Rebecca H. Fischer, P.A.Rebecca H. Fischer, P.A.2025-03-24T09:32:14Zhttps://www.rebeccafischerpa.com/feed/atom/WordPress/wp-content/uploads/sites/1503508/2023/04/cropped-siteIcon-1-32x32.pngOn Behalf of Rebecca H. Fischer, P.A.<![CDATA[When do you need a temporary custody order in Florida? ]]>https://www.rebeccafischerpa.com/?p=468882025-03-24T09:32:14Z2025-03-24T09:32:14ZParents in Hollywood, Florida, often face sudden changes in their family setup. A job transfer, safety concerns or a pending divorce can shake up daily routines. This is where temporary custody orders stabilize children's lives until the courts make final decisions.
What is a temporary custody order?
A temporary custody order is a short-term court rule that sets clear rules about where a child will live and how parents will share time. These orders spell out who chooses school, health care and daily life until the final custody plan is ready. In Broward County courts, these orders stay active until a judge changes them or puts a permanent plan in place.
Times when you might need a temporary order
Many life events can trigger the need for a temporary custody order. Here are the most common reasons parents ask the court for help:
During a divorce, when parents can't agree on where kids should stay
Each of these situations needs quick action to protect your child's well-being. The court looks at several key factors to make their choice. Here's what matters most to Florida judges:
Where the child lives now
How well each parent can care for the child
How close parents live to the child's school
What the child needs to stay healthy and happy
How strong the child's bonds are with each parent
These factors help judges make choices that put your child's needs first. Breaking these orders can land you in legal trouble, even if they're just temporary. Each case brings its own set of facts and challenges. Since these orders affect your child's daily life, talking to a family law attorney in Hollywood can help you know your rights and make wise choices for your family's future. ]]>On Behalf of Rebecca H. Fischer, P.A.<![CDATA[Can courts treat neurodivergent parents unfairly?]]>https://www.rebeccafischerpa.com/?p=468872025-03-18T17:46:21Z2025-03-18T17:46:21ZFamily 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.]]>On Behalf of Rebecca H. Fischer, P.A.<![CDATA[What does equitable distribution mean in a Florida divorce?]]>https://www.rebeccafischerpa.com/?p=468862025-03-07T06:33:59Z2025-03-07T06:33:59ZDividing the marital property is often the most contentious aspect of a divorce. Conflicts can arise from a wide range of factors, from emotional attachment to certain assets to disagreements over financial contributions. To address these challenges, many states, including Florida, follow the principle of equitable distribution when splitting the marital estate in divorce.Unlike community property laws, equitable distribution does not follow a 50/50 split when dividing assets. Instead, the court considers various elements to determine a fair division of property, ensuring that both parties can start their new chapters on solid financial ground.
What makes an equitable distribution?
When determining how to divide a couple's assets equitably, judges look to several key factors. These help them make decisions that honor each spouse's contributions and needs:
Length of the marriage: Longer marriages often result in more intertwined finances, which can lead to a more equal split.
Each spouse's economic circumstances: The court looks at how each of you will fare financially after the divorce. The goal is to prevent either of you from facing severe financial hardship.
Contributions to the marriage: This includes both money earned and non-financial efforts. The court values tasks like managing the home and raising children just as much as bringing in a paycheck.
Debts and liabilities: Judges also consider who took on debts and why.
Equitable distribution can look different depending on your situation. For instance, if you have been married for many years, with you earning most of the income as your spouse cares for the home, the court might give them a more significant share of the assets. This recognizes their important non-financial contributions to your relationship. In contrast, if your marriage was brief and you have fewer shared assets, the court may focus more on making sure both of you can meet your immediate financial needs after the divorce.
A fair start to your new future
Ultimately, equitable distribution aims to create a reasonable and sustainable financial situation for you and your spouse. Understanding this can help you approach property division talks with a clearer mindset. Whether you are discussing matters directly with your spouse or working with legal experts, remember that the goal is to find a solution that works for both of you.]]>On Behalf of Rebecca H. Fischer, P.A.<![CDATA[Why collaborative divorce is ideal for parents of children with special needs]]>https://www.rebeccafischerpa.com/?p=468852025-02-18T16:21:31Z2025-02-18T16:21:31ZRaising a child with special needs requires tremendous dedication and careful planning. When parents decide to divorce, maintaining stability becomes crucial for their child's wellbeing. A collaborative divorce approach gives parents a way to work together while protecting their child's set routines and support networks. Many families find this method helps them focus on their child's needs during this challenging transition.
How collaborative divorce protects your special needs child
Your child depends on consistent care and reliable schedules. Here are several ways a collaborative divorce supports these essential needs:
Medical coordination: A structured team approach can help you keep your child's healthcare appointments and therapy schedules without disruption.
Education support: Your child keeps their connections with teachers and support staff who understand their unique learning needs.
Financial protection: Expert guidance can ensure your child's benefits and special needs trusts remain secure through the transition.
Schedule flexibility: Your parenting plan could adjust to fit therapy sessions, medical visits and school requirements.
Working together through collaboration can create routine and stability during an otherwise uncertain time. These elements can benefit your child’s development.
Why choosing collaborative divorce makes long-term sense
The collaborative process can help form strong foundations for future co-parenting. Your team supports you by helping:
Create solutions that match your family's specific needs
Keep medical discussions productive and focused
Develop plans that grow with your child
Build positive relationships with care providers
Support your child's emotional wellbeing
Each step focuses on protecting your child's interests while fostering cooperation.A collaborative divorce is one way to put the wellbeing of your child first. It is a means for both parents to develop effective ways to work together. This approach can give you tools and strategies to handle future challenges as you continue supporting your child's development and care.]]>On Behalf of Rebecca H. Fischer, P.A.<![CDATA[Who decides on medical care for special needs kids after divorce?]]>https://www.rebeccafischerpa.com/?p=468822025-02-03T14:04:53Z2025-02-03T14:04:53ZThe law will always prioritize the child’s well-being
Courts usually take into account various factors when determining who will be responsible for making medical decisions for a child with special needs post-divorce:
The parents’ ability to understand and meet the child's medical needs
The parents’ level of involvement in the child's medical care
The parents’ ability to communicate and cooperate on medical decisions
The parents’ to the child's medical providers
Courts may appoint one parent as the primary decision-maker for medical issues if they believe this serves the child's best interests. In some cases, they might designate a neutral third party to mediate disagreements about medical care.
It is important to note that even with shared responsibility, day-to-day medical decisions often fall to the parent with primary physical custody. This can include administering medications, attending routine appointments and managing minor health issues.
Both parents typically need to agree on major medical decisions. If they cannot reach an agreement, they may need to return to court for resolution. This process can be time-consuming and stressful, potentially delaying important medical care.
Seeking legal guidance is essential
Florida law allows parents to create a plan outlining how they will manage their children's medical care. This plan, called a parenting plan, can include guidelines for routine appointments, emergencies and major treatment decisions.
Crafting a comprehensive plan requires careful planning and cooperation. During this crucial time for your family, collaborating with a seasoned family law attorney can offer valuable guidance.]]>On Behalf of Rebecca H. Fischer, P.A.<![CDATA[How do divorced parents handle special needs medical care?]]>https://www.rebeccafischerpa.com/?p=468812025-01-24T20:59:26Z2025-01-24T20:59:26ZWhen divorced parents disagree about medical care for a child with neurological disabilities, it can be tough. Different opinions on what’s best can cause conflict. Understanding your rights and focusing on what’s best for your child can guide you through these disagreements.
Sharing responsibility for decisions about medical care
In Florida, parents are usually expected to share responsibility for major decisions, including medical care. This means working together to decide what’s best for the child. But if parents can’t agree and it’s causing harm or stress, a court might let one parent make medical decisions alone. This happens if the court thinks one parent’s choices better match the child’s needs.
How mediation can help
Mediation is a way for parents to resolve disagreements without going to court. In mediation, a trained person helps parents discuss their concerns and devise a plan. It’s often faster and less stressful than court. Mediation also allows parents to stay in control of the decision instead of leaving it to a judge.
What courts look at in these cases
If parents can’t work it out, a court may decide. Florida courts focus on what’s best for the child. Judges consider things like the child’s medical needs, what doctors or therapists recommend, how well the parents work together, and how involved each parent is in the child’s care. Doctors or other experts might also give their opinions to help the court decide.
Using parenting plans to avoid conflict
A parenting plan can help parents avoid arguments by clearly stating how they will handle medical decisions. In Florida, parenting plans are required in custody cases. These plans should include rules for making medical decisions and what to do if parents disagree. A good plan can reduce future conflicts and make things clearer for everyone.
Putting your child’s health first
Disagreements about medical care for a child with neurological disabilities can be stressful, but patience and teamwork can help. The goal should always be to support your child’s health and well-being. Knowing your rights and how the law works can make the process easier to manage.]]>On Behalf of Rebecca H. Fischer, P.A.<![CDATA[Is it possible to switch from litigation to collaborative mid-divorce in Florida?]]>https://www.rebeccafischerpa.com/?p=468802025-01-17T13:07:15Z2025-01-17T13:07:15ZThe strain of courtroom divorce leads many couples to seek gentler options midway through their process. Switching to collaborative divorce offers a path to reduce stress and preserve relationships during this challenging time.
Some spouses discover this option after spending months in litigation, feeling drained by the adversarial process. A change in approach might help you create better solutions for your future while protecting your privacy and financial resources.
What you need to know about making the switch
Moving from court battles to peaceful negotiations takes planning and patience. Before making this important change, consider these key elements that will shape your path forward:
Court paperwork: Your attorney must file specific documents to pause or end your current court case properly
Different lawyers: You might need new attorneys who specialize in collaborative divorce methods
Changed timeline: Your divorce schedule will adjust to fit this different approach and its requirements
These building blocks create your path toward a more peaceful divorce process and a stronger foundation for future communication.
How to prepare for the transition
Small steps help make big changes more manageable. Take time to review and act on these practical first steps:
Talk to your spouse about trying this collaborative approach
Find qualified attorneys who practice collaborative divorce
Collect your important financial papers and legal documents
Compare the costs of both litigation and collaborative methods
Write down what matters most to you and your family's future
A thoughtful approach to divorce can help protect what matters most to your family dynamic. By choosing collaboration over conflict, you openthe door to better communication and more positive outcomes for everyone involved.]]>On Behalf of Rebecca H. Fischer, P.A.<![CDATA[How first responder parents can make child custody plans work]]>https://www.rebeccafischerpa.com/?p=468792025-01-10T14:42:05Z2025-01-10T14:42:05Zcustody plan, adding stress to your important work. There is a better way – you can create a workable plan without court intervention.
Why regular custody plans often do not work
Most parents split their time with their kids using a basic weekly or bi-weekly schedule. But your job is not basic. You often work long shifts. You face overtime. Your schedule can change without warning. Your profession demands an adaptable approach that fits your unique work life while keeping your kids' routines stable.
Building flexibility into your agreement
Successful custody plans for first responder families often include:
Floating custody days that adjust to shifting work schedules
Clear protocols for schedule changes and shift swaps
Designated backup caregivers for emergency situations
Priority makeup time for missed parenting time
Regular schedule review and adjustment periods
These components create a foundation for sustainable co-parenting that respects both career demands and family needs.
Communication strategies that support success
Effective co-parenting relies on consistent communication. Modern tools like shared digital calendars and co-parenting apps help parents:
Share updated work schedules in real-time
Document schedule changes
Coordinate childcare coverage
Track important events and activities
Maintain clear records of arrangements
Using these digital tools helps prevent misunderstandings and keeps both parents informed.
Getting legal support
While creating an out-of-court agreement offers flexibility and cost savings, legal guidance can be invaluable. An experienced family law attorney can help structure an agreement that addresses your specific scheduling needs, protects everyone's rights and prioritizes your children’s well-being. They can also assist in formalizing the agreement to prevent future disputes.
Your dedication to the community as a first responder deserves equal commitment to finding custody solutions that work. Through cooperation and flexibility, you can create stable, adaptable arrangements that serve your children's best interests while honoring your vital work commitments.]]>On Behalf of Rebecca H. Fischer, P.A.<![CDATA[How you can support your special needs child through divorce]]>https://www.rebeccafischerpa.com/?p=468782025-01-17T12:56:18Z2024-12-20T13:25:54ZDivorce can shake up any child's world, but for kids with special needs, it might feel like an earthquake. As a parent, you have the power to steady the ground beneath your child's feet during this big change. Your love and support can make all the difference in how your special needs child handles the divorce process. This guide offers some friendly advice on talking to your child about divorce and getting them ready for what's ahead.
Talking to your special needs child about divorce
Before you start the conversation, think about what your child can understand and handle. Here are some ideas to help you get your message across:
Timing: Pick a time when your child is relaxed and ready to listen
Setting: Talk in a place where your child feels safe and comfortable
Language: Keep it simple and use words your child knows
Visuals: Try using pictures or stories to explain what divorce means
Take your time with this talk. Your child might need to hear things more than once or ask questions later on.
Getting your special needs child ready for changes
After you've explained the divorce, help your child prepare for what's coming next. Try these steps:
Keep routines going: Stick to your child's usual schedule as much as you can
Show new living arrangements: Use pictures to show where your child will live and when they'll see each parent
Talk about feelings: Let your child know it's okay to feel sad, angry, or confused
Ask for help: Think about talking to experts who work with special needs kids
These steps can help your child feel safer and more prepared for the changes ahead.Divorce is tough, but with some extra care and the right approach, you can guide your special needs child through this bumpy road. Remember, every child is different, so feel free to adjust these ideas to fit your child's unique needs and abilities.]]>On Behalf of Rebecca H. Fischer, P.A.<![CDATA[How can collaborative divorce protect your privacy?]]>https://www.rebeccafischerpa.com/?p=468762024-12-06T14:19:04Z2024-12-06T14:18:29ZCollaborative divorce: How does it work?
Collaborative divorce is a legal process. You and your spouse get your attorneys and work together to resolve your disputes outside of court. This approach focuses on cooperation and respect, taking drama and stress outside the process. It allows you to reach an agreement without going to court. When you get into a collaborative divorce, it can:
Keep proceedings private and out of public court records
Encourage open communication and honesty
Reduce emotional stress and conflict
Show a more cost-effective solution in contrast to traditional court cases
In Florida, the Collaborative Law Process Act governs collaborative divorce, which is quite the opposite of traditional divorce litigation, which involves much publicity and drama. The law offers a structured roadmap to help you settle your issues peacefully.
How does public divorce impact your life?
Public divorces show personal issues and create lasting emotional and financial problems. Your personal life becomes public through court hearings, which could affect your personal and work relationships. Here are some of the most common effects of public divorce:
People lose privacy because anyone can view court documents.
Lengthy legal battles cause more stress and anxiety.
Reputations and relationships might suffer harm.
Choosing a collaborative divorce helps couples avoid these issues. This method keeps sensitive information private, protecting both parties from unnecessary attention.
Can collaborative divorce offer a more discreet alternative?
Collaborative divorce is a private process outside the courtroom. This keeps your divorce details private and avoids public drama. You and your spouse work with your lawyers to reach a fair agreement. This helps you control the process and reduce conflict. By choosing collaborative divorce, you avoid public divorce issues and move on with dignity. If you are considering divorce, explore this option to protect your privacy, reputation, and well-being.]]>