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Sarasota Family Law Blog

You may get approval to move with kids after a divorce

After a divorce, you may wish to relocate with your children. It may be difficult to do that, depending on your specific case. While society is becoming more mobile, it can be hard to convince a judge to allow you to move across the country or out of the country, because it would affect the other parent's relationship with the children significantly.

Nevertheless, relocation may be necessary in some cases, like if you have been accepted to a major university or have a significant job offer. You're not alone in your desire to move; it's been estimated that between 17 and 25 percent of all custodial parents leave the area where they were married within two years of a divorce.

Woman fights for custody after being considered egg donor

If you and your partner decide to have a child with a third donor, you may believe that your child will still be considered yours in divorce. The problem is that certain laws restrict the parental rights of donors. If you donate an egg, for instance, to your spouse and have it implanted using another donor's sperm, it could be argued that the only true parent of the child with legal rights is the person who gives birth.

That's exactly the issue that the courts are working out for a same-sex couple in Florida. A custody case involving two women is being argued in the Florida Supreme Court due to an unusual situation where the facts of the case were potentially misunderstood. According to the news on Oct. 2, the case went to court to determine the custody of a child born to two women. One woman donated her egg to the other partner, who then gave birth to the child.

What can you do to negotiate better during divorce?

Part of divorce is negotiating with your spouse. If your spouse is willing to negotiate, it makes the process much easier. You'll need to negotiate a settlement and sort out any child custody arrangements that are necessary.

How you approach the negotiation sets the tone for the entire interaction. The initial contact is important, so it's a good idea to talk to your attorney first before going to the meeting. Your attorney will talk to you about how to address your spouse and what is appropriate in terms of a settlement.

What might happen if I move out during a divorce?

Continuing to live with your ex while divorcing is not always possible. For example, there could be so much tension between the two of you that it affects your children negatively, and you could feel smothered or unfairly treated. 

So, what happens if you decide to move out of the family home during a divorce? Often, it depends on what you do before moving out and on what your ex is inclined to do.

Working together to resolve custody disputes is the best way

Your child's health and happiness is your primary concern, which is why it bothers you that your child's other parent always causes a struggle when you're trying to arrange visitation or custody plans. It's possible to work together to resolve custody issues, but it does require that both parents pay attention to the wants and needs of their child as well as their own schedules.

One way to work through custody issues is to go through alternative dispute resolution (ADR) proceedings. ADR could include mediation or arbitration, for instance. With mediation, you and your ex-partner come together with a third party to discuss your custody concerns and ideas on how you want to set up your custody arrangements. Since there is a third party there, it's easier to stick to the topic and avoid rambling, blaming the other person or going off on a tangent. The mediator is helpful, because he or she is versed in law and can help you understand the impact of your decisions.

How can you handle anxiety during a divorce?

When you found out that your spouse wanted to get a divorce, there was nothing you could say. You immediately felt the stress of the situation. You were in shock. You want your marriage to work, but apparently your spouse doesn't.

Now, you're struggling with anxiety and fear as a result of the sudden realization that your life is about to change. These emotions make it difficult for some people to function, and if you've noticed them taking their toll, it's time to regroup.

3 commonly overlooked issues in child custody disputes

Child custody disputes are some of the most difficult legal situations to arise from divorce proceedings. Of course, you want what is best for your child, but there may be significant disparities between your definition of this and your ex's. If you have found yourself in this situation, there are some things you should keep in mind to find the most productive solution for your family.

There are several issues the courts commonly overlook, too, which you should consider in your custody negotiations. Do not make the mistake of assembling a standard custody agreement and assuming it is sufficient. Pay attention, rather, to the following factors that may affect your case. 

Your child can be comfortable with 2 homes with these 3 tips

When you get a divorce and have a child, it's clear that your child will need to learn to live in two homes. For some, this can be difficult to adjust to. There are a few ways you can help.

Your child needs time to adjust to the new situation, but having two homes shouldn't be an extra strain. Both parents can work together to make this adjustment as easy as possible with these simple tips.

The 751 action can help you care for a child in your family

In Florida, you can apply for temporary custody of a minor thanks to Chapter 751 of the Florida Statutes. This petition for temporary custody can be filed if you are an extended family member caring for a child full time in the role of a substitute parent. The child must be living with you at present. You can also apply if you receive a notarized consent form from the child's parents.

This is an important form for those unable to adopt a child who is within his or her family but who are willing to take on custody. The form does not require the parents' permission if you can show that there is clear evidence that the child's parents are unfit to continue to maintain custody of the child.

How does custody work in Florida?

Florida has two custody terms you need to be familiar with. One, time sharing, describes the physical time each parent spends with a child. The second, parental responsibility, refers to making decisions on your child's behalf including medical, schooling and religious decisions.

Both parents don't always receive the right to physical time with their children and the right to make legal decisions for their children. Sometimes, only one parent receives full parental responsibility even though they both may share physical time with the child. That can, in some ways, make parenting decisions easier, but the courts do generally like both parents to play an active role in the upbringing of their child.

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