Articles Posted in Custody/Time-Sharing

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With close connections, both culturally and economically, to the Caribbean, Central America, South America and beyond, South Florida is a truly international region. The impacts of that are felt in many areas, including in family law. For areas (like here) where family law disputes cross not just state but national boundaries, it is essential to have a knowledgeable South Florida family law attorney who understands all of the laws that go along with child custody cases, including international custody cases.

One of the most important pieces of law when it comes to certain international custody disputes is something called the “Hague Convention.” While that treaty officially covers the topic of “international child abduction,” its effect on family law goes beyond just kidnapping cases. It also has the ability to impact a substantial array of child custody disagreements.

That treaty had a major impact on one Brazilian couple’s custody dispute, which was recently litigated here in Florida. The parents had married in Brazil in 2010 and welcomed a child in 2012. In 2016, the father, the child and the mother (who was pregnant with child #2) traveled to Florida so the father could advance his medical career by participating in a cardiology fellowship, and so the mother could deliver the second child in the United States.

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Many families with children – even those where divorce is involved – may go through the children’s entire formative years with everyone living in one state. For a lot of other families, though, that’s not the case. When you’re in that latter group, any legal disputes regarding parental responsibility and timesharing can become profoundly more complicated and may possibly force you to have to litigate in some far-away state. Having a skilled South Florida family law attorney by your side can provide you with immense benefit when it comes to seeking to avoid such a disadvantageous situation.

The story of an ended marriage with children and a post-separation family spread across two states hit the news recently. Devoted fans of the Real Housewives of New York reality TV show will undoubtedly recognize the name “Jules Wainstein” as one of the cast members during Season 8. People following celebrity “gossip” news will also recognize Jules Wainstein as a new divorcee. People.com reported that she and her husband, Michael, who share two children and who separated in 2016, received their final judgment of divorce this fall. Although Wainstein and her husband resided in Manhattan, she told BravoTV that she and the kids “temporarily” relocated here to South Florida, living with her parents in Boca Raton.

The mother’s comments to Bravo seem to indicate a clear intent to return to the Big Apple but, certainly, Wainstein wouldn’t be the first New Yorker who “temporarily” moved to South Florida and ultimately decided to stay. If the mother and children were to remain in Florida, any child custody issues that they would have to litigate in the future would implicate a statute known as the “Uniform Child Custody Jurisdiction and Enforcement Act,” or UCCJEA.

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You probably already knew that the outcome of your family law case can be affected by the state in which the case is litigated, as another state’s laws may be different from those of Florida. But you may not have known that the outcome of your case can differ based on where it’s litigated within Florida. A case heard in Broward County might conceivably have a different outcome than if it were heard in Orange County, due a difference of opinion between the two different District Courts of Appeal (the Fourth and the Fifth, respectively) whose rulings control in those counties. This is just one more example of the many nuances of the law and just one more reason why you can benefit from having a knowledgeable South Florida family law attorney on your side.

Very recently, the Second District Court of Appeal in Lakeland made an important new ruling. In 2019, a trial court in Pasco County modified two parents’ parenting plan, switching from majority timesharing with the mother to majority timesharing with the father.

In her appeal, the mother argued that the trial judge made a critical mistake in failing to give her specific instructions on what steps she must complete in order to regain majority timesharing. In the past, the Second District court had said that, “when a trial court denies or restricts a parent’s time-sharing with his or her child, it must specify steps for the parent to take in order to regain meaningful time-sharing.” In D.M. and B.M.’s case, the court made a significant change to that rule, stating that the decision to include or forego stating such instructions is a matter of judicial discretion, so failing to put them in an order is not necessarily a legal error.

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For better or worse – and it’s often “worse” – COVID-19 has impacted nearly every part of our lives. The pandemic has damaged many marriages and created an uptick in the number of spouses seeking divorce in Florida. The virus’s impacts can also be felt when it comes to timesharing and parental responsibility in Florida. As some cases are starting to demonstrate, a parent’s failure to keep their child (or children) sufficiently safe by following governmental guidelines may be enough to cost them time with the children. This is, of course, a new and emerging area of the law so, whether you need to seek a timesharing change or to oppose one, be sure you are armed with legal representation from a skilled South Florida family law attorney.

Losing timesharing… over mask usage? Wondering how that could happen? A report from the Sun-Sentinel offers some insights. The case, litigated in Broward County, involved a Florida father, a mother who had moved from Coral Springs to North Carolina and a child with asthma. The child’s asthma placed him in the elevated risk group regarding COVID-19.

In June 2020, according to the report, the mother posted a “selfie” from the waiting room of her doctor’s office. The mother captioned the picture “no mask for this girl.” That action, which probably seemed relatively insignificant at the time, eventually came back to haunt in her Florida timesharing case.

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When you go through the process of getting a divorce and you have minor children from the marriage, there are multiple legal issues that must be synthesized and work together. If not, problems are almost inevitable. For example, if your timesharing and your child support are based upon two different parenting plans, then something is going to go wrong. Either you’ll be paying too much (or too little) in child support, or else you may be getting an incorrect amount of timesharing. Whatever has happened, you still have options; namely, through the process of making a motion for modification. To make sure you’re going about that process properly, be sure you have a skilled South Florida family law attorney by your side.

A.C. and E.C. were a couple whose divorce case was an example of this problem. The couple had two minor children, and their 2013 divorce included a parenting plan and child support order. The parenting plan gave the father roughly 82 nights of timesharing. For reasons not explained by the Court of Appeal, the child support order did something very different: it calculated support based on the father having the children for 146 nights. Obviously, this disparity could potentially make a huge difference in the child support amount calculated under the guidelines.

Four years later, the mother asked for a modification of child support. The father responded by filing a claim for modification of timesharing.

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A lot of times, people who have an unsatisfying experience in court – especially family court – say they lost because the judge “had it in“ for them. Often this is the bitter complaint of someone who didn’t have a strong case or perhaps did have an adequate case but neglected to proceed without an experienced South Florida family law attorney.

Judges are not perfect, though, and sometimes, that appearance of bias is something more than just a figment of the imagination of an unsuccessful litigant. When a genuine issue of judicial bias occurs, this is another time when it pays to have a skilled attorney on your side so that he/she can aid you in handling it the right way.

E.M. was one of those litigants. In January 2020, E.M. and her infant child moved from Key West to Pennsylvania after the child’s father allegedly threatened to punch E.M. The mother filed a custody action in Pennsylvania and the father opened a custody case in Florida. The mother’s Florida attorney also filed a motion seeking to get the Florida custody action dismissed. The judge in Key West denied that motion.

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When you are in court on a paternity case, two of the main legal things that you’ll likely be concerned with are timesharing and child support. One of the key things to keep in mind is that these two elements should be interconnected with one another; which is to say that, if you are the parent paying child support but you also have the child for a significant amount of time, then the law says that latter fact should entitle you to pay the child’s other parent a smaller amount of child support each month. To make sure the child support you’ve been ordered to pay is fair, based on the totality of your circumstances, be sure you have representation from a skilled South Florida family law attorney.

How does that reduction process work? A recent case from Palm Beach County offers a good example. K.W. was a father living in North Carolina, and R.B., the mother, lived in West Palm Beach. After the mother filed a paternity petition, the court set up a parenting plan. The plan called for one schedule in even-numbered years and a different schedule in odd-numbered years. This type of plan is not uncommon, as it allows each parent to, for example, have the child for 1/2 of the summers and also 1/2 of Christmases.

This child spent 84 overnights with the father in even-numbered years, but fewer than 73 in odd-numbered years. This was because the plan dictated that the father was to have the child for summer break and winter break in even-numbered years, but not in odd-numbered years. As a percentage, that meant the child spent 77% of the time with the mother, and 23% with the father in even-numbered years. In odd-numbered years, the child spent less than 20% of the year with the father.

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When a marital relationship breaks down, that breakdown can cause some spouses to respond in a hyper-adversarial way, especially if there are children involved. They may try to lay hands on all kinds of privileged information, such as your past medical history and treatments. Often, this evidence is irrelevant and inadmissible, but you still need to know how to go through the correct legal steps to avoid having to divulge this very private and sensitive information. The right South Florida family law attorney can be instrumental in keeping your private medical information private.

S.R. was a mom caught in that kind of circumstance. After she filed for divorce, her husband, T.R., sought to force 11 medical providers, each of whom allegedly had provided medical, psychological or psychiatric care to S.R at some point, to divulge their records of any such treatment. The husband asked for a wide range of disclosures, including “notes, prescriptions, treatment records, consultation reports, lab reports, blood work reports, office notes by staff of the facility and any electronic records maintained during the course of treatment.”

In addition, the husband also asked the court to order S.R. to disclose all the records she possessed pertaining to “medical and/or psychological and/or psychiatric treatment or counseling” she’d undergone in the previous five years.

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When it comes to planning, nothing is more important than doing the planning necessary to protect your family. By retaining the services of a skilled South Florida family law attorney, you can be sure you have the right “safety net” to protect your most priceless treasure: your relationship with your children.

No one wants to think about planning for a potential breakup of their new marriage or newly expanded family, but that’s when you should begin planning to give yourself the “safety net” your family needs. If you’re a gay or lesbian parent whose children are the biological offspring of your spouse/partner but have no biological link to you, it is especially important that you do the proper planning to protect your relationship with your children.

It may be easy to think that, when the U.S. Supreme Court made its marriage equality ruling in the Obergefell v. Hodges case five years ago, all of the unique risks that LGBT+ parents face went away, but that’s simply not true, and a recent case from the Orlando area just further highlighted that fact.

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Alcohol abuse is a problem that affects millions of families across the U.S. A branch of the federal Department of Health and Human Services did a study that revealed that in excess of 10% of children in this country “live with a parent with alcohol problems.” When a parent with alcohol problems goes through a divorce, that problem may make working out a parenting plan more complex. Whether you or your ex-spouse is the parent is the one with drinking issues, it is important to recognize that there are certain things you can do within your parenting plan to address the problems, but there are also limits on your options. As you work through these difficult issues, it is invaluable to have a knowledgeable South Florida family law attorney to give you the thoughtful legal advice and effective advocacy your family needs as you set up your parenting plan.

A family from Broward County who recently went before the Florida courts is an example of the many facets of these cases. The mother filed for divorce after nine years of marriage, citing the father’s drinking. The mother asked the judge to order a parenting plan that awarded her majority timesharing along with ultimate decision-making authority, and that limited the father to supervised visits. The father argued for unsupervised visits and shared decision-making.

The judge ultimately awarded the father unsupervised visits, but made them conditional on his refraining from drinking. To make sure the father was abstaining, the plan called for the father to undergo blood-alcohol content (BAC) testing at the beginning and end of each visit. The judge also gave the mother the right to demand, at her discretion, ”periodic and immediate BAC tests,” even when the father didn’t have the children. The order further demanded that the father pay 100% of the costs associated with all of the BAC testing.

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