Author Archives: Sean Smallwood
Social Media In Divorce And Child Custody Cases
These days social media is everywhere, but, it has serious rules attached in divorce and custody litigation One area of evidence and trial presentation that has become extremely popular right now for divorce attorneys is whether or not social media posts, updates, and messages are admissible in divorce court and what responsibilities lawyers and their… Read More »
Why Do Parents Put Off Calling Divorce Lawyers In Child Custody Cases? The Age Old Question Examined
We Looked At The Most Common Reasons We Hear From Parents For Hesitating To Call A Divorce Attorney For Their Child Custody Case. Do Any Of These Sound Familiar? The single most common problem that I see in family law and divorce cases of all types. The fact is that nearly half of the… Read More »
Can Fathers Exercise Visitation With Children If They Are Not On The Birth Certificate
In Fathers Rights Cases Can A Father Exercise Visitation With His Child If he Is Not On The Birth Certificate One misconception that many dads involved in child custody cases may have is in thinking that they do not have rights to child visitation if they are not listed on the birth certificate. This… Read More »
Rosie O’Donnell Drug Tests Before Visitation In Custody Case?
Will Rosie O’Donnell Need To Pass Drug Tests To Have Visitation With Her Daughter? A Lawyer’s View Rosie O’Donnell is involved in a same sex child custody case with her wife, Michelle Rounds, over her 2 year old daughter, Dakota. Rounds’ lawyers are seeking a court order for O’Donnell to have to submit to… Read More »
Chris Brown Child Support Battle May Be Bad News
Chris Brown May Have Lost Himself A Sweet Child Support Deal Chris Brown has found himself in a legal battle over child support and may end up losing the sweet deal he had on his child support payments. Chris Brown is currently ordered to pay $2500 per month as child-support to the mother of… Read More »
Holiday Time Sharing Ideas For Dads And Kids
As the Holidays Draw Near Many Fathers Are Exercising Holiday Visitation With Their Children. Here Are Some Ideas To Break Through The Awkward First Few Days As the holidays roll around many parents make preparations to exercise their holiday time-sharing with their children. Most parenting plans provide for at least a week for each… Read More »
Paternity, Child Custody, and Different Types of Child Support; A Tangled Web
Paternity Cases Usually Come With Their Own Set of Problems Aside From Just Child Custody Issues One of the most common types of child custody cases seen by parents, judges, and attorneys these days is the situation where an unmarried couple has a child, splits up, and one of the parents refuses the other… Read More »
Back To School Tips For Parents With Summer Child Custody Schedules
Back to School Tips for Parents With Summer Child Custody Schedules As summer draws to a close and parents get mentally prepared to once again have the kids ready for school early in the morning there are a handful of things that parents who have summer child custody time-sharing schedules of a child will… Read More »
Why Won’t She Allow Me To Be There For The Birth Of Our Child?
Why Won’t She Allow Me To Be There For The Birth Of Our Child? By: Sean Smallwood, ESQ As an Orlando divorce attorney one question that many of my male clients ask me is; why can my ex tell me I can’t be there to see the birth of my child? Most of the… Read More »
How To Win Your Child Custody Case
It Is Very Rare That A Party To A Custody Case Feels Like They Won, However, The Secret To Winning Is Easier Than Most People Think Most of the time when the dust settles after a child custody case and the parents walk out of court both sides will feel as though they have… Read More »
Child Support Cases That Include Daycare Costs in Orlando, Florida
Orlando Child Support Attorneys Often Face Adding Child Care Costs to Child Support Calculations, However, There Are Some Situations Where They Do Not Go Into The Calculation One issue that often goes hand and hand with child support cases is the situation where a child or children who are part of the support case… Read More »
Contempt in Department of Revenue Child Support in Orlando, FL
Contempt Issues in Department of Revenue Child Support Cases in Orlando, Fl For anyone who pays child support in Florida, in a family law case that involves the Department of Revenue, the negative consequences of non-payment are always waiting just around the corner. Very often parents who owe support lose their jobs, have their… Read More »
Why Child Custody Cases Are About So Much More Than Just Litigation
If You Think Custody Cases Are Only About Litigation; Then You Have Only Seen The Tip Of The Iceberg A very seasoned family court judge, whom I hold in the highest regard, once told me that “If a custody case goes to trial then the attorneys have failed somewhere along the way…to go to… Read More »
Child Custody Cases and False Domestic Violence Injunctions
Very Often A Parent Will Allege Domestic Violence In A Custody Case Which Leaves Judges And Lawyers To Figure Whether Violence Took Place Or If It Is An Attempt To Gain Advantage In Litigation Throughout the litigation process in family law cases it is quite common to see a party file what is known… Read More »
Guide to Divorce for Men
Guide to Divorce for Men Most men often find themselves in situations when their spouse decides to file for divorce without any prior discussion. In such fathers rights situations, men find themselves left out from their wife’s decisions who decide to file for divorce. This is not an easy thing to deal with for them… Read More »
Who Is The Best Divorce Attorney In Orlando, Florida
Who Is The Best Attorney For Divorce In Orlando, FL? This is a question that many people have as they begin their search for an attorney to represent them in their family law or divorce litigation. Some would assume that the best attorney would naturally be the most expensive and this is sometimes true…. Read More »
Modification Of Divorce Judgments
How Can I Modify My Final Judgment From My Family Law Case? When it comes to judgments ordered stemming from family law cases the ability to seek a modification will depend on what provision from the order one seeks to change and how much time has passed since the entering of the order. The… Read More »
Shared Parental Responsibility In Child Custody Cases
Where Does Shared Parental Responsibility Come From? What Do I Need To Know? When it comes to family law cases in Florida there are many different things that the courts will look for when deciding the case. Some of these come from the statutes which are codified laws developed by the legislature while other factors are… Read More »
Grandparent Child Visitation Rights Addressed by Recent Florida Cases
Grandparent Child Visitation Rights Addressed by Recent Florida Cases A Guest Post Two parents in Tampa, Florida did not react well to losing custody of their two children to the maternal grandparents. The father barged into his mother-in-law’s house, tied her up, and fled to Cuba with the children and his wife. Luckily, the… Read More »
Can I Fight A Child Relocation In Florida
Child Relocation Cases Are A Serious Business In Florida Courts. Orlando Attorneys Often Must Fight A Child Relocation In Florida. Anytime a parent wishes to move more than fifty miles from the court that issued their current final judgment that parent must file a proper petition to relocate with the child. Much of the… Read More »
Divorce Waiting Periods In States Other Than Florida
South Carolina Bill Would Shorten Waiting Period for No-Fault Divorce Will Florida Be Affected? Right now, in South Carolina, if a couple wants to get divorced, the couple has to be separated for at least one year. If one spouse alleges adultery, physical cruelty, desertion or habitual drunkenness, a divorce can be obtained in… Read More »
Many People Are Looking For a Christian Attorney In Orlando
Why Would Someone Seek A Christian Attorney in Orlando for Their Family Law or Divorce? Here is Why and Where They Can Look. One question seen often by law firms and managers of lawyer directories is “where can I find a Christian Orlando family law attorney?” While many people may not understand the difference… Read More »
Will New Florida Alimony Law Affect Me?
New Alimony Reform Law in Florida Will Affect Many People. Will You Be One Of Them? Our Orlando Alimony Attorney Discusses: The proposed alimony reform law in Florida SB 718 will, if signed into law, affect all new alimony cases finalized after July, 1, 2013 and will open the door for old alimony cases… Read More »
Out of State DOR Child Support Cases
When Orlando child support attorneys have cases that involve out of state child support in front of the DOR Sometimes the solution is simpler than you would think. The Florida Department of Revenue, or the DOR, is an arm of Florida government that initiates child support actions on behalf of parents needing child support.This… Read More »
Florida Senate Bill 718 Changes The Way Orlando, Florida Attorneys Deal With Alimony
Florida Senate Bill 718 Passes and Brings Big Changes to Florida Alimony For the past few weeks we have been following Senate Bill 718 which proposes to do away with permanent alimony, place significant restrictions on alimony awards, and make 50/50 time-sharing in child custody cases a statutory presumption. As previously discussed on our… Read More »
Intentional Underemployment In Orlando Divorce Or Child Support Actions
How To Deal With Intentional Underemployment In Divorce Or Child Support Cases. In Florida divorce and child custody cases an issue that comes up quite often is where one party intentionally loses or causes themselves to lose their income. This is called intentional unemployment and it happens for many reasons; one spouse wants to… Read More »
When Can I Get a Modification of Child Support?
There are certain times at which your Orlando Attorney can seek a modification of your child support: The Florida statute that address child support sets forth certain situations where a person may seek a modification of a child support payment. It does not matter if you are the parent who pays or receives the… Read More »
Can I Represent Myself In A Family Law Case?
Should Non-Lawyers Try To Represent Themselves In Family Law Cases? Family law cases in most states are not treated the same way as criminal cases. In a criminal case where a defendant’s life and/or liberty are in jeopardy the state will appoint a public defender to represent the defendant if they can not afford… Read More »
Lawmakers Do Away With Permanent Alimony
The Florida Senate Has Voted and the Result Means the End Of Permanent Alimony in Family Law and Divorce Cases On Thursday, April 4th SB 718 was approved by Florida lawmakers in Tallahassee which puts an end to permanent alimony, also known as spousal support, places limits on alimony awards based on a person’s… Read More »
Grandparent’s Rights Bill Gains Speed: Orlando Child Custody Attorney
Florida Child Custody Attorneys May Soon Add Grandparents Rights To Their List Of Services: Grandparent’s rights is an area of Florida child custody law that has historically been very limited. Currently, one of the only ways a grandparent can be granted court ordered time-sharing with a child is in a dependency court which is… Read More »
