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Brandon Family Law Center, LLC

Supporting Families from Birth to Legacy

Brandon Family Law Center, LLC

Supporting Families from
Birth to Legacy

Serving The Legal Needs
Of Tampa Bay Area
Families Since 1989

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Tampa Family Law Blog

Parties often involved in a collaborative divorce

You and your spouse do not have to part on good terms to agree that neither of you wants to go to court for your divorce. While that means you have to work together, it does not mean you have to hammer out the details without help.

According to a study reported by the American Bar Association, mental health professionals, financial professionals and specially trained attorneys are often part of a collaborative divorce.

Parties often involved in a collaborative divorce

You and your spouse do not have to part on good terms to agree that neither of you wants to go to court for your divorce. While that means you have to work together, it does not mean you have to hammer out the details without help.

According to a study reported by the American Bar Association, mental health professionals, financial professionals and specially trained attorneys are often part of a collaborative divorce.

Nesting as a possible shared custody arrangement

Florida parents who are considering a divorce may be considering how to manage their parental responsibilities after ending their marriage. Shared physical custody is one way for both parents to balance their time with their children. Nonetheless, nesting is an option that takes this a step further.

Nesting parents split their time between the family home and another living space outside of it. The parents take turns living in the house and caring for the children one at a time. This means that the children stay in the family home, and the parents come and go.

You might not be able to choose who adopts your baby. Here’s why.

 

If you are pregnant, the stress of finding the right, loving home for your baby is an understatement. Perhaps you have spent hours seeking out the right parents. Or, maybe you have already chosen a relative or family member to adopt your baby.

You might not be able to choose who adopts your baby. Here's why.

If you are pregnant, the stress of finding the right, loving home for your baby is an understatement. Perhaps you have spent hours seeking out the right parents. Or, maybe you have already chosen a relative or family member to adopt your baby.

However, it's important to understand that the adoption process is strict; adoption agencies and others assisting with the process must ensure that a baby or child is placed in the right environment.

You may come across a few hurdles that could prevent your baby from being placed with the relative or family member you've selected.

Here are a few to be aware of.

Divorce among older Florida couples

The divorce rate among couples over 50 has doubled since 1990, but this is still the age group that is least likely to get a divorce. However, according to a study by the National Center for Family & Marriage Research, there are a few factors that might make some marriages in Florida and throughout the country more vulnerable.

One of those factors is whether or not the marriage is a first marriage or a later one. People who are still in a first marriage are less than half as likely to get a divorce after the age of 50 compared to people who are in a second or subsequent marriage. The higher likelihood of divorce remains true even when the second marriage has lasted a long time. For example, second or later marriages that have lasted for at least 40 years are still nearly three times more likely to end in divorce than first marriages.

Are you about to join the sandwich generation?

Perhaps you are in your fifties and have a loving spouse, a career you enjoy and some free time to travel and pursue your hobbies. It sounds like a great life, but you see warning signs ahead. Your son, soon to graduate from college, is having trouble finding a suitable job. Your elderly parents, once so spry, are showing signs of forgetfulness and failing health.

It appears you are about to join what is known as the sandwich generation, which includes people about your age who suddenly find themselves responsible for both adult children and aging parents. Life as you know it may soon change, but you can mitigate the issues if you take action now.

How to best make your case for custody

When it comes to negotiating custody, there are certain things Florida parents can do to present their best case for custody. While the outcome cannot be predicted, it is best to keep in mind that courts will always have the child's best interest at the center of their decisions.

The most important thing to remember is to not focus the negotiations on the parents. For example, bringing up how terrible a spouse was during the marriage and using that as an explanation for why that spouse would be a bad parent can actually backfire and lead the courts to consider the accusing parent of being bitter and reluctant to work with the ex-spouse, which in turn may even result in the other parent being granted custody. On the other hand, presenting themselves as the parent the children need might also be looked at negatively by the court, since in most cases courts feel that both parents are necessary for the child's growth. If the children do want to speak in court, then the state's regulations about this must be followed.

Open adoption is now the norm in our country

There was a time when open adoption only meant that the biological parents knew the name and location of their child once he or she was adopted, but nothing more. However, the meaning has changed in recent years. For the most part, international adoptions are still closed, but here in the U.S., open adoptions, where there is interaction between all parties, has become increasingly common.

If you are considering adopting a child, you may want to familiarize yourself with the concept of open adoption and determine how you feel about it, because this is a situation that may be in your future.

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