Where to go and file for Divorce in Orlando?

So you are thinking about filing for divorce and live in Orange County, Florida. Well, if you meet the requirements to file for divorce in Orange County, Florida (you should speak to a local attorney before you plan on filing) you would to the 3rd Floor of the Orange County Courthouse at 425 N. Orange Ave, Orlando, FL 32801. The 3rd floor of the Orange County Courthouse houses the Family Law/ Domestic Relations division. There are several requirements that must be meet before a party files in Orange County but if you meet the necessary requirements you would open and file your case at the Orange County Courthouse. Also, you may want to check out the Ninth Judicial Circuit Court of Florida (http://www.ninthcircuit.org/index.asp)

If you find yourself where divorce is the only option you should speak to a local attorney and you may need to see the Orange County Courthouse.

China: Parents Taking Kids to Court !!!

Yes. An amendment to the law in China would allow parents to take their child to court if they do not visit them. (http://news.msn.com/world/china-requiring-people-to-visit-their-aged-parents) There is no set amount of time a child must visit a parent but give it some time and the courts may interpret and carve out the law. In reality this law may sound great on paper but how is it practical? What would be the consequence of not visiting your parent(s)? Would a child being placed in jail be an appropriate consequence, or what about a fine? What about situations where the parent-child relationship is damaged because of inappropriate actions of a parent? Should these children be required to visit someone that may have abused them as children?

It seems nice in an ideal world, but I do not believe there should be a law that requires a child to visit his/her parent. Although in my life I have had an amazing relationship with my parents and with my mother-in-law, I do recognize that not everyone has that relationship with their parents. I understand the public policy behind the law is but question how such a law can be enforced.

Child Custody and the GAL: What do they look at?

A Guardian Ad Litem (GAL) is a person the court appoints to represent the best interests of a child in a divorce or parental rights and responsibilities case. When they complete their investigation the look at many factors such as: • the wishes of the parents and the child • the relationship the parents have with each other • the needs of the child • the relationship of the child and the parent • the history and relationship of the child and each parent • the child’s school and community life • the parents mental and physical health • drug and alcohol abuse of the parents (if any)

These are just some factors a GAL would look at in terms of making a decision on a contact schedule that will best serve the minor child.

Child Custody and Florida Statute: 61.403 Guardians ad litem; powers and authority

Chapter 61 of Florida Statues deals with dissolution of marriage, support, and time-sharing. Section 61.403 of the Florida Statutes deals primarily with Guardian Ad Litems (GAL). This section states: “A guardian ad litem shall have the powers, privileges, and responsibilities to the extent necessary to advance the best interest of the child...”

1. They can speak to anyone that affects the welfare of the minor child 2. They can get records needed to assist them with their duty 3. The may require expert examination if they feel it is needed 4. They may make oral and written recommendations of their findings

All of these items are subject to the parameters of the court and notice to all of the parties. Essentially, the GAL is the eyes and ears of the court.

Child Custody Cases and the Holidays

When it comes to the Holidays, the phone lines of many Custody Attorneys start ringing from past clients, current clients, and people seeking advice. The courts are not immune and there is a sudden increase of EMERGENCY MOTIONS filed dealing with time-sharing and not being able to see one’s child on a particular day (Thanksgiving, Christmas Eve, Christmas, etc.) Before a situation may arise, decide where you are willing to be flexible in terms of the holiday time. Ultimately, if one parent is being unreasonable it will only hurt the child and sometimes one parent has to be the adult. After the holiday season is over, you may want to speak to your attorney so a situation like this may be reduced the next holiday season. Always remember that the child does not choose their parents!

Child Custody and the GAL: The Child’s Voice

A Guardian Ad Litem (GAL) is a person the court appoints to represent the best interests of a child in a divorce or parental rights and responsibilities case. The purpose of the GAL is to investigate the family situation and advise the court about where he or she thinks the child should live and what type of contact the parents should have with their children. A GAL can be a great asset to a case in helping the court decide what should happen regarding the children. Many times the GAL is seen as the eyes and ears of the court. Unfortunately, the cost of hiring a GAL can be cost prohibited for many and the need may not be able to be met because of the financial situation.

Custody and Technology

Gone are the days of just the good old fashion phone. Generally today most courts allow daily contact between children and parents. Sometimes, that contact may be by phone, skype, email, or other advances in technology. With the advances to technology parents can have a closer and a more effective relationship with the child, even if the child is with the other parent. Many parents have embraced the technology, because not only can they speak to their child, but they can actually see their child via programs such as a Skype. These advances in technology have not only allowed for better relationships, but also sometimes assist in making sure everyone is on the same page.

Custody & School Events

Ballet, Basketball, Cheerleading, Football oh my!!! When you have children get ready for fun and exciting school and club activities. Many times parents want to attend these events, however, the parents may no longer be together. Sometimes this is not an issue and parents can get along, but sometimes that is not the case. I have actually had to address issues with clients about how to interact with the other party at extracurricular activities. The best option for your children is for the two parents to be civil and get along so that the children are not amidst conflict. However, if you and the other party are unable to be civil with one another, the best thing you can do is avoid the other parent in order to avoid conflict or a scene. If this is not possible, you should consider at least keeping your distance and try and have others around as witnesses in case something happens. I have been in contact with coaches and other parents who were at these games and this gives a judge a better idea of what took place. So if you are simply unable to be civil with one another, try your best to avoid the other parent or make sure you have witnesses just in case something happens.

Custody & Education

As a former teacher, I saw many different family structures. The best students were the students who had active parents who were concerned with their child’s education. Sometimes these parents were not “together” but put the child’s education goals FIRST. If you are going through a custody issue with the other parent, it is best to make sure the questions and concerns you have are for your children and not for what best fits your needs. I always tell clients that you have to make sure the child’s interests are being put first because children may be young now, but they will always remember when mommy and daddy are fighting about their school.

Relocation with Minor Child or Children- Florida Family Law Statute 61.13001

So you have been divorce or you have gone through a custody case and now you want to move more than the statutory 50 miles, so what do you? If you find your self in this position you have to follow Florida Family Law Statute 61.13001 dealing with Parental relocation with a child.

If the other parent and yourself are in agreement of you moving than this may be a painless process.

However, generally both parties are not in agreement and the court would have to make the decision for the parties

The worst thing a parent can do is relocate more than the 50 miles allowed by the statute and then petition the court.

Not only must you follow the statute but you have to follow other aspects of the Florida Family Law Statutes and the Rules of Evidence if an agreement can’t be reached in mediation.