Fort Lauderdale Divorce Lawyer BlogIn a decision that may, hopefully, bring a degree of closure to one family, prosecutors in South Florida decided to drop criminal charges that were pending against a mother who had famously violated court orders related to the custody of her young son, the Palm Beach Post reported. The case made national news due to the issue at the center of the parents’ dispute (the child’s circumcision), but ultimately provides a reminder of the strong enforceability of parenting agreements, even if one parent has a profound change-of-heart later.
Articles Posted in Custody/Time-Sharing
Giving Florida Mom ‘Ultimate’ Decision-Making Authority Violated the Rule in Favor of Shared Parental Responsibility
In any divorce case involving minor children, there are many issues that must be considered. One of these is the matter of making decisions regarding the children’s welfare. Ideally, the parents will work cooperatively after they’ve divorced to do what is necessary to advance the best interests of the children. In the real world, things can often be more complicated. Nevertheless, the law demands that divorcing parents strive to work together and share parental decision-making responsibilities in most cases. In a recent case decided by the Second District Court of Appeal, a trial judge’s order giving the mother “ultimate” authority was thrown out because the case didn’t meet the standard for awarding something other than true shared responsibility.
Exceptions to the UCCJEA ‘Home State’ Rule and How They Can Affect Your Florida Custody or Timesharing Case
When you are dealing with a child custody or timesharing case that crosses state lines, the case can become complicated. You must deal with all of the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act. That law says that custody and timesharing cases generally must be heard by a court in the child’s “home state.” However, if you live in Florida, and your child’s home state is somewhere else, there are certain situations in which you may still be able to bring your case here. In a recent Fifth District Court of Appeal case, the appeals court upheld a Florida trial court’s decision to modify timesharing, based upon the presence of “emergency” circumstances.
Paperwork Problem Costs Florida Grandmother When Father Challenges Custody Ruling
In any civil court case, including family law cases, paperwork is an important part of achieving a successful outcome. The difference between a successful resolution and an unsuccessful one can be your ability to provide the correct documentation to the court to meet all of the procedural rules and to establish that you are entitled to the relief you’re requesting. In a recent case from Broward County, the Fourth District Court of Appeal upheld a trial court’s decision finding a due process violation, which the court declared was a result of a lack of written proof that a father received proper notice that his former mother-in-law was requesting a change in custody of the man’s child.
When Parental Alienation is Enough to Warrant a Timesharing Modification in Florida
A recent case originating in Tallahassee provides a useful lesson in how a parent must go about presenting a case for a timesharing modification based upon parental alienation. The First District Court of Appeal upheld a trial judge’s refusal to modify a timesharing agreement because the father’s case was insufficient to demonstrate the sort of extreme, substantial, and unanticipated action required by the law to re-open the issue of timesharing. The court explained that this type of request sets up a very high hurdle for the parent seeking modification, and although the father’s allegations were “troubling” and demonstrated a contentious relationship between the parents, they weren’t enough.
South Florida Father Uses Bankruptcy to Escape Paying for Court-Ordered Evaluation in Custody Case
There are many things related to family law that you cannot avoid paying by declaring bankruptcy. These include child support, alimony, or anything else paid to your spouse, ex-spouse, or child that is “in the nature of” support. In one recent case, though, a federal bankruptcy court ruled that a father could discharge as part of a Chapter 7 bankruptcy case his portion of the fee owed to a psychological professional for a court-ordered psychological evaluation of the father’s child as part of the parents’ custody litigation. Bankruptcy covered the debt because it was not owed to or recoverable by either the child or the man’s ex-wife.
What Happens in Florida When an Emergency Changes Circumstances Surrounding Your Custody Arrangement
As a parent, one of your primary goals in life is the nurturing and protection of your children. When discovering that domestic violence has taken place in the home of your ex-spouse — and in full view of your children — you will probably feel spurred to take action. The law does allow the courts to make emergency changes to custody, timesharing, and visitation arrangements when situations like this occur. However, as one case from the Second District Court of Appeal shows, it is important to understand exactly what the courts can and cannot do for you when this sort of thing happens.
Florida Court Tosses Timesharing Plan Due to Absence of ‘Best Interests of the Child’ Finding
Sometimes, winning or losing a family law case depends not on what the trial court order says but on what it doesn’t. A South Florida mother received a renewed opportunity to litigate the issue of timesharing after she succeeded in her recent appeal. The Fourth District Court of Appeal threw out the trial court’s timesharing plan because the order did not state that the timesharing arrangement was in the best interests of the child, and such an express finding is required by the law.
The appeal arose from the divorce case of C.M. (wife) and F.L. (husband). The final judgment in the couple’s divorce case set up a parenting plan that established a 50-50 timesharing split between the two parents. This timesharing schedule was part of the basis of the wife’s appeal.
Florida Divorce Case Results In Murder For Hire Of FSU Law School Professor
It is being reported today that the death of Daniel Markel, a former Florida State University law school professor, has been linked to a murder-for-hire scheme. Markel was shot in the head inside his garage at his home during the middle of the day on July 18, 2014.
Law enforcement officers in Hallandale Beach, Florida have arrested Sigfredo Garcia for his alleged role in the 2014 death of Daniel Markel. On May 25, 2016, Garcia was charged with shooting Markel only two days after he was interviewed by investigators. He has pled not guilty and is presently being held without bond in Leon County, Florida. Law enforcement officers intend to charge a second man, Luis Garcia, in connection with the homicide.
It is believed that the murder of Daniel Markel is related to the desire of his former wife’s family to have his former wife, Wendi Adelson, and their two minor children relocate from Tallahassee, Florida to Miami, Florida. It is, however, unknown who hired the killers.
What it Takes to Seek a Timesharing Modification in Florida
For many parents, events in their lives may trigger within them a desire to reconnect with the children from whom they’ve become distant. Depending on the perspective of the child’s other parent, this may not always be easy. A recent case originating in Palm Beach County is a useful reminder to all Florida parents that, even if your desire to forge a closer relationship is strong, you cannot demand a change in your timesharing based solely upon proving that you’ve gotten your life in order. Simply getting your life back on track doesn’t amount to the sort of change in circumstances recognized by Florida law that would allow a court to change your timesharing schedule, according to a Fourth District Court of Appeals ruling.
The case, which involved ex-spouses C.R. (father) and S.R. (mother), was based on a complicated, although not entirely uncommon, set of facts. The husband and wife had one minor child together when they divorced in 2008. As part of that divorce judgment, the court ordered shared parental responsibility with the mother as the primary residential parent. The father had visitation twice a week, on Wednesdays and Saturdays.