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Category Archives: Child Custody

Emergency Custody in Florida

How to Get Emergency Custody in Florida and What to Watch Out For

By Sean Smallwood |

One very common issue that divorce attorneys in Florida deal with is the situation where emergency action must be taken in order to protect the physical or emotional safety of children by seeking emergency custody. There are many different terms that can describe this process including an emergency motion for custody, temporary emergency relief,… Read More »

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medical decisions for kids in divorce

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

By Sean Smallwood |

Imagine that your teen daughter goes to visit your aunt during spring break, and when you turn on your phone after work one day, you find a text from your daughter saying that she has just been to see a doctor. Would you be upset that your aunt took your daughter to a doctor… Read More »

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Do divorce judges in Orlando award equal custody

Do Divorce Judges Automatically Award Equal Timesharing in Orlando Florida?

By Sean Smallwood |

This is a question that we get very regularly at our Orlando divorce law firm. This is because the most common legal issue that is present in divorce litigation in Orlando Florida that is child custody. These days with the wealth of information regarding divorce law online people often do significant researc before they… Read More »

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modification of parenting plans in Florida

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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hpw to deal with parental alienation in Florida

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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divorce with autistic children

Divorce Involving Children With Autism Spectrum Disorder ASD

By Sean Smallwood |

If You Are Facing a Divorce Involving a Child With Autism There Are Several Traps to Watch Out For One very common fact scenario that divorce attorneys in Orlando Florida are faced with these days is the situation where a divorce involves contested child custody issues over children with autism. When there are special… Read More »

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family law parental responsibility

How Do Hurricanes Impact Florida Parenting Plans and Custody Agreements?

By Sean Smallwood |

As Hurricane Dorian is inching closer to South Florida, and millions of Floridians are stocking up on supplies to be prepared for the landfall, divorced parents are facing a conundrum. “How do hurricanes and other acts of God impact my custody agreement and parenting plan?” is a question on almost every divorced parent’s mind… 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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family lawyer

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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child support

If I Get An Equal 50/50 Custody Schedule Will There Be Child Support

By Sean Smallwood |

These days it is very common to see both Mothers and Fathers and their attorneys in divorce or other family law case end up with equal parenting schedules parenting also referred to as a 50/50 schedule. This means that the children in the case will spend an equal amount of their time with each… Read More »

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parents tugging at kid

How Common Is Equal 50/50 Custody These Days

By Sean Smallwood |

Do All Divorce Court Judges Award Equal 50/50 Custody These Days? A decade ago divorcing parents fighting over custody of their children could expect that the mother would be awarded the majority of the time-sharing with the children with the Father spending every other weekend with the children. This was due in large part… Read More »

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couple and judge

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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woman looking at couple

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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brick wall

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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word balloons

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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father and child

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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apple dictionary

Back To School Tips For Parents With Summer Child Custody Schedules

By Sean Smallwood |

Back to School Tips for Parents With Summer Child Custody Schedules As summer draws to a close and parents get mentally prepared to once again have the kids ready for school early in the morning there are a handful of things that parents who have summer child custody time-sharing schedules of a child will… Read More »

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law books gavel scales

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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courthouse steps

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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couple arguing

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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