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Shared Parental Responsibility and Sole Parental Responsibility

Shared Parental Responsibility and Sole Parental Responsibility

Parents who “share parental responsibility” retain full parental rights and responsibilities for their child. Both parents confer with each other to make decisions for their child.  – Section 61.046(17), Florida Statutes. Before deciding, separated parents who share parental responsibility must…

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Amended Florida Parenting Plan Law Mandates Each Parent’s Retaining Consent to Mental Health Treatment

Amended Florida Parenting Plan Law Mandates Each Parent’s Retaining Consent to Mental Health Treatment

In 2016, Florida law changed to mandate, in parenting plans designating shared parental responsibility, that either parent retains the right to consent to mental health treatment for their child. Section 61.13(2)(b)3., Florida Statutes, amended by Laws of Florida 2016-241 (enacting…

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Collaborative Practice: Shared Parental Responsibility for Health Care

Collaborative Practice: Shared Parental Responsibility for Health Care

Florida family judges must determine parenting matters according to the child’s best interests and the Uniform Child Custody Jurisdiction and Enforcement Act.  There is an exception: modification of a parenting plan and time-sharing schedule requires showing a substantial, material, and…

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Collaborative Process: Clarifying Parents’ Intent About “Mental Health Treatment”

Collaborative Process: Clarifying Parents’ Intent About “Mental Health Treatment”

Florida’s divorce and paternity statutes don’t define “mental health treatment.” When they’re sharing parental responsibility, each parent retains parental consent to mental health treatment. However, by clarifying and agreeing to the scope of “mental health treatment” for their child, parents…

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Example Language for Collaborative Practice Team using Definitions of “Mental Health”

Example Language for Collaborative Practice Team using Definitions of “Mental Health”

For our Parenting Plan, “Mental Health Treatment” means these techniques, as defined in Florida Administrative Code, Rule 63N-1.0081: (a) Individual therapy or counseling;  (b) Group therapy or counseling; (c) Family counseling or therapy; (d) Behavior therapy; (e) Psychosocial Skills Training;…

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Florida Mental Health Treatment Professionals – Informed Consent By One Parent or Guardian

Florida Mental Health Treatment Professionals – Informed Consent By One Parent or Guardian

Florida law and administrative regulations support mental health treatment providers’ accepting informed consent by only one parent or authorized guardian to mental health treatment for a child.  Parents whose parental rights remain intact jointly are the natural guardians of their…

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Florida Mental Health Treatment Providers & Informed Consent Requirements

Florida Mental Health Treatment Providers & Informed Consent Requirements

Under Florida Law, mental health treatment providers, and their professions’ corresponding statutory informed consent requirements, include: Mental Health Provider Informed Consent References Psychiatrist licensed under Chapter 458 or 459, Florida Statutes Section 458.325(1), Florida Statutes provides, for electroconvulsive or psychosurgical…

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What If One Parent Disagrees With Other Parent’s Decision to Consent to a Child’s Mental Health Treatment?

What If One Parent Disagrees With Other Parent’s Decision to Consent to a Child’s Mental Health Treatment?

A parent who disagrees with the other parent’s consenting to mental health treatment for their child often faces costly, time consuming, and inadequate remedies.  The parent who doesn’t consent may ask the court to modify the parenting plan, but must…

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Collaborative Marital Agreements — Beneficiary Designations After Divorce

Collaborative Marital Agreements — Beneficiary Designations After Divorce

Collaborative Marital Settlement Agreements should address ownership of and beneficial interests in: assets subject to beneficiary designations under wills assets subject to beneficiary designations under life insurance policies retirement plans employee benefit plans assets subject to pay-on-death or transfer-on-death designations.…

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Collaborative Marital Settlement Agreements: Insurance Policies and Accounts – Beneficiary Designations – Section 732.703

Collaborative Marital Settlement Agreements: Insurance Policies and Accounts – Beneficiary Designations – Section 732.703

Under the United States Supreme Court’s decision in Sveen v. Melin, 138 S. Ct. 1815 (June 11, 2018), section 732.703, Florida Statutes, which applies to decedents dying on or after July 1, 2012, does not unconstitutionally impair contracts by retroactively…

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Beneficiary Designations: Checklist for Collaborative Practice Teams

Beneficiary Designations: Checklist for Collaborative Practice Teams

Has the collaborating spouse named the other spouse as beneficiary under a will? Is the collaborating spouse participating in an insurance policy or benefit plan section 732.703 affects? Does the collaborative practice team have detail about any beneficiary designations under…

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Florida Collaborative Law Process Act, Section 61.55 – 61.58, Florida Statutes (2018)

Florida Collaborative Law Process Act, Section 61.55 – 61.58, Florida Statutes (2018)

PART III, CHAPTER 61, FLORIDA STATUTES COLLABORATIVE LAW PROCESS ACT 61.55 Purpose. 61.56 Definitions. 61.57 Beginning, concluding, and terminating a collaborative law process. 61.58 Confidentiality of a collaborative law communication. 61.55 Purpose.—The purpose of this part is to create a uniform system of practice for…

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