When can you ask the Court for an emergency child pick-up order? If the other parent takes your child for timesharing and does not return the child, what can you do? What are your options if the child is taken out of the State of Florida?

An emergency pick-up order is an order signed by the Court that directs law enforcement to take your child from the person who has physical possession of the child and deliver the child to your custody. The process is started by filing a sworn motion and you must attach a certified birth certificate. If you have a judgment establishing paternity or a court order showing you have legal custody, you attach a certified copy to your motion.

Florida Attorneys That Help With Uniform Child Custody Jurisdiction

Compliance with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a key to ensuring that Florida has jurisdiction. See Section 61.514, Fla. Stat. Florida must be the child’s home state for at least 6 months before the commencement of the proceeding, but there is an exception for emergencies. In Perez v. Giledes, 912 So.2d 32 (4th DCA 2005), the Court ruled that Florida could take jurisdiction to grant a mother an emergency child pick-up order allowing her to retrieve an out of wedlock child living with the father in Georgia. The mother was a Florida resident when the child was born, the child was born in Florida, and the mother returned to Florida after living in Georgia for a year or more between the birth of the child and the time of the order being entered. The father argued that the child had lived in Georgia for over 6 months because he had moved with the child and concealed his address. Because the mother had significant ties to Florida, she was allowed to have the child back and Florida had jurisdiction.

Navigating the rules and law surrounding jurisdiction and emergency pick-up orders can be complicated. You need an experienced Jacksonville divorce attorney to assist you. Contact the Norman Law, P.A. for a consultation.

On A Spouse Texting a Co-Worker and Lying About It

We’ve addressed the topic of text messages to an ex-spouse in a previous blog post. Here’s a question posted to Lori Gottlieb of The Atlantic regarding a spouse texting a co-worker that addresses some insightful tips about relationships: Dear Therapist: My Husband Keeps Texting With a Female ‘Friend’

Fostering Friendships and Relationships

Maria Popova of Brain Pickings provides a Sunday newsletter on topics ranging from philosophy to relationships. Her recent post, Pioneering Feminist Philosopher Mary Wollstonecraft on Loneliness, Friendship, and the Courage of Unwavering Affection tackles some important issues surrounding friendship. There is some great relationship advice here too (quoting Mary Wollstonecraft): “Affection requires a firmer foundation than sympathy, and few people have a principle of action sufficiently stable to produce rectitude of feeling; for in spite of all the arguments I have heard to justify deviations from duty, I am persuaded that even the most spontaneous sensations are more under the direction of principle than weak people are willing to allow.”

Preparing Your Kid For Kindergarten

From researching and asking questions about your child’s school, to helpful books; we found this article from Taylor Pittman of HuffPost helpful. Preparing for the first day of kindergarten can be stressful for parents and scary for kids. Her insight is helpful and calming. Highlighting patient support from 7 parents who’ve done it, the article provides good insight: How To Prepare Your Kid For Kindergarten, From 7 Parents Who’ve Been There

A Vaccine for Depression?

We don’t typically address depression and mental illness outside of a patient/healthcare provider realm, but understanding each other is paramount to building and maintaining healthy relationships. Similar stresses we associate with divorce statistics (finances, lack of communication) are tied to depression and our understanding of dealing with and treating it, can be helpful in maintaining happy relationships. The article discusses Ketamine’s remarkable effect bolsters a new theory of mental illness but touches on a larger understanding of depression as well.

Depression is the most common mental illness in the United States, affecting 30 percent of Americans at some point in their lives. But despite half a century of research, ubiquitous advertising, and blockbuster sales, antidepressant drugs just don’t work very well. They treat depression as if it were caused by a chemical imbalance: Pump in more of one key ingredient, or sop up another, and you will have fixed the problem.

I’m a Jacksonville Divorce Lawyer located downtown and serving Duval residents for over 15 years. Please feel free to call my office at 904.306.9926 with questions concerning your family law matter.

A recent Huffpost article discusses How To Divorce Like A Grown-Up (And Co-Parent Like One, Too). There is some good advice about amicable separation and tips along the divorce process that might make it a smoother transition for some couples. My favorite portion reiterates to parents to communicate to their children that the split isn’t their fault and to be sure neither parent uses them as leverage.

Surviving Divorce

In this TEDx Talk, clinical psychologist and Associate Professor of Psychology David Sbarra discusses “Surviving Divorce.” He focuses on three areas and provides unique insight on coping with separation:

• Self-Kindness
• Mindfulness
• Common Humility

Tracking Your Child

The third link I wanted to share discusses Privacy Rights. Namely, GPS tracking to monitor children. As we’ve seen in all aspects of law, technology typically proceeds legal discussion and development. The article touches on the fact that a parent doesn’t need the consent of the child to monitor them via cell phone/GPS tracking software. Apps like Find My Friends allow you to keep track of your child, but he/she knows the app is on his/her phone.

I think we’ll see “informed consent” discussed in greater lengths as this topic proceeds through the court system (and likely will vary by state). It will be interesting to see how this plays into discussions of Parental Rights and Grandparent Rights moving forward. Read the full article here:
Privacy Rights of Children: GPS Tracking For Parents to Monitor Their Children

Happy Holidays From Norman Law

I’d be remiss if I didn’t take the time to thank the rest of my Family Law Team for their hard work and dedication to our practice and our clients. Thank you for all you do and for taking the time to provide our clients the best resources possible. Happy Holidays to our Jacksonville family and friends.

Divorce is a reality that profoundly affects the lives of each family member, children and parents alike. A variety of deeply emotional wounds may be created before, during and after a divorce. During this experience, the emotions and needs of the children should be treated with utmost care. It is a parent’s duty to put their children’s needs before their own and try to find ways to lessen the impact a divorce will have on their children. Parents should focus on making the process as amicable as possible.

Taking Grandchildren on Vacation

Although going through a divorce is without a doubt very draining emotionally, couples can find ways deal with it in a way that is good for them and their children. An example would be taking some time off and spending time away from the children. Grandparents can take the children for vacation in order to distract them from the problems their parents are facing. Grandparents are a good choice because they provide the stability and the reassurance the children need, along with the comfort of family.

Such a break is also very important for the divorcing couple because they can take this time to concentrate on the issues which need to be resolved in the divorce without having to worrying about how things may be affecting their children and trying to shield them from conflicts. With the children being on vacation with grandparents, the divorcing couple can focus on the divorce, given them the time to expedite the divorce proceedings. This will also ensure that the children do not see or hear any arguments or negativity between their parents.

If the grandparents are available and willing, some time away from the divorce is beneficial for both the children and the parents, and it is an option divorcing couples should consider. This will give the parents some time and space to make rational decisions, which will help them and their children through the divorce process with the least amount of emotional impact as possible.

Here is a list of attractions and ideas for simple getaways in North Florida:

• Camping and RV Parks listed via VisitJacksonville.com
• Taking a road trip through North Florida via Travel & Leisure
• A visit to the Natural Springs near North Florida
• Coastal Georgia list of activities and attractions
• If you have a little more travel time, here are 5 Secret Islands off the coast of Florida

Once your divorce is final, you are no longer part of a couple and are now a single parent. This will bring about a lot of changes in your life, and you are going to notice some of these changes dramatically when you take your child or children on your first vacation as a single parent. It can be overwhelming when taking your first vacation as a single parent, but it is very doable and also allows you to have more one-on-one time with your children. The key to having a great vacation is to be organized and you will be able to relax and make it a great family vacation for all of you.

Get the Kids Involved With Vacation Plans

One of the main things that can make a vacation harder after a divorce is that it is painfully obvious to the children that they no longer have their parents together. This can make kids act out which in turn can make a vacation seem more like a nightmare. So what can you do? Involve the kids in the vacation as much as possible. You want them to feel as though they are an important part of the vacation, and this can help them cope better with the fact that their parents are no longer together.

Here are some ideas to help kids get involved with vacation plans:

• Let the kids help with navigation, whether this means letting one child be in charge of the navigator or letting one child look at the map
• Plan the route that you are taking together so that the kids feel like this is more than just a vacation that you have planned for them
• Allow the kids to help decide where you are stopping to eat, which will help them remember this vacation as one in which they played a big part
• Listen to the ideas the kids have about where they want to go and what they want to do. If they feel as though this is their vacation as well as yours, they are going to be happier in the long run

Acknowledge you are a Single Parent

It is not good to go into this vacation without acknowledging that you are a single parent now, so things are going to change. This is a new experience for you and for your children. While you are getting the kids involved to help them feel more comfortable with your vacation, also take the time to realize that the vacation is going to be different for you as well. Here are some ideas to keep in mind:

• You are going to be handling all the adult decisions from this point forward
• Make your vacation something that is not high stress, as you have enough stress to deal with as it is
• Reach out to other single parents for some advice and help if you feel as though this situation is getting out of hand

Getting a divorce and then parenting your children on your own is an adjustment. However, it is one which you can get through easier by involving the kids. It will take time, but in the end you will find that being single and happy with your children is much better for all of you than struggling and being unhappy in a marriage that is not working.

When children are involved in a divorce or when the parents were never married in the first place, one parent is usually required to pay child support to the other to help financially provide for the children. Florida wants to ensure that in these cases, children have their needs met and child support is meant to ensure this. When it comes time to file taxes, many parents have questions. A common question is which parent may claim the children as dependents.

Which Parent Pays Taxes on Child Support?

Child support is not taxable. The parent receiving child support does not have to report it on their taxes, and the parent paying child support does not get a deduction on their taxes. Therefore, even though a parent is paying child support, his or her taxable income is not affected.

Claiming a Child on Taxes

When there is one child and the parents are not together, another issue is which parent can claim the child. The Child Tax Credit can greatly help out one parent, but who gets to take this credit? Under no circumstances can both parents claim the one child. If they do, they are going to find themselves having to answer to the IRS, and may be found to have committed tax fraud. Instead, if the Final Judgment does not address this issue, the parents have to decide who should claim the child on their taxes. In most cases, the parent the child spends the majority of his/her time with should claim the child. Generally, parents choose to alternate years for claiming the child.

IRS Form 8332 – Release of Claim to Exemption

There are also times in which one parent may have the tax credit; for example, if the parent furnished over 50% of the child’s support. In this situation, and others, IRS Form 8332 (Release of Claim to Exemption for Child of Divorced or Separated Parents) is signed by the other parent and filed with the tax return. Without this form, the parent claiming the child will have to prove that he or she provided more than 50% of the support for the child. This is an issue parents need to discuss to avoid problems with the IRS.

For those parents who are having a difficult time dealing with filing taxes after divorce, or when dealing with alimony or child support, Wendy Norman is here to help. She has been practicing in family law for several years in the Florida area, and she can help you as well. Just give her a call at 904-306-9926.

When parents are sharing custody of their child, it can make the holidays feel even more hectic. Timesharing during the holidays can be very stressful, and not just for the parents – often the stress and tension the parents feel is transferred to the children. This is why it is important to remember that the holidays should be about the children. Parents should do whatever is necessary to ensure that their children are not feeling the stress that has come from the parents no longer being together.
With this being said, there are several things you can do to ensure that everyone has a good holiday:
Make sure you have an agreed-upon schedule in place before the holidays. In most cases, the Court will have a recommended schedule for you to follow. Both parents should be following the schedule from the Court or agree on one together so that the children get just as much time with both parents and their families as possible.

Have you considered celebrating together? This is something many parents are able to do if their divorce was one in which feelings weren’t hurt, or when enough time has passed to allow both parents to heal. This can make the holidays much better for the children.

Don’t Force Your Kids Choose

Never make the children choose who they want to spend with during the holidays. It is not fair to them to make them choose, and it can cause bad feelings for everyone. Instead, work together to make sure the children get to see both parents equally.

Communication is Key to Scheduling the Holidays

Always check with each other to ensure that your plans with your family do not conflict with their plans. This can be a huge issue during the holidays. Communication between parents is the key.
As a parent, you need to realize that timesharing during the holidays is going to require both parents to compromise. You need to be flexible and realize that neither of you are going to get 100% of the time with the children.

When your kids are with the other parent, instead of feeling depressed and lonely, focus instead on your family and support system. Also, the holidays are stressful and it is important to have a little ‘me time’ whenever you can.

Consider New Traditions to Minimize Stress

Timesharing during the holidays can be complicated and stressful. It is important to understand that some of the traditions you enjoyed before the divorce may not be possible any more. However, you now get to create new traditions with your children and family that you will have for many years to come.

If you have questions related to Child Custody and Timesharing, Contact Jacksonville divorce attorney Wendy Norman at 904.306.9926.