Articles Posted in Parenting

Law Prohibits Divorcing Couples From Having Sex
Alan R. Burton Attorney at Law

Incredible as it sounds, the Massachusetts legislature is considering such a bill. The proposal should not be considered in a vacuum however, as it applies only in specific situations, when minor children are involved. The proposal was designed to promote and protect the best interests of the minor children, whose parents are in the midst…

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Divorce and Children, and What Is Important to Them
Alan R. Burton Attorney at Law

Divorce often times becomes a power struggle for control over the children. Issues such as time sharing, educational decisions, sports activities, religious upbringing, and medical care are just a few of such issues. Anger between parents also brings the children into the middle of things. What role should the children play in their parent’s divorce?…

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Custody Litigation Should Become Extinct in Florida
Alan R. Burton Attorney at Law

Child custody issues, or extensive litigation in order to “win” the title of primary custodian should become a thing of the past. All of the reasons to litigate these issues have been abolished under Florida law. Instead, Florida has adopted what is now referred to as time sharing with minor children, which is established under…

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Relocation With Minor Children in Florida
Alan R. Burton Attorney at Law

The divorce process becomes more complicated when there are minor children involved. This is especially true when one parent wishes to relocate. Relocation With Minor Children in Florida is governed by Florida Statute 61.13001. If a parent wishes to relocate from south Florida cities such as Boca Raton, Delray Beach, Fort Lauderdale, or from anywhere…

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What Is a Parenting Plan?
Alan R. Burton Attorney at Law

Under Florida law, terms such as custodian, primary custodian,and any other use of the term custody have been abolished. Florida has now adopted what is known as a parenting plan, the provisions of which can be found in Florida Statute 61.13 (2)(b). A parenting plan must include, at a minimum, certain things, as follows: a…

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Relocation, Relocation, Relocation
Alan R. Burton Attorney at Law

In today’s economy, we see more and more people struggling to find employment. As a result, people are searching over a broader market area then they would normally be looking at, and as a result, more employment opportunities become available to individuals in other states. This brings up the ever difficult decision a trial judge…

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“Primary Residential Parent” Abolished in Florida
Alan R. Burton Attorney at Law

The effective date of the amendments were on October 1, 2008, and the changes were to have prospective application only. The changes could not be utilized to effectuate any modifications to agreements that were previously entered into by individuals prior to October 1, 2008. See the case of Hahn v. Hahn, (Fla. 4th DCA 2010)…

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Supervised Visitation and Hearsay
Alan R. Burton Attorney at Law

Obviously, the courts won’t hesitate to enter any orders when necessary to protect minor children from harm. This would include orders for supervised visitation against a parent if the circumstances warranted this type of relief. In the divorce proceedings between N.W. and M.W., 41 So.3d 383 (Fla. 2nd DCA 2010), the mother alleged that the…

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