Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boynton Beach

Brazilian Wife and New Jersey Husband have a Son in US and raise him in US for four years.

Then Wife takes Son to Brazil for a visit.

And doesn’t return.

Wife remarries in Brazil – without ever divorcing Husband.

More recently, Wife dies while still in Brazil.

Now Son is with his Stepfather.

And Stepfather is refusing to comply with court orders granting Husband access to Son.

It’s been four years since Husband has seen his Son.

Brazil is a party to the Hague Convention on the Civil Aspects of International Child Abduction.

Yet, even though Brazilian officials acknowledge that Husband has legal custody of Son, in fact, Husband can’t even see Son.

The State Department has reportedly expressed the opinion that Brazil frequently does not comply with the Hague Convention, despite being a party to it – and favors Brazilians and mothers in custody battles.

Read more in this ABC 7 Eyewitness News article: Dad’s Brazilian custody battle intensifies.

Florida reportedly has the sad and disgraceful distinction of having the highest rate of child abuse of any state in the nation.

Twice the national average.

While Palm Beach County is allegedly not as bad as the rest of the state, that seems little cause for cheer.

Palm Beach County’s kids alone racked up $17 million in emergency room trips.

This should be sobering for those with family court cases involving children in this state.

Will 2009 see improvement?

Read more in this CBS TV 12 news article: Child Abuse Rate in Florida is Highest in Nation.

Parents separate.

Father is required to pay child support.

Court order is entered garnishing child support from Father’s wages from arms-length, third-party employer.

Father’s pay stubs reflect deduction of child support from Father’s pay before he receives it.

Yet Mother never receives child support.

How is that?

Well, there may be several possible explanations, of course.

But in at least some cases, it is possible that an employer fails to forward the garnished funds to the child support collection agency. Intentionally or otherwise.

One Wisconsin employer who is alleged to have engaged in a course of retaining wages ordered garnished for child support has been charged with contempt. And a bench warrant has been issued for his arrest.

Unfortunately, the parent whose wages have been garnished suffers a double “whammy” in such a situation.

First, they don’t get all of their wages.

Second, they don’t get credited for the child support garnished from their wages but not forwarded to the other parent.

Needless to say, income deduction should be terminated promptly in such a lose-lose scenario.

And the paying parent should probably look for a different job …

Read more in this Milwaukee Journal Sentinel article: Child support paid, not received.

Washington State teen Mother and Baby live with Baby’s Grandparents.

Grandparents care for Baby.

Then Mother moves out with Baby.

Baby loses significant weight, and doctor reports neglect to Child Protective Services.

Baby is placed with Grandparents.

Baby improves.

Then Mother and Baby are placed in “transitional housing”.

Mother gets evicted.

Grandparents complain to child welfare and their senator over the handling of the case.

Now Baby gets placed in foster care, instead of back with Grandparents.

Apparently child welfare agents changed their collective minds about Grandparents.

Their documentation finds fault with Grandparents undermining Mother’s parenting – by giving Baby a pacifier over Mother’s protests.

There are many unfavorable conclusions disproved by child welfare’s own documentation.

Under Washington State law, relatives are favored for placement over foster care.

Agency officials report that child welfare professionals don’t always follow the law.

Grandparents are even denied visitation for extended time based upon an alleged court order that doesn’t exist.

Now child welfare is pushing for the Baby to be adopted by her foster mother.

But the case will be back before a judge before long.

Read more in this [Washington State] NWCN TV news article – Investigators: Grandparents passed over in favor of foster care.

Idaho Mother has custody of her Son. Father lives in Idaho too.

According to Father, Mother has passports for herself and Son, copies of their birth certificates and the proceeds of the sale of a home she owned in Nevada.

And now, about six months after their divorce, for reasons unknown, Mother is suspected to have fled with Son to Mexico, after she failed to drop Son off to Father for visitation on November 30th as scheduled following a trip described as being to California.

But neither Father nor authorities are at all certain where Mother and Son are.

Father brought in the FBI, and Mother is being sought on kidnapping charges.

International abductions from Idaho are reportedly not common.

Mexico is a party to the Hague Convention on the Civil Aspects of International Child Abduction, so it’s not the worst place for Mother and Son to be for purposes of securing their return.

But until they are located, it’s difficult to work on their return.

Father says he worries how the kidnapping and separation will affect Son emotionally and psychologically.

Read more in this [Boise, ID] KTVB-TV 7 article: Kidnapped boy believed to be in Mexico with his mom.

After a divorce, parents typically divvy up the holidays with the kids on an alternating basis from year to year.

But some divorced families manage to all share the holidays together, with big family gatherings including not only exes but ex-inlaws.

While it is undoubtedly challenging to holiday with such a crowd, it does require less advance negotiation, spurs less advance arguing (and court battling) and does give both parents more holiday time with the kids – and the kids more holiday time with both parents.

Of course, this is not appropriate or safe for all divorced families.

But for the parents who can pull it off safely and civilly, it’s a pretty nice outcome for the children.

Read more in this Chicago Tribune article: Some divorced parents celebrate Christmas as a family.

For some, this holiday season is not so happy.

Domestic violence and domestic abuse typically spike at this time of year.

Days off lead to more togetherness, breeding more tension.

Greater consumption of alcohol during the season doesn’t help either.

And the current weak economy and high unemployment only seem to be intensifying that phenomenon.

In fact, a poor economy can more than triple the incidence of domestic violence.

And things are not expected to improve any time soon …

Read more in this Atlanta Fox 5 TV article: Domestic Abuse Shelters See Increase in Calls and this Fond du Lac [WI] Reporter article: As economy worsens, violence increases.

Couple divorce. Ex-Husband gets custody of their little Girl.

Ex-Wife has Girl for visitation. Ex-Wife fails to return Girl as scheduled.

Ex-Husband calls police.

Ex-Husband reports that Ex-Wife has not shown up at her job for three weeks.

Ex-Husband also reports that he believes Ex-Wife is “off her meds”.

Police arrest Ex-Wife with Girl and charge her with felony custodial interference.

Judge releases Ex-Wife on bond and orders Ex-Wife to have no contact with Girl and to stay within the state.

If convicted, Ex-Wife could be incarcerated for over 12 years and fined $25,000.

Read more in this Fond du Lac [WI] Reporter article: Horicon woman accused of abducting daughter makes court appearance.

Couple divorce.

Under settlement agreement, Husband pays alimony to Wife until Wife remarries or cohabitates with someone for over three months.

Wife is sentenced to prison for DUI.

Wife has female cellmate.

Husband pursues termination of alimony based on Wife’s “cohabitation” with her cellmate.

The trial court rejects Husband’s claim.

Husband appeals.

Intermediate appellate court reverses, holding that Wife is “cohabitating” with her cellmate within the meaning of their settlement agreement. Alimony terminates.

The ruling appears to be based solely on the literal meaning of the language of the settlement contract.

The ruling does not appear to interpret or be founded in any way upon the supportive relationship statute which permits modification or termination of alimony when the recipient cohabitates with another in a “supportive relationship”.

Read more in this Palm Beach Post article: Ex-wife’s alimony cut off because she has cellmate.

Arkansas man (Father) and woman (Mother) obtain marriage license and have a church wedding. For whatever the reason, the minister doesn’t sign the license and it is not filed with the county.

Mother and Father have Baby. Mother and Father break up eight years after wedding.

Mother files action to establish paternity of Baby.

Father ignores paternity case. Court rules that Father is the father of Baby and orders visitation and child support.

A few months later, the Mother marries another man, without obtaining a divorce from the Father of Baby.

Mother and her new Husband pursue stepparent adoption of Baby by Husband.

Father challenges adoption.

The trial court denies Father’s challenge, concluding that Father and Mother were never legally married because the marriage license was not filed and that Father had abandoned Baby by not paying support.

The intermediate appellate court reversed the adoption, finding that Father and Mother had been legally married, despite the licensing deficiency.

The Arkansas Supreme Court held that the default trial court judgment ruling that Mother and Father had never been married was binding, as well as the ruling determining that Father is the Father of Baby. The stepparent adoption was upheld.

Other states have come out differently on this issue.

Read more in this Arkansas News article: High court reverses ruling that ceremony, not license, validates marriage.

Little Girl in foster care in Florida is adopted.

Baby Boy is placed into foster care with different foster parents and they want to adopt him.

Boy and Girl are biological brother and sister.

State policy is to try to keep biological siblings in foster care together.

Biological mother is pregnant again.

Girl’s adoptive family wants to take Boy (and the unborn child) too to keep family together.

Department of Children and Families, belatedly trying to fix things, sets up visitation between Boy and Girl.

Boy’s guardian ad litem (lay advocate) blocks the visitation, for reasons that are not entirely clear.

A judge will decide who gets to adopt Boy.

Read more in this WFTV 27 article: Family Says DCF Mistake Keeping Siblings Apart.

Australian Wife and Indian Husband have a Son together. They divorce.

Ex-Husband plans to take couple’s Son to India for a visit. Ex-Wife’s mother plans to accompany Son and Ex-Husband on trip.

Shortly after arriving in Mumbai, Ex-Husband takes Son out and Ex-Wife’s mother is served in an Indian child custody action.

Ex-Wife has only been able to speak to Son once since that incident.

To make matters worse, this all happens when Mumbai is under terrorist attack and foreigners are asked to leave by the government. Son is an Australian citizen.

The Australian government is trying to assist Ex-Wife in returning Son to Australia.

But India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.

Read more in this Sydney Morning Herald article: A mother’s worst nightmare.

Ex-husband physician pays unemployed sixty-five year old woman almost three thousand dollars per month in alimony under court order.

Ex-husband repeatedly files motions to reduce his alimony obligation.

NJ rules require that alimony recipient file a response to other party’s motion to reduce alimony.

Upon receipt of latest such motion, ex-wife’s attorney requests additional time due to a “serious medical condition” afflicting him.

Ex-wife fails to file response to ex-husband’s motion to reduce alimony.

Court apparently denies ex-wife’s request for more time, but ex-wife’s law firm doesn’t realize that.

Court does not permit ex-wife’s law firm to defend against ex-husband’s motion because no response was filed … to this seventh incarnation of ex-husband’s motion.

Accordingly, court grants ex-husband’s motion to reduce alimony.

Court slashes alimony payment to $400 per month.

Court denies ex-wife’s motion to reconsider its ruling.

Appellate court reverses and rules that ex-wife must be given opportunity to defend the motion, because the ex-wife should not be punished for her attorney’s error.

Read more in this South Jersey News article: Bridgeton alimony reduction overturned by state appeals court.

Under Missouri (and many other states’) law, a school principal must report suspected abuse of a child.

Student complains to Missouri principal of sexual abuse allegedly perpetrated on her by a teacher.

Principal undertakes investigation of facts prior to reporting abuse, allegedly based on past incidents calling student’s credibility into question.

Aging principal loses his job and is criminally convicted because he delayed making his mandatory abuse report during his investigation.

Bottom line: mandatory reporting laws are to protect children, not possible abusers.

It is not for those mandatory reporters who have reason to suspect possible abuse to determine whether a possible abuser is actually guilty.

The mandatory reporters’ obligation is to report – and leave it to the investigating and legal experts (child welfare agencies and prosecutors) to investigate and, if appropriate, pursue legal cases.

Read more in this St. Louis Post-Dispatch article: Principal is not judge or jury, just the reporter and this St. Louis Post-Dispatch article: Failure to report sex abuse charge ends St. Louis principal’s career.

South Carolina Father has visitation with his Children. The parenting order clearly states that Father is required to exercise his visitation within the state of South Carolina (in fact, within the county).

So what does Father do?

Father takes Children to Alabama to visit with relatives – and fails to return Children when ordered to do so.

The consequence?

Alabama law enforcement officers arrest Father on two counts of traveling out of state with a child in violation of a child custody order. And the Children are taken into child protective custody in Alabama.

Father is transferred to jail in South Carolina.

The violated custody and visitation order isn’t even three months old.

Father is off to a good start.

Read more in this SC Now article: Florence man arrested in child custody case.

Unmarried Japanese citizen and foreign national conceive and have Baby in Japan.

Is the Baby a Japanese citizen?

Until recently, the answer would be no – unless the Japanese father acknowledges the Baby before its birth – or the father marries the mother before the Baby’s twentieth birthday.

But under a new Japanese law, if the Japanese father recognizes the Baby even after its birth, the Baby may apply for Japanese citizenship until just before its twentieth birthday.

Those most impacted?

The children of Filipino women who have relocated to Japan to get work.

The Japanese remain concerned about the possibility of paternity fraud.

The children of Japanese women with foreign men have fared better, even without a special statute. They have been allowed citizenship since 1985.

Read more in this Reuters UK article: Japan opens nationality to kids born out of wedlock.

Romanian Father and Norwegian Mother marry and have Child together in Norway.

Couple divorce and Mother is awarded primary residential custody of Child. Father doesn’t think she is up to the job though.

So Father allegedly abducts Child to Romania.

Then Mother goes to Romania, gets Child and allegedly brings Child back to Norway. All unbeknownst to Father.

Now Father is in jail in Norway and awaiting trial for the abduction he allegedly perpetrated.

And Mother has just been arrested in Norway for the abduction she allegedly perpetrated.

And since both of the Child’s parents are in trouble with the law, the Child is in child protective custody.

Read more in this [Norway] Aftenbladet article: Child’s father accused of abduction.

Elderly man (Husband) shoots rifle off in yard of a Home.

Police officers arrive.

Officers tell Husband to cease firing his gun.

Officers leave Husband to enter the Home with the rifle.

Later, Wife returns to the Home.

Husband fires the rifle at Wife, twice, but misses her both times.

Husband is arrested on charges of attempted murder.

It turns out that Wife has an Order of Protection against Husband.

In fact, there is a lengthy history of domestic violence between the couple.

Under the Order of Protection, Husband is likely prohibited from being anywhere near the Home – and from possessing a gun.

Yet the police permitted Husband to enter the Home, with the weapon.

Law enforcement spokespersons, however, refused to characterize the officers as negligent.

One has to wonder: what would that have taken?

Read more in this [Hudson Valley, New York] Times Herald-Record article: 2 Mount Hope police officers under investigation.

Texas had a higher rate of teen pregnancy than the national average. And unmarried fathers often weren’t involved with their kids.

In an effort to remedy both problems, Texas added Parenting and Paternity Awareness to its high school curriculum this year.

In the class, kids learn how to calculate Texas child support and to anticipate the cost of raising children.

They also cover some basic family law legal terminology. And the father’s role in parenting.

Will it reduce teen pregnancy? And increase teen responsibility for out of wedlock babies?

Only time will tell …

Read more in this San Antonio News article: Teens learn what it means to have a child.

Sweden just may win the prize. In at least one Swedish case, establishing paternity takes 14 years … and counting.

In Sweden, an unmarried mother is supposed to report her out-of-wedlock child’s birth to a social welfare administrative board (Board), so that it can determine the child’s father and implement child support.

The process of establishing paternity in Sweden is supposed to be completed within one year after the mother’s report.

But in this particular case, the father still has not been determined 14 years after the mother’s report.

As a result, the Board is now under review (and attack).

The Board’s defenses are that the father has been hard to get a hold off – and the mother has moved around a bit.

The more likely culprit may be that it appears that the case was mistakenly “archived” during a restructuring of storage of government records.

In the same area of Sweden, however, there are fourteen other open cases that have not been resolved within a year.

By comparison, Florida courts look positively speedy. Our typical paternity case is concluded in well under 14 years.

Read more in this Sweden’s Local article: Paternity test takes 14 years.

A 70 year old Hawaiian Grandmother is raising her teenaged and preteenaged adopted grandson, and her grandniece and grandnephews, of whom she is legal guardian. Because their parents are unable to do the job.

Making matters worse, this Grandmother recently suffered a stroke that left her dependent on a wheelchair to get around.

She manages to care for the kids, with her 18 year old grandson’s help.

But she worries about child protective services removing the children if she can’t take care of them.

She gets by with public assistance, but would welcome additional assistance, especially for a larger vehicle to accommodate her wheelchair.

Legal Aid of Hawaii offers grandparent seminars on child protective services, adoption and guardianship, complete with free resource kits.

Read more in these Honolulu Advertiser articles: Grandmother needs help with 4 kids she’s raising and Seminars set for grandparents raising grandkids.

South African Husband doesn’t want divorce.

Wife does, and requests that Husband leave the marital home.

Husband tires to press adult daughter to talk Wife out of divorce – or into waiting.

Husband finally agrees to divorce.

Husband has gun in pocket during final conversation with Wife.

Wife tries to disarm Husband.

Wife is shot and killed.

Police interrogate Husband.

Husband’s “defense” appears to be that Wife only wanted a divorce because “it was that time of the month”, and she would have come to her senses in time.

Read more in this South African Independent Newspaper article: Murder accused believed wife wanted divorce.

Israeli Husband and American Wife marry. Husband and Wife have two Daughters together and live in US.

Husband and Wife divorce. Husband and Wife have shared parenting but Husband is the primary residential parent and Wife has visitation.

Husband absconds with Daughters to Israel – allegedly to evade a criminal trial in the US on charges of drug possession.

Wife sought an emergency modification of custody in the US and was successful in obtaining a modified award of sole custody of the Daughters.

Wife then filed an application for return of Daughters to the US in accordance with the Hague Convention on the Civil Aspects of International Child Abduction.

Husband’s response was that returning Daughters to Wife would put them at grave risk because of Wife’s abuse of drugs and alcohol and history of neglect of Daughters.

Husband further stated that Daughters preferred to live with Husband in Israel because they had more stability with him.

The presiding Israeli family court judge appointed a therapist to evaluate Daughters and met with Daughters himself.

The therapist concluded that Daughters would not be at risk with Wife in the US. The judge felt that Daughters had been brainwashed by Husband.

Accordingly, the Israeli Court ordered the return of Daughters to the US.

Read more in this Israel News article: Israeli who abducted daughters from US to return them home.

Florida Father’s parental rights to Son are terminated, without his knowledge.

Because Father’s name is common, DCF doesn’t try very hard to find him and notify him, which is required by law.

The only notification that the Department of Children and Families (DCF) gives him is through a notice published in the legal classifieds section of the newspaper.

Son goes into foster care, along with his half-sister.

Father brings claim against DCF for wrongfully “restraining” Son in foster care, where he is abused by his foster parents. Father loses.

Father appeals. Father also loses appeal, for lack of reversible error, because there is no “abuse of discretion”.

But appeals court nonetheless takes DCF to task for not trying harder to locate Father before terminating his parental rights and comments that “[d]ue process of law should never be disregarded” and that parental rights are constitutionally protected.

Eventually, Son’s foster parents are convicted of aggravated child abuse of Son and his half-sister.

Now Son sues DCF for the abuse he suffered because of DCF’s negligence.

And Father also sues DCF, alleging that the agency violated his civil rights. Father’s case largely rests on the appellate court ruling in his previous case.

Read more in this Tampa Tribune: Hernando Today article – Father Follows Son In Suing DCF.

Mother and two Children all live in North Dakota, as does Father.

Mother has custody and Father has visitation.

Mother is found in contempt of court for denying Father access to Children.

Mother absconds with Children to Indian reservation in South Dakota – and fails to appear at modification of custody hearing in North Dakota.

North Dakota Court awards custody of Children to Father.

Mother appeals North Dakota modification of custody.

North Dakota Supreme Court dismisses Mother’s appeal under the “fugitive dismissal rule”.

It is generally not helpful to one’s cause to simply not show up for a trial. Nor to abscond with children in an attempt to circumvent an existing court order or an anticipated court order.

Read more in this [Bismarck, ND] KFYR-TV 5 article: ND Supreme Court Bars Appeal in Child Custody Case.

Father of Milwaukee children allegedly doesn’t pay child support for some time. Approximately $128,000 worth of child support.

Father goes to jail. For a time.

Then Father gets released on probation. One of the conditions of his probation is … that he pay his support … or go back to jail.

After Father is released, he allegedly stops paying child support again. But he doesn’t go back to jail.

Because the government can’t find him. But reporters find him, in Illinois, at the same address he has had for years.

Based on the reporters’ tip, law enforcement arrests Father again. Father now reportedly owes $200,000 in child support arrearages.

There is no indication that Father is unable to pay child support. But, apparently, he doesn’t want to.

Father may return to jail … again … and, perhaps, again.

Read more in this TMJ TV 4 Milwaukee news article: I-Team: Deadbeat Dad James Bartley.

Upstate New York Man gets order of protection against former girlfriend (Woman).

But, as is too often the case, it allegedly does not deter Woman.

Woman maneuvers Man into a bathroom and threatens him.

Woman is arrested for criminal contempt of an order of protection and a civil violation of harassment.

Woman is jailed for lack of bond.

Moral: Women have orders of protection entered against them too. Women violate orders of protection against them too.

Read more in this Glen Falls [NY] Post Star article: Woman charged with violating protective order.