To most people, their pet is much more than a mere possession. Society appears to be slowly changing to reflect this attitude. In New York, Maine, California, and Illinois, pets are treated as more than personal property in domestic violence situations. Law schools are increasingly teaching animal and pet rights courses. Additionally, pets are now included in U.S. government evacuation and disaster plans.

Unfortunately, pets are still viewed as personal property under Florida law. To a court, a dog or cat is viewed as property that is similar to a television or a piece of jewelry. In 1995, Florida's First District Court of Appeal stated in Bennett v. Bennett that household pets are personal property and there is no basis in the law for granting visitation or custody for them. The court said that although many individuals consider pets to be members of their family, the court system was already overwhelmed with child visitation and custody awards and could not enforce similar awards for animals. The Bennett court also remanded the appellate case and directed the trial court to treat the family dog as personal property.

Unless a divorcing couple in Florida can reach a shared pet custody arrangement, a cat or dog will be treated like any other piece of property and awarded to one party or the other. Because of this, some divorcing spouses will give up large sums of money in a marital property settlement in order to keep a cat or dog. Sometimes, pets may also be used as a bargaining chip or tool for revenge in acrimonious divorce cases. Mediation, arbitration, or a negotiated divorce settlement agreement may make a divorce where pets are involved progress more smoothly. A qualified Miami divorce attorney can help.

Most family law matters can be resolved outside of court through a negotiated settlement. Postnuptial agreements such as marital settlement agreements may be entered into by married couples who are contemplating divorce or separation. A postnuptial agreement will normally address the disposition of pets, assets, and any agreed upon spousal support obligations. If you are considering dissolving your marriage, you are advised to contact a hardworking Aventura divorce lawyer early on in the process.

More Blogs:

WWE Star John Cena Files for Divorce in Florida, Fort Lauderdale Divorce Lawyer Blog, May 11, 2012

Social Media Websites Like Facebook Are Increasingly Playing a Role in Florida Divorces, Fort Lauderdale Divorce Lawyer Blog, May 4, 2012

Additional Resources:

Who Gets the Dog When Couples Split?, by Family Editors, living.msn.com

The heated custody battle began after Miranda's grandmother, Rita Manning, applied to formally adopt the child. The case drew national attention when Miranda was removed from her grandmother's home and placed with her deceased mother's husband, Donald Coleman. Miranda's mother was killed in a car accident one month after Coleman filed for divorce from the woman. Because Florida law considered Coleman Miranda's legal father, the Jacksonville judge was required to award custody to the man.

The new adoption law will reportedly have a significant impact on the adoption process in Florida. Portions of the law were designed to steer more children away from the current state adoption process administered by the Florida Department of Children and Families (DCF) and into allegedly more efficient private entity adoptions. The law also requires family court judges to notify an individual relinquishing their parental rights that he or she may speak to private adoption organizations in addition to DCF.

Under the new law, DCF will no longer have the authority to take custody of a newborn that is abandoned or tests positive for drugs or alcohol. The adoption law will also tighten adoption regulations and require a home study before a child in Florida may be transitioned into a new home.

Florida's new adoption law provides that only state-licensed private adoption entities may advertise children who are available for adoption. Previously, anyone could legally advertise an adoptable child. The aim of the advertising measure was purportedly to cut down on a number of private adoption organizations that were not reputable. House Bill 1355 was amended a total of nine times before it unanimously passed both the Florida House and Senate.

In Florida, family law is constantly changing and evolving. If you are faced with a family law matter such as a child custody dispute or a step parent adoption, it is a good idea to consult with a knowledgeable Florida family law lawyer early on in the process.

More Blogs:

Virtual Visitation Becomes Increasingly Common in Florida, Fort Lauderdale Divorce Lawyer Blog, April 19, 2012

Miami Father Accused of Kidnapping, Hiding Daughter Released from Jail, Fort Lauderdale Divorce Lawyer Blog, April 6, 2012

Additional Resources:

Sex offender custody case results in changes to Florida adoption law, by Matt Dixon, Florida Times-Union

Miranda Adoption Bill Signed Into Law, First Coast News

Miranda Wilkerson: Grandma Loses Custody of Florida 3-Year-old To Sex Offender Father, Huffington Post

New technology such as Skype, email, text messages, and social media like Facebook provide some parents who live far away from their children with an opportunity to stay more connected. Six states, including Florida, have enacted laws regarding virtual or electronic parenting. Under the laws, a family court may award a parent who no longer resides in the same city as his or her children with access through electronic communications as part of a comprehensive parenting plan. The court will determine the duration, frequency, and type of electronic communications a parent is entitled to. Additionally, a court may halt all electronic communications if the interactions prove to be abusive or otherwise harmful to a child's emotional, physical, or mental well-being.

Virtual visitation advocates believe electronic communications helps maintain the relationship between divorced parents and their minor children. Although electronic communications cannot replace physical visitation, such communication reportedly acts as a supplement that allows the long distance parent to stay involved in the day-to-day aspects of their children's lives. Critics believe some parents use the opportunity for court awarded virtual visitation as an excuse to move away. Others believe electronic communications are too often used to spy on a custodial parent.

Regardless of the reason for a parent's relocation, virtual visitation has the opportunity to provide long distance parents with an opportunity to keep in constant contact with their children. The additional contact may provide psychological benefits to a child of divorce or separation and reduce stress for everyone involved. Still, family courts must always keep the best interests of the child at the forefront of any virtual visitation order. If you are a parent who would like to have increased contact with your children between physical visits, speak with a knowledgeable Florida family law attorney about your child custody options.

Many Florida parents struggle with the question of who will have physical custody of their children following a separation or divorce. In the State of Florida, divorcing parents of minor children must enter into a time-sharing agreement. A time-sharing agreement outlines exactly how much time a child will spend with each parent throughout the year. If a child's parents cannot agree on a time-sharing schedule, a family court will order a schedule that takes into account the moral fitness of the parents, any evidence of abuse, and other statutory factors.

Divorcing in Florida? Expect Delays in 2012, Fort Lauderdale Divorce Lawyer Blog, April 13, 2012

Miami Father Accused of Kidnapping, Hiding Daughter Released from Jail, Fort Lauderdale Divorce Lawyer Blog, April 6, 2012

Additional Resources:

Virtual visitation: a sensible child custody option, by Myra Fleischer, The Washington Times

Court clerks receive, process, and store all Florida case documents. Their budgets were cut by 17 percent in 2009. After lawmakers cut court clerk budgets by another seven percent earlier this year, the clerks held an emergency meeting on March 14th to discuss the ramifications. Sharon Bock, Palm Beach County Clerk, said her office alone has seen a $10 million decrease in funding during the last three years. Bock believes she cannot operate the court in a constitutional manner if she reduces her staff any further. Instead, she plans on tabling technology expenditures and cutting staff overtime. As a result, Bock has warned that civil courts in Palm Beach County will be disturbed and residents can expect to have their patience tested.

Bock predicts lines will be longer this year at the Palm Beach County Clerk's office. She also believes a general backlog in civil cases such as divorces will necessarily follow the most recent round of budget cuts. The constitution mandates due process and the right to a speedy trial in criminal cases. Unfortunately for divorcing couples and others, such requirements do not extend to civil cases. Constitutional requirements, budget cuts, and an increase in foreclosure and red-light camera ticket cases means more civil cases will likely be delayed.

If you are considering divorce, it is important to remember that Florida is a no-fault divorce state. This means no one needs to be blamed for the end of a Florida marriage. If the parents of minor children choose to dissolve their marriage, the former couple's final judgment of divorce will include a custody arrangement and a parenting plan, also called a time-sharing plan. A Florida time-sharing plan will outline which parent a child will spend overnights, holidays, and other days with each week or month. If you are faced with divorce or another stressful family law matter, it is a good idea to contact an experienced Florida family law attorney to help you navigate the legal process. Having legal counsel on your side during a contested marital or family law matter can have a significant effect on your future.

More Blogs:

Miami Father Accused of Kidnapping, Hiding Daughter Released from Jail, Fort Lauderdale Divorce Lawyer Blog, April 6, 2012

Broward Circuit Judge Susan F. Greenhawt Resigns, Fort Lauderdale Divorce Lawyer Blog, April 4, 2012

Additional Resources:

Florida court clerks predict delays in civil, traffic filings due to budget cuts, by Dara Kam, The Palm Beach Post

Critics refer to House Bill 1209 as the "anti-Sharia" bill in reference to religious based Islamic law. Although the bill was passed by a wide margin, Representatives Jim Waldman of Coconut Creek and Elaine Schwartz of Hollywood strongly opposed the bill. Representative Schwartz stated thousands of her constituents wrote to her expressing their concern over the measure. Because the bill would ensure Florida law trumps religious or foreign law in family law cases such as divorce and child custody disputes, she also expressed worry regarding how the law would affect divorces mediated by Jewish tribunals.

The bill, titled "Application of Foreign Law in Certain Cases," was sponsored by Representative Larry Metz of Eustis who stated the proposed law was designed to prevent Florida courts from upholding Islamic law as has recently occurred in other parts of the country. He also stated he believes the law is fair because it applies to every foreign and religious law equally. Representative Metz cited increasing economic internationalization as an additional factor behind the law. He sponsored a similar ball last year.

Carin Marie Porras, chair-elect of the Florida Bar Association's Family Law Section, believes the proposed law impairs the rights of Florida citizens. She stated Florida courts do not currently consider foreign laws that contradict public policy. The law's effect on divorce and family law has the potential to be widespread. Before the bill becomes law, it must be approved by the Florida Senate. An identical Senate Bill 1360 is now under consideration by state lawmakers.

Each year many Americans find themselves in the midst of divorce proceedings. The range of emotions associated with the end of a marriage can feel overwhelming. The financial damage that can accompany a divorce can also be devastating. If you find yourself faced divorce, you owe it to yourself to consult with a qualified divorce attorney to help you protect your financial and other interests. An experienced divorce attorney will discuss your options with you and help you file your case.

Miami-Dade Circuit Judge Maxine Cohen Lando Passes Away, Fort Lauderdale Divorce Lawyer Blog, February 29, 2012

Miami-Dade Circuit Family Division Judge Julio Jimenez Dies at Age 58, Fort Lauderdale Divorce Lawyer Blog, January 20, 2012

Additional Resources:

Florida House passes 'anti-Sharia' bill despite protests, by Brittan Alana Davis, The Miami Herald

The members of the bar and bench are mourning the death of Maxine Cohen Lando, a veteran Miami-Dade Circuit Judge who died today at Mount Sinai Medical Center from cholangiocarcinoma, a bile duct cancer. She was 61.

Since spring of 2011, Judge Lando had undergone surgery and chemotherapy. Her condition began to deteriorate when she fell at the courthouse in October 2011. She had been in the hospital since February 2012.

Judge Lando began her legal career 40 years ago at the Miami-Dade Public Defender's office. She was an Assistant Public Defender from 1974 to 1985, where she served in the Felony Division, and was a Senior Trial Assistant for both the Juvenile Division and the Misdemeanor and Traffic Division.

As a Circuit Judge, she had served in the civil, criminal and family divisions. After transferring from presiding over child support, paternity, alimony and family law cases at the Lawson E. Thomas Courthouse Center, Judge Lando transferred to the civil division where she was the associate administrative judge. She recently made headlines when she found a Florida lawyer had filed sham foreclosure documents, wasted the court's time and entered an order with a strong warning and list of sanctions.

By 1981, Judge Lando had applied to the Judicial Nominating Commission eight times. She almost became a judge in 1988 after plastering newspaper ads with 40 endorsements and mail outs to voters with 100 endorsements and raised $107,239 for her campaign.

She eventually became a county court judge in 1991 and was subsequently elected to the Circuit Court in 1995. Judge Lando was instrumental in pioneering Domestic Violence Court in Miami, Florida and mentored new judges.

Chief Judge Joel Brown said Judge Lando, "zealously protected the rights of all who came before her, and was truly a champion of due process. She was not only an outstanding jurist but she went above and beyond," taking on special projects for the court. She assisted in the production of a video about jury service and teaching at judicial school. Judge Lando was also the court's liaison to the clerks in charge of the jury pool.

Born Maxine Etta Cohen in Atlantic City, New Jersey on May 12, 1950, she grew up in Coral Gables, Florida and graduated from Coral Gables High School. She earned a bachelor's degree in history from the University of Michigan and a law degree from the University of Miami.

Lando enjoyed reading about Elizabethean history, had formal opera training and sang in the choir at a conservative synagogue in Pinecrest, Florida. She also sang with the Florida Philharmonic Chorus. She could have had a performing career but "wanted to help better the community she grew up in", said her daughter, Rachel Lando. She strongly believed in justice and equality.

Judge Lando was married to Marvin Lando from 1981 to 2001. In 2006, she married a high school classmate Michael Gill who passed away in 2010.

Judge Lando was up for election later this year and was campaigning for a fourth term. She served on the board of KidSide, a non-profit entity that raises money for Family Court services and Transitions, a drug rehabilitation program.

Services for Judge Lando will be held on Friday, March 2, 2012 at 11:00 A.M. at Bet Shira Congregation, 7500 SW 120th Street, Miami, Florida 33156 followed by a burial.

Her daughters, Rachel Hillary Lando and Sari Brooke Lando, her mother Jean Cohen Bush, her sisters Goldie Wetcher and Suzanne Migdall, nieces, nephews and other family members, survive Judge Lando.

Judge Lando will be deeply missed by Miami divorce attorney's who will remember who for being an outstanding jurist, her fiery spirit, kind heart and dedication to the highest standards of ethics, professionalism and law. She will be fondly remembered for her contribution to marital and family law.

All flags at the Miami Courthouses are being flown at half-staff.

Bray was taken into custody after an argument with his wife escalated. The argument purportedly began because Bray failed to wish his spouse a happy birthday. According to the arrest affidavit, he pushed his wife onto a sofa, placed his hand on her neck, and threatened to punch her. Broward County Judge John "Jay" Hurley asked Bray's wife if she was injured or afraid of her husband. After his wife responded she was not, the judge issued his order: Bray was required to take his spouse on a date for her birthday.

According to Judge Hurley, he made the unique ruling because the incident was rather minor and Bray had no prior arrest record. The judge also made clear he would not treat a more serious domestic violence case similarly. In Bray's case, his spouse did not appear to be in any danger despite the couple's fight. Judge Hurley stated in this particular instance, his ruling was a better resolution than the alternatives of setting a bond or keeping Bray in custody. Judge Hurley also ordered the couple to begin attending marriage counseling within one week.

In Florida, domestic violence can include assault, battery, stalking, aggravated assault, battery or stalking, sexual assault or battery, kidnapping, false imprisonment, and other criminal offenses. State law allows a victim of domestic violence to seek a restraining order against her or his alleged abuser. In order to obtain a protection order against an abuser, a victim must petition a court and provide specific facts regarding why a restraining order is merited. After that, the court will hold a hearing to determine whether a protection order is warranted.

A restraining order may also be granted where a petitioner has a reasonable fear that domestic violence will occur. If the court believes the petitioner is in immediate danger, based on the allegations in the petition, it may issue a temporary restraining order until a hearing can be held. Temporary orders generally last for 15 days, but are subject to an extension at the discretion of the court.

If a permanent protection order is granted, it will not expire. A petitioner must ask the court to modify or end a permanent restraining order. The petitioner must also demonstrate changed circumstances that warrant the modification or termination of the order. A temporary or permanent protection order requires an alleged abuser to stay away from the petitioner, the petitioner's residence, place of employment, and other designated locations. It may also award a petitioner temporary custody of any minor children and require the abuser to give up their firearms and ammunition.

Florida's Third District Court of Appeal Refuses to Disqualify Miami-Dade Circuit Judge from Heated Custody Dispute, Fort Lauderdale Divorce Lawyer Blog, February 8, 2012

Baby-Boom Generation Increasingly Choosing Late Life Divorce, Fort Lauderdale Divorce Lawyer Blog, December 27, 2011

Additional Resources:

Flowers, dinner, bowling -- and counseling -- ordered by Broward judge in domestic case, by Danielle A. Alvarez, Sun Sentinel