Articles Posted in Custody/Time-Sharing

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A Miami-Dade judge has refused to recuse herself in a heated Florida custody dispute between two prominent attorneys, despite her alleged ties to the law firm representing the former wife. The spouses divorced in 2005 after seven years of marriage. At the time of their divorce, the couple reportedly agreed to share equal custody of their two sons. Since then, the ex-wife has accused the ex-husband of violating provisions in the former couple’s divorce agreement by repeatedly calling her names in emails. She has asked Judge Maria Espinosa Dennis to hold him in contempt and amend the custody agreement.

According to Florida election records, the law firm at which the former wife’s attorney is employed donated $500 to Judge Espinosa Dennis’ re-election campaign on November 15th. The day before, the firm also co-sponsored a fundraiser for Espinosa Dennis at a restaurant in South Miami. The former husband filed a motion asking Judge Espinosa Dennis to recuse herself on November 1st after invitations to the re-election fundraiser were distributed. Judge Espinosa Dennis denied his request and he appealed to Florida’s Third District Court of Appeal. He purportedly feels he will be unable to receive a fair hearing before the lower court judge.

The ex-wife’s law firm is also seeking an award of approximately $100,000 in costs and attorney’s fees against the ex-husband. Her appellate attorney has stated that the former husband’s recusal argument has no merit and is legally indefensible. According to the ex-wife’s lawyer, the ex-wife’s law firm took no substantive part in the re-election fundraiser and only attended the event. He also said that the Florida Judicial Ethics Advisory Committee only requires a judge to analyze an attorney’s campaign involvement when faced with a recusal request. No employee at the law firm is on Judge Espinosa Dennis’ campaign committee.

Although the former husband claims Judge Espinosa Dennis had an obligation to disclose the law firm’s fundraising efforts as a possible conflict of interest, the former wife’s attorney argues that the ex-husband is merely upset with the judge’s prior rulings against him. He also alleges that the ex-husband has continued litigation for more than two years in an attempt to drain his ex-wife’s financial resources. The former husband’s attorney stated the judge’s decision to continue to preside over the case is insensitive and fails to take into account how any reasonable individual would react given the situation.

Custody arrangements in Florida are referred to as time-sharing plans. A time-sharing plan will specify the amount of time a child will spend with each parent each week. The plan will also specify where children will spend overnights and holidays. If a child’s parents are unable to agree on a time-sharing schedule, the court will set a schedule for them. A court ordered time-sharing plan will take into account statutory factors such as the child’s preference and any instances of abuse or violence. In order to modify a time-sharing plan, Florida law requires the parent seeking modification to show substantially changed circumstances.
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The Florida Fifth District Court of Appeal recently ruled in a case of first impression involving a same sex partnership child custody dispute. In a rather unique case, two women involved in a same sex partnership decided to have a child after engaging in a committed relationship for 11 years. When one woman in the partnership learned she was infertile, the other donated an egg which was fertilized using an anonymous donor. The infertile partner then carried the child to term and a baby girl was born in January 2004. The result was that although one partner gave birth to the child, the other is the child’s biological mother.

Only the woman who gave birth to the child was listed on her birth certificate, but the child’s last name is a hyphenated version of each woman’s last name. Although the couple parted when the child was 2 years old, she continued to treat each woman as a parent and divided her time between them. When the child was 3.5 years old, the birth mother reportedly took the child and left the country without notice. A short time after the egg donor learned of their whereabouts, the two returned to Florida.

The child’s biological mother filed a lawsuit in Brevard County seeking visitation. A circuit judge reluctantly ruled in favor of the child’s birth mother because a woman who gives birth to a child is the child’s mother according to Florida law. The biological mother appealed to the Fifth District Court of Appeal. The appellate court stated both the United States and Florida constitutions provide parental rights to both women and preempt Florida law on the matter. The Fifth District overturned the Brevard County judge’s decision and remanded the case to determine visitation, custody, and child support issues based on the best interests of the child.

The appellate court also asked the Florida Supreme Court to consider whether application of the Florida statute regarding parentage to the facts of the case at hand rendered the statute itself unconstitutional.

In the state of Florida, a custody arrangement is generally referred to as a time-sharing schedule. An overall parenting plan which includes a time-sharing schedule is usually established when parents divorce but can be established any time parenting partners choose to end their relationship. A time sharing plan outlines the amount of time a child will spend with each parent every week. This includes both holidays and overnights. If a child’s parents cannot agree on a time-sharing plan, a court will set a schedule which takes into account a variety of statutory factors and the child’s preference. Florida law requires a parent who seeks to modify a time-sharing schedule to show the existence of substantially changed circumstances which justify the change.
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A Lee County judge signed an order Thursday demanding the return of Country singer Mindy McCready’s 5-year-old son, Zander, to his maternal grandmother’s care in Florida. McCready reportedly took the boy to her home in Tennessee after visiting him late last month at her father’s Florida home. McCready, who is reportedly seven months pregnant with twins, said she was currently incapable of travel and allegedly refused to return her son to Florida.

McCready’s mother was named Zander’s guardian in 2007. Since then, the two have engaged in a long battle over his custody. The 36-year-old singer recently accused her mother of abusing Zander and stated she took the child in an effort to protect him. Her mother denies the allegations. In August, McCready also filed a libel lawsuit against her mother.

Early Saturday morning, Arkansas authorities reportedly took Zander into custody at a previously unoccupied summer home in Heber Springs. McCready allegedly did not have permission to be on the property and was found hiding in a bedroom closet with her son. The Arkansas Division of Children and Family Services is currently making arrangements to return the child to his grandmother in Florida. McCready has allegedly told her half-brother via text message their mother would never see her again.

McCready has reportedly led a complicated life since finding fame. She allegedly suffers from severe depression, has publicly battled a drug addiction, and she spent time in the hospital three years ago for an alleged suicide attempt. It is unclear whether McCready will now face criminal charges for violating the custody arrangement and the judge’s order.

Changes to child custody arrangements must be approved by the courts. In Florida, a parent must show substantially changed circumstances since the original arrangement was created before a court will modify a child custody arrangement. Additionally, the child’s best interests must justify any change. A parent’s fitness to raise the child, the child’s age, the parent primarily responsible for the child’s upbringing, and the child’s preference are all factors a court will look at when determining the best interests of a child. The court will also look at other factors such as the moral fitness of the parents, any evidence of sexual violence, child abuse, child neglect or child abandonment, and various other statutory factors.
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A number of judges in Broward and Miami Dade county courts have begun ordering divorcing parents to use third-party websites designed to effectively manage scheduling for their children. Websites such as OurFamilyWizard.com and ShareKids.com allow parents to maintain an online calendar to communicate important events, appointments and custody hand-offs. The technology can often eliminate the need for parents to call, text, or email one another during times of discord. The websites can also provide parents with an incentive to restrict highly emotional or vindictive communications because messages cannot be erased and all communications may be traced. Additionally, such technology may cut down on time spent in court as the websites may be viewed by divorce mediators, lawyers and judges.

Scheduling websites for divorced parents are popular. OurFamilyWizard.com was started in 2001 and currently has more than 20,000 subscribers hailing from all 50 states and some foreign countries. It provides parents with a shared calendar, expense logs, a place to list significant telephone numbers, a message board accessible to children as well as parents, and space to upload and view documents like report cards and school awards. Courts in more than 35 states currently order its use. ShareKids.com, founded by a divorced father of four, offers many of the same features.

Broward County’s administrative family court judge, Susan Greenhawt, believes other forms of communication such as emails and texts are not always an effective method for parents to communicate productively. She thinks scheduling websites have the ability to assist parents who are seeking what is best for their children. Miami-Dade chief family court judge Sandy Karlan has stated most judges in the county have been recommending the technology to parents for years. Many judges also order its use. Both judges said they generally encounter little opposition from parents who are ordered to use the online scheduling websites. Parents who divorced before use of the technology became widespread may also find the sites useful.

In Florida, custody arrangements are referred to as time-sharing. A parenting plan that includes a time-sharing schedule is established when parents divorce. This plan will outline the amount of time each week a child will spend with each parent including overnights and holidays. If parents cannot agree on a time-sharing plan, the court will set a schedule which takes into account several statutory factors such as abuse or violence and the child’s preference. In order to modify a time-sharing plan, Florida law requires a parent seeking modification to show circumstances have changed substantially enough to justify the change.
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A Broward divorce lawyer and his client received promising news last week which may help him regain custody of his child. Christopher Dahm was advised by the United States Department of State that his former wife, Leslie Delbecq, was detained at the Abu Dhabi airport when she attempted to depart the United Arab Emirates.

Dahm has been engaged in a global search for his two year old child for approximately one year. The United States Federal government has indicted his former wife with the crime of parental kidnapping, a violation of the laws of the United States of America.

The court in Abu Dhabi has requested information and documentation about the federal charges which are pending against Ms. Debeq who, along with her mother and father, were recently indicted by a federal grand jury.

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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.

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Last Friday a ten year old autistic boy was abandoned at Broward General Medical Center. This weekend the mother of this child appeared before Circuit Judge Marina Garcia-Wood, a marital and family law Judge, at the Broward Courthouse for a child custody hearing. At thea hearing, the court wanted an explanation why her ten year old son, Benjamin, was found wandering around an emergency room on Friday.

The mother told the judge that she suffers from bipolar depression and recently separated from her husband. She has two other children, is unemployed and was recently evicted from her foreclosed home. Mrs. Benjamin dropped the minor child off at the hospital because she could not take care of him or find assistance to help her with the minor child.

While the boy’s father travelled from his residence in Islamorada after hearing that his son was abandoned, the minor child has been placed in the custody of the Department of Children and Families pending a complete investigation. He has been taken to a foster home for children with special needs so that he can receive the services that he needs.

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Clients will often call their divorce lawyer in Fort Lauderdale and complain about time-sharing scheduling difficulties, missed appointments for their children and other parenting plan problems. Miami marital and family lawyers also hear complaints that one party has sent inappropriate text messages and emails or has requested reimbursement of unauthorized dental and doctor bills. These problems result in expensive court battles with children stuck in the middle of their parents disputes.

Websites are now available to assist parents in being more efficient with their parenting plan and minimizing conflict. Messages are saved in order to avoid conflicting stories from litigants.

In Broward and Miami-Dade, marital and family lawyers request that the court order parents to use websites such as OurFamilyWizard.com and Sharekids.com to communicate with each other in a more effective manner. While these websites permit therapists, lawyers and parenting coordinators to view the site, they also assist in the resolution of child custody disputes without litigation.

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Many children from divorced parents experience difficulties with math and social skills. Emotionally, they experience anxiety and depression. While parents predivorce problems do not influence their kid’s social and academic progress, children fall behind and fail to catch up for at least two years after their parents divorce in Miami or Fort Lauderdale.

Research now shows that divorce is very difficult for children. The stress can double a kid’s risk of a stroke. In a recent university study, children were followed from kindergarten until eighth grade. Researchers followed children whose parents divorced between their kindergarten and third-grade years compared with 3,433 children from intact homes.

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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.