Articles Posted in Best interests of minor children

Can Private School Tuition Be a Child Support Obligation?
Alan R. Burton Attorney at Law

Child support is supposed to cover a child’s basic needs, such as food and shelter. What about educational expenses, though? Education is hardly a luxury; school attendance has been mandatory for American children for well over a century. Providing for a child’s education is an important aspect of parenting. Thus, Florida parenting plans include provisions…

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Custody and Rights of Grandparents
Alan R. Burton Attorney at Law

When it comes time for the court to determine and establish a time sharing and parenting plan between the biological parents of a minor child, the court applies the “best interests of the child” test in making its consideration. There are numerous factors that the court will look at in making its determination as to…

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Overnights and Child Support
Alan R. Burton Attorney at Law

The amount of child support paid has a direct correlation to the number of overnights that the child spends with each parent.  Therefore, child support is not just based on the respective incomes of the parents, but must also include the number of overnights that the child spends with each of the parents. When you…

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Timesharing Modification With an Ex Parte Emergency Order
Alan R. Burton Attorney at Law

Extreme caution should be exercised when a party in a dissolution of marriage action seeks temporary emergency relief without giving notice to the other party. This is what is commonly known as ex parte relief, which is seeking relief without providing any notice whatsoever to the other side.  These types of proceedings are at substantial…

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Changing the Name of a Minor Child
Alan R. Burton Attorney at Law

Changing the surname of the minor child after divorce is no simple matter.  As a matter of fact, the burden of proof in such a situation is extremely high. The standard for changing the child’s name is whether the change is in the child’s best interests or is necessary for the welfare of the child.…

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Modifying a Final Judgment and Parenting Plan
Alan R. Burton Attorney at Law

A final divorce decree providing for the custody of a child can be materially modified only if there (1) are facts concerning the welfare of the child that the court did not know at the time the decree was entered, or (2) has been a substantial change in circumstances shown to have arisen since the…

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Child Custody – Parenting Plan – Timesharing
Alan R. Burton Attorney at Law

The current law in Florida provides that a parent cannot relocate or change the location of their principal residence if that change of residence will be more than 50 miles from their current residence.  If a spouse is considering a move that is more than 50 miles away, they must obtain either the written consent…

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Should I Try to Get Sole Custody of My Children?
Alan R. Burton Attorney at Law

A major issue between parents who split up is who will get custody of their child. In many cases, if you do not particularly like the other parent or believe he or she may be irresponsible in some way, you may want to obtain sole custody rights. However, getting sole custody in Florida is extremely…

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FAQs About Child Custody in Florida
Alan R. Burton Attorney at Law

Facing a court case involving your children can be emotional and stressful. The following are only some of the questions that are frequently asked of child custody attorneys regarding this type of case in Florida. Can I get sole custody of my children? It is important to note that instead of the terms “joint custody”…

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Can You or Your Former Spouse Move With Your Child?
Alan R. Burton Attorney at Law

A child custody and parenting plan order will set out many different guidelines about how you and your child’s other parent should share parental rights and responsibilities while your children are still dependents. These guidelines can involve primary physical custody, visitation schedule, how you will share in making decisions for your child, and much more.…

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