Family Law | Rebecca H. Fischer, P.A.

Can courts treat neurodivergent parents unfairly?

bkabritsor — Tue, 18 Mar 2025 17:46:21 +0000

Family courts aim for fairness, but neurodivergent parents often face extra challenges. Bias and misunderstandings influence custody and parenting decisions. Learning about these issues helps you prepare and advocate for yourself. How courts misunderstand neurodivergent parents Judges and others may misinterpret neurodivergent traits. Avoiding eye contact, reacting strongly to sounds, or communicating differently can create confusion. Courts might assume a neurodivergent parent struggles with caregiving, even when evidence proves otherwise. Stereotypes also create problems. Some believe neurodivergent parents cannot maintain routines, stay organized, or regulate emotions. These assumptions unfairly influence custody rulings. Courts must consider facts, but bias often affects decisions. Ways to prove parenting ability Strong evidence helps correct misconceptions. Letters from therapists, doctors, or professionals can confirm that neurodivergence does not impact parenting. Teachers, babysitters, or co-parents can share positive experiences to support your case. Demonstrating a reliable support system also strengthens your position. Using tools, routines, or community resources proves your ability to meet your child’s needs. Laws that protect neurodivergent parents The Americans with Disabilities Act (ADA) prohibits courts from discriminating against people with disabilities, including neurodivergence. If a court decision shows bias, you have the right to challenge it. Requesting alternative communication methods or evaluations can help ensure fair treatment. Florida law includes protections for parents with disabilities. Under Fla. Stat. §61.13, courts cannot deny custody based solely on a parent’s disability. Instead, they must consider actual parenting ability and whether reasonable accommodations can support the child’s best interests. Researching local laws helps you understand your rights. Speaking up for yourself and using available resources can make a difference. How to challenge unfair decisions If a court ruling relies on bias instead of facts, you can take action. Filing an appeal, providing expert testimony, or seeking help from disability rights organizations can support your case. Courts must judge parenting ability based on facts, not stereotypes.The post Can courts treat neurodivergent parents unfairly? first appeared on Rebecca H. Fischer, P.A..

What are the factors that impact the amount of child support?

tj.macapagao@thomsonreuters.com — Mon, 29 Jul 2024 12:50:29 +0000

Juggling finances after a divorce can feel like walking a tightrope, especially when children are involved. Many parents wonder, “How much will I have to pay for child support?” This seemingly simple question often leads to sleepless nights and heated debates. Understanding the basics can be crucial whether you’re the one paying or receiving money. In this blog, we’ll break down the factors that influence child support payments in Florida, giving you the knowledge you need to face your new financial reality with confidence. Factors that determine support amount Florida law establishes comprehensive guidelines for determining child support amounts, ensuring fairness and consistency in calculations across the state. While each state has its own set of guidelines, the state’s system aims to address and meet the unique needs of the residents. These guidelines serve as a standardized method for calculating the financial help required for a child and the amount each parent must contribute. The rules also consider several critical factors in their calculations. The state’s guidelines take into account both parents’ incomes, recognizing that they should share financial responsibility in proportion to their earnings. Moreover, the guidelines factor in the child’s healthcare and basic care costs, acknowledging these as significant expenses in raising a kid. Courts and agencies responsible for establishing support orders should adhere to these guidelines when determining the appropriate amount of funds. This requirement ensures that orders are based on objective criteria rather than subjective judgments. However, the system isn’t set in stone. In certain circumstances, judges can deviate from the guidelines if there is a valid reason to do so. For example, the judge might increase the required funding if your son has high medical bills. This flexibility helps make sure the support fits each family’s unique needs. Prioritizing your little ones after divorce The amount you’ll pay or receive depends on various factors, from income levels to time-sharing arrangements. While this guide provides a general overview, consider talking to a qualified attorney who can offer personalized advice based on your circumstances. With their guidance, you may help your young ones thrive despite the changes in your family structure.The post What are the factors that impact the amount of child support? first appeared on Rebecca H. Fischer, P.A..

Legal considerations for modifying a parenting plan post-divorce

bkabritsor — Mon, 15 Jul 2024 18:29:52 +0000

As children grow and change, so do their needs and goals. Divorced parents must consider these changes, which may require modifying their parenting plan. These modifications must follow certain legal guidelines in Florida. Understanding these rules helps parents navigate the process more smoothly. Significant change in circumstances To adjust a parenting plan, you must show a significant change in circumstances. This change must be substantial, material, and unforeseen at the time of the original agreement. Examples include a parent’s relocation, changes in a child’s needs, or shifts in a parent’s ability to care for the child. Best interests of the child Florida courts prioritize the child’s best interests when considering parenting plan modifications. The new arrangement must benefit the child’s well-being, safety, and stability. Factors considered include the child’s age, health, emotional ties to each parent, and the child’s adjustment to home, school, and community. Parental agreement If both parents agree on the modification, the process becomes easier. An agreed-upon modification can be submitted to the court for approval. A non-confrontational process shows the court that the change is in the child’s best interests and that both parents support it. Court involvement When parents disagree on the modification, the court becomes involved. Parents must file a petition for modification, and a judge will review the case. Parents must present evidence to support the need for change. The court will then decide based on the best interests of the child. Following legal procedures Parents must follow specific legal procedures when seeking a modification. Proper documentation filing and adhering to court rules and deadlines are essential. Failing to follow these procedures can delay the process or result in the modification being denied. Modifying a parenting plan in Florida can be easier when parents work together. When they understand all the considerations, they can make informed decisions.The post Legal considerations for modifying a parenting plan post-divorce first appeared on Rebecca H. Fischer, P.A..

Divorcing when your child is on the autism spectrum

aprilfaxonvertumarketing — Wed, 21 Feb 2024 19:06:20 +0000

Going through a divorce is difficult for all Florida parents, but for those with special needs children, the challenges can be much greater. Parents who have an autistic child may worry about the transitional period after the divorce, when the child will have to adapt to new living arrangements and other major life changes. If you have a child on the autism spectrum and are ready to file for divorce, it’s important to help your child understand the process in age-appropriate ways to minimize stress and confusion. Deciding custody arrangements When deciding on the custody arrangement, it’s important to remember to focus on what’s best for your child. If your child struggles with change, you may wish to work with the other party to create an arrangement that has as little change as possible. For some couples, this can mean using the bird-nesting approach where the child remains in the home and parents switch back and forth when it’s their time to be with the child. Bird-nesting may not work for everyone, but there are other ways to make the living situation feel stable for your child. Some kids may do better alternating weeks while others may benefit from a set schedule where they spend certain days with each parent every week. Be flexible, and understand that you may have to adjust the custody arrangement as time goes on and your child’s needs change. Helping your child understand the changes You know your child better than anyone, so you can decide how best to explain the divorce to them. Some parents choose to have a custody schedule written on a calendar in a prominent place in the home, so a child always knows what’s happening the next day. Be sure to remind your child of who will be taking them to activities and which parent will be picking them up from school or activities so there are no surprises. Kids are not able to understand the complexities of divorce, but they can often benefit from speaking to a counselor or therapist if you find they are struggling to adapt. Routines, schedules and reminders can help your child prepare for what’s ahead each day. When possible, it’s helpful if both parties have similar routines at each home so your child has familiarity even when living in two homes. Legal advice Divorcing when you have minor children is never easy. But when you have a child on the autism spectrum, you may worry about how they’ll adapt to life after divorce. To make the transition go as smoothly as possible, you can seek advice from someone experienced in Florida family law matters who can help you make the right choices for yourself and your child.The post Divorcing when your child is on the autism spectrum first appeared on Rebecca H. Fischer, P.A..

What should child support money be used for?

aprilfaxonvertumarketing — Sun, 22 Oct 2023 21:10:01 +0000

The cost of living in the United States continues to rise with no reprieve in sight. For Florida families these days, it typically takes two incomes just to get by. When parents separate, it often creates financial hardships. Fortunately, the child support system in Florida was established to help meet the economic needs of children whose parents divorce or separate. However, child support money should only be used for certain things. Child support basics Essentially, child support refers to a monetary payment made by the noncustodial parent to the custodial parent. Both parents are required to share the financial responsibility of providing their children with basic needs such as food, shelter and clothing. Child support money that the custodial parent is intended to be used to pay for these basic necessities. Child support with joint physical custody When parents share custody, child support obligations can be modified in some cases. It will depend on the amount of time kids are with each parent, but child support payments may be amended to reflect the financial responsibility parents share in joint physical custody. Also, expenses like health care, extracurricular activities and daycare can be factored into child support. Legal assistance Parents may not always see eye-to-eye on child support arrangements, though they should act in good faith and try to resolve disputes. However, every situation is unique. A parent in Florida who has questions or needs legal advice regarding child support or family law matters can get help by speaking with an experienced and knowledgeable attorney who can provide situation-specific guidance. The post What should child support money be used for? first appeared on Rebecca H. Fischer, P.A..

Why dogs are better than dates??

emma.johnson@thomsonreuters.com — Mon, 23 Feb 2015 11:15:11 +0000

While depending upon your circumstances, that may just be the case, animals are more loving and better company than many adults or spouses. Research has shown that people live longer with pets, they give you unconditional love and they usually don’t scream, yell, curse or purposely, cause you anguish. Please check out the article, you will at least smile!! 🙂…

The post Why dogs are better than dates?? first appeared on Rebecca H. Fischer, P.A..

The Many Kinds of Grief

emma.johnson@thomsonreuters.com — Sun, 25 Mar 2012 10:15:10 +0000

Grief is something we undergo when someone dies, a loved one moves away, or one goes through a traumatic experience. It is an emotion generated by a loss and characterized by sorrow and/or distress. Grief is a very personal and unique experience, whose etiology is apparent in both life and death experiences. No two people will grieve in the same way, and most people grieve in their own way and time. Some of us grieve after the death of a loved one: Some will grieve for a small number of days and then just stop; Some will grieve for what seems like years and never stop; Some will grieve for a short period, but will do so time and again based upon situations that arise with life, such as: 1. Weddings 2. Graduations 3. Family events 4. Traumatic events 5. Emotional events 6. Death Some women grieve at the changes that life takes them through, i.e., menopause, grieving that they are getting older and entering another phase of their lives. A divorce may be considered a grieving situation. Each spouse grieves the loss of the marriage, or the loss of their mutual friends, or the loss of their house or the loss of their belongings which now have to be split into his and hers. Moreover, if there are children involved, there is the loss of the everyday seeing of the kids by one of the spouses, as well as the pictures and all the things that go along with living with the family. Consider the couple grieving the death of a child. One parent moves toward others, finding solace in connections and healing in the open expression of emotional distress. The other parent, instead moves toward introspection, is reserved about sharing feelings, and finds the resumption of everyday life most helpful. Despite the commonalities of their loss, each grieves differently because each experiences the loss in a unique way. While we all have general ideas about how grieving should look, many times it may not look that way, and if it doesn’t, it does not mean the person is not grieving. They are just not doing it in the way that we are used to or understand. How many times do we see a person laughing and having fun ten days after a loved one died, and we think, “what kind of person is that? Imagine, their loved one died, and they are already having fun!” Or, we see a female starting to go on dates right after her spouse has died, and we think, “what has gotten into that girl”? Her husband has just died and she is already going out with guys!” Or conversely, after a divorce, we try to arrange a date for the man, and he says “no,” that he is not ready, since he is still grieving for his marriage. I recently met with a former soldier who fought in Iraq, and he was still grieving the “loss” of his former wife who was sleeping around with everyone. He hasn’t gone out in two years and was still in love with his former spouse. While we all look at grieving from many perspectives, at some point we all have to move on. If you have difficulty “moving on” please speak with a friend or professional counselor. Howard Chusid, Ed.D., LMHC, NCC has a doctorate in Counseling Psychology, is an experienced Mental Health Counselor and a Florida Supreme Court Certified Family and Circuit Civil Mediator and a Qualified Arbitrator. He is trained in EMDR and deals with Post Traumatic Stress Disease (PTSD) and Grief Therapy. He is also a Board Certified Professional Counselor, Florida Licensed Mental Health Counselor, National Certified Counselor, Master Professional Career Counselor and a member of the National Career Development Association, American Counseling Association, American Psychotherapy Association and the American Psychological Association. Article Source: http://EzineArticles.com/5953635The post The Many Kinds of Grief first appeared on Rebecca H. Fischer, P.A..