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November 2016 Archives

How courts determine the best interest of a child

Child custody cases in Florida largely center around the best interests of the child involved. In fact, courts must make their child custody decisions with the primary objective of supporting the welfare of the children above anyone else in the matter. Secondarily, the courts will consider how convenient their decisions are for the parents.

Can I prevent my abusive ex-spouse from visiting my children?

The majority of divorce proceedings happen peacefully between two consenting adults, and the reason for the divorce is usually because "irreconcilable differences." However, in certain cases that involve children, the situation is a great deal more serious. Sometimes, one or the other spouses was criminally abusive toward the other and/or toward their children. In this situation, the victimized spouse may feel it necessary to protect him or herself and the children by filing for divorce.

Using DNA tests to establish paternity

Florida fathers who wanted to establish paternity before the era of blood and DNA tests were up against some very serious challenges. For this reason, courts traditionally would award paternity to whatever man was married to the woman who gave birth to the child, and in terms of unmarried women, courts would not allow a great deal of speculation or argument unless the physical appearance of the child in question was overwhelmingly proof enough.

Special needs children and divorce

Parents of children with special needs must work tirelessly to make both their own lives and the lives of their children as normal, happy and stress-free as possible. Fortunately, many parents are able to achieve this for themselves and their families. However, when divorce is entered into the equation, it can represent a significant challenge to the balance and harmony one has worked so hard to achieve.

Reasonable visitation versus fixed visitation in child custody

When two Florida parents are getting a divorce, the most important thing to consider is how the parenting plan will be organized, and how the children will spend time with each parent. When it comes to one parent having full custody of the children, the other parent will have the right to visitation. Visitation arrangements can be categorized "reasonable visitation" and "fixed visitation."

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Law Office of Kelley A. Joseph, P.A.
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