Collaborative family law agreements in Florida divorce or paternity cases may address your child’s future best interests in ways Florida family judges can’t. Judges are not prophets: A judge has no crystal ball to see how future events might affect…
What is a Parenting Plan? A Parenting Plan is “a document created to govern the relationship between parents relating to decisions that must be made regarding the minor child.” Section 61.046(14), Florida Statutes. See CN v. IGC, Case No. SC20-505 (Florida Supreme Court…
Judges Must Make Decisions About Children’s Best Interests Based On Present Facts. Judges must decide parenting issues based on evidence about children’s best interests as of the final hearing. A trial judge has no crystal ball to determine if parenting…
When Can a Judge Look Ahead? Judges may allow a timesharing plan that applies the child’s best interests, as determined at the final hearing in a Florida divorce or paternity action, to an event reasonably and objectively certain to occur at…
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 your child’s life, and communications. Parents and judges necessarily look ahead to…
In Florida, parents who seek modifying parenting plans face an extraordinary burden. This burden is called the “substantial change in circumstances” test. The test for modification applies unless the initial final judgment provides otherwise. In Wade v. Hirschman, 903 So.2d 928…
Florida favors settlement agreements of family law disputes. Parents may agree to take on obligations based on future events a court could not otherwise order in an initial divorce or paternity action. Purpose of Florida’s Divorce Statute Include Promoting Settlement…
Judges must safeguard children when considering parents’ agreements. A court is not bound by an agreement of parents regarding child support, custody, or visitation. Feliciano v. Feliciano, 674 So.2d 937 (Fla. 4th DCA 1996); see also Yitzhari v. Yitzhari, 906 So.2d 1250, 1257 n. 4…
Parents in Florida divorce and paternity cases may anticipate and plan for events reasonably certain to occur in their children’s lives. They may enter into parenting agreements that flexibly adjust provisions as predicted and planned for events take place. For…
A court has an ongoing obligation to safeguard minor children’s best interests. Collaborating parents may agree to enlist court review to approve modifications when events they anticipated in their parenting plans occur. Parents’ attempts to trigger automatic modifications for uncertain…
Many parents agree to resolving out-of-court future impasses on vital decisions for their children. Parents in the collaborative process or mediation appreciate court fighting can be costly and drawn out. That’s true for initial proceedings and for future modification actions.…
Can you build into your parenting plan modifications to it for events you anticipate? The Supreme Court of Florida in C.N. v I.G.C., Case No. SC20-505 (Fla. April 29, 2021), declined to take up a mother’s invitation to hold a…
You may agree your judgment will provide for a lesser burden for modification than the substantial change in circumstances test. Read more about that extraordinary burden here. The Supreme Court of Florida noted a judgment could provide a different standard…
On March 25, 2021, Virginia became the 20th state (plus the District of Columbia) to adopt by statute or rule the Uniform Collaborative Law Act. Florida adopted the Uniform Collaborative Law Process Act in 2016. The Florida Legislature codified a…
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…
How do parenting plans provide for consent to mental health treatment for a child? What does “mental health treatment” mean and include? What if parents don’t agree on mental health treatment their child should continue, undertake, or stop? May one…
Parents in Florida divorce and paternity cases must agree to a “Parenting Plan” or have a judge decide on a plan. In collaborative practice, parents work with a collaborative neutral facilitator and collaborative professional team. The team helps parents write…
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…
Florida law treats consent to “mental health treatment” for a child differently from other major decisions responsibility for which parents share. In 2016, Florida law changed to mandate provisions in parenting plans. – Section 61.13(2)(b)3., Florida Statutes, amended by Laws…
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…
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…
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…
As parents resolving divorce or paternity issues attempt to state precisely their intent about “mental health treatment” for their child, definitions may guide their Florida collaborative practice team and them. Florida Juvenile Justice System – Techniques That Constitute “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;…
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…
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…
One parent may disagrees with the other parent’s consenting to mental health treatment for their child. The objecting parent often faces costly, time consuming, and inadequate remedies. The objecting parent may ask the court to modify the parenting plan. But,…
By Michael P. Sampson (part 2 of 8) Service of Process – A corporation or trust a spouse names in a Florida family law action may first consider challenging service of process. Through effective service of process, the spouse notifies…
By Michael P. Sampson (part 3 of 8) If service of process on an entity is sufficient in the family law case, is there personal jurisdiction for the family law party to proceed against the entity? The family law pleading…
By Michael P. Sampson (part 4 of 8) A spouse attempting to bring in a corporate entity or trust under Florida’s long arm statute must pass a two-part test for establishing personal jurisdiction. In the alternative, a spouse may assert personal…
By Michael P. Sampson (part 5 of 8) Long arm jurisdiction over a foreign corporation or entity a spouse names in a family law matter may be specific or general jurisdiction. Specific jurisdiction under sections 48.193(1)(a)-(h), Florida Statutes attaches where the defendant entity…
By Michael P. Sampson (part 6 of 8) Alter Ego Basis for Jurisdiction The two-step process for establishing long arm jurisdiction does not apply when a spouse is traveling under a different theory: the alter ego basis for jurisdiction. The…
By Michael P. Sampson (part 7 of 8) Jurisdiction Over Real and Personal Property Located in County Where Florida Divorce Is Pending If property at issue in a divorce case is within the court’s jurisdictional boundaries, it doesn’t matter if…
By Michael P. Sampson (part 8 of 8) Affidavits: Important to Be Prepared! An entity drawn into a family law dispute typically must assemble sworn affidavits to support challenges to service of process or personal jurisdiction or both. See Fishman, Inc. v.…
In 2020, the Supreme Court of Florida adopted new collaborative divorce forms. See Florida Family Law Rules of Procedure Forms 12.985(a)-(g). These forms are for couples like you who may be considering the collaborative process for your divorce. The forms…
This article discusses Florida’s specific ethical rule for the collaborative law process in family law matters. Florida’s Collaborative Law Process Act, section 61.56, Florida Statutes, took effect July 1, 2017. On May 18, 2017, the Supreme Court of Florida adopted Florida…
Florida’s Collaborative Law Process Act, section 61.56, Florida Statutes, took effect July 1, 2017. On May 18, 2017, the Supreme Court of Florida adopted Florida Family Law Rule of Procedure 12.745 and Rule 4-1.19, Rules Regulating the Florida Bar. Collaborative:…
On October 15, 2020 (updated November 12, 2020), the Supreme Court of Florida approved Florida collaborative forms. See docket in IN RE: AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE – FORMS 12.985 (a)-(g) (COLLABORATIVE LAW PROCESS), Case Number…
On December 5, 2019, the Florida Supreme Court amended the form for income deduction orders. Florida Family Law Form 12.996(a).
Florida publishes new disciplinary procedures for court appointed parenting coordinators
For multiple covered assets, section 732.703, Florida Statutes, provides, upon dissolution or annulment of marriage, the designation of one former spouse as beneficiary upon death of the insured other former spouse is ineffective. See State Farm Life Insurance Company v.…
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…
RULE 12.745. COLLABORATIVE LAW PROCESS(a) Application. This rule governs all proceedings under chapter 61, part III, Florida Statutes. (b) Collaborative Law Process. (1) Initiating Process. (A) A collaborative law process begins, regardless of whether a legal proceeding is pending, when…