Articles Posted in Custody/Time-Sharing

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Miami Heat superstar Dwyane Wade’s lengthy custody battle returned to a Chicago courtroom recently after his ex-wife, Siohvaughn Funches-Wade, allegedly refused to return the couple’s two sons over Father’s Day weekend. When Funches-Wade reportedly declined to turn the children over to Wade’s sister for transport back to Miami, she was arrested and charged with misdemeanor child abduction, interference with visitation, and resisting arrest. In response to the incident, Wade, who was previously awarded sole custody of the children by a Cook County family court, filed a petition requesting that Funches-Wade’s right to visitation be suspended.

Instead of suspending Funches-Wade’s visitation rights, a Cook County judge ordered that all visits during the next four months take place in Florida where the children currently reside with their father. According to Funches-Wade, she has not had uninterrupted access to her children since she was arrested. Her attorney, who recently asked the court to allow him to leave the case, stated it was not typical for law enforcement officers to enmesh themselves in a child custody case. He reportedly believes authorities responded to the incident as a result of Wade’s celebrity.

Wade stated that, despite his recent petition before the court, he would like for his former wife to remain in the boys’ lives. Funches-Wade claims she did not return the children at the specified time due to a severe and debilitating asthma attack.

The custody of a couple’s children is always an especially emotional subject, and most parents worry about how much time they will be allowed to spend with their kids following a divorce. In Florida, a parent who seeks to modify a child custody order must show that one of the parent’s circumstances has changed in a substantial way. Additionally, the best interests of a couple’s children must also justify any requested custody modifications. A Florida family court judge will examine a number of factors under Florida law when considering any request to modify custody. Those factors include the child’s age, the child’s own preference, each parent’s fitness to raise the child, and which parent is primarily responsible for the child’s upbringing. Any allegations of child abuse, neglect, or abandonment, the moral fitness of each parent, and any evidence of sexual violence will also play a factor in a judge’s child custody decision.
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Summer means a lot of things including warmer temperatures, vacations, and a break from school for most children. To divorced parents, however, summer can be a source of contention and may make you want to revisit your time-sharing agreement. Former spouses may disagree regarding many aspects of a child’s summer break, but vacations can become especially problematic for divorced parents. Disagreements over the location and timing of vacations can easily lead to larger battles. By following a few simple steps, it is possible for divorced parents to avoid a summer vacation battle.

First, parents can plan ahead by creating a vacation schedule. Generally, when parents fail to make a vacation schedule either parent may take a child anywhere that is not restricted by the former couple’s custody agreement. By discussing parental concerns regarding the location, timing, and other vacation matters, former spouses have to opportunity respond to one another’s concerns before a disagreement arises. Once divorced parents come to an agreement regarding a vacation schedule, it is also important to follow the agreed upon plan where possible. If parents cannot agree on a vacation schedule, mediating the matter in front of a neutral third-party such as a child custody attorney may also be an option to consider.

No matter the subject, it is vital for divorced parents to maintain an open line of communication with one another. If vacation plans that involve children happen to change, the vacationing parent should notify their child’s other parent s soon as possible. For safety reasons, a former spouse should be kept informed of the location of the vacation, the length of the holiday, and the best way to reach their child in the event of an unexpected emergency. By doing this, the vacationing parent can also avoid explaining to a family court judge why important information regarding a child’s whereabouts was not disclosed to the child’s other parent.

Where necessary, a parent may choose to involve the courts in a dispute over vacation time. Normally, a child custody agreement will outline the amount of vacation time each parent will have with their children as well as the amount of notice that must be provided to the other parent prior to leaving on a trip. Travel locations may also be limited by a time-sharing agreement. Even where parents agree upon a vacation schedule, they may choose ensure an agreement is binding by submitting it to a family court for approval.

Since October 2008, divorcing parents of minor children in Florida must enter into a time-sharing agreement. A time-sharing agreement will state exactly how much time each parent will spend with their child including overnights, weekends, school breaks, and holidays. If a child’s parents cannot reach an agreement regarding a time-sharing schedule, a family court will create a schedule for them.
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Increasingly, former spouses in South Florida are utilizing the services of a parenting coordinator. A parenting coordinator is a type of mediator who ensures parents comply with a written parenting plan. The aim of parenting coordination is to encourage communication between divorced parents and prevent their children from becoming a victim in their disputes.

In 2009, the Florida Legislature passed a law that allowed parenting coordinators to have a legal role in disputes between divorced parents. Under the law, a judge can appoint a trained parenting coordinator to mediate any disputes about shared responsibility of a former couple’s children. A parenting coordinator’s role is to help former spouses establish a detailed written plan for a variety of issues such as parental responsibility for certain child costs, child transfer locations and times, and the role of extended family members in a child’s life. When the law was passed, Florida had about 200 trained parenting coordinators. There are now approximately 300 parenting coordinators located throughout the state. Around 15 coordinators currently work in each of Florida’s 20 judicial circuits.

According to Fort Lauderdale family mediator Debbie Sedaka, time-sharing conflicts frequently account for the largest number of parental quarrels. Sedaka stated disagreements between divorced parents often break out during a child’s transfer. She believes a parenting coordinator’s most important role is to teach divorced spouses how to communicate with one another in a way that does not expose their children to more conflict. Pembroke Pines psychologist Pamela Silver said the job of a parenting coordinator is often a stressful one. She also stated it can be extremely difficult to act as a parenting coordinator in circumstances where parents cannot place the needs of their children above their own.

Still, an increasing number of judges and social service organizations believe divorced parents engaged in frequent conflicts can benefit from an outside mediator. Psychologist Jill Schwartzberg, who was recently trained to be a parenting coordinator for a family service organization near Boca Raton, stated it is necessary for parents to find a way to resolve their conflicts in a peaceful manner. Despite the sometimes difficult nature of the role, Schwartzberg believes it is important for parenting coordinators to do their best to protect the emotional well-being of children who come from high conflict families.

In Florida, a child custody agreement is referred to as a time-sharing schedule. A time-sharing plan will establish in writing which parent a child will spend weeknights, weekends, overnights, holidays, and school breaks with. If divorcing parents are unable to agree on a time-sharing schedule, a family court judge will create a time-sharing plan based upon a parent’s moral fitness, any evidence of neglect or abuse, and a variety of other statutory factors. If you are currently engaged in a time-sharing dispute, you should contact an experienced Florida child custody lawyer to discuss your rights.
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The United States House of Representatives recently passed, by an overwhelming margin, a measure designed to protect deployed military service members involved in child custody disputes. H.R. 4201, the Servicemember Family Protection Act, was introduced by Representative Mike Turner of Ohio and passed the House after a vote of 390-2. The legislation, which was also reportedly passed as part of the 2013 defense authorization bill, will now move on to the U.S. Senate.

Interestingly, Secretary of Defense Leon Panetta, military family advocates, and legal experts have expressed opposition to the measure. The American Bar Association, National Military Family Association, and family law attorneys throughout the nation believe the proposed legislation would likely increase legal costs for military families involved in custody disputes because the bill as written creates a right to federal court review. Opponents of the law argue federal review may be detrimental to the children of parents in the military because federal courts may favor deployed service members and fail to consider the best interests of the child when custody is in dispute. Additionally, child custody cases could be heard by federal judges with little or no family law experience.

Representative Turner, who has reportedly supported a military child custody law for the past seven years, stated the proposed legislation is simple. Turner says the proposed law merely states that deployment status may not be used as a factor in child custody awards. He doesn’t believe the law would provide a service member with an undue advantage nor would it have an effect on other aspects of a child custody dispute. Turner said the law would merely remove a disadvantage currently in existence for deployed parents.

Two years ago, a study conducted by the U.S. Department of Defense (DoD) found that military deployments do not affect a parent’s child custody rights. The study also found no reported cases that would suggest parents in the military lost custody based solely on their deployment status.

Turner’s quest to pass the legislation has reportedly inspired several states to clarify or modify existing child custody laws related to deployed service members. Currently, 40 states have laws that do not allow military deployment to be used as the decisive factor in awarding child custody. Next month, a model Deployed Parents Custody and Visitation Act will be published by the nation’s Uniform Law Commission. Although not required, every state will be invited to adopt the language of the model act. Additionally, the DoD has ordered all service members to prepare a pre-deployment Family Care Plan to address child custody issues.

In October 2008, Florida abolished custodial designations for parents. Instead, child custody in the state is now referred to as time-sharing. A Florida time-sharing schedule establishes which parent a child spends not only holidays with, but also other times such as weekdays, overnights, and school breaks. If parents cannot agree on a time-sharing schedule, the family court will create a schedule that takes into account a variety of factors such as the moral fitness of each parent, any evidence of abuse or neglect, and other statutory factors. A knowledgeable Florida child custody attorney can explain the factors to you in more detail.
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A 23-year-old mother was recently charged with one count of child neglect after her 11-month-old son was found alone in a Miami motel room. According to police, the mother left her infant unattended in a playpen for several hours in a room at the motel on May 13th. A motel employee reportedly notified police the child was left alone after the employee entered the room to clean it. The child’s mother allegedly returned to the motel room more than two hours after authorities arrived. The mother reportedly told officers she left the child in the room because it was raining and she did not want him to get wet. Following the incident, she was taken into custody and later released on a $5,000 bond.

Last week, a Miami-Dade family court judge awarded temporary supervised custody of the baby to the woman’s parents. Judge Jeri Cohen expressed concern over awarding custody to the couple, however, as the woman’s father reportedly has a criminal record that includes a DUI manslaughter arrest. A follow-up court date during which Judge Cohen will make a long-term custody decision is scheduled for later this week. The mother has reportedly lost custody of all of her children, including one who was previously adopted by her parents. Judge Cohen ordered the mother, who is currently pregnant with her fourth child, to attend Alcoholics Anonymous and wear an alcohol monitoring bracelet. She also issued an order that stated the child’s grandparents must wear alcohol monitoring bracelets while the baby is in their custody.

Although it is unclear where the infant’s father is in this case, the custody of a couple’s child is always an especially emotional subject. Most parents worry about who will be tasked with caring for their children after a separation or divorce. In the State of Florida, a parent who would like to modify a child custody order must demonstrate that one of the parent’s circumstances has substantially changed. Additionally, the best interests of a couple’s child must also justify any requested change in custody. A family court judge will examine a number of factors following a request to modify custody. The factors include a parent’s fitness to raise the child, the child’s age, which parent is primarily responsible for the child’s upbringing, and the child’s own preference. Other relevant factors include allegations of child neglect, child abuse, or child abandonment, the moral fitness of the parents, and any evidence of sexual violence.
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Governor Rick Scott recently signed a 61-page document that has essentially rewritten Florida adoption laws. House Bill 1355, titled “Protection of Vulnerable Persons,” was created after a Baker County judge reportedly placed a four-year-old girl in the custody of a registered sex-offender who was not her biological father in July 2011.

The heated custody battle reportedly began after the child’s grandmother applied to formally adopt her. The case drew national attention when the girl was removed from her grandmother’s home and placed with her deceased mother’s husband. The child’s mother was killed in a car accident one month after the husband reportedly filed for divorce from the woman. Because Florida law considered him the child’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.
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According to the National Center for State Courts, approximately 18 million children in the United States have parents who are separated or no longer married and the parents of another 17 million children never married one another. About 25 percent of those children have a parent who resides in another city. Additionally, three-fourths of single mothers relocate at least once within the first four years after a divorce or separation. Consequently, nearly 10 million American children do not have regular face-to-face contact with one of their parents.

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

In February, the father was reportedly arrested in Pensacola and returned to Miami-Dade on interfering with child custody charges. He was released from jail on Wednesday. His mother was also reportedly 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 the man’s mother, she and her husband had custody of the child at the time the child’s mother reported her missing. The child’s mother allegedly accused the child’s father of child abuse, child neglect, and domestic violence as well as kidnapping. A home study of the grandmother’s residence reportedly 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 grandparents. Permanent custody of the child will not be resolved until the child’s mother 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 have been 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.
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A Titusville father and his girlfriend are being held without bail in Brevard County after authorities reportedly removed a 12-year-old boy who was allegedly starved and locked in a small closet in their home. The son of the 38-year-old father 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. The father and his girlfriend were both reportedly 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 the girlfriend’s 15-year-old son were reportedly placed in the care of the Florida Department of Children and Families by Brevard County Judge Tonya Rainwater.

The couple is accused of allegedly 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.

The father was reportedly investigated in 2010 for child neglect. After the allegations were investigated, the boy was allegedly 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 reportedly located and are communicating with the father of the girlfriend’s son. The father of the 12-year-old reportedly 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.
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This week, Florida’s Third District Court of Appeal declined to disqualify Miami-Dade Circuit Judge Maria Espinosa Dennis from a child custody case between two prominent area lawyers. After the two attorneys divorced in 2005, the former couple agreed to share custody of their two small children equally. Since that time, their relationship reportedly deteriorated so much so that the former wife, a law professor, asked Judge Espinosa Dennis to hold the former husband, a partner at a law firm, in contempt for allegedly violating provisions in their divorce agreement. According to the ex-wife, the ex-husband has continuously and repeatedly sent her abusive emails. The ex-wife also asked the judge to modify the former couple’s custody agreement.

Last November, the ex-husband filed a motion asking Judge Espinosa Dennis to recuse herself from the custody case after the law firm at which the ex-wife’s attorney is employed co-sponsored a fundraising event and donated $500 to Judge Espinosa Dennis’ re-election campaign. Judge Espinosa Dennis called the motion legally insufficient and denied his request. The former husband then appealed to Florida’s Third District Court of Appeal seeking her removal from the case. According to the ex-husband, it would be impossible for Judge Espinosa Dennis to treat him fairly due to the donations made to her campaign. Interestingly, the ex-husband’s own law firm also reportedly donated $500 to the judge’s re-election campaign last December.

The ex-wife’s appellate attorney argued that the ex-husband is simply unhappy with Judge Espinosa Dennis’ prior rulings against him. He also claims the former husband has continued the litigation in an attempt to drain his former wife’s financial resources. Because of this, the ex-wife asked the appellate court to award her approximately $100,000 in attorney’s fees. In a judgment which offered no legal reasoning except a citation to a 1991 Supreme Court of Florida case, a panel of Third District Court judges denied the ex-husband’s petition to remove Judge Espinosa Dennis from the case. Judges Richard J. Suarez, Judges Juan Ramirez Jr., and Vance E. Salter also provisionally approved the ex-wife’s request for legal fees.

Florida is a no-fault divorce state. If you have minor children, your final judgment of divorce will include a parenting plan and a custody arrangement, also called a time-sharing plan. Such a plan will outline which parent a child will spends holidays, overnights, and all other days with each week. If parents cannot agree on a time-sharing plan, one will be ordered by the court. The modification of a time-sharing plan can be difficult as a parent who is seeking modification must demonstrate changed circumstances justify the modification. If you are seeking to establish or modify your child’s time-sharing plan, a capable Broward County family law lawyer can assist you.
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