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Children’s Best Interests: Parenting Plans Entail Prediction

Children’s Best Interests: Parenting Plans Entail Prediction

Parenting plans govern parents’ future conduct in relationship towards each other and towards their children.  These relationships comprise regular and holiday timesharing schedules, decision making about major events in a child’s life, and communications. Parents and judges necessarily look ahead to…

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Beneficiary Designations: Checklist for Collaborative Teams

Beneficiary Designations: Checklist for Collaborative Teams

This Beneficiary Designations Checklist for collaborative teams can help couples develop options for beneficiary designations after divorce. One spouse may want the other named as beneficiary of insurance policies, annuities, accounts or other assets. The couple may have good reasons…

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Collaborative Marital Agreements — Beneficiary Designations After Divorce

Collaborative Marital Agreements — Beneficiary Designations After Divorce

Florida law revokes on divorce beneficiary designations that “affect” an ex-spouse.  For more, read here, here and here. Therefore, to avoid automatic revocation of beneficiary designations on divorce, Collaborative Marital Settlement Agreements should address interests in: assets subject to beneficiary designations…

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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. This means both parents confer with each other to make decisions for their child. See Section 61.046(17), Florida Statutes. In sharing responsibility for decisions, parents generally must…

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Shared Parenting – Retained Consent to Mental Health Treatment

Shared Parenting – Retained Consent to Mental Health Treatment

Florida law treats consent to “mental health treatment” for a child differently from other major decisions. Specifically, when parents share responsibility, their parenting plans must provide each parent retains consent to the child’s mental health treatment. See Section 61.13(2)(b)3., Florida…

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Florida Law: Each Parent Retains Consent to Mental Health Treatment

Florida Law: Each Parent Retains Consent to Mental Health Treatment

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

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Collaborative Process: Clarifying Intent About “Mental Health Treatment”

Collaborative Process: Clarifying 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 Using Definitions of “Mental Health Treatment”

Example Language Using Definitions of “Mental Health Treatment”

Parents in the Collaborative Process may consider using definitions of “mental health treatment.” This article give example language using definitions discussed here. For our Parenting Plan, “Mental Health Treatment” means these techniques, as defined in Florida Administrative Code, Rule 63N-1.0081:…

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Florida Mental Health Providers & Informed Consent

Florida Mental Health Providers & Informed Consent

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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Florida Collaborative Law Process Act, §61.55 – 61.58, Florida Statutes

Florida Collaborative Law Process Act, §61.55 – 61.58, Florida Statutes

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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Collaborative Divorce: Dividing Retirement Accounts

Collaborative Divorce: Dividing Retirement Accounts

The Challenge: In collaborative divorce, dividing retirement accounts can be tricky.  Collaborative teams, usually with a neutral collaborative financial professional’s help, must often figure out premarital and marital components of retirement assets.  How might the collaborative team approach the challenge?…

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