Custody Law Changes
The Florida Legislature made some changes to Florida’s divorce related laws in 2008. The main change relates to custody and visitation with children when parents are divorcing. The Legislature removed all references to "custody," "custodial parent," "primary residential parent," and "visitation," and replaced those terms with a requirement for "timesharing" and for a "parenting plan." The parenting plan is to be a document - either agreed to by the parents or imposed by the Court - which governs the relationship of the parties in regard to decisions which must be made for the minor child or children, and which must include a timesharing schedule.
The Legislative staff analysis of this law promises, "This bill eliminates what is considered by many to be outdated and negative terminology related to divorcing parents and their children in order to reduce animosity in relationships between and among family members and thus improve family circumstances for children."
This bill also repeals the "rotating custody" provision of the statutes, and added several factors for the Court to consider in fashioning a parenting plan when the parties cannot agree. These factors are all aimed at determining which parent puts the needs and interests of the child(ren) ahead of the parent’s, and the proclivity of the parents to reach mutual decisions and to foster a good relationship between the child(ren) and the other parent.
Those of us who have practiced law for 25 years or so saw similar changes when the Legislature changed references to "custody" in favor of references to "shared parental responsibility" and "primary residence." Then provisions for "rotating custody" were adopted. All of this came with predictions that changing labels will change people’s feelings and personalities. The thing is that almost all divorces come with hurt feelings, anger, bitterness, feelings of betrayal, guilt, and so on. Until the parties have a chance to work out those feelings, labels are not likely to change their attitudes. Only the most mature person can set aside such hurt feelings toward the other parent and conceive of the type of shared parenting plan envisioned by the legislature.
June 24, 2008 09:46
AAML Conference
May was a month for several important family law related conferences. Soon after returning from St. Louis and the American Academy of Adoption Attorneys conference, Cynthia Swanson traveled to Orlando to attend the 2008 conference of the American Academy of Matrimonial Lawyers. The two day institute provided up to the minute information and tips on divorce related matters. Included was an in depth look at award of permanent alimony throughout the state of Florida, as well as great workshops on using forensic CPAs for valuation of businesses, for discovery of hidden financial assets, and tips on the tax aspects of dissolution of marriage cases. In addition, we had a first look at Florida Senate Bill 2532 which created some changes in custody and visitation issues. We’ll have more about that in a later blog entry.
This conference takes an advanced and sophisticated look at complex and sophisticated family law issues. Our firm works hard to stay on the cutting edge of matters which affect our clients. We always want to provide you with the best information, so you can make the best decisions for your family.
June 18, 2008 19:04
Florida Registered Paralegal Program
Congratulations to our Florida Registered Paralegal, Darcy Kochanowsky. On March 1, 2008, the Florida Bar began registering paralegals in our state. Darcy received her certificate on March 27, 2008 and we are pleased to congratulate her on this accomplishment.
June 11, 2008 19:43
Annual Conference - American Academy of Adoption Attorneys
Darcy Kochanowsky and Cynthia Swanson recently attended the very informative annual conference for the American Academy of Adoption Attorneys (AAAA) in St. Louis, Missouri. This conference was two and a half days jam-packed with adoption training and information on the various practices and procedures that govern adoption and related areas. We expanded our knowledge about the Indian Child Welfare Act (ICWA), Assisted Reproductive Technology (ARTS), the Interstate Compact for the Placement of Children (ICPC), and biological and genetic testing, among other things.As a practitioner in the field of adoption for more than 25 years, I am amazed at how the field of the creation of families mirrors our society and our science. The conference was really informative. We are looking forward to a fabulous year with the AAAA, and all the colleagues and new friends we met in St. Louis! We work to keep up to date in all these areas in order to provide the best information and service to our clients.
May 20, 2008 11:50
Gifts for preschool children
Presents collected for preschool children at Prairie View Academy by Cynthia Stump Swanson, P.A. during December 2007 Open House
December 18, 2007 09:53
Nomination for The Chief Justice’s Law Firm Commendation 2008
We are proud to announce that we were nominated for The Chief Justice's Law Firm Commendation 2008 by Three Rivers Legal Services. Their nomination, in part, reads as follows: The law firm of Cynthia Stump Swanson, PA is a small, two-attorney firm in Gainesville, Florida located in rural north central Florida. Throughout the years, Ms. Swanson and her associates have accepted and represented a variety of pro bono clients primarily in family law matters referred from Three Rivers Legal Services.
The cases accepted by this firm often involve difficult custody disputes, domestic violence and divisions of small family businesses and property. In addition, the firm has also accepted referrals of clients with employment problems, guardianships and adoptions. This firm’s willingness to take on such cases either herself or with one of her new associates provides an invaluable service to the clients of Three Rivers and they have provided more than 200 hours over the past years. Ms. Swanson and her firm recognize the need for pro bono representation for those clients referred through Three Rivers as well as those who come into their office without the resources to hire an attorney.
In addition to her work with Three Rivers, Ms. Swanson is very active with and has provided countless hours of pro bono services to Planned Parenthood of North Central Florida. Her work with the organization includes providing advice when Planned Parenthood is subpoenaed for release of records; reviewing contracts; making recommendations and negotiating changes; assisting with employment concerns, personnel policies and Board matters; and reviewing laws regarding health care services, pharmacy dispensing, physician privilege, treatment of minors and the scope of practice for nurse practitioners.
The firm’s pro bono work also includes working with the Interfaith Hospitality Network assisting homeless families in crisis, the Micanopy Historic Preservation Trust which they helped establish, the Gainesville Commission on the Status of Women, the Pilot Club of Greater Gainesville, the Pilot Scholarship House, the North Central Florida AIDS Network and EXPO - The Children’s Museum of Gainesville. Ms. Swanson has been active in the 8th Judicial Circuit Bar Association, the Florida Association of Women Lawyers, the Florida Adoption Council, the League of Women Voters and several task forces of The Florida Bar.
December 07, 2007 15:49
GRAND OPENING OF WEBSITE!
Welcome to our new website. We hope it provides you with useful information. Please call us for more.
September 28, 2007 08:51