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Beneficiary Designations: Checklist for Collaborative Practice Teams

Beneficiary Designations: Checklist for Collaborative Practice Teams

Collaborative professionals may help couples develop options for beneficiary designations of one spouse on insurance policies, annuities, accounts or other assets under a will. This Beneficiary Designations – Checklist for Collaborative Teams may guide the team’s discussion. Has the collaborating…

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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

US Supreme Court Sveen v. Melin Decision Florida’s automatic revocation on divorce statute, Section 732.703, Florida Statutes, automatically revokes insurance beneficiary designations in favor of an ex-spouse upon entry of a final judgment of dissolution or annulment.  The automatic revocation…

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Automatic Revocation of Will Provisions that Affect an Ex-Spouse on Divorce

Automatic Revocation of Will Provisions that Affect an Ex-Spouse on Divorce

Spouses should know Florida Statutes automatically revokes certain will provisions upon a final judgment of dissolution or annulment.  Florida’s automatic revocation on divorce statute section 732.507(2), Florida Statutes may void provisions of a will that “affect” a former spouse. After…

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Collaborative Marital Agreements — Beneficiary Designations After Divorce

Collaborative Marital Agreements — Beneficiary Designations After Divorce

To avoid automatic revocation of beneficiary designations on 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…

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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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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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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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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 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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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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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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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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