Articles Posted in The Family Court

A Fort Lauderdale mother was awarded unsupervised time-sharing and visitation rights to her 11-month-old son. However, a Broward county General Magistrate denied her requested to regain full custody of her child. The court ordered the child, Charlie Costa, to stay with a new foster family in light of a recent injury.

The minor child, Charlie Costa, is at Broward General Medical Center suffering from a skull fracture. He is reported to be alert, eating and does not have any hemorrhaging. In light of his recent injury, the mother, Apple Costa, unsuccessfully persuaded General Magistrate Giuseppina Miranda to remove her child from foster care and place him back in her home.

The minor child entered foster care 7 months ago due to burns on his hand and his mother’s drug addiction. Since then, his mother has had clean drug tests, completed parenting counseling and had psychiatric evaluations.

The Florida Governor’s Office is reporting that Governor Charlie Christ has appointed Miami-Dade Circuit Judge Kevin Emas to the Third District Court of Appeal. Divorce attorneys in Miami appear before Judge Emas where he presently presides over cases which involve dissolution of marriage, child support, paternity, child custody, alimony, parenting plans and time-sharing schedules.

Judge Emas has been a Circuit Court Judge since 2001. Prior to his tenure on the as a Circuit Court Judge, he had been a Miami-Dade County Court Judge from 1996 to 2001. Judge Emas was appointed to the Third District Court of Appeal as a result of the retirement of Judge Gerald B. Cope.

If you are currently in the process of a divorce in the Broward County, your spouse’s Fort Lauderdale lawyer will most likely request to take your deposition. Under Florida Law, once a petition for divorce is filed with the court, both parties are mandated to disclose to the other side their current financial information. Fort Lauderdale divorce attorneys use depositions to learn greater detail about the other party’s finances and lifestyle.

A deposition is witness testimony given under oath and recorded for use at a later date in court. Here is a helpful list of what to do and what not to do during your deposition.

1) Request time prior to the deposition for your attorney to prepare you.

During your divorce or paternity case in Broward County, minor children are often placed in the middle of their parents custody, time-sharing and parenting plan disputes. Your Fort Lauderdale divorce lawyer will explain to you that your child is entitled to have a relationship with both parents. The marital and family law court located north of Hallandale Beach in downtown Fort Lauderdale will do its best to protect your children during your case.

You should always remember to think about what is in the best interest of your children. The following will help your children prosper and maintain the best behavior during and after your divorce or paternity case:

1. Children should have the right not to be asked to choose sides between their parents.

Whether you are seeking a divorce, alimony, child custody, paternity, or any other relief from the Fort Lauderdale marital and family law court, you must conduct yourself professionally. Your Fort Lauderdale divorce attorney will take the lead, and you should remain silent while in the family court until your lawyer or the Broward County judge directs you to speak.

While the judge is talking pay close attention. While your attorney speaks listen to what he says. If either the judge or your attorney misstate the facts, use a notepad and write a note to your attorney. Whispering should be kept to a minimum because many courtrooms have microphones at the table and the court reporter may incorporate your private discussion with your attorney into the record.

If your ex-spouse takes the stand and twists the truth, sit back, relax, and remember that you will have your chance to explain the real story. You should make a note to your attorney to alert him that the witness is lying, but do not speak out loud or make funny faces during the testimony. This will only hurt your case. Remember that you are before the judge asking for relief, and if you appear intelligent, confident, secure and sympathetic, you have a better shot at winning your motion.