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.

How Does Florida Law Decide Who Keeps The Puppy?

When pet owners are involved in a divorce, who gets custody of the family pet? Though we view pets as part of the family, Florida law is clear – your pet is considered a piece of personal property, similar to a piece of furniture or other household items. Florida law, and the law of most states, does not provide for the concept of pet custody, nor does it provide for pet visitation or timesharing. This is a tough concept to grasp and another reason to work on an amicable separation and mediation to come to an agreement regarding your pet, rather than go to court.

A Marital Asset and Subject To Equitable Distribution

If the pet was acquired during the marriage, the pet is a marital asset and is subject to equitable distribution. Obviously, a pet cannot be divided up like a bank account; however, a pet can be assigned a value like any other piece of personal property, and arguments can be made as to why the pet should go with one spouse or the other. If the pet is non-marital, “custody” goes to the spouse who acquired the pet.

For questions concerning modification enforcement or dividing property during or after a separation, contact Norman Law to setup a consultation.

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.

When a divorce happens, feelings and emotions are high. However, when children are involved, it is important that the Court evaluate both parents and consider their mental health and ability to care for their children, and determine what is in the best interests of the children. The State of Florida no longer awards one parent custody of the children; instead, there are parenting plans which include timesharing schedules. One parent may have the children more than the other, or the parents may have equal time with the children. Because the Court must determine what timesharing schedule is in the best interests of the children, many times a social investigation will be performed.

The Basics of a Social Investigation and Child Custody

This type of investigation is usually performed by a mental health professional, one who has no prior relationship with either of the parties or the children. The Social Investigator is a neutral and impartial third party, thus his or her opinions and recommendations will carry great weight with the Court. The Social Investigator will evaluate both parents, including their lifestyles, and make a recommendation as to which parent the children would be better off spending more of their time with, or if the children should spend equal time with the parents. The Social Investigator will outline all of his or her findings and recommendations in a report that is presented to the Court. In addition, he or she will submit a proposed parenting plan that best fits the needs of the children.

Assessments during a Social Investigation and Parenting Plans

During a social investigation many things will be considered and reviewed by the Social Investigator, including the following:

• Background checks, checks of police records and the like concerning both parents
• Interviews with the children are conducted
• Interviews with both parents
• Character references submitted by both parents are interviewed
• Doctors, employers, and other professionals are interviewed about the parents and children

Once these assessments are made, the report and parenting plan are then drawn up, and include findings and recommendations by the Social Investigator.

How this Affects Timesharing Agreement

Since the social investigation is such a huge component of the parenting plan and timesharing schedule, the findings and recommendations of the Social Investigator will have a huge effect on the final timeshare plan. In most cases, the Court agrees with the Social Investigator and implements the recommended parenting plan and timesharing schedule.
For those who are going through a divorce or who are arranging a timesharing schedule, Wendy Norman is a family attorney who has been practicing in the Jacksonville area for over 15 years. She has had many cases involving social investigations and can help you prepare for what is to come. Simply give her a call today to discuss your case!