Naples Family Law Blog

What child custody arrangement is best for my child?

There is often an assumption that parents have a predetermined stance on how they would like child custody to be arranged following a divorce. However, this is simply not the case. Many parents become overwhelmed by the notion of their children moving between two homes, and they do not always have an opinion on the best solution straight away.

If you are approaching divorce as a parent, it is important to do your best to view the situation from the perspective of your child. Even though you may believe that they are oblivious to what is happening, it is likely that they have noticed changes in the way that their parents interact. You should try and address these changes in a sensitive and direct way. You should also try to consider custody options that would be in the best interests of your child.

Supervised visits aren't ideal; make the most of your time

Parents who divorce sometimes do so because of claims of domestic abuse. This is a very serious claim that should only be made when it is factual. One of the reasons is that a parent who is being accused of domestic violence might not be able to spend time with their children like they want.

For some parents, there is a court order that they must have someone watching them with their children. This is known as supervised visitation and usually means that the child won't have overnight visits with the children. There are a few points about this supervised parenting time that you need to remember.

How can I make a solid parenting schedule?

Creating a parenting schedule can be tough for divorced couples who share custody of their kids. However, it's important that your schedule accommodates all involved, as it will be your guide when issues arise regarding scheduling and other child-rearing matters. Very Well Family offers the following tips on devising a solid parenting schedule that works. 

Don't assume you're the authority

How paternity can help your child inherit from you

One of the most important reasons to establish legal paternity in Florida is to increase ways your child can inherit from you. With the law recognizing you as a legal father, your child will have the right to receive certain assets from you when you pass away. Even if your child is not automatically in line to receive assets like your retirement and pension benefits, establishing parentage will put your offspring in consideration for inheritance.

According to Pocketsense, many pension plans require a spouse of the pension holder to be named as a beneficiary. However, if you are an unmarried or divorced father, your child stands a greater chance of receiving the assets of the pension if you should die, although the terms of the pension may still complicate matters. One way to help ensure your child receives your pension is, if possible, to specifically name your child as a beneficiary on the pension.

Unique considerations for divorcing LGBT couples

Securing the right to marry at a federal level was a massive step forward for the rights of LGBT couples. Prior to the landmark Supreme Court case that federally overturned state bans on same-sex marriage, only certain states recognized the unions of LGBT couples, and some of those only allowed for civil unions, not marriage.

Now, LGBT couples can get married in any state and have that marriage recognized in any other state across the country. It truly is a wonderful thing for human rights activists and members of the LGBT community. However, with an increase in marriages, there also comes an increase in divorce eventually.

Simple things dads can do that kids love

Being a father can be one of the most important jobs a man ever has. If you are going through a Florida divorce and trying to develop a parenting plan, you may worry that you aren’t spending enough time with your children. At Beverly L. Brennan, P.A., we assist clients in creating parenting plans that help you move past the turmoil of divorce and on to the next chapter in your life.

If you haven’t spent much one-on-one time with your children, you may have concerns about doing the right things for them. Happy You, Happy Family, published some simple but important things that kids want from their dads.

  • Establish a routine that works for you and them, then stick to it. Find things that you can do together every week, whether it’s sitting down to a meal together or helping them get dressed. It doesn’t need to be big things. The time and regularity make the activity special.
  • Show your interest in their lives by asking about school, things they love, what they worry about and what they look forward to doing. It may be tempting to try to fix their problems, but in the end, that is not what they want. They just want you to listen.
  • If you are a sports fan, teach them the rules as you watch the game. They may learn to love the game because you do, and it gives you something to share.

Dealing with divorce as a large family

When it comes to divorce, every couple is in a unique situation. Some may have a great deal of wealth, while others may be struggling due to a low income. Some couples may have no children and others may have several kids. If you and your marital partner have many children, there are a number of issues that must be taken into consideration when you bring your marriage to an end. Not only is child custody a potential hurdle, but you may also have to deal with legal issues related to child support payments. Moreover, divorce can be especially stressful for those who have many kids.

If you are a parent who has recently given birth, or your spouse recently gave birth, divorce can be especially difficult. Moreover, if you have a number of children of various age groups, the way in which you discuss the divorce with them may vary. For example, you may need to take a different approach with teens than very young children. You should try to do what you can to help your kids understand the changes that lie ahead and reassure them that everything will be okay. You should also focus on your own well-being, especially since going through the divorce process as a large family can be complicated.

What happens to a couple with an adopted child in a divorce?

Adoption is a common way for people to grow their families. Couples adopt for all kinds of reasons. Maybe a relative or a child you had a pre-existing relationship with wound up in foster care. Perhaps you are unable to have children biologically, or maybe you just wanted to give a home to a child who was already here.

Regardless of the initial reasons why you and your partner chose to adopt, you will likely have many concerns about what could happen if you divorce with an adopted child in your family. Divorce and child custody are complex areas of Florida family law. When there is an unusual complicating factor, such as an adoptive relationship, there can be even more questions for everyone involved.

Is there any way you can invalidate a prenuptial agreement?

Love is an intense experience that can sometimes prompt people to make decisions that aren't in their own best interest. For example, if you were desperately in love with your fiance, you might have barely glanced at the prenuptial agreement they asked you to sign. After all, you plan to stay married for the rest of your life.

You may find that your situation has changed. Perhaps your spouse has cheated on you or maybe you have simply grown apart over the years. Now that you see the end of your marriage looming, you're likely to revisit the terms in the prenuptial agreement you signed so willingly at a younger age.

How to tell the kids you are getting a divorce

If you and your spouse are getting a divorce in Florida, you may be wondering what the best way is to tell your children. The thought of parents splitting up can be devastating for children of all ages, so it is important to set the stage in a positive manner from the beginning.

Before you tell the children, you and your spouse should discuss how each child may respond to the news. According to Very Well Family, the emotional impact will vary based on their ages. In general, younger children may not fully comprehend what is going on and worry that a divorce means their parents won't love them anymore. Children from around age eight to 12 often blame themselves for their parents breaking up, and teenagers may blame one parent more and be upset about how life is going to change. Overall, divorce may

  • Increase risk of anxiety and depression
  • Negatively affect school grades and attendance 
  • Increase issues related to behavior
  • Increase risk taking
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Beverly L. Brennan, P.A.
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Suite 602
Naples, FL 34103

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