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Tag Archives: Parenting Plans

How Is Custody Determined When an Unmarried Couple Splits?

By Schwartz | White |

More and more couples these days are opting to have children out of wedlock. Some couples simply choose to go the non-traditional route, while others are not legally able to get married in the state of Florida, such as same-sex couples. While there is no harm in opting out of marriage, should you and… Read More »

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What Can I Do If I Believe My Child’s Other Parent is Abusing Drugs or Alcohol?

By Schwartz | White |

Unfortunately, drugs do not discriminate against whom they choose as prey, and individuals of varying circumstances tend to fall victim to drug abuse on a daily basis. Unfortunately, oftentimes the individuals abusing drugs are parents—mothers and fathers of babies, young children, and adolescents. According to The National Center on Addiction and Substance Abuse, 13… Read More »

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The Best Interests of the Child: What Is (and Is Not) Included

By Schwartz | White |

In the state of Florida, child custody determinations are made according to the best interests of the child.  But what are the best interests of the child?  Given that these interests can vary on a case-by-case basis and that reasonable minds can differ regarding what most benefits a given child, the standard can be… Read More »

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Forensics and the Best Interests of the Child

By Schwartz | White |

In the state of Florida, courts place children and form parenting plans for divorced or separated parents based on the “best interests of the child” standard.  There are several factors courts use to investigate what these interests are and how they will best be served.  One newer method is to consult a forensic expert… Read More »

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Requirements for the Termination of Parental Rights

By Schwartz | White |

The termination of parental rights is a very serious matter, and can be done in only very limited circumstances.  Because Florida courts generally believe that parenting from both parents is in the best interests of the child, to the greatest extent practical, the bar for the termination of parental rights is very high and… Read More »

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Parenting through Divorce

By Schwartz | White |

Divorce can certainly throw a wrench into parenting, particularly if the divorce is particularly contentious or complicated. For many divorcing parents, settling property disputes, drafting an agreement, and going to court can seem like the most logical priorities because they obviously involve the parties’ legal interests. But it would be a mistake for divorcing… Read More »

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Physical? Legal? Joint? Sole? Child Custody Terminology

By Schwartz | White |

Determining child custody can be one of the most contentious parts of the divorce process. And like many other aspects of the divorce process, individuals attempting to navigate the nuances of family law can feel that child custody is a littered minefield of legal jargon that does not seem to relate to the day-to-day… Read More »

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What are the “Best Interests of the Child” – and Who Decides?

By Schwartz | White |

In child custody cases, courts typically rely on the notion of “the best interests of the child,” sometimes known as the best interests standard. But what are a child’s best interests, and who gets to decide how they will be met? The short answer is that judges make decisions in divorce cases based on… Read More »

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Right of First Refusal in Boca Raton Child Custody Cases

By Schwartz | White |

What is one thing all Boca Raton parenting plans have in common? Each parent is guaranteed to spend less time with the children. But what if there were a way to make up for some of that lost time – say, when the custodial parent has to go out of town for work, or… Read More »

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When Parents Disagree, Who Decides?

By Schwartz | White |

The case of a Florida mother who went into hiding to prevent her four-year-old son’s circumcision is headed to federal court. The case raises the question of who decides when parents, operating under a shared parenting plan, disagree on what is, and is not, in their child’s best interests. Shared Decision Making under a… Read More »

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