Fort Lauderdale Divorce Lawyer Blog

Yesterday, a judge in Miami-Dade's Family Court lifted an emergency protection order that forbade 22-year-old Samuel Montes from seeing his 3-year-old daughter. Montes is currently engaged in a custody battle with the child's mother, Venezuelan national Vanessa Churon, who accused him of kidnapping their daughter in March 2011. Churon filed a missing persons report on the child before returning to Venezuela to give birth to another baby. It is currently unclear whether Churon ever intends to return to the United States.

In February, Montes was arrested in Pensacola and returned to Miami-Dade on interfering with child custody charges. He was released from jail on Wednesday. His mother, Zoraida Miller, was also arrested for interfering with child custody after she brought the child to court last month in order to demonstrate she was not missing and was being well cared for. Last Monday, a Miami-Dade judge dismissed both interfering with custody charges.

According to Miller, she and her husband had custody of the child at the time Churon reported her missing. Churon allegedly accused Montes of child abuse, child neglect, and domestic violence as well as kidnapping. A home study of Miller's residence revealed no environmental hazards, no evidence of abuse, and stated the child was happy. Following the home study, Miami-Dade Circuit Judge Cindy Lederman granted temporary custody of the child to the Millers. Permanent custody of the child will not be resolved until Churon returns from Venezuela.

To many parents, the question of who will retain custody of your children following a separation or divorce is an emotional one. Since October 2008, child custody arrangements in Florida are referred to as time-sharing schedules. A time-sharing agreement generally outlines the amount of time a child will spend with each parent, including overnights, weekends, school breaks, and holidays. If parents cannot come to an agreement regarding a time-sharing plan, one will be ordered by a family court. A Florida family court will normally examine the moral fitness of the parents, any evidence of abuse, and a variety of other statutory factors when creating a time-sharing schedule. Because a Florida parent who wishes to modify a time-sharing plan must show substantially changed circumstances, modifying a time-sharing plan can be difficult. If you are a Florida parent who would like to establish or modify your child's time-sharing plan, it is a good idea to contact a skilled family law lawyer to assist you.

Continue reading "Miami Father Accused of Kidnapping, Hiding Daughter Released from Jail" »

A Titusville father and his girlfriend are being held without bail in Brevard County after authorities removed a 12-year-old boy who was allegedly starved and locked in a small closet from their home. The son of 38-year-old Michael Marshall was reportedly taken to a local hospital where he was treated for dehydration and malnourishment after police went to the home to investigate a child abuse report. Marshall and his girlfriend, 48-year-old Sharon Glass, were both arrested by police and charged with three counts each of aggravated child abuse and child neglect. During an emergency custody hearing, the boy, his 10-year old sister, and Glass' 15-year-old son were placed in the care of the Florida Department of Children and Families by Brevard County Judge Tonya Rainwater.

The couple is accused of starving the boy and locking him up as punishment for stealing food. According to police, the 12-year-old weighed only 40 pounds when he was removed from the home. The child was allegedly locked in a closet, locked in a bathroom, or strapped to a bed repeatedly over the course of the preceding year. The other two children taken from the home were also examined by physicians.

Marshall was apparently investigated in 2010 for child neglect. After the allegations were investigated, the boy was taken out of the Brevard Public School system. Until this month, there was no further contact between the household and child welfare officials. Although the children are under the supervision of the Florida Department of Children and Families, they are currently being cared for by a grandparent. State officials are also attempting to locate the 12-year-old's mother. They have located and are communicating with the father of Glass' son. Marshall has another child living with an ex-wife in Ohio whom he has not seen in approximately 14 years.

Few subjects are more emotional to parents than who will care for your children after a divorce or other separation. In the State of Florida, a parent who seeks to modify a child custody order has a responsibility to demonstrate substantially changed circumstances and the child's best interests must justify any change. A family court will examine a parent's fitness to raise the child, the parent primarily responsible for the child's upbringing, the child's age, and the child's preference when considering a request to change a custody arrangement. Other factors such as the moral fitness of the parents, any evidence of sexual violence, child neglect, child abuse, or child abandonment, and various other statutory factors will also be examined.

Continue reading "Brevard County Couple Charged with Aggravated Child Abuse, Neglect Held Without Bond" »

Today, Broward marital and family law Circuit Judge Susan Greenhawt appointed a guardian ad litem for two girls and ordered an expedited study to determine if a relative is capable of having temporary child custody of the minor children. While the court waits to learn whether or not the young girls, ages 6 months and 5 years old, have a relative who they can reside with they have been placed in foster care. The court also ordered supervised time-sharing between the mother and the minor children when she is released from jail.

On Tuesday, an anonymous tip led Broward Sherrif's officers to a home where they discovered roaches in three rooms, trash and mold in the living room, foul odors in the kitchen and piles of garbage on the floor. The two minor children were sleeping in a roach infested bedroom without sheets on their bed. An animal control officer also discovered filthy and malnourished pitbulls in the back yard.

When child protective services investigators arrived at the home, they were unable to locate any responsible adults to watch the two children. The children were immediately placed in protective child custody.

The mother of the two children pictured above, 22 year old Lindsay Wallin, has been charged with cruelty towards a child, child neglect without great harm, animal abandonment and violation of probation. She is being held without bond at the Broward County Jail.