Tagged: Child Custody RSS

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  Michael Fender 10:38 am on March 22, 2010 Permalink | Reply
  Tags: Attorney (23), child contact, Child Custody, Divorce (25), Lawyer (15), Orlando (28)   

  Court-Ordered Electronic Communication Between a Parent and a Child in Divorce in Orlando, Florida 

  Florida has entered the 21st century with regard to contact between a divorced parent and child. Beginning in 2007, a trial judge in a divorce proceeding how has the legislative authority to order electronic communication between a parent and child in addition to regular time sharing. The guidelines for the ordering of electronic communication are as folllows:
  In connection with proceedings of dissolution of marriage or divorce or modification of a divorce, a court may order electronic communication between a parent and a child. Before ordering electronic communication, a court must consider:

  1. Whether electronic communication is in a child’s best interests;

  2. Whether communication equipment and technology to provide electronic communication is reasonably available, accessible, and affordable;

  3. Each parent’s history of substance abuse or domestic violence; and

  4. Any other factor that the court considers material.

  Notwithstanding the above, a rebuttable presumption is created providing that it is in the best interests of a child for a parent and child to have reasonable telephone communication. Unless this presumption is rebutted, the court shall order telephone communication. The court may set safeguards or guidelines for electronic communication.

  If the court finds that one or both parents will incur additional costs in order to implement electronic communication with the child, the court shall allocate such expenses arising solely from the electronic communication between the parents after considering the respective parent’s financial circumstances.

  If the court enters an order granting electronic communication, each parent shall furnish the other parent with the access information necessary to facilitate electronic communication. Each parent shall notify the other parent of any change in the access information within 7 days after the change.

  Electronic communication may be used only to supplement a parent’s face-to-face contact with his or her minor child. Electronic communication may not be used to replace or as a substitute for face-to-face contact.

  A party to a child custody order that does not prohibit electronic communication may move a court to order electronic communication. Such a party need not prove a substantial change in circumstances.

  The court may not consider the availability of electronic communication as the sole determinative factor when considering relocation.

  The extent or amount of time that electronic communication with the child is ordered may not be used as a factor when the court calculates child support.

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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 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 his office at 407-629-1886 or visit Attorney Michael Fender’s main website.

   

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  Michael Fender 11:08 am on February 25, 2010 Permalink | Reply
  Tags: Attorney (23), Child Custody, Divorce (25), Lawyer (15), Orlando (28)   

  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.

   
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  Michael Fender 5:46 pm on January 23, 2010 Permalink | Reply
  Tags: Attorney (23), Child Custody, Domestic Violence, Orlando (28)   

  Domestic Violence
  At the Law Office of Michael Fender, I have been helping men and women throughout the Greater Orlando area to deal with domestic violence-related issues since 1992. If you have a domestic violence concern of any type, please do not hesitate to call or contact my office.
  Stopping Domestic Violence
  Domestic violence is defined as violence that occurs in the home, usually between family members, spouses, or partners. If you are a victim of domestic violence, the first thing to do is call the police.
  Once the police have been called and you have been removed from any danger, you can request an emergency restraining order from the Clerk of Court. During this time, you should consider seeking out the advice and counsel of a domestic violence lawyer.
  My firm is very familiar with the procedures involved in obtaining restraining orders. We can go to court on your behalf, on an emergency basis and without notice to the perpetrator (in some cases), in order to get a temporary restraining order or permanent restraining order issued against the person who is hurting you.
  In order to get a long-term restraining order from the court, the alleged victim must have evidence that they are afraid of the perpetrator and that their fear is based on past domestic violence and the threat of future violence. If the court grants the restraining order, and the perpetrator violates the order, the victim can call the police and have the perpetrator arrested.
  Child Custody and Domestic Violence
  In the context of family law, particularly child custody disputes, restraining orders can be problematic. If you have a restraining order taken out against you, and you are involved in a child custody dispute, you will be at a disadvantage. It is important to seek legal counsel immediately in order to protect your civil rights.
  Likewise, if you are the victim of violence and have taken a restraining order out on someone with whom you are involved in a custody dispute, it is equally important to seek legal counsel immediately to ensure that the court hears all necessary and relevant evidence that your legal counsel can gather.
  My firm has handled many custody disputes that involve violence.

  Call today for a free initial consultation. We want to help you.

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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 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.