Davis and Konicek, P.A.


Free Consultations
407-894-1122 or 888-364-0391

Orlando Custody & Visitation Law Blog

Child custody case arises after Florida woman's murder

A Florida custody battle is continuing to rage after a 7-year-old girl's father was arrested for allegedly killing her grandmother: his mother. The child custody proceeding is attempting to determine the girl's future as her father awaits further action in his criminal case. That man is charged with first-degree murder in connection with the incident. He is accused of attacking his mother in the backyard of his family's home while his daughter played inside the house.

The girl's mother and paternal grandfather are reportedly vying for child custody in this case. The mother, a Maryland resident, is seeking custody of the girl. The grandfather is petitioning the court to have that woman's custody rights terminated altogether. The custody dispute has arisen, in part, because the girl's father was her only full-time parent. The mother had surrendered custody of her child after she divorced the defendant. Now, she wants to take the child back to Maryland.

3 simple tips for making it through child custody negotiation

Although you might hear a lot of rules and advice from Florida divorce experts, most information can be distilled into just a few simple takeaways. Divorce can be difficult, and co-parenting is an evolving process that requires dedication on the part of both adults. However, child custody proceedings to not have to unduly affect your kids; you can make the divorce process far less traumatic by following a few simple strategies.

First, it is important to remember that fighting in front of your kids -- even after a divorce -- can be detrimental to their psyches. Holding your tongue in even the most difficult situations is sure to pay off in the long run. If you feel like you need to scream or vent about child custody litigation, make sure that your children are not party to your conflict.

Same-sex couple in Florida wants to file uncontested divorce

A same-sex couple's efforts to divorce in Florida could call into question several elements of the state's same-sex marriage ban. Official reports out of Tampa show that the same-sex couple is seeking a divorce in Florida, even though they were married in Massachusetts four years ago. The problem: Although same-sex marriage is legal in Massachusetts, it has not been deemed so in Florida. As a result, the couple is barred from dissolving a union that the state never officially recognized in the first place.

This is certainly not a unique situation. As more same-sex couples wed in states that have legalized those unions, divorce issues are also arising. This couple is currently unable to seek a divorce in Florida. If they wanted to divorce in Massachusetts, they would have to return to live there for a year.

Watch what you say during your Florida divorce

Sticks and stones may break your bones, but words can never hurt you? Although that adage may seem to make sense on the playground, divorce experts in Florida say that words can be critically wounding during the dissolution of a marriage. In fact, some of the most divisive and painful conversations occur during and after a divorce, when parents' vitriol is at its peak. Instead of simply allowing your emotions to rule your conversations, it makes sense to watch your tongue during divorce, even if your ex refuses to do so.

It is critical to maintain a positive attitude and demeanor during child custody and property division negotiations, if for no other reason than you do not want others to regard you in a negative light. If the worst happens -- say you are in a car accident tomorrow -- your family members will remember you as a gracious and compassionate person. If you fail to watch your language, though, your kids will hold memories of your bitterness that could create a dubious legacy.

Child custody, budget apps ease post-divorce stress

Apps help us keep track of our schedules, share grocery lists and improve communication with our families. In the modern tech age, it often seems as though there is an app for everything! Florida families who have just gone through a divorce may find that this is true; a variety of high-tech solutions exist for couples who are attempting to juggle child custody arrangements. Today, we talk about some of the best solutions for your post-divorce family.

If you are having trouble scheduling your child custody and visitation meetings, check out Our Family Wizard. This helpful app is available on a wide variety of tech platforms, and it allows co-parents to communicate about everything from doctors' visits to expenses for extracurricular activities. The best part about this app is the journal function, which allows parents to record their interactions. This reduces conflict about "he said, she said," according to divorce experts. Documentation is often key in proceedings related to your child custody agreement.

Overnight guests can cause serious child custody problems

So, you are newly divorced and ready to hit the dating scene. It should be all right for you to bring home your Florida date for an overnight stay, right?

Well, not so fast. Child custody attorneys say that family law issues could be affected by a parent's decision to have overnight guests. Although it is an adult's right to manage his or her own sexual relationships, overnight visitors may compromise your ability to receive child support. Further, child custody concerns could easily arise if a string of relative strangers is parading through a newly single parent's home.

Dads fight uphill battle for fathers' rights in Florida

The face of the Florida father is changing. Contrary to the tenets upon which fathers' rights were first established, a growing number of women are becoming the breadwinners that are increasingly responsible for child support and alimony. With more married fathers staying home with the kids, the administration of parental rights is rapidly changing.

The old formula of "boy meets girl, boy loses girl, boy pays girl" no longer applies in many alimony situations. Although mothers still end up with primary custody in some cases, fathers are also pushing for increased parental rights. In fact, more fathers than ever are staying home to raise their children; in 2012, the U.S. Census Bureau reported that 189,000 married dads made that choice.

The financial and psychological burdens of Florida alimony

After a Florida divorce, the spouse that is awarded alimony goes through a variety of emotional and financial changes. Experts say that the immediate effect of the divorce may be one of exhilaration -- imagine getting to do what you want, when you want to do it -- but the reality of alimony can cause some personal difficulties. Not only is that partner realizing that their financial status may change significantly, but they are also tasked with sorting out the psychological burden that comes along with relying on an ex to pay the bills. It is critical that alimony recipients learn how to manage their money so they can build retirement accounts and other critical safety nets.

Some alimony recipients feel as though they are still under the control of their ex-spouse because of the alimony payments. That is truly not the case. Recipients have earned a share of the marital estate, and they have the right to make a life for themselves using the alimony awarded by the court. It is possible to receive alimony gracefully when you consider the fact that you contributed to your ex's earning potential.

Move-away child custody cases challenging for Florida judges

Family judges in Florida and other jurisdictions often agree that some of the most difficult family law cases involve situations in which one parent is looking to move away from their current geographic area. In some child custody cases, the parent seeks permission to relocate to another state -- and sometimes even another country. No matter the distance, this type of relocation almost always leads to significant change.

Courts are not required to grant parents the permission to move with their children. In some cases, the judge decides that the best interests of the child would be served by everyone just staying put; in those cases, the non-custodial parent may benefit more. However, if the court fails to grant the request, the custodial parent could be required to move anyway, which would require the other parent to become more involved in the custody process. Children are often the losers in such cases, no matter the reason for the move.

How romantic! Valentine's identified as high season for divorce

Happy Valentine's Day! Let's get a divorce!

Those two phrases may not seem to go well together, but experts say that the most romantic holiday of the year also coincides with the high season for dissolving a marriage. Although scientists have yet to create a divorce database to provide empirical evidence, attorneys say that January and February seem to be the busiest when it comes to inquiries about divorce. The reason: Many Florida couples and other around the country wait until the holiday season is over to pursue their divorces.

Visa Master Card Discover Network American Express Avvo Ratings Guidance The Top Lawyer Super Lawyers