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Category Archives: Child Custody

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Back To School Tips For Parents With Summer Child Custody Schedules

By Sean Smallwood |

TL;DR • Communicate early and clearly with the other parent to plan exchanges and avoid last-minute surprises. • Coordinate on bedtime routines, school supplies, uniforms, and back-to-school events to keep consistency for the child. • For long-distance custody, book travel well in advance to save costs and ensure smooth transitions. • Encourage both parents… Read More »

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How to Avoid Conflict Over Children’s Medical Treatment After Divorce

By Sean Smallwood |

TL;DR Key distinction: emergencies get immediate care by the adult present. Non-emergency treatment requires shared decision making per the parenting plan. Parenting plan must assign final say on medical decisions and outline how parents will consult doctors, share records, and resolve disagreements. Emergencies include fractures, concussions, deep cuts, severe allergic reactions, poison ingestion, animal… Read More »

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Facing Divorce With An Autistic Child or Child With Autism Spectrum Disorder (ASD) in Florida

By Sean Smallwood |

TL;DR Best interests rule: courts prioritize consistent therapies, school supports, and medical advice for ASD. Evidence that matters: diagnosis documents, provider notes, and a clear history of attending appointments. Get involved now: show up for therapy, IEP or school meetings, and medical visits to strengthen both care and your case. Handle meltdowns calmly: use… Read More »

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How Do Hurricanes Impact Florida Parenting Plans and Custody Agreements?

By Sean Smallwood |

TL;DR Safety first: if a hurricane makes exchange unsafe, shelter or evacuate—parenting plans prioritize the child’s best interests. Check your plan for “act of God” provisions (hurricanes, severe weather) and follow required notice/communication steps. If communication breaks down, involve your attorney to document decisions and serve as an intermediary. If your plan lacks disaster… Read More »

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Parental Rights for Unmarried Parents in Florida

By Sean Smallwood |

No Common Law Marriage in Florida Florida does not recognize common law marriage. For unmarried parents, the mother is the legal custodial parent at birth until the father establishes paternity through the court system. Establishing Parental Rights for Unmarried Parents in Florida Fathers must file petitions to establish parental rights and custody. This process… Read More »

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EmergencyCustody

How to File an Emergency Custody Order in Florida

By Sean Smallwood |

TL;DR Emergency custody in Florida is granted only for immediate danger, abuse, abandonment, or risk of a child being taken out of state. Courts use two motion types: rare ex-parte motions (without notifying the other parent) and regular emergency motions with notice. Judges make quick decisions based on well-prepared motions, often without hearing arguments… Read More »

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How To Modify A Child Custody Parenting Plan In Florida

By Sean Smallwood |

One of the most common types of cases that people contact our office regarding is that of modifying a parenting plan. The parenting plan is a court-ordered document that spells out all aspects of a child custody arrangement including timesharing, parental responsibility, access to school and medical records for the child, holiday schedules, school… Read More »

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COVID-19 affects child custody schedules

How The Coronavirus COVID-19 Outbreak Affect Child Custody Arrangements?

By Sean Smallwood |

Amid the recent outbreak of coronavirus in the United States several states have issued mandatory stay at home orders and some are calling for the mandatory shutdown of any non-life saving businesses in order to slow down the spread of the virus. One big concern that is not yet receiving much attention in the… Read More »

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How to Deal With Parental Alienation in Divorce

By Sean Smallwood |

If You Are Faced With Parental Alienation, Here is What You Need to Know One very common and very sad fact about the dissolution of marriage process that divorce attorneys in Orlando Florida are forced to deal with is when a divorce involves conduct by one of the parents that amount to parental alienation…. Read More »

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Parenting Plans in family law and child custody

What is a Parenting Plan and Why do Family Lawyers Use Them?

By Sean Smallwood |

Whenever an Orlando family law attorney is engaged in litigation that involves child custody issues, he or she will spend a great deal of time contemplating what terms are to be negotiated and placed into a parenting plan. A parenting plan is a written instruction manual that addresses nearly every aspect of the parenting… Read More »

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Florida Parenting Plans Help Unmarried Parents Stop Drama Before it Starts

By Sean Smallwood |

The only thing worse than arguing with your spouse about when and where to spend time with your children or about decisions your spouse makes about the children’s behavior or expenditures is having these same arguments with your former spouse.  People who have children together, even if they are no longer married to each… Read More »

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Dealing With Overly Involved Family Members In Child Custody Cases

By Sean Smallwood |

How to Deal with an over-involved family member that causes problems in your divorce case After a divorce or other type of child custody case, it is very common for the other parent’s family to become overly involved in issues and decisions that should be left to the child’s parents. The most common manifestation… Read More »

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Thanksgiving Custody Issues

By Sean Smallwood |

Thanksgiving Visitation Schedules Often Cause Trips To Court For Parents This Thanksgiving holiday it is important for parents with child custody orders to remember that there are typically additional visitation days in parenting plans during the break children have from school for this holiday. Child custody attorneys normally see an upswing in calls around… Read More »

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Withholding Contact With Children In Divorce

By Sean Smallwood |

In Divorce Litigation It Is Very Common For Parents To Try To Use Divorce Lawyers To Play Keep Away With The Kids; Here Is Why That Is Not A Good Idea In divorce cases involving children it is very common for divorce attorneys to deal with one parent refusing visitation with children to the… Read More »

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Social Media In Divorce And Child Custody Cases

By Sean Smallwood |

These days social media is everywhere, but, it has serious rules attached in divorce and custody litigation One area of evidence and trial presentation that has become extremely popular right now for divorce attorneys is whether or not social media posts, updates, and messages are admissible in divorce court and what responsibilities lawyers and their… Read More »

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Paternity, Child Custody, and Different Types of Child Support; A Tangled Web

By Sean Smallwood |

 Paternity Cases Usually Come With Their Own Set of Problems Aside From Just Child Custody Issues One of the most common types of child custody cases seen by parents, judges, and attorneys these days is the situation where an unmarried couple has a child, splits up, and one of the parents refuses the other… Read More »

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How To Win Your Child Custody Case

By Sean Smallwood |

It Is Very Rare That A Party To A Custody Case Feels Like They Won, However, The Secret To Winning Is Easier Than Most People Think Most of the time when the dust settles after a child custody case and the parents walk out of court both sides will feel as though they have… Read More »

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Why Child Custody Cases Are About So Much More Than Just Litigation

By Sean Smallwood |

If You Think Custody Cases Are Only About Litigation; Then You Have Only Seen The Tip Of The Iceberg A very seasoned family court judge, whom I hold in the highest regard, once told me that “If a custody case goes to trial then the attorneys have failed somewhere along the way…to go to… Read More »

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Child Custody Cases and False Domestic Violence Injunctions

By Sean Smallwood |

Very Often A Parent Will Allege Domestic Violence In A Custody Case Which Leaves Judges And Lawyers To Figure Whether Violence Took Place Or If It Is An Attempt To Gain Advantage In Litigation Throughout the litigation process in family law cases it is quite common to see a party file what is known… Read More »

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Can I Fight A Child Relocation In Florida

By Sean Smallwood |

Child Relocation Cases Are A Serious Business In Florida Courts. Orlando Attorneys Often Must Fight A Child Relocation In Florida. Anytime a parent wishes to move more than fifty miles from the court that issued their current final judgment that parent must file a proper petition to relocate with the child. Much of the… Read More »

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Orlando Child Visitation Attorney Information

By Sean Smallwood |

Orlando Child Visitation Attorney Talks About Custody in Florida Every custody court in Florida will examine a visitation case first and foremost in terms of what is the best interests of the child involved. Often parties and attorneys get confused about the best interests of the child versus the best interests of the parent…. Read More »

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