I was driving into work this morning and listening to the radio. Normally, I tune out commercials, but one truly struck me. It was for a law firm about family law, and the commercial suggested that due to changes in the law, the term “child support” no longer exists. That gave me a chuckle as I drove into my office, as “child support” as a term and concept are alive and well in Florida, but it reminded me that a lot of people still do not understand the changes to family law cases that came into effect on October 1, 2008. A significant change that people seem to have difficulty with, is that courts no longer designate a primary care parent (primary residence). This designation was Florida’s version of custody until last year. When it really came down to it, primary care was just a reflection of what amount of time a child spent with each of the parents. The parent that had more time was the “Primary Care Parent’ and the other parent was the ‘Secondary Care Parent.’ This nomenclature placed a value judgment and misleading apparent authority on the “Primary Care Parent’ that did not really exist. This title became a hotly litigated issue, and part of the goal of the recent legislation was to reduce litigation by simply eliminating the title anymore. Now, Courts are to include a ‘time-sharing schedule’ as part of a ‘parenting plan’. ‘Time-sharing’ is the new name for how we divide the time the child spends with each of their parents. It replaces the terms ‘custody’, ‘visitation’ and ‘access and contact’. These terms are now taboo. The removal of the label of ‘primary care’ in Family Law matters, removed the recognition that one parent has more apparent authority than another. It is also hoped that by removing that recognition, the Legislature has removed a reason for conflict in dissolution of marriage and paternity cases. In handling your cases remember to use the term “time-sharing” and avoid using the terms “custody”, “visitation”, “access and contact”, primary residence”, “primary parent” and “primary care parent”

Matthew B. Capstraw, Esquire - The Family Law Firm, Norman D. Levin, P.A., Longwood, Florida 32750 (407)834-9494—mcapstraw@helpisontheway.cc

At the same time that the parenting plan requirements were adopted in Florida, the legislature revised the factors that a Court must consider in determining what the Court imposed Parenting Plan and Time-Sharing schedules will be. Some changes are linguistic. Some are recognition of items that have always fit in the old categories. But some are new. The factors now include: 1. The Best Interest of the minor child - The primary consideration - No change. 2. All factors affecting the welfare and interests of the minor child - New Language. 3. The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent child relationship , to honor the time-sharing schedule, and to be reasonable when changes are required. - Linguistic Change 4. The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties. - New Language - Was previously considered without factor. 5. The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs and desires of the parent. - New Language - New Emphasis 6. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity. - No change 7. The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. - New Language - New Emphasis 8. The moral fitness of the parents. - No change - Courts hate this factor 9. The mental and physical health of the parents. - No change. 10. The home, school and community record of the child. - No change. 11. The reasonable preference of the child ( if mature enough to express) - No change. 12. The demonstrated knowledge and capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities and favorite things. - New Language - Was considered before under best interests. 13. The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime. - New Language - 14. The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child. - New Language - 15. Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues have been brought. - Revised old language - 16. Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect. - Expanded prior language re domestic violence to other misconduct - 17. The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.- New language- 18. The demonstrated capacity of each parent to participate and be involved in the child’s school and extracurricular activities. New language - 19. The demonstrated capacity of each parent to maintain an environment for the child which is free from substance abuse. -New language - 20. The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child. - New Language - 21. The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs. - New language - 22. Any other factor that is relevant to the determination of a specific parenting plan, including time-sharing schedule. - No change-

These factors should be closely analyzed in the event that you have this type of dispute. Give the Court evidence on each factor to convince the Court that your parenting plan provisions and your time sharing schedule should be adopted.

Norman D. Levin, Florida Board Certified Marital & Family Law Attorney and Fellow of the American Academy of Matrimonial Lawyers

With great anticipation Norman D. Levin, P.A. (The Family Law Firm) has announced the creation of 2 Family Law Self Help Centers in the Metropolitan Orlando, Florida area. The firm stated that its concept is unique amongst private law firms throughout the United States and is designed to provide centers where any lay person, who cannot afford full representation or who chooses for other reasons to represent themselves, can go and receive unbundled assistance and guidance and have a location to perform their legal work. The Center provides legal advice, paralegal assistance, functional forms, computer stations, simple work stations, training classes and other unique services. “ This is a la carte legal services at very reasonable prices” stated Mr. Levin, the creator of the concept. A pro se party may hire an attorney to perform certain services for them or assist them with their case without acting as their attorney in all of the proceedings. This is called unbundled legal services or “Limited Appearance.” The attorney and their staff could: 1. Act as a coach for the pro se litigant 2. Help Prepare a parenting Plan for the Pro Se 3. Help Prepare Financial Affidavits for the Pro Se 4. Help prepare the Pro se to have their deposition taken or to take the deposition of another party or witness. 5. Take a deposition for the pro se 6. Prepare discovery requests for the pro se 7. Assist the pro se in analyzing evidence 8. Prepare Pleadings or Other documents for the pro se litigant 9. Attend and represent the pro se litigant at certain hearings, mediations or meetings without being responsible for the balance of the case. 10. Assist the pro se litigant by performing legal research or drafting a memorandum.11. Direct the Pro se litigant to forms or provide the pro se litigant with forms 12. Assist the Pro se in filling out forms 13. Provide education to the pro se litigant 14. Virtually any other task that can be imagined. For more information on the Family Law Firm Family Law Self Help Center go to www.familylawselfhelpcenter.com . As an Academy Fellow, we seek to Improve The practice of Family Law and we think these centers will start a new trend of services for a greatly ignored population of potential clients. “If we are successful with this concept we plan to attempt to open offices all over the country.” The Self Help Centers use DPA(Divorce Power Analyzer), a computer software product created by Mr. Levin, and published in 11 states. The software is used as a case management system for all users of the center and can greatly reduce the cost for pro ses to prepare documents and calculations for their cases. They also use PARBasic , a computer generated Parenting Plan, also created by Mr. Levin ( www.parentingplanonline.com ) and other computer generated forms as well as state model forms.

The Florida Legislature has again changed Florida Parenting laws effective October 1, 2009 but many of these changes may affect cases going on currently. This blog features a brief survey of the types of changes that are coming. The law changes can be found in SB 904 as amended on the floor. This will be the ER version and can be found at www.flsenate.gov . Of course everything in this blog assumes the Governor will sign the bill into law. Section 9 provides that the act takes effect 10/1/09. The bill effects the following legal areas: 1. Parenting Plan Additions and Revisions 2. Requiring Parenting Plans to have provisions for the address to be used for school-boundary determination and Registration 3. Who can make Parenting Plan Evaluations 4. Creation of a statute governing Parenting Coordinators 5. Setting Required qualifications for Parenting Coordinators 6. Setting Standards required for modification of parenting plans and Requiring a showing of a substantial, material change in circumstances since the prior order and showing that change is in the child’s best interest 7. Adding the rebuttable presumption of detriment to minor children for 1st degree misdemeanor convictions of domestic violence 8. Revising the law and procedures for relocations and providing for quick hearings and trials

Future blogs will cover these items individually in more detail. Norman D. Levin, Esquire The Family Law Firm Longwood, FL, 407-834-9494 ndlevin@helpisontheway.cc