Toner Law Office

Need some direction about parenting timesharing in light of COVID-19? Courts in our area recently issued direction to help guide parents during the "shelter in place" order.
According to the recent standing order for this area, since there is a shelter in place order, the parents are to discuss where the children are in the best position to meet the requirements of their school, remain with siblings if possible and be safe. If the parties can’t agree, the party with majority timesharing shall keep the children until the shelter in place order is lifted. If necessary, the court can order make-up timesharing once the emergency orders are lifted and things return to normal.

QUESTION: How old does a child have to be to decide whether to live with mom or dad in a divorce case?
ANSWER: I hear this question a lot from clients who are dealing with a divorce including parenting time issues. Of course, children don't make the decisions, the parents and judge do. But a child may be able to have input as to his/her preference. A judge may talk to a child to find out about the situations at both homes, including their relationship with the parent and with any other person in the home (like new boyfriend/girlfriend). If there are allegations about the conditions in the home, the judge will ask about that too. This child interview will not be in open court in front of the parents. The judges I've seen talk to the child do so in their private chambers, with another person present (such as the judicial assistant). There is no specific age for the child to be allowed to speak to the judge, and the statute states the court can consider the reasonable preference of the child who is of sufficient intelligence, understanding and experience. In real world terms, that usually means teens.

Question: I want to file for divorce. If I leave the home that my spouse and I jointly own, will that mean I abandon my financial interest in the house?
Answer: No, you would not be giving up the right to your share of the house value. If you want to leave, you may do so, and you'll still be able to claim your part of the home's equity. However if you have children, the issue of leaving the home is more complex. There are parenting time issues to be considered, and you should ask a lawyer the best course of action.

QUESTION: When an unmarried couple have a baby together, what rights do the dad have? Can the mom make unilateral decisions about the child?
ANSWER: The unmarried mom is the natural guardian and sole custodian of the child. She can make all decisions. Unless and until a judge has made a finding of paternity, the dad's parental rights are extremely limited.
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I'm at the Marital & Family Law seminar in Orlando this weekend, learning about Paternity issues and much more.