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You may be a better parent after the divorce

On behalf of Davis and Konicek, P.A. posted in Fathers' Rights on Thursday, May 16, 2013.

Divorce can be a very sensitive topic, particularly when people are involved in the process. While the situation may seem dire, both involved spouses should do their best to keep calm throughout the dissolution, especially if they are parents. A divorce between parents brings a number of issues that are not addressed in a divorce between childless couples: parenting plans, visitation periods, child support and the custody determination itself. Many couples struggle to come to an agreement over the children, but with the assistance of a level-headed attorney and moderately amiable circumstances, some parents find that they are better for their children separated than they were when they were together.

Parents hoping for the outcome that will best benefit their children should focus on them during the process. This gives a divorcing spouse the chance to understand the perspective of the child and how the split is affecting them. By approaching the situation with this mentality, a spouse can realize that the other parent -- though she or he will soon be an ex-spouse -- will be a part of the kids' lives for the foreseeable future. Many experts agree that having both parents in the lives of a child after divorce is the best situation.

Spousal support bill vetoed by Florida governor

On behalf of Davis and Konicek, P.A. posted in Divorce on Friday, May 10, 2013.

The governor of Florida has made a decision regarding the alimony bill that many parties were both for and against. Gov. Rick Scott vetoed the bill based on the grounds that it would be retroactive and its passing could cause a tremendous amount of financial turmoil for individuals that are already divorced and rely on the income generated through spousal support. Many people spoke out after the veto was announced.

Supporters of the bill believed that it would end the unfair attachment and responsibility that many ex-spouses are subjected to through lifetime alimony. Proponents wanted to see lifetime alimony eliminated. If approved, the bill would have made it more difficult for spousal support to be awarded in marriages that lasted 11 years or less. But Scott said that the passing of the bill could result in even more unfairness, potentially affecting many divorced individuals in negative and unpredicted ways.

New bill seeks to terminate parental rights of certain criminals

On behalf of Davis and Konicek, P.A. posted in Child Custody on Friday, May 3, 2013.

The Florida state legislature is addressing what some believe is a major hole in current law. According to reports, a new bill is ready to be put on the desk of the governor that will bar rapists from pursuing child custody rights. The bill was passed by the Senate and then saw a landslide vote in support of it in the House, 115-0.

The bill, known as SB 964, was sponsored by Democratic Senator Joseph Abruzzo. Its counterpart bill in the House was sponsored by Democratic Representative Dave Kerner, a man who recently spoke openly on the matter. According to him, current Florida law does not allow the courts to remove the parental rights of a rapist on the grounds that a child was conceived through rape. Instead, the victim would have to prove that having the person around the child would be detrimental to development and thus, not in the best interests of the child.

Alimony reform bill may affect child custody rulings

On behalf of Davis and Konicek, P.A. posted in Child Custody on Tuesday, April 23, 2013.

Divorce is something that affects many children in Orlando, Florida. With this in mind, a new bill that recently passed the state Senate is extremely important. Known as SB 718, the statute looks to modify current laws regarding alimony. The bill is expected to be heard in the state House some time soon. The important factor here affecting children is not the alimony reform itself, but an amendment to the bill that could drastically affect both child custody and support.

According to reports, a committee amendment to the bill declared that equal time-sharing is presumed to be in the best interest of children. This would mean that children would spend 50 percent of their time with their mom and 50 percent of their time with their dad.

Despite what society might say, divorce is not evil

On behalf of Davis and Konicek, P.A. posted in Divorce on Monday, April 15, 2013.

Marriage is not for everyone. Many people in Orlando, Florida, can speak to this sentiment, having been through a divorce themselves. Though society says that people should stay married until death, many people are still choosing to divorce. Why is that? There are a number of issues that can arise in a marriage and different factors that play into each of them.

For example, some couples get divorced because communication has broken down and one or neither of them wants to work toward repairing the relationship. Other couples decide to call it quits because arguments are escalating over topics such as sex and money, two hot-button subjects for many married individuals. Then there are the more serious issues such as domestic violence.

Florida alimony reform: What are the ramifications?

On behalf of Davis and Konicek, P.A. posted in Divorce on Thursday, April 11, 2013.

One of the big items on the legislative agenda in Florida right now is alimony reform. The Senate passed a measure on a bipartisan vote last week and the House companion bill is coming up for a vote this week. Sponsors of the measure predict it will pass.

Depending on the source of the rhetoric, the ramifications of the expected changes are both utterly unnecessary and potentially damaging to the well-being of recipients of alimony, or they represent Florida's arrival into the 21st century in terms of the realities of divorce in the modern era.

Vacated order means restored joint custody for Carole Crist

On behalf of Davis and Konicek, P.A. posted in Child Custody on Friday, April 5, 2013.

Anyone who keeps up with current events in Florida is probably aware of the back-and-forth family law disputes being waged between former first lady Carole Crist and her ex-husband. The latest development reported is that Crist has succeeded in recovering joint child custody of her two teenage daughters. Word of that change comes from her attorney; however that hasn't been independently confirmed because details of the proceedings are sealed.

Crist and her former husband, Todd Rome, divorced in 2007. Their split ended a 14-year marriage, but it did not end the contentious relationship. Both adults went on to marry other spouses, Crist marrying then-governor Charlie Crist in 2008.

Mediated, collaborative divorce: A kinder way to make the break

On behalf of Davis and Konicek, P.A. posted in Divorce on Friday, March 29, 2013.

There is one thing that can be said about the law, Florida family law in particular. It is that it is never dull. Each case requires a depth of understanding of the intricacies of unique personal relationships to achieve an acceptable outcome. And then there is the ever-changing dynamic of how we, as individuals and as a society, view divorce.

For many, the concept of divorce may be immersed in a bath of animosity. It may be hard to imagine the dissolution of a marriage relationship occurring without a lot of rancor and legal struggle. Given the array of issues that need to be sorted through such as child custody and support, visitation matters, parenting plans, division of property, possible alimony, it's may be no surprise that the process becomes very adversarial.

Paternity suit against Michael Jordan dropped, for now

On behalf of Davis and Konicek, P.A. posted in Child Support on Tuesday, March 19, 2013.

When a question of family law related to children is raised before the Florida court, the overriding concern is what is in the best interest of the child. That should come as no surprise to readers of this blog. It's a point we make regularly. The issue that often creates problems is the interpretation of what is in a child's best interest.

In any given case there can be a lot of competing interests. A father with a checkered past may have a desire to take on his parental responsibility and see that hope dashed. A child might have medical issues and benefit from knowing who both his biological parents are. Child support and the long-term well-being of the child may come into play, too. All factors need to be weighed by the judge. Chances are someone will be unhappy with the results.

Appeals court prenup ruling sparks debate in divorce law circles

On behalf of Davis and Konicek, P.A. posted in Divorce on Thursday, March 14, 2013.

Every state has its own laws and so what happens in one state can't necessarily be applied to any other. Still, a ruling by an appeals court rejecting one couple's prenuptial agreement is sparking debate among family law attorneys in Florida and the rest of the country. The question being asked is whether one woman's successful challenge of her prenuptial contract represents a precedent or a one-time circumstance.

The basis of the woman's argument has been that she was coerced into signing the agreement with a verbal pledge from her then-fiancé that it would be torn up once they started to have children. That didn't happen, so the woman claimed she was defrauded.

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