February 2011 Archives

February 20, 2011

Child Custody Temporarily Changed Following Horrific Allegations Of Abuse

According to WPLG Local 10 News, Jorge Barahona, whose adopted daughter, Nubia, was found dead in the back of his pickup truck has been charged with attempted murder after her 10 year old twin brother, Victor Barahona, was found badly burned by a chemical in the same truck. The minor child is at the pediatric intensive care unit at Jackson Memorial Hospital. While Barahona, 53, faces child abuse and attempted murder charges in Palm Beach County his daughter, Jennifer Perez, appeared before Judge Sandy Karlan in Miami for an emergency child custody hearing.

Judge Sandy Karlan heard testimony that Jennifer Perez, daughter of Jorge Barahona, knew that the twins were being abused. Allesandra Perez, the 7 year old grandaughter of Jorge Barahona, told her father, Yovani Perez, that the 10 year old twins Victor and Nubia were required to stay in a bathroom at the Barahona home with their hands and feet tied together.

On February 18, 2011, Judge Sandy Karlan commenced proceedings to terminate Jennifer Perez's parental rights on a permanent basis. In the interim, she temporary changed custody to the father, Yovani Perez, and ordered that Jennifer Perez was to have no visitation, time-sharing or contact with her daughter, either directly or indirectly. Judge Karlan warned Ms. Perez that any violations of the court's directives would result in her being held in contempt of court.

February 11, 2011

Fort Lauderdale Lawyer's Client Denied Child Custody After Child Sustains Head Injury

A Fort Lauderdale mother was awarded unsupervised time-sharing and visitation rights to her 11-month-old son. However, a Broward county General Magistrate denied her requested to regain full custody of her child. The court ordered the child, Charlie Costa, to stay with a new foster family in light of a recent injury.

The minor child, Charlie Costa, is at Broward General Medical Center suffering from a skull fracture. He is reported to be alert, eating and does not have any hemorrhaging. In light of his recent injury, the mother, Apple Costa, unsuccessfully persuaded General Magistrate Giuseppina Miranda to remove her child from foster care and place him back in her home.

The minor child entered foster care 7 months ago due to burns on his hand and his mother's drug addiction. Since then, his mother has had clean drug tests, completed parenting counseling and had psychiatric evaluations.

The Florida Department of Children & Familes is investigating how the minor child sustained a head injury. It is being reported that the minor child's injuries are not inconsistent with a fall. Investigators and doctors do not believe that there has been evidence of deliberate abuse.

February 10, 2011

Divorce In Miami-Dade And Broward On The Rise

In what appears to be a sign of the beginning of the economic recovery, the divorce rate appears to be increasing in South Florida. During the recession, many couples in Miami and Fort Lauderdale did not file for divorce since they could not sell their home and their assets had decreased in value. As the divorce rate fell about 7% between 2008 and 2009, divorce attorneys in Broward saw business decline.

Marital and family lawyers now see banks lending money, stock market gains and individuals tired of waiting to file for divorce as reasons why the increase in filings is occurring. In addition, spouses retirement portfolios have increased and they are also able to borrow money in order to buy out the other spouse from the equitable distribution of marital assets.

Nonetheless, the economy still plays an important role during a divorce. Banks may pursue debt collection against both spouses even though one has agreed to make payment on a marital liability. For some couples, the recession improved their marriage. For others, the financial pressure was tough on the family and has now resulted in a divorce.