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What is the standard for Child custody awards that are Temporary custody to maternal grandparents Q: What is the standard for Child custody awards that are Temporary custody to maternal grandparents: must apply clear and convincing standard required. (best interests standard IS incorrect standard) A: The Court must use the applicable clear and convincing standard,...
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New law terms: “Custody” no longer exists The terms we all knew and understood were eliminated and replaced by new terms and provisions. Effective October 1, 2008, there would no longer be custodial parents, primary residential parents, noncustodial parents or secondary residential parents. The rights and obligations of all parents in the State of Florida...
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  Custody order from Caribbean Court – is effective here? Q.: Custody order from Caribbean Court-is effective here? – Is the order or divorce, I got from another state, or islands in the Caribbean, effective in Florida? A.: did you know! foreign judgments are enforced in Florida. Enforcement and registration of foreign judgments is available...
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Custody – What happened to the term “custody”? Q.: Custody – What happened to the term “custody”? A.: Did you know! – law became effective October 2009, new Florida statutes: Amended new statutes removed concepts of “custody,” [and other concepts including “primary residential parent,” “visitation,” and similar terms from statutes and instead requires: Fort Lauderdale...
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What if the judge says some things, not directed at the point of our hearing? Q.: What if the judge says some things, not directed at the point of our hearing? [Just some comments-made by the judge] A.: Statements made during the course of the hearing, by a judge, which are not necessary to the...
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What do I do if I can’t understand what my court order says? Q.: What do I do if I can’t understand what my court order says? A.: Reading orders of court (confusing court orders-not so confusing if you read them). If you read an order of the court, and cannot understand what it means,...
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Should children be allowed to testify in court? Sometimes only the child really knows what happened between the parties because the child was a witness to the arguing or other conduct now denied. It is a simple issue. Do we drag a child into the midst of the parents’ divorce? Can the child go to...
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Filing tax return during pending divorce… A common question is whether the parties should be filing a joint tax return during the pending divorce? Ft Lauderdale Divorce Lawyer The answer is not simple; and requires advice from a CPA. Answer: If one party, relies upon the other party for income, and receives the benefits of...
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Should you draft your own settlement agreement? Understanding the issues is not only understanding what settlement terms are intended to be included in the agreement; but understanding how the parties are required to act. A common problem with settlement agreements is that the agreement is general and not specific. Each and every term must be...
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