Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boca Raton

Unusual circumstances often demand unusual measures.

A father allegedly murdered the mother of his three children – and then killed himself, leaving their children orphaned.

Now, what happens to the kids?

Grandparents on both sides are ready, willing and able to take the children in. And initially agreed to shared physical custody, with the kids shifting from one home to the other every three days. (Florida calls this rotating custody.)

But the oldest boy found this disruptive and wanted to stay in the school where his paternal grandparents lived.

So, what’s a court to do in this tragic situation?

On a strictly temporary basis, the presiding court continued shared physical custody, but modified the schedule. Now the kids will be with the paternal grandparents during the week and with the maternal relatives in Vermont on the weekends.

This unorthodox and not-so-easy timesharing arrangement reportedly took family members by surprise.

The maternal relatives plan to seek permanent, primary custody of the children. Among other reasons, they reportedly felt they could better counter the domestic violence influences of the children’s father.

Read more in this [Glen Fallsl, NY] Post Star article: Families clash over custody – Dawn Roberts’ children set to live with parents of her apparent killer.

A Georgia man is on trial for aggravated battery and cruelty to a child for allegedly circumcising his two year old daughter. Female circumcision is said to be a widespread ritual in the man’s native Ethiopia.

The man’s defense reportedly is that his wife did it … for advantage in their pending divorce and child custody case.

The man’s wife allegedly sought sole custody of their daughter, with visitation by the father to be supervised.

While some parents will stoop to almost any tactics against the other parent to gain a perceived legal advantage over them, torturing their children for that purpose is, thankfully, comparatively rare and extreme in family court.

Read more in this First Coast News [Brunswick, GA] article: Father Testifies in Circumcision Case.

Parental rights of unwed fathers generally vary according to the paternity laws of the various states.

But the Indian Child Welfare Act, a federal law, provides additional legal protections to biological fathers and their tribes before a child of American Indian heritage may be adopted out.

In addition to any notice which may be required to be given to the biological father, notice must also be given to the official representatives of the appropriate tribe. And the tribal entity has jurisdiction over any child of American Indian heritage.

A Mormon church-affiliated adoption agency reportedly recently facilitated an adoption of a baby whose biological father turned out to have been of Navajo heritage.

The Navajo Nation claims that the agency never contacted them, although the agency allegedly was aware that the baby may have been of Navajo heritage.

When the biological father learned that he had a child who was up for adoption, he filed a petition for custody of the baby. His petition was denied, however.

Read more in this Salt Lake [UT] Tribune article: Navajo Nation disputes adoption.

As Domestic Violence Awareness Month draws to a close, it is an ideal time to identify and embrace global strategies to “combat” domestic violence.

That was the assignment taken on by Violence against Women, an international conference spearheaded by the Interdisciplinary Research Centre on Family Violence and Violence Against Women. The conference drew 500 participants from 40 countries.

The conference participants isolated five pre-conditions which must be satisfied before we can hope to eradicate domestic violence worldwide:

1. widespread buy-in to the fact that domestic violence is real and pervasive
2. social re-classification of domestic violence as a societal problem
3. social response must be coordinated and consistent across agencies
4. awareness must be raised across nations and across society within them; and, in order to achieve all of the above,
5. funding must be dramatically expanded

Read more in this CCNMatthews article: Conference on Violence Against Women Wrap-Up: Five Conditions to Move Forward.

An Ohio woman has lost custody of her 6 year old son.

The reason: she smokes cigarettes.

Now, mother and son are separated by 1,000 miles.

And news of this surprising case has spread to distant shores such as Scotland.

The mother in the case testified that she never smoked near her son or in their home.

There was no indication that the boy suffered from any special sensitivity or unusual reaction to cigarette smoke.

The mother used to be a nurse and alleged that she only took up smoking during her divorce – and has since quit.

The mother reports that she plans to appeal to the state’s highest court.

Read more in this Daily Record [Scotland] article: MUM LOSES CUSTODY OF SON, 6 BECAUSE SHE’S A SMOKER.

Worldwide, domestic violence still occurs with staggering frequency, according to a World Health Organization study which was published in a British medical journal.

Interviews of 25,000 women at 15 sites in 10 countries revealed that 50% to 75% of women at six of the sites had been victims of moderate to severe domestic violence.

At 13 of the 15 sites, more than 25% of the women had been victims of domestic violence in the past year.

Overall, women faced greater danger of violence from intimate partners than from strangers.

One-fifth to two-thirds of study subjects reported that they had never spoken of the abuse they had suffered before the study.

At all of the sites, controlling behavior (tracking a partner’s activities and associates) was linked to abusive behavior.

This first global study of domestic violence is considered an important step in combatting it on a worldwide scale.

Read more in this International Herald Tribune article: Study exposes extent of abuse of women.

Last month, approximately 60 retired and active service members mounted challenges in a federal appellate court to the Uniformed Services Former Spouses Protection Act on constitutional grounds.

The statute withstood attacks on due process, equal protection and discrimination grounds as well as an argument that it impinged on Congress’ right to raise and support armies.

Among other things, the Act provides for the division of military pensions by state divorce courts.

Read more in this Honolulu Advertiser article: Ex-spouse benefits act unyielding.

I previously posted Undocumented Immigrant Mother Arrested Before Child Support and Custody Agreement Signed With Father’s Representation by Attorney for Immigration Agent.

An Indian River County, Florida court has now awarded primary residential custody of the unmarried couple’s two year old girl to the father, a reportedly convicted drug offender who allegedly still abuses drugs.

The mother also alleges that the father had a history of domestic violence toward her.

Now, the mother also faces deportation following the loss of custody of the daughter she had been raising, thanks, reportedly, to the instigation of the father of the baby.

The mother will likely be allowed to exercise some visitation, in her native Uruguay.

The law requires that the ruling as to which parent will be the primary residential parent be made so as to serve the best interests of the child.

It has not been reported whether the court favored the drug-offending father because he would raise the child here in the US, while the mother, as a result of her impending deportation, would, of necessity, raise the child outside the US, probably in her native Uruguay.

Read more about this sad outcome in this TC Palm article: Judge must play King Solomon with Vero Beach child.

A NY mother was recently arrested in Alabama by the FBI’s Violent Crimes Task Force – for kidnapping her own child.

The 5 year old girl’s mother allegedly did not have custody of her.

A custody dispute between parents? Apparently not.

The mother’s parental rights were reportedly terminated by the state, resulting in the child being placed in the custody of a legal guardian.

Whom the mother allegedly assaulted to abduct the child.

The child is now in governmental child protective custody.

Read more in:

• this WTVM9 [Columbus, GA] story: New York woman arrested for kidnapping her child
• this 1010 WINS [NYC] piece: FBI: NY Woman Arrested on Kidnapping Charges and
• this 1010 WINS [NYC] piece: Police: Brooklyn Mom Kidnapped Own Daughter.

A few months ago, a Beijing attorney reportedly came up with the idea of representing “the other women” in family court cases.

So he “reached out” to mistresses with advertising.

And at least a few paramours allegedly responded.

Reaction has not been limited to potential clients though.

The lawyer’s own wife has since filed for divorce.

And the lawyer has also reportedly been subjected to sharp criticism from other quarters as well.

It is unclear whether the lawyer will stick to representing mistresses as a matter of principle – or move on to “safer” legal work.

Read more in this Shanghai Daily article: Lawyer defends rights of mistresses.

The Fatherhood Coalition, successor to the Coalition for the Preservation of Fatherhood, both lends moral support and furnishes legal information to Boston area fathers going through divorce.

The association highlights the importance of fathers in their children’s lives, not just “every other weekend”, but all the time.

The nonprofit organization’s mission is carried out by volunteers, in part through a newsletter and an internet forum.

Unfortunately, like many otherwise worthwhile father-oriented groups, this nonprofit may undercut itself with “anti-establishment” positions taken against child support and against protection from domestic violence.

Read more in this Leominster [MA] Champion article: Fathers unite under local coalition.

An Oregon man got tired of paying child support, so he decided to seek custody of his children.

That’s bad enough.

But, to achieve his goal, this man allegedly built four pipe bombs, intending one of them to kill his ex-wife.

Now the man is under arrest for attempted murder. Aptly, this occurred during Domestic Violence Awareness Month.

Of course, the man’s probably not likely to get custody of his children.

But he just may get out of paying child support – for about 10 years to life.

Yet judgments can be enforced for a long time.

Read more in this KTVZ [OR] News story: Police: Child custody pipe-bomber motive.

The piece doesn’t indicate whether the man has a prior documented history of domestic abuse – or mental illness.

The Florida courts and clerks continue to labor to repair the damage caused by widespread reports of sealing selected cases and even concealing docket listings for cases involving famous, powerful and wealthy people.

Here in Palm Beach County, an order was recently entered requiring a publicly-noticed public hearing before a case in this county can be sealed, either in whole or in part. If prior notice is not practicable, notice will be made public after the fact – but challenges could be prosecuted later.

The Florida Association of Court Clerks and Comptrollers has recommended that all hearings on sealing be noticed on the clerks’ official websites, at a minimum.

Florida’s Supreme Court is reportedly still reviewing the problem and it is anticipated that it will adopt rules for sealing, either part or entire cases, which will apply uniformly throughout the state.

To that end, each judicial circuit was recently required to submit a report to the Florida Supreme Court regarding the current state of sealing in that circuit.

Some circuits have reportedly blamed the much-publicized sealing and super-sealing on inaccurate reporting by the media and computer glitches.

Amidst all the uproar, it should be remembered that there may be legitimate reasons for sealing part or all of a case. In fact, that is standard practice in Florida for adoption cases, juvenile dependency cases and juvenile delinquency cases, and mental health cases.

Read more in this Palm Beach Post article: Public review ordered for sealed cases and this Lakeland [FL] Ledger article: Sealed Court Cases Coming Under Review.

Virtual visitation, also known as internet visitation, continues to grow in popularity, where parents are separated from children for one reason or another.

It is leaps and bounds beyond phone calls, especially with younger children who are not as engaged by phone conversations.

In addition to garden variety divorces, virtual visitation opens up new possibilities for supervised visitation where professional supervivor resources are already strained. And for visitation with parents who are incarcerated.

Read more in this Keloland [SD] TV piece: Virtual Visitation.

Although domestic abuse is popularly viewed as a “women’s problem”, women don’t have a monopoly on it, by any means.

Women can and do brutalize men too, with physical violence – and also with verbal and psychological abuse, which may sometimes be even worse.

In fact, a Canadian study finds that men are victims of domestic abuse in almost as great numbers as women – only men are far less likely to report abuse or seek help.

And when men do report abuse, they aren’t always taken seriously.

There was a time when domestic abuse against women wasn’t treated seriously either.

Domestic abuse should always be taken seriously by everyone.

If nothing else, Domestic Violence Awareness Month should get that message out and across.

Read more in this Victoria [Canada] Times Colonist article: Battered husband syndrome – Men who suffer physical abuse at the hands of a partner are often reluctant to report it.

OK, it may not be the first thing on your mind right after the divorce.

But an interior designer insists that redecorating solo can be healing and therapeutic for the newly divorced.

Redecorating reportedly symbolizes embarking on a new beginning, one which unabashedly expresses and fulfills the recently divorced individual’s unique solo identity and preferences, and rebuilds their self-esteem.

At any rate, it certainly beats some of the alternatives.

Read more in this Lincoln [NE] Journal Star article: Redecorating after divorce can be refreshing experience.

This month is Domestic Violence Awareness month. Victims of domestic violence suffer all year long.

But they also manage to overcome and triumph all year long – with help, important help from the community.

The Summit [CO] Daily News article, ‘Now I’m winning’ celebrates a mother and her four daughters.

They survived by escaping domestic abuse, thanks to guidance and assistance (transitional housing assistance, therapeutic assistance and legal assistance) facilitated by Advocate for Victims of Assault.

The Naples [FL] Daily News similarly reports that Shelter Gets Grant to Help Build Transitional Housing. Such grants aid escaped victims of abuse in transitioning from shelters to independent living.

Therapeutic, housing, legal and other forms of support from the community help make it possible for victims of abuse to break free of their abusers and, just as importantly, help to lead their children to break out of what too often is a repeating cycle of abuse.

Medical News Today publishes an article that illuminates what anecdotal evidence suggests may be an accelerating epidemic:

controlling and abusive parents wielding “shared parenting” as their ultimate power tool – exploiting their parental rights, using their children as pawns, in an obsessive effort to further abuse, and maintain control over, their children’s other parent.

According to the article, in a significant number of cases, there are wide gaps between the idealized promise – and the harsh realities – of “shared parenting”.

Read more in this thought-provoking Medical News Today article: Child Custody With Abusive Ex-spouse? Study Shows How Women Decide.

Prenups (or lack of same) have gotten a lot of media attention lately, both in the context of “regular folks” and of celebrity divorces.

Their cousin is the postnuptial (or postnup) agreement, often also known as a property settlement agreement.

Although sometimes also known as a marital settlement agreement or a separation agreement, a postnup really doesn’t have to mean the end is coming.

Rather, a postnup can be thought of as a prenup done after the wedding – sort of.

There are similarities and differences between the two types of documents and, believe it or not, they are not mutually exclusive documents.

A postnup may make up for failure to get around to timely and properly executing a prenup before the wedding.

It may also modify, or even supersede and replace a prenup.

It may address changes that have developed since the wedding, either in the financial circumstances of the couple – or in the evolving relationships within the blended and expanded family.

In fact, some couples execute multiple postnups over the years.

Like a prenup, a postnup can be designed to “kick in” in either or both of two dinstinctive situations:

1. separation and/or divorce

or

2. death of a spouse

.

Read more in this BankRate.com article: For richer or poorer … or according to the postnuptial agreement.

Another “shared parenting initiative” is up for consideration, this time in North Dakota.

Shared parenting means different things in different states and to different people.

Florida has adopted shared parenting and, here in Florida, shared parenting refers to legal parenting responsibility and decision-making authority.

Physical custody or residential parenting is not bundled up in shared parenting in Florida.

The initiative in North Dakota appears to require equal timesharing between parents as the default arrangement.

And it just may be a first.

Florida calls that equal timesharing arrangement by the termrotating custody – because the child rotates between his or her parents’ homes at regular intervals.

The interval may be a week, a month, a year – or any regular interval that works for the parents.

Sometimes the parents live close by each other, other times far away. That may bear on the interval chosen.

In Florida, at least until recently, rotating custody was only implemented in cases where both parents agreed to it.

North Dakota, by contrast, appears to be adopting rotating custody, at intervals determined case-by-case basis, as the standard – unless one of the parents is unfit.

An editorialist at the Bismark [ND] Tribune, in the piece ‘Turn down initiative on child custody’ weighs in on the initiative with:

[T]here are flaws. There is a mechanical approach toward custody, a calculation of so much time the children must spend here, an equal period of time there. If the parents want the period to be a six-month bloc, what kind of life is that for the kids?

“I find the child support agency is totally unfair and biased against non-custodial parents”.

Another deadbeat dad making excuses?

No. A non-custodial mom. In jail. For non-payment of child support.

“Meanwhile, this state has treated me no better than a person who’s committed murder“.

Her daughter suffers from disabilities that reportedly demand her mother’s time and prevent her from working.

This mother complains only that the child support enforcement system in her community is unfair to non-custodial parents.

One can’t help but wonder whether all non-paying, non-custodial parents in that community are treated equally, the way this mother is being treated.

Or whether all non-paying parents’ justifications and/or excuses (or lack of same) are weighed on a case by case basis, according to the particular facts at hand.

Read more in this Richmond [IN] Palladium article: Child-support system hurts child, mother.

Two domestic violence cases in Maine have been postponed for four months.

Because prospective jurors were among the passersby exposed to educational materials on display outside the courthouse in conjunction with National Domestic Violence Awareness month.

Apparently, anti-domestic violence messages may be viewed as controversial in the state of Maine.

And may be deemed prejudicial to the administration of justice in the state of Maine.

Womancare, the local Maine nonprofit serving victims of domestic violence, must really have its work cut out for it, even more than some of their counterparts in other states.

Read more in this Bangor Daily News article: Domestic violence cases postponed.

If you think divorce rates are high among the general population, they’re nothing compared to divorce rates for members of the armed forces.

Divorces among army officers rose a whopping 78% between 2003 and 2005.

And divorce among enlisted personnel has risen 53% since 2000.

Military personnel and their spouses going through divorces should keep several special issues in mind related to:

1. Jurisdiction
2. Pensions
3. Survivor Benefits and
4. the 10 Year Rule

Read more in this article on the special considerations in military divorces.

According to reports, an arguably overzealous child welfare agency in Missouri, with an inexperienced social worker running the case, conducted a formal home study before starting a termination of parental rights case by filing a petition with the court.

The applicable Missouri statute reportedly states clearly that the home study should be conducted and filed after the filing of the petition.

At trial, the court deferred ruling on various motions, including a motion on whether to recognize the home study as evidence in the case – until after the Court reached a decision on the merits of the case.

The presiding judge apparently adopted an “ends justifies the means” approach.

But that approach runs counter to the rule of law, rather than men philosophy that underpins our legal system.

The intermediate level appellate court rejected the trial judge’s ruling, but transferred the case to Missouri’s highest court. Quoting from another opinion, the Court stated:

Severance of the parent-child relationship by act of law is an exercise of awesome power and demands strict and literal compliance with the statutory authority from which it is derived.

Read the opinion in In the Interest of: C.W. at the Missouri courts website.

Parental alienation syndrome.

There is a surprisingly, even alarmingly, wide and sharp divergence of opinion about the validity of this so-called syndrome, one which is not presently recognized by any reputable national association of psychiatrists or psychologists.

Yet it has become an almost-trendy catchphrase, increasingly bandied about in child custody cases.

Sometimes, virtually determining the outcome of such cases.

Too often, brandished all too successfully by none other than … abusers of children.

Sometimes, all but stripping the non-abusive, protective parent of any contact with the children – or restricting the the non-abusive, protective parent to supervised contact.

In other words, sentencing the children to almost continuous control and abuse by the falsely accusing parent. And punishing the non-abusive parent for trying to protect the children.

Usually based on uncorroborated allegations.

Read more about this disturbing development in Junk science or truth? ‘Parental alienation syndrome’ increasingly cited in child custody fights.