Schwam-Wilcox & Associates, Attorneys and Counselors at Law
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April 2016 Archives

SENATE BILL 668 ALIMONY AND TIME SHARING

Alimony and Time Sharing have been in the news very often lately due to the proposed reform of the same; however, on April 15, 2016 Governor Scott has vetoed the bill (see the attached link). What does this mean? What it means is that the joint bill proposing to remove the option of permanent alimony and to make equal time sharing the standard have not passed, and these changes will not take effect, as originally believed. These two (2) issues were part of the same bill, and since Governor Scott felt strongly about the child issue, it also caused the alimony bill to be vetoed as well. How does this affect your case? It depends on if you were going to be the payor or the payee of alimony, and how your strategy on settlement and or trial arguments may be affected by the law not going not going into effect. This is the same for the time sharing issue, it depends on if you were seeking equal time sharing, or have reasons to believe that the other parent should not have equal time sharing. For more information on time sharing, "custody", or alimony, you can contact the attorney at Schwam-Wilcox & Associates by calling 407-245-7700, e-mailing to info@cbswlaw.com or by visiting the website at www.cbswlaw.com

FATHER'S AND THEIR RIGHTS TO CHILDREN

Yes, Father's do have equal rights to their children; however, they have to be the "legal" father, not just the uncontested "biological" father. In order for a Father to be sure to preserve his contact rights, he will want to be adjudicated the legal father, by a Judge, even if the parents are still together. Being listed on the birth certificate is great evidence, if later the mother tried to argue that you are not the legal father, but that is not enough to exercise your rights. Once you are adjudicated as the legal father, you have the same rights as the mother, and may even be awarded a higher percentage of time sharing (custody), if the facts warrant the same. For more information on how you can preserve your rights you can contact the office of Schwam-Wilcox & Associates and discuss your facts with an attorney. The firm can be reached by e-mailing office@cbswlaw.com, by calling 407-245-7700, or by visiting the website at www.cbswlaw.com. Home Offices: Orlando

WHY DO I HAVE TO TAKE A PARENTING CLASS

When going through a dissolution (divorce), or paternity action, parents are required to take a parenting class. Most jurisdictions permit the parents to take this class on line; however, in Seminole County, a live class is required without Leave of Court . A Parenting Class provides parents with the tools and knowledge on how to co-parent when the family is no longer residing in the same home. Providing the other parent a prospective in potential situations prior to them happening, can be useful to parents to learn how to cope in difficult situations while maintaining harmony between the parents for the benefit of the children. Dissolution is stressful and difficult for adults, just imagine how difficult it is for a child who really does not know how to articulate themselves... learning how to read signs about children behaviors can be helpful with avoiding placing blame on the other parent for reasons that may not even exists. It seems absurd that to have children and raise them no one is required to take a class, but as soon as a dissolution or paternity action is filed, it is mandatory, this is because the stressors that legal actions can cause on a family can cause lifelong detriment to your child. Take the parenting class requirement seriously to be sure your child is getting the best from both of their parents. For more information on parenting classes, paternity actions (un-married parents splitting up) and/or dissolution actions, you can contact an attorney at Schwam-Wilcox & Associates by calling 407-245-7700, e-mailing to info@cbswlaw.com or visiting our website at www.cbswlaw.com. Home Offices: Orlando