Welcome to our Family Law Blog
The attorneys at The Law Office of Silverman, Vorhis & Doan know how hard it is for people with family law questions to find up-to-date information about family law. Divorce, child custody and support, equitable distribution, injunctions and other family law areas are fraught with constantly changing statutes and case law. Our attorneys work hard to stay on the cutting edge of family law so that we can offer the best possible representation to our clients in North Central Florida; including Gainesville, Lake City, Ocala, Palatka, Bronson, Archer, Newberry and Trenton.
The goal of our blog is to update and inform our readers with informative and practical tips about family law such as how to prepare for a divorce, file or defend against an injunction and how to estimate child support. Our attorneys will use their more than 20 years of combined legal experience to answer some of the most common questions people have about family law. If you would like to suggest a topic, please contact us. Remember, the best advice comes from speaking to a family law attorney who can address your specific situation. For more information about any of the topics on our blog or to speak directly to a family law attorney, please contact one of our attorneys for a consultation. We look forward to speaking with you.
Living with Mom or Dad: When does the child's preference matter?
Posted by: Joshua Silverman
July 24, 2011
Topic: Child Custody and Parenting Plans
We often get the following question from our clients: "My child want to live with me and not his father; does that matter?"
The simple answer is that if the child is old enough, his or her preference does matter, but often not as much as people think. There are a few things someone getting divorced need to realize when it comes to the parental preference of the children in a divorce:
No Bring Line Age
There is no bring line age at which the child's parental preference is controlling. There is no bright line age when the child will even be allowed to testify to his or her preference. You should consult with an experienced family law attorney about how to best approach the issue of the child's time sharing schedule (formerly known as "custody"). The attorneys of Silverman, Vorhis and Doan can help guide you through this process and tell you how local judges have handled this matter in the past.
Preference Never Controlling
Even once a child reaches the ages of 16 or 17, his or her parental preference is not controlling. The Court is always bound to determine the best interest of the child. If the Court believes it would be better to place the child with one spouse as opposed to the other, it will do so, even over the child's strong preference.
Practical Tip: Minor children cannot come to court or testify without the prior approval of the court. NEVER bring a child to court without a WRITTEN order from the judge.
Child's preference only one factor
The court will examine numerous factors in determining the best time sharing plan (formerly known as custody) for a particular child. In our experience, parents often focus on this factor above all others. Parents need to realize this factor does not hold any additional weight over any other of the statutory factors. An experienced attorney such as the attorneys at Silverman, Vorhis & Doan can help you go over these factors and develop a proposed parenting plan that best serves your needs and the needs of the child. For a free consultation, call us at 352-337-8373.
Paternity - What it is, and how it is established
Posted by: Joshua Silverman
January 12, 2011
Topic: Paternity
The what and how of paternity -- what is legal fatherhood, and how can it be established?
Parenting Plans - Custody and Visitation, and Much More
Posted by: Joshua Silverman
January 12, 2011
Topic: Child Custody and Parenting Plans
What is a parenting plan, and what goes into it? This article describes how the traditional concepts of child custody and visitation have been re-worked to allow and require parents and the law to consider a broad range of issues involved in parenting.
Using Electronic Evidence and Recordings in Your Family Law Case
Posted by: Joshua Silverman
January 06, 2011
Topic: Electronic Evidence - Family Law in the Digital Age
Using e-mails, text messages, video and audio recordings and other electronic evidence in your family law case -- the good and the bad, the legal and the illegal.
Obtaining a Domestic Violence Injunction
Posted by: Joshua Silverman
June 17, 2010
Topic: Domestic, Repeat Violence, and Sexual Violence Injunctions
How does a person obtain a domestic violence injunction? What is an injunction, and what can it do? This article examines Florida' domestic violence injunction law, and how it can help or affect you.
Topics
Alimony and Spousal Support
Child Custody and Parenting Plans
Domestic, Repeat Violence, and Sexual Violence Injunctions
Electronic Evidence - Family Law in the Digital Age
Getting it Right: The Impact of Taxes on Child Support Calculations
Paternity
Recent Updates
July 24, 2011
Living with Mom or Dad: When does the child's preference matter?
January 12, 2011
Paternity - What it is, and how it is established
January 12, 2011
Parenting Plans - Custody and Visitation, and Much More
January 06, 2011
Using Electronic Evidence and Recordings in Your Family Law Case
June 17, 2010
Obtaining a Domestic Violence Injunction