There are cases where a non-custodial parent is unemployed and has little or no income. Even a person with little or no income can still have an obligation to pay child support. This is because a parent’s child support obligation can be calculated based upon his or her imputed income,…
Articles Posted in Parental Rights
What Can Happen When a Parent Violates a Parenting Plan?
Florida requires parents who are divorcing or are subject to a paternity action to have a parenting plan in place. A parenting plan can be agreed to or simply entered by the court. However, once the plan is entered into the court as an order, it is enforceable through the…
HOW IS CHILD SUPPORT TIED TO TIMESHARING?
Child support is essentially a payment from the higher income parent to the lower income parent. Child support and timesharing have an interesting relationship. The law values the child and parent relationship. A parent’s right to timesharing is not dependent upon being current in child support. It is a frequent…
Is Adultery a Factor in a Florida Divorce?
Adultery can certainly be a factor in a divorce. However, adultery is only relevant for limited purposes. Florida is sometimes referred to as a no-fault divorce state. This only means that proving fault is not required to obtain a divorce. There are only two reasons that are acceptable in Florida…
New Ruling by Florida Supreme Court Gives A Remedy For Biological Fathers in Paternity Cases
In Simmonds v. Perkins, No. SC17-1963 (Fla. 2018), the Florida Supreme Court decided to take up the question of whether a biological father is entitled to rebut the common law presumption that the mother’s husband is the legal father of a child born to an intact marriage, where the mother…
Angelina Jolie and Brad Pitt Custody Battle May Involve Parental Alienation
In 2016, Angelina Jolie filed for divorce from Brad Pitt after he got into an altercation with his son Maddox on a plane that resulted in an FBI investigation. You may have heard about the custody battle with their six children that has ensued. Recently, a judge apparently ordered “new…
Emergency Child Pick-Up Orders Can Offer Parents a Method to Enforce Custody Orders
When can you ask the Court for an emergency child pick-up order? If your ex-spouse or, if you have not been married, the other parent takes your child for timesharing and does not return the child, what can you do? What are your options if the child is taken out…
Can My Parental Rights be Terminated? Grounds for Termination of Parental Rights in Florida
Being served with a termination of parental rights petition is the first step to a complicated process in the state of Florida. A termination of parental rights petition must include facts alleging that at least one of the grounds listed in F.S. 38.806 has been met and that granting the…
Parental Rights, Sex Crimes
In 2009, a 14 year old girl was raped in Massachusetts and became pregnant. Her attacker, Jaime Melendez, pled guilty to rape charges and was sentenced to 16 years probation. He was also brought into family court and ordered to pay $110 per week in child support, according to a…
Co-Parenting Tip: Attitude is Everything
Much that happens in life depends on the attitude that we have about things. Co-parenting and raising children properly after divorce or a relationship with the other parent has ended is no exception. Having the right attitude is key. I’ll share a brief example using my son. My 15 year…