is the natural guardian and has the primary duty of support.” The term “born out of wedlock” generally refers to a child who was neither born nor conceived of a legally recognized marriage. The terms “bastard” and “illegitimate” are disfavored, but the term “illegitimate” still appears in some court opinions. A child who is either born or conceived in wedlock is presumed to be a child of the marriage.

    The father of a child born out of wedlock also owes a duty of support, unless the child has been adopted by another man. The father’s identity may be established by any of the following procedures:

    1. A paternity action.
    2. The father’s marriage to the mother.
    3. A foreign judgment of paternity.
    4. The father’s acknowledgment of paternity.

    A court may order support for a child born out of wedlock retroactively to the date of birth with a maximum retroactive period of two (2) preceding the date of the filing of the child support lawsuit. To determine the amount of child support that is necessary, a child born out of wedlock is treated as a child born of a marriage.

    The willful failure of the parents to provide support to a child born out of wedlock is a felony. A man cannot be held criminally liable for a failure to support such a child, however, unless a court of competent jurisdiction has first determined that he is the father.

    It is important to note that just because a child suppot order has been entered, the father has no rights of shared parenting or contact with the child until a court has adjudicated the father’s rights. After being served with a child support lawsuit, a father should hire an attorney if that father wishes to establish his rights of contact with the child, establish a parenting plan, and become involved in the child’s life.
    ______________________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Fender’s website.

     

  • Michael Fender 10:57 am on February 4, 2010 Permalink | Reply
    Tags: , , Mediation,   

    Mediation and Divorce 

    I always advise my clients of the option of early an alternative dispute resolution or mediation provided there is sufficient kowledge or discovery of the marital assets and marital debts involved in the divorce. An agreement mediated by my clients with the assistance of attorneys is likely to be a more comprehensive document than a judgment received after a trial. Therefore, mediation is a powerful mechanism for the quick and efficient resolution of a divorce case and is successful most of the time. In Florida, mediation is mandatory prior to setting trial or a temporary hearing. When mediation occurs, the lawyer continues to be involved but in a different role. One of the important and critical decisions to be made when deciding to mediate, or being required to do so, is the selection of the mediator that is appropriate for your case.
    In child custody and related issues, clients need to be cautioned as to the possible consequence of mediation. Mediation is usually viewed as a privileged session. However, a divorcing spouse airing his or her strengths may alert his or her spouse to weaknesses or strenths of the case, thereby providing the opponent an opportunity to strengthen his or her case.
    There also needs to be an understandubg of the dynamics of mediation. The mediator is simply attempting to facilitate the decision-making process and is not a decision maker. Unfortunately, when one party or their attorney is intractable as to his of her positions, the mediator may focus on the more flexible party to see if that party will move from his or her position. In these situations, one of the participants may sacrifice his or her positions for no apparent gain.
    A client will be unable to effectively mediate financial issues if he or she is unaware of the nature and extent of the family assets, liabilities, income, and expenses. The client should be conversant with the disclosure form and be comfortable in relying on it during the mediation session. If questions concerning full disclosure, accuracy, or the like exist, mediation is premature. To the extent valuations are necessary, the practitioner should work with the client to select either a joint or independent appraiser to appraise businesses, real estate, defined contributions plans, etc. Without valuations, the client in mediation could be taking on significant risk and the practitioner could ultimately be blames.
    Prior to mediation, the attorney should also discuss the disputed issues with the client and advise him or her as to how the law would be applied if the case were to be litigated. The mediator should not be expected to give the client legal advice.
    Last, the attorney should continue to counsel the client throughout the mediation process. The mediation agreement should be thoroughly reviewed for accuracy because once it is signed, there is little chance of having the agreement voided in whole or in part.
    _________________________________________________________________

    Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit Attorney Michael Fender’s main website.

     

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