What To Do If Paternity Fraud Happens To You

Paternity fraud is an issue that has occurred to a surprising amount of men. Indeed, pop stars Michael Jackson and Justin Bieber have both written songs about the issue of this type of fraud. Michael Jackson’s “Billie Jean” came out in 1983 and if you listen closely to the lyrics you will realize what the song is about. Justin Bieber’s “Believe” came out in 2012 and touched on the very same issue! All of this of course begs the question: what are your rights when it comes to these issues? What can you do to fight it? That is the focus of this blog entry.

First of all, it is important for the respondent to understand the ramifications of Florida paternity fraud. This fraud occurs when a woman names a man as the father of her child when the paternity of the child is in doubt. Often, the woman will know full well that the child is not really the biological offspring of the man, but will just do so to claim child support from the man. Unfortunately, there are a number of men who have only found out several years after the fact that they were not, in fact, the biological father of the child. An individual that has determined they are the victim of paternity fraud will need to fully analyze the situation to determine what recourse they should look for.

Of course, the first thing they need to do is to contact a domestic litigation attorney as soon as possible who is experienced in Florida child support laws. Interestingly enough, a lot of men think that all they have to do is simply submit a DNA test to prove they are not the biological father and this will settle the issue. Unfortunately this isn’t the case. The reason for this is because of a tricky legal phrase called “the best interests of the child.” If several years have passed where the complainant has acted as the father of the child, a negative DNA test may not be sufficient to convince a court to vacate Florida paternity and child support expectations. In actuality, about the only way for a court to vacate a child support order would be for the man to be able to prove that the fraud has taken place. In that vein, there are a number of questions a man facing a false paternity case should ask themselves.

Some sample questions regarding this would be this: did she ever tell you that you were not the real father? Did she tell anyone else that you weren’t the real father? Did she send you any emails, make any phone calls, or do anything that is retrievable that would prove you weren’t the real father? If so, you just might be able to get a court to set aside a Florida child support order and establish Florida paternity fraud.

When it comes to Florida paternity laws, you also need to understand there are a number of ways a court looks at the father relationship. First, there is the “acknowledged father” who admits that he is the biological father of the child. Next, there is the “presumed father” who is someone who married the mother, tried to marry the mother, or was married to the mother when the birth took place.

With Florida paternity laws, a couple other factors in a case would include timing and whether the presumed father can determine who the biological father is. Of course, timing is everything. Contesting the paternity should ideally happen right after the presumed father suspects the child isn’t his. Moreover, if the presumed father knows who the biological father is, there are cases where he has been able to successfully sue him for restitution.

Of course, if you are questioning whether you are the biological father of a child, time is of the essence. Contact a domestic litigation attorney as soon as possible to go over your rights and what avenues you can take regarding your Florida parental case.

Ways To Make Divorce Easier On Children

Divorce is not easy on anyone, especially the kids. While the marriage may be over, both parties still owe their children love, attention, and support in all forms. In order to make that happen, it’s crucial for both parents to ensure their kids know they are there for them. Here are six approaches that many Orlando divorce attorneys will suggest to clients who want to make divorce easier for the children.

1. Tell Them Together

It’s the ethical responsibility of both parents to sit down with the children and explain that the family is about to go through an Orlando divorce. While it’s not necessary to provide specifics about the reasons behind the divorce, do help the kids understand that the end of the marriage does not mean the end of the family. It just means not everyone will be living under the same roof and that a plan for child custody will be created.

If the kids need to vent, let them. The focus here is not on what the parents are feeling. It’s about helping the kids to understand what’s happening. That may require hearing some hard words from the children, but it’s better for them to let it out now than try to keep it in.

2. Create and Abide By a Reasonable Visitation Schedule

A child custody arrangement can take on many forms. One parent may have sole custody while the other is granted visitation rights. Even in a shared custody arrangement, one parent will serve as the custodial parent while the other party is designated as the non-custodial parent. The goal of the court and the Orlando divorce attorney is to ensure the children have regular access to both parents via a workable time sharing plan.

3. But Be Flexible

While there’s a time sharing plan in place, remember to be flexible. If a child has a school activity on a visitation weekend, work together to reschedule the visit. Alternatively, the non-custodial parent must be willing to step in and help if the custodial parent is ill or needs to be out of town at a time other than the regularly scheduled visitation weekend.

4. Never Use Visitation to Punish the Other Parent

Always remember that visitation after an Orlando divorce is about maintaining a healthy and loving relationship with the children. It’s not about whatever negative feelings the former partners have about one another. Never withhold or otherwise use visitation time as a way to get back at the other parent.

This means that custodial parents should do everything possible to ensure non-custodial parents can see the kids according to the child custody arrangement. In like manner, non-custodial parents should make sure the kids are returned to custodial parents on time.

5. Don’t Fight in Front of the Children

Whatever went on before the Orlando divorce, the two parties with shared custody should never fight in front of the kids again. Even when it may be difficult, remain civil to one another when the kids are around. Should the need arise to have a heated discussion, it can take place away from the children. If necessary, the two lawyers who helped create the child custody arrangement can intervene and help the parents avoid involving the kids in whatever is causing the issue.

6. Never Speak Negatively About the Other Parent in Front of the Kids

Even when the other parent is not around, it’s important to not speak negatively about the other party in front of the kids. This can be a little more difficult, especially if a child is complaining about the other parent. Even when it would be so easy to talk about how childish, immature, or irresponsible the other parent happens to be, resist the temptation.

An Orlando divorce attorney can help the client navigate the legal system and create a child custody arrangement that’s in compliance with current laws. The attorney also has a lot to offer about making the divorce easier for the kids. Take those suggestions to heart and use them at least until the kids are on their own. In the long run, the children will adjust with less difficulty and be assured that both parents still love and want them.

Questions To Ask Before Hiring A Divorce Lawyer

A divorce is a very serious matter. Each member of the partnership needs to make sure their needs are met. One of the best ways to resolve the dissolution of a partnership is with help from an Orlando divorce attorney. A divorce lawyer can offer many important services. The Orlando divorce attorney serves as the client’s voice during the divorce proceedings. They make sure that the Orlando divorce proceeds smoothly. They can also help with other issues such as child care arrangements, fiscal support and the division of any existing properties held in common. Before speaking to a divorce lawyer, it’s a good idea to think about the kind of questions to ask during any meeting. This can help any client narrow down their potential lawyers and decide which one is right for their specific circumstances.

Area of Practice

One of the most important questions that anyone seeking an Orlando divorce lawyer should ask is about the lawyer’s area of practice. Find out if the lawyer specializes in divorces. Some may only do this form of legal assistance only occasionally while others do more divorce cases each year. Ask them how long they’ve been practicing divorce law. A lawyer may be what is known as a certified family specialist that indicates many years of experience in this area. If you have a complicated Orlando divorce, this can be an example of someone with much needed expertise.

Strategic Examples

It’s a good idea to have documents with the basics of the case laid out in advance before showing up. Doing so can help the lawyer provide the kind of answers that people need as their case begins. A lawyer should be able to examine the documents in question and then offer suggestions about what may happen going forward. The lawyer can indicate roughly how long the case might take to resolve and what kind of relevant legal issues might apply in their client’s case. They can also indicate what strategies might work best and what approaches may be less indicated in order to get at the desired outcome.

The Number of People

A client should know how many people will be working with them. A large firm may have an attorney on staff entirely devoted to the practice of divorce law. In that case, that person will be their contact as the case continues. Find out all who will be working on the case. This includes any paralegals as well as other legal professionals. Ask if it is possible to meet with everyone who is working on the case before it begins. Putting a human face on a case can serve as motivation for staffers that leads them to put even more effort to get to the best possible results.

Kinds of Costs

Costs are a major factor during and divorce. It’s good to find out as much as possible about all fees related to any divorce. Any divorce lawyer should be able to answer all questions related to billing well in advance. Ask about the estimated total cost. Keep in mind that this can be hard to estimate until the case begins. A good attorney will say so to their clients. Ask about communication with the other person and any attorney they hire. An attorney should be able to indicate hourly costs as well as any other costs such as the costs of investigator and any other officials that might be involved in some way.

Asking such questions can help anyone find the right legal help during all stages of the divorce.

Is A 50/50 Time Sharing Good For A Child?

Children are the ones who should be considered first in a divorce or paternity case. There is no one-size-fits-all when it comes to determining what is in the best interest of a child. Every family and situation is different. While a 50/50 time sharing solution may be perfect for some families, it may not be ideal for others. Even though most people agree that all children need to spend quality time with both parents, joint custody may not always be best for a child. Parents going through a divorce or possibly a paternity action should focus on their own relationship and the effect it can have on the child. While some children flourish with a 50/50 time-sharing arrangement, there are several circumstances where this is not the case.

Parents Living a Long Distance from Each Other
It would not be fair to a child to have to travel back and forth during the school year to be able to attend a chosen school. It would require the child having to travel much earlier in the morning and would limit participation in after-school extracurricular activities. A child needs a consistent schedule to be able to maintain academic performance. The travel time from one home to the other makes it difficult to get adequate rest and keep up with homework.

Children with Special Needs
A child with autism, ADHD, developmental delays, or a physical or medical condition is easily frustrated by change. It is plausible that one parent works better with the child than the other. Constantly changing the environment is probably not in the best interest of this child. Joint custody is probably not in the best interest of a child with special needs.

Legal and Physical Child Custody
In an Orlando divorce case, the parents can choose a parenting plan outside the courtroom if they can agree. A parent with legal child custody is responsible for making decisions regarding medical care, discipline, religion, and education. Physical custody refers to the location where the child will reside once the child custody decision is made. Child support decisions are usually based on both parents’ ability to maintain a child’s current lifestyle.

Research Results are Inconclusive
Child custody issues have been debated for several years. Much of the psychological research that has been conducted supports that equal time-sharing visitation may be best for some children, but not for all. This arrangement only works when each family devises a schedule that best suits their own current situation. The dynamics of all families are different and requires parents to agree on a parenting plan that is in the best interest of the children. Joint custody and shared custody allow children to have substantial contact with both parents. Child support is not a big issue with parents who work together.

A Family Law Assessment Can Help Determine the Best Custody Arrangement
An experienced family law attorney can offer legal advice for families attempting to negotiate child custody issues in an Orlando divorce. Erin E. Morse and her competent staff handle all issues that may arise with a couple going through an Orlando divorce. She can explain the benefits of having two parents who are involved in their children’s lives on a daily basis. Shared custody or joint custody allows parents to e share the responsibility for raising the children equally. As a family law attorney, Erin E. Morse helps families make the tough decisions that must be addressed after an Orlando divorce. Issues such as child support and visitation schedules require sensitivity and empathy when determining what is best for children. Joint custody is all about positive co-parenting and is the answer for many; however, it may not be the answer if one parent is more involved with the children than the other one.

My Ex Just Got Served The Divorce Papers And Now They Are Angry

Divorces are typically a time of heightened emotion and stress. Almost always, there is some amount of surprise for the spouse who receives a divorce petition, but for some spouses, that surprise turns to anger. So what do you do if your spouse gets angry after receiving your petition for divorce?

How Normal Is This?

Although there are some situations where spouses are in full agreement leading up to a divorce, most spouses do not react well to being served divorce papers. A thorough divorce petition, especially one drafted by a divorce lawyer, will include a number of claims and ask the court to award everything that you are entitled to receive. This can be overwhelming, surprising, and sometimes angering for your spouse. However, it needs to be this thorough in order to prepare for your best possible case.

What Will Your Spouse Want?

A spouse who has become angered by divorce papers will often make several requests of you. These might include dismissing your divorce petition, coming to a settlement or “agreement,” or going through mediation without the assistance of a divorce lawyer. However, it is important that you do not back down. Even if you are interested in settlement, you should be sure that any negotiations take place with the help of your divorce lawyer.

Don’t Retract Your Divorce Filing

The only way your case will ever get to a judge is if there is a divorce filing in the system. If your ultimate goal is to get a divorce, retracting or dismissing your petition will only delay or prevent you from getting a divorce.

How Well Do You Communicate, Really?

It is likely, if you are divorcing your spouse, that the two of you do not communicate very well. Settlement agreements need to be very thorough and should include several disclosures about your finances and assets. Otherwise, you may come to regret reaching this agreement. Remember, even as your spouse tries to pressure you into a settlement on your own, you can always reach a settlement with the help of an attorney who will work to protect your rights.

Mediation is Mandatory

Your spouse may try to encourage you to enter mediation as an “alternative” to divorce proceedings. However, mediation is a step in all Florida Divorces, as well as Florida Paternity actions. Your spouse might also suggest that you go through mediation without the assistance of an attorney. However, your divorce attorney can keep you informed of your rights and the consequences of any agreement that you might make.

How to React

Along with these requests, your spouse may express their anger in other ways, like calling you names, calling your lawyer names, or making legal threats. The best thing you can do is to ignore this behavior. Keep a record of how they react; save the angry text messages and respond politely, if you respond at all. This can all be potential evidence in court.

However, you should also remember that their reaction is not necessarily a reflection on who they are as a person or a parent. Your spouse has experienced one of the worst days of their life. Hopefully, a week or so after receiving divorce papers, they will calm down, and whatever minimal interactions you must have during your case can be as polite and calm as possible, given the situation.

How Child Support Gets Determined In Florida

When a couple goes through a divorce in Orlando, the court requires the non-custodial parent to pay child support. Florida has specific statutory guidelines to calculate the amount of support that has to be paid. Shared custody or joint custody are issues that can be a determining factor in how much support a parent will be ordered to pay.

In the state of Florida, like all states, child support is a requirement due to it being the right of the child rather than the parents. Sadly, a number of parents who are forced to pay support feel slighted or that the custodial parent is out to get them. This is not the case. Minor children need and are entitled to support. Child support is used to cover a child’s basic needs including food, shelter, healthcare, education, and more.

If you live in the city of Orlando, you will need to find an experienced Orlando divorce attorney to help answer all of your questions and supply you with the information you need. Not all support issues are cut and dry. You can receive counseling regarding child custody and how joint custody can affect your support case.

The Income Sharing Model

The income sharing model is used in Florida to determine the amount of support spent on the children had the couple had not divorced. The number amount is divided between the two parents based on income. However, the courts have wide discretion when setting the amount. This model is more of a guideline, and it is not etched in stone. Other factors such as joint custody will also determine the amount of support that will be paid.

Financial Affidavits

Florida requires both parties to give a listing of their financial earnings and holdings. Earning calculations are based upon the following:

  • Salary or wages
  • Disability income
  • Business income
  • Unemployment
  • Pension and retirement
  • Rental income
  • Royalties and trusts

In Florida, there is a basic child support calculator that determines the maximum amount of support to be paid. There is an income cap at 50%. Child custody issues can also play a role, in this calculation.

  • 1 child – 20% of income
  • 2 children – 28% of income
  • 3 children – 32% of income
  • 4 children – 40% of income
  • 5 children – 45% of income
  • 6 children – 50% of income

Child Custody Issues And Support

Issues of support can be very tricky when dealing with an Orlando divorce. In cases of joint custody, the amount of support can be changed. However, if shared custody is agreed upon and both parties have similar finances, no support will be required by either party. In fact, when both parties have similar finances, you can often determine who is going to handle healthcare for the child and who pays for educational needs.

A seasoned Orlando divorce attorney can give you all the information you need regarding child custody and support. In all divorce cases involving minor children, a parenting plan is required, so that both parents can be in agreement regarding the needs of the children.

How Long Is Support Paid?

Support is paid until the child turns 18. But can be extended to when the child turns 19 if they are still in high school or later if the child has certain disabilities that would require long-term support. Additionally, if you are in arrears, you will be responsible for that amount regardless of the age of the child/ren.

If you need more information, you should hire an attorney with experience with Orlando divorces. One of our attorneys will help you understand how joint custody and child custody can play a role in support. They will also give you guidance on a parenting plan, and how that will help if custody is shared.

What Are You Waiting For?

The longer you wait to get everything in motion the longer it is going to take to put everything behind you.  Contact Us Today and we will help you “Find Your New Normal”

Contact Us

How To Protect Yourself Online: Divorce and Social Media

When spouses have come to the conclusion that their marriage just isn’t worth saving anymore, their only option may be divorce. Unfortunately, it’s all too common for the situation between two people once very much in love who vowed to share their lives to become ugly. However, even if there seems to be an amicable split, social media use is something that can lead to problems. It’s important to be wise about websites like Facebook, Twitter, Instagram and others during an Orlando divorce.

Avoid Posting Certain Things During a Divorce

Of course, there are always hurt feelings and feelings of resentment when people are going through a divorce. It may be one’s first instinct to simply vent away on social media about how they truly feel and to trash their ex, but this can land a person in hot water. In general, nobody wants to post their entire life on their Facebook page, but it can result in big trouble once they appear in the family law court for an Orlando divorce.

If the couple has children, especially if they are minors, it’s important they take care regarding what they post. Posting stories and images that boast a newly single status, such as bar-hopping or partying, can result in the individual being perceived as an unfit parent. That can lead to a custody battle with their former spouse during the divorce proceedings.

An Orlando divorce attorney would also advise against sharing stories and photos of new, extravagant purchases the individual has made during this time. It is advised they refrain from posting images of a brand new car, home or vacation. Even if the person mentions buying that brand new $1,000 iPhone, it can be poorly perceived as splurging and bragging about it on social media.

Additionally, if the person has a new love interest, they will naturally want to post pictures of them. If they do that, it’s important they ensure to keep the pictures private. However, it’s equally important to keep in mind that if they share mutual friends with their former spouse on the social media platform, it’s possible for those people to talk. Another option is to wait until the divorce is final before posting such pictures. A family law attorney representing the individual’s spouse might misconstrue things and paint the person in an adulterous light during the divorce proceedings.

Other Risks to Keep in Mind

If the person is like many people, they might have even shared your online and other passwords with their spouse. This is very common and can show a significant other that there is a wholehearted amount of trust. However, if a marriage is ending in divorce, it can make for a sticky situation. A person’s ex can log into their social media and other accounts when they don’t want them to. While people are going through an Orlando divorce, it can lead to a number of problems as there is plenty of anger and hurt feelings. If a former spouse changes a password, it can really wreak havoc. Once the couple is officially going through with dissolving their marriage, it’s wise should change all passwords. It might be a pain, but it’s for safety’s sake.

Family law can be a complex and emotional subject. If you have any concerns or questions about your social media usage during the course of your divorce, the best thing to do is speak with your Orlando divorce attorney. A family law attorney can provide you with essential guidance about how you should conduct yourself both online and in person to make your divorce as smooth as possible.

What Are You Waiting For?

The longer you wait to get everything in motion the longer it is going to take to put everything behind you.  Contact Us Today and we will help you “Find Your New Normal”

Contact Us

Modifying A Parenting Plan, What Do You Need To Do

When divorce happens in a family with children, it is essential to promptly handle the matter of legal custody. In most cases, a family law attorney needs to be involved in this process. The divorced couple is then tasked with modifying the parenting plan.

Disagreement Between The Ex-Spouses/Parents

Oftentimes, one ex-spouse is fighting the other for sole custody. However, a judge may decide that shared custody is better for the child or children involved. They will approve or disapprove the proposed parenting plan presented to them. If ex-spouses later become interested in a modifying parenting plan, they must adhere to the judge’s decision.

How To Modify A Parenting Plan

There are several steps that need to be taken in modifying a parenting plan. General steps that everyone must follow are filing paperwork for the modifying parenting plan and explaining and documenting any relevant changes. Once the proper paperwork has been submitted, the modification hearing can begin.

Modification Hearing

Altering a custody arrangement involves participating in a hearing. During this hearing, parents must prove to the judge that their life has changed somehow or their child’s has.

The larger the lifestyle changes are, the more involved the modification becomes. A custody arrangement can only be altered due to life changes if certain factors are relevant. This includes the safety of the child’s home environment, a new family situation and a new work schedule for either or both parents.

Documentation must be shown by a family law attorney to a judge in order to change a custody arrangement. For example, some parents will present a custody journal. This would be a written record of any problems arising with the current custody arrangement. One parent can have the arrangement changed if they can prove the other one is unfit. Having a family law attorney is important when this needs to be proved in court.

It is important for both parents to remember that the modifying parenting plan must reflect what is best for the child or children in question. Sometimes this means child support is increased if one parent is struggling to support the child financially.

Ex-Spouses/Parents Working Together

Ex-spouses that can reach a compromise peacefully can draft a parenting plan on their own. As long as the plan is filed in a court of law, it is generally approved by the judge. Those that can compromise often agree to shared custody.

For parents that want to compromise but are struggling to do so, a family counselor can provide assistance. He or she will help create a parenting plan that both parties are comfortable with, avoiding modifying parenting plan.

Conclusion

No matter what the circumstances are, the outcome of a parenting plan should always be positive. An effective family law attorney will fight for child support along with anything else essential to the agreement. Child support can be changed by a judge, making a family law attorney necessary. All involved parties working to reach a common goal will have to put the child’s needs first.

What Are You Waiting For?

The longer you wait to get everything in motion the longer it is going to take to put everything behind you.  Contact Us Today and we will help you “Find Your New Normal”

Contact Us

9 Rules You Need To Make Joint Custody Work

Child custody and child support issues are often singularly looked at as a legal issue. While the legalities are important and an Orlando divorce attorney will play a major role in the divorce’s terms, there are also some things parents should be doing on their own to make child custody work for both parents and children. From sharing holiday time, drop-offs and pickups, and coordinating schedules, it can be a lot for parents in a shared custody arrangement, especially when the two likely didn’t have much to agree on and common ground when married.

Experts Say Cooperation Is Key To Joint Custody Arrangements 

Author of “Putting Children First: Proven Parenting Strategies to Help Children Thrive Through Divorce” JoAnne Pedro-Carroll says that studies have shown mutual cooperation, agreement on terms, respect, and proper emotional management are key factors to custody arrangements working out well. Ensuring these qualities are present makes it easier for children and parents alike to adjust to the family unit changes associated with Orlando divorce. How can parents help make sure these factors are present in joint custody? Check out these nine rules.

Nine Rules To Make Joint Custody Work

1. If There’s Nothing Nice To Say, Then Keep Your Mouth Closed

Divorce and child support arrangements can be bitter and full of resentment, but don’t speak poorly about the ex in front of nor to the children. Children are made up of both parents, and hearing negatives can be internalized by the child and transferred into parent-child relationships in ways that have everything to do with the ex as a spouse and nothing to do with them as a human being or parent. Plus, the child, as part of that ex, may feel like the degrading remarks extend to them as well. Remember, while parents may not love each other any longer, the resulting children will always love both. Justified or not, keep negative remarks away from children’s impressionable minds.

2. It’s 100% About The Children

While the Orlando divorce was about two spouses calling it quits, the child support and child custody aspects are all about the children. MensFamilyLaw.com attorney and author of “ A Man’s Guide To Child Custody” David Pisarra points out that divorce can cause a tunnel vision on personal hurts and wrongs that often blinds divorcing parents to the greater good of the children in joint custody. Time with a child is a gift, not a prize, and that gift isn’t in the form of a parent getting equality or exactly what they want. Shared custody is setting egos and wants aside to value what’s best for the child above all else.

3. Be Realistic

Whether it’s insecurity, retribution, or greediness, many parents make unrealistic custody grabs that their schedules and commitments can’t possibly accommodate. Los Angeles divorce attorney and author of “It Doesn’t Have to Be That Way” Laura Wasser suggests to take emotions out of the custody equation and look at the scheduling and commitment facts alone, much as a business transaction would transpire.

4. Factor The Child’s Needs In Making The Custody Arrangement

Consider the following:

• Child’s school, extracurricular, health, and other scheduling needs.
• Child’s age and personality.
• Child care arrangements.
• Travel distance between homes and daily child-related obligations.

When it comes to age, infants are generally primarily with the mother. Toddlers and up usually have an alternating custody plan. Most mental health practitioners recommend the frequent transitions of a 2-2-3 plan for younger children and a more flexible 2-2-5 arrangement or alternate week plan for older children. Here’s how those usually work:

• 2-2-3 plan

On week one, one parent will get the child Monday, Tuesday, Friday, Saturday, Sunday and the other on Wednesday and Thursday. On week two, the schedule flips for the parents. It continues to alternate this way so that the child isn’t without either parent for any extended period of time.

• 2-2-5 plan

One parent get the child Monday and Tuesday and the other on Wednesday and Thursday. Friday through Sunday is alternated between the parents. This is the preferred schedule for older kids that have their own unique schedules and obligations.

• Alternate week plan

Alternates with one week with one parent and the next week with the other parent.

5. Keep The Bad Spouse Element Out Of The Equation

While the Orlando divorce attorney likely asked a plethora of questions about the ex as a spouse during the divorce, this is no longer about the ex’s spousal qualities. The focus is now on parental qualities. Being a poor spouse doesn’t equate to being a poor parent. Study after study has shown that children universally benefit from having both role models in their lives. The marriage might’ve failed, but that doesn’t mean co-parenting has to fail. Just be sure to keep emotional and personal baggage out of co-parenting.

6. Find A Way To Communicate

Communication is key to co-parenting. OurFamilyWizzard.com offers all sorts of calendars, common doc storage, message boards, and expense logs so that both parents can remain on the same page. If face-to-face communication can’t be amicable, then use the technology available to communicate agreeably, effectively, and efficiently. Miscommunications and freezes ultimately only hurt the child.

7. Balance Battles And Challenges

Of course, there will be parenting facets that aren’t always going to be a united front. Some facets will require one parenting challenging the other’s methods, but, in most cases, such conflicting parenting styles can be resolved with open, rational, and direct communication. If an agreement can’t be reached, each parent needs to ask themselves if the battle is really worth having a judge decide the outcome. Pick battles wisely and avoid trying to micromanage each other as joint custody is being tackled.

8. Give The Child A Voice

The child didn’t have a say when the Orlando divorce attorney was called. However, the child should have a heard voice when it comes to child custody. For younger children, this voice might be as simple as which PJs or toys they’ll bring back and forth. For older children, this can mean giving them a say in the custody schedule so that their life is left as undisrupted as possible by divorce. Be open and willing to listen to the child’s frustrations and confusion over custody arrangements. Also be willing to sacrifice to give the child a better sense of control over their own place in the world.

9. Review And Be Open To Adjust The Arrangement

Set up periodic review points, which are usually based on children getting older and changing schedules. Parents often find their own lives changing after divorce. Remarrying, job advancement, moves, and so forth may mean that previous agreements aren’t favorable for the child. Again, this is where communication and honesty become crucial parts of the commitment to effectively co-parent after an Orlando divorce.
Jump to top

The Quickest And Easiest Way To Get In Control Of Your Child Custody Issues

Contact us to schedule a FREE Consultation with Attorney Morse over the phone.
Go to sleep tonight knowing that everything has finally been taken care of.


407-900-7451


Get A Quotation

Who Exactly Are Eligible To Be A Child’s Guardian And How The Process Work
Who exactly is a child’s guardian?

A guardian of a child is someone who has the legal rights and responsibilities over that child. While parents are automatically provided with these rights, there are certain instances where parents are unable to take care of a child. In these situations, the guardian would need to take charge. Through a court order for guardianship, the judge would provide the designated guardian with the authority to make medical, educational, legal, and other relevant decisions for the child.

Here, the question may arise; how would I be able to establish a guardianship?
An agreement between a child’s parents and an individual stating he/she is the established guardian isn’t enough to declare guardianship. Proper guardianship should be established through an official court order by a judge.

To begin the process, the individual can start by filing a petition to establish the guardianship. If the parents of the child and the potential guardian have already been discussed the matter, the process would be relatively easy. In most cases, the judge will simply schedule a hearing at courts to acquire the consent of the parents. Once the consent has been approved, the judge will then evaluate if the proposed individual is well suited for the child’s best interests.

The judge would thoroughly analyze what is in the best interest of the child. That way even if all the individuals have consented, but the decision would harm the child, the judge can deny guardianship. An example would be the judge denying a guardianship proposed by an individual who has a criminal history, domestic violence records, or would be unable to meet the basic needs of the child. If an individual is overall unfit to be the child’s guardian the judge may even appoint a different guardian altogether.

If you’re trying to establish guardianship in cases where the rights of the parents’ have been terminated, the process might be different from ordinary guardianship establishment. In these cases, parental consent would not be required. However, the judge would have to evaluate the circumstances and would have to determine if the child’s best interests would be served through this designation of guardianship. Additionally, the judge may require the guardianship applicant to undergo a background check and a home visit from a social worker to acquire additional information.

Who is allowed to acquire guardianship?

In most states, the rules to acquire guardianship are quite broad. Typically, for an individual to be eligible for guardianship, he/she must be over the age of 18 and should have little to no criminal history. The best interest of the child would be able to determine the guardian proceeding outcome. A few other factors that are taken into consideration by the judge are:

• The guardian’s mental and physical health.
• The age and health of the child.
• The ability of the proposed guardian to look after the child.
• The relationship of the child with the proposed.
• Any other factors that seemed relevant.

If you’re looking for an Orlando child custody attorney to help you secure guardianship, the Erin Morse Family Law Firm is the place for you. We guarantee highly competent attorneys and the best service in town for all our clients to ensure that their cases go in the right direction. If that’s what you’re looking for, contact us now, for a consultation!