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

Mexican Mother and Father live in the US for a number of years before Father is deported.

Their daughter (Daughter) is born in Mexico in 1996.

When Mother and Father separate in 2001, Mother returns to the US. Mother alleges that Father committed domestic violence.

Father contends that Mother wrongfully kept Daughter in the US beyond her agreed few months’ stay in 2002.

Although they have both been here for years now, technically, neither Mother nor Daughter are in this country legally.

Over four years after Mother allegedly wrongfully retained Daughter in the US, Father applies for return of Daughter to Mexico under the Hague Convention on the Civil Aspects of International Child Abduction. It is not clear why Father waited so long to act.

A federal trial court holds that Daughter should be returned to Father in Mexico for a custody determination there.

On appeal, the intermediate level appellate court reverses, based on an exception in the Hague Convention where, due to the lengthy passage of time, the child in question has become well settled in his or her new location, so that return would only cause the child further distress.

By all accounts, Daughter is well-adjusted and doing well in the US.

Some disagree with the appellate court’s ruling because none of the family is a US citizen or legal resident.

As with all decisions under the Hague Convention on the Civil Aspects of International Child Abduction, this ruling is a not a determination of custody, or in which country Daughter will ultimately live. It just decides which country has jurisdiction to determine custody, and where the child will remain until custody is determined.

It is likely that the appellate Court was heavily influenced by Daughter’s protracted stay in this country before Father ever chose to file an application for her return. There is nothing to suggest that Father’s delay resulted from ignorance of where Daughter was abducted to.

Read more in

• this LA Times article: Huntington Beach girl can stay in U.S. during custody dispute
• this Fort Mill [SC] Times article: Mexican girl can stay in US during custody battle and
• this Orange County Register article: Mexican girl living in Surf City allowed to stay

A divorced Canadian man (”Father”) could apparently write the book on irritating the judge presiding over his case.

Father and his former wife (”Mother”) have a 5 year old child together (”Daughter”).

Mother took Father to court to increase Father’s child support payments.

Father, apparently, bitterly attacked Mother in court for trying to transfer his wealth to her, completely ignoring, reportedly even denying the fact that child support is for Daughter.

In 2005, when the original child support award was apparently calculated, Father earned less than Canadian $83,000 per year.

In 2006, Father’s income catapulted to Canadian $3.5 million.

In 2008, Father’s income soared to Canadian $6.5 million.

The Canadian Court evidently viewed the exponential change in Father’s income as justifying a change in child support for Daughter, despite Father’s objections.

In fact, the Court ordered temporary monthly child support of $31,000.

That is said to have broken the record for the greatest temporary child support award in Canada.

Read more in this Edmonton [Canada] Sun article: Millionaire must pay hefty child support.

Maine Husband and Wife are engaged in child custody battle.

Wife accuses Husband of raping and sodomizing her, charged as multiple counts of gross sexual assault.

Defense counsel wants to introduce the custody dispute into evidence as a motive for Wife to falsely accuse Husband of sexually assaulting her. The defense also wants to introduce evidence that Husband sought an order of protection against Wife.

The trial court excludes any such evidence by the defense.

At the same time, the prosecution reportedly repeatedly denies the existence of a custody dispute to the jury.

Husband is convicted of some but not all of the charged counts of gross sexual assault, a felony punishable by up to thirty years’ confinement.

Husband moves for a new trial, contending that his trial was unfair and that he was denied due process for the above and additional reasons.

The Husband is granted a new trial.

The prosecution is contemplating appealing that ruling.

Read more in this Ellsworth [ME] American article: New Trial for Man Convicted Of Wife Rape.

Interestingly, comments posted by members of this small town, local community uniformly suggest that the article contains inaccuracies and bias in favor of Husband.

An 18 year New Zealand relationship has come to an end.

Leaving in its wake four frozen embryos produced as a result of fertility treatments.

The Woman wants the embryos to be born, either to her or to another woman.

The Man is apparently opposed.

Although no further legal action regarding the embryos is planned, the Woman is attempting to try the dispute over the embryos in the media.

Read more in this New Zealand TVNZ article: Child custody battle involving embryos and this New Zealand Herald article: Separated couple row over frozen embryos.

In more than sixty percent of the child custody cases in Staten Island, a borough of New York City, the noncustodial parent does not pay their court-ordered child support. Sixty percent.

In many of these cases, the custodial parent and children are pushed into poverty and draw on public assistance and services.

But the City is now beginning to crack down on deadbeat parents by

1. garnishing wages
2. suspending driver’s licenses and business and professional licenses
3. blocking passports and
4. seizing lottery winnings, unrelated court settlements, and other accounts and assets, as well as tax refunds

Some of these enforcement measures can be implemented administratively by the Office of Child Support Enforcement without further court orders, after the initial support order.

As a result, last year, the state collected $1.7 billion in child support, a 6.4% increase over the previous year.

Read more in this Staten Island Advance article: Epidemic of child support deadbeats.

North Carolina Husband and Wife have three preteen Children.

In 2005, Wife begins homeschooling Children.

Children reportedly enjoy homeschooling and perform two years above their respective grades in standardized tests.

If it ain’t broke … ?

Well, Husband and Wife are in the midst of a divorce.

Husband does not not dispute that Children are “thriving” with homeschooling.

And there is no suggestion that Husband is motivated by alimony avoidance.

Instead, Husband contends that Wife belongs to a “cult” that encourages homeschooling, with a religious slant to the curriculum, including science.

Wife does not dispute the religious component of her curriculum, but insists that the Children are doing very well, better than they did in public school.

She also suggests that she is being persecuted for her religious beliefs.

The North Carolina Court has ordered the Children back to public school on a temporary basis.

The Court justifies its ruling by indicating that the Husband is entitled to influence the Children’s education and religious training as well as the Wife.

There is also an indication that the Court cites as a benefit of public school that the Children will be exposed to other beliefs and have the beliefs Wife taught them “challenged” by others in public school.

Four percent of North Carolina’s school children through 16 years of age are homeschooled.

The case illustrates the complex issues presented when parents’ religious beliefs and educational values differ dramatically.

Read more in

• this WRAL TV 5 article: Wake judge orders home schoolers into public classrooms
• this Raleigh News & Observer article: Judge sets deadline in home schooling dispute and
• this Fox News article: Divorce Judge Orders Religious Woman’s Kids Sent Back to Public School

A bill pending in the Texas legislature would, if passed, mandate that divorcing couples with children, who are pursuing a “no fault divorce”, take a 10 hour class in the nature of marriage counseling.

The class might cost as much as $200 per hour.

That’s $2,000 just to take the divorce class.

The legislative intent behind the bill is to “save a few marriages”.

The pending Texas legislation exempts victims of abuse documented by an order of protection or a police report.

But everyone else would have to take the class in order to obtain a divorce if the bill passes.

Sort of like giving no fault divorce with one hand, and taking it away from those who can’t afford the divorce class with the other hand …

But pretty profitable for government-approved providers.

Read more in this [Dallas/Ft. Worth] WFAA TV 8 news article: Bill proposes ‘divorce classes’.

Husband and Wife are in second marriage (two years) for each.

Husband has children with his Ex.

Wife and Ex don’t get along.

To put it mildly.

Ex, and Husband’s two children with her, all have separate orders of protection against Wife.

Based on approximately 20 allegedly abusive phone calls.

According to Ex, police have warned Wife to “stop” making such calls.

Ex is reportedly set to testify against Wife in a custody modification hearing regarding her children with her ex-husband.

Wife allegedly has some fifteen orders of protection entered against her since 2002, not all from Ex. Another is in process.

Investigating neighbors recently found Husband and Wife dead in their home.

Read more in this St. Louis [MO] Post-Dispatch article: Two found dead in home near St. Peters.

Mother and Father have two year old baby Daughter.

Father allegedly takes Daughter out for a walk.

And disappears.

Again.

Father is reportedly caught … in Mexico, thanks to a phone call.

Daughter is back with Mother and her fiance in Kentucky.

Father will be extradited there on charges of interference with child custody.

Mother plans to seek sole custody of Daughter, with supervision of Father’s visitation.

Mother acknowledges Father’s importance to Daughter, but hopes he seeks psychological help.

Read more in this [Laredo, TX] KGNS Pro 8 TV News article: Pro 8 News Exclusive: Mother of kidnapped girl speaks out to our Joey Horta.

Portland, Oregon is the “unhappiest city in America”. In case you are wondering.

So opines BusinessWeek magazine. Based on numerous statistics.

For example, of the fifty largest metropolitan areas in the nation, Portland ranks fourth in divorces.

Portland also ranks first in depression and twelfth in suicides.

Portand’s crisis prevention hotline reports that calls are up 71% from about a year ago.

The weak economy is likely a factor. But 222 cloudy days in a year probably doesn’t help.

Louisville ranks first in divorces, but it doesn’t score in the top ten most unhappy cities anyway.

So how much of a factor in “city happiness” is number of divorces?

Hard to say.

The second unhappiest city, St. Louis, MO ranks 18th in divorces.

And the third unhappiest city, New Orleans, ranks 26th in divorces.

Not much of a correlation at all …

Now, what about the “happiness statistics” on victims of domestic violence and couples who stay together, miserably?

Read more in this [Seattle] KIRO TV 7 article: Portland Named Unhappiest City In America.

The concept of “fault” has become nearly obsolete in divorce law throughout the United States.

But one state, Arizona, may be resurrecting it, at least to a degree, after a thirty year hiatus.

A bill may allow fault to be proven and weighed in property division, alimony and even child support.

Fault could include anything from domestic violence to blowing the family savings on gambling – or an affair.

Fault might even include seeking the divorce.

But fault would not be required as a ground for divorce.

Such changes would actually bring Arizona in line with some other states’ versions of no-fault divorce law, including, to a large extent, Florida’s.

Read more in this Arizona Daily Star article: Ariz. may get adultery and other ‘misconduct’ back in divorce court.

Woman has 4 year old child.

Woman’s body is found on roof of her apartment building.

Woman’s body’s arms and legs are chopped off.

Woman’s throat is slashed.

Woman’s body is burned.

Suspect is arrested in her murder … her Boyfriend.

Boyfriend allegedly violated an order of protection.

Boyfriend was previously arrested for assaulting Woman.

And possession of weapons. Among other charges.

Domestic violence is still alive and well …

Sadly, Woman, a mother, is not.

Read more in this Daily News article: Boyfriend charged in murder of mutilated girlfriend.

Florida Mother is killed in an accident caused by a drunk driver. Five year old Daughter is seriously injured in the same accident.

Grandmother has been caring for Daughter since the September 2008 accident, but Father, who had been living in Texas, has had temporary shared legal custody.

Father now lives in Florida.

Father is allegedly arrested for drunk driving himself … hours before an operation on Daughter, necessitated by the accident with Mother.

Father reportedly visited Daughter in the hospital the next day after he was freed by law enforcement.

Establishment of a permanent custody arrangement for Daughter has been postponed due to Father’s arrest.

The question in the media now is whether the DUI arrest affects his chances for winning shared or sole custody of his daughter.

There is no information as to other facts which may or may not tend to show whether Father is unfit to have custody.

Read more in this St. Petersburg Times article: DUI arrest may jeopardize father’s quest for custody of Summer Moll.

Mother and Father have two young children, the oldest autistic with special needs.

After the parents separate, the Father fails to return the children from a weekend visit.

Eight months ago. The divorce isn’t even final yet.

Father keeps changing attorneys or missing court, so Mother is unable to communicate amicably about their children.

Law enforcement authorities view the disappearance of the children as a family matter, for family court and, apparently, do little.

Until Father tries to cross the border to Canada with their kids. Twice. Unsuccessfully.

The first time Father doesn’t have required papers. The second time the customs agent follows a hunch.

At that point, a felony warrant is finally issued.

A good samaritan reports a man and two children walking in 20 degree weather in Pennsylvania … with no coats or jackets on.

That leads to Father’s arrest and the children are taken into protective custody.

Read more in this Salt Lake City Deseret News article: Mother’s 8-month ordeal ends with father’s arrest.

The issue of parents in the military suffering adverse rulings in family courts at home while they are away on deployment just doesn’t quit.

The latest state to enter the fray is South Carolina, with its pending Military Parent Equal Protection Act.

The proposed legislation is intended to stop permanent changes to custody orders or entry of permanent custody orders while or because a parent is deployed in the military.

The bill also requires the parent with physical custody to allow visitation during the military parent’s leaves from active duty.

Another change in the pending act is a prohibition of permanent changes to child support orders based on military pay.

The main theme is keeping any changes made to accommodate or otherwise because of military service by one parent as temporary changes.

Unfortunately, if passed, the legislation would likely make more work for family court judges and tend to clog their dockets.

Read more in this Beaufort [SC] Gazette article: Legislators: Military members on active duty shouldn’t have to fight custody battles.

Mother is sentenced to ten year prison term for robbery conviction.

Mother, believing she has no other option, reluctantly relinquishes her parental rights to her 4 year old Daughter.

Woman adopts Daughter. Woman allegedly abuses Daughter. More than once.

Now, Woman faces multiple charges of child neglect, aggravated kidnapping and assault.

The child welfare agency (DCS) has taken Daughter into protective custody and is seeking a permanent placement for Daughter.

And Mother, since released from prison, would like to get custody of Daughter restored to her.

DSC indicates that it will consider Mother’s request as well as Daughter’s wishes.

It is unclear whether Mother stands in any better position as any other applicant for custody.

Read more in this WTVF TV 5 news article: Mother Wants Custody Of Her Biological Daughter.

Husband and Wife of twenty-seven year marriage split up.

Each gets a lawyer.

Against Wife’s counsel’s advice, they enter a separation or postnuptial agreement.

The couple owns a home, a dairy farm, land and vehicles, among other things.

Wife apparently settles for substantially less (to the tune of $650,000) than she is “entitled to” under the law.

When she “wakes up”, Wife seeks to challenge the agreement. She argues that she was too upset after the breakup to have the proper mental capacity to make a good deal and also that her husband misrepresented the value of his assets.

The trial court sides with the Wife, holding the agreement unconscionable.

The intermediate appellate court reverses, upholding the agreement.

The Canadian Supreme Court reverses yet again, citing Husband’s failure to fully disclose the value of his assets and the Wife’s mental state at the time of making the agreement.

The high court cautions that its ruling is based on the specific facts of the particular case, clarifying that it will not lightly void freely entered settlement agreements.

This ruling tweaks a 2003 ruling in another case.

Husbands and wives owe each other a fiduciary duty under Florida law as well. Failure to make full and fair disclosure for purposes of a marital settlement can definitely return later to haunt a spouse in Florida too.

Read more in this CanWest News Service article: Court reinforces rule separation agreements can be rescinded.

Mother lives in Florida and Father lives in Ohio. Daughter is with Mother at time of events in question.

Father flies to Florida and allegedly physically collects Daughter and forces her into his car.

Father has a change of car waiting and uses second car to take Daughter to airport.

Father tries to board plane with Daughter when he is captured.

Father claims to have custody of Daughter, awarded to him by an Ohio court.

But Mother has an Order from a Florida court awarding her custody and staying the Ohio court’s order.

Conflicting custody orders from different states are typically avoided these days thanks to the Uniform Child Custody Jurisdiction and Enforcement Act, a body of laws widely adopted across the US to resolve which state has proper jurisdiction to decide custody of any particular child and mandating that other states remain hands-off.

Father is under arrest for interference with child custody.

Read more in this MS NBC article: Deputies: Ohio Dad Forces Daughter From Mom’s Tampa Home.

Immigrant Muslim Husband and Wife are divorcing.

Husband founded TV station with mission of portraying Muslims as peace-loving.

Husband reportedly became violent with Wife.

Wife obtains order of protection barring Husband from marital home.

Husband allegedly murders Wife … by beheading her … at the TV station.

Husband turns himself in to authorities.

Husband is charged with murder.

Husband was reportedly under stress because his business wasn’t doing well lately.

There has been some speculation as to whether the murder was a so-called “honor killing” under Islam.

Read more in this New York Post article: BUFFALO ‘BEHEADING’ and this Times of India article: Pak-American beheads wife, sparks debate about Sharia.

Lancaster County, Pennsylvania courts already have teams of professionals assigned to every child who is abandoned, abused or neglected. Lawyer, caseworker, judge, etc.

But there is one specialist missing that the County feels is needed.

In Pennsylvania, that specialist is a unique, trained volunteer called a Court Appointed Special Advocate (CASA).

A CASA concentrates on a relative handful of children and follows each assigned child closely. The CASA investigates in-depth and reports to the court as to what rulings he or she believes are in the child’s best interests.

One judge describes a CASA as “an extra pair of eyes and ears for the court”.

In Lancaster County, CASA volunteers stand ready to work. But like many volunteer chapters, they lack one thing – funding.

CASAs can also be appointed in family court cases.

In Florida, CASAs are called Guardians ad Litem.

Read more in this Lancaster [PA] New Era article: ‘An extra pair of eyes and ears’.

Separated, unmarried Russian couple owe debts.

Couple has, among other children, a one and one-half year old Son.

Couple has a history of “mistreating” their children.

Father needs to travel to obtain funds to help pay off debts.

To secure performance of Father’s promise to pay, Father deposits with creditor as collateral … Son.

Authorities forcibly rescue Son.

Couple may face action to terminate their parental rights to Son.

Son will go into child protective custody.

Read more in this Russia Today article: Father hands his baby son over for debts.

Pennsylvania Mother has primary physical custody of her three children.

Mother moves to another county for employment.

Mother claims she did not know that she wasn’t at liberty to move.

Court orders Mother to move back to original county – and modifies physical custody to shared.

A retired Pennsylvania judge suggests that the only problem here was that Mother just moved, without first seeking permission of the Court. Which might not have been difficult to obtain.

Technically, this type of relocation may constitute a kidnapping under the custody order.

Mother reportedly racked up substantial legal fees as a result of her relocation.

With unemployment at its height for many years, many custodial parents may be tempted to relocate for a better job, or any job.

But it may be imprudent – and costly, in more ways than one – to simply move.

It is always prudent to ask the court’s permission before relocating, no matter how good a reason there is for the relocation.

Read more in this [Pittsburgh] WPXI TV news article: Poor Economy Affecting Child Custody Cases.

In Texas, a lot of parents evidently can’t understand their court-ordered visitation.

Actually, that’s not just true in Texas.

Floridians also find errors – and omissions – in their visitation orders all the time, as well as totally incomprehensible provisions.

A lot of it stems from use of uniform forms, whose primary virtue is, well, uniformity.

Unfortunately, they often lack clarity and comprehensiveness, while containing contradictions and ambiguity.

So what’s a parent to do, if they each interpret the darn thing differently?

The State of Texas is trying to rise to that occasion.

The state’s Attorney General’s office and the Access to Justice Foundation are jointly offering free monthly legal clinics to help parents figure out their visitation orders.

The State also offers a visitation phone hotline manned by attorneys. The hotline serves 1,500 callers per month.

Another strategy for addressing this problem might be to have better model forms for visitation orders.

Read more in this Liberty [TX] Vindicator article: New OAG Service Helps Parents Address Visitation Concerns.

Hard times are pushing many into mental illness, reports an article in the Buffalo [NY] News.

The article talks about widespread stressors these days, such as: recession, the mortgage crisis, foreclosures, layoffs, business closings, credit crunch, gas prices and inflation, Ponzi schemes, devalued retirement savings, and snow and cold (well, at least that one doesn’t apply here in South Florida).

Of one couple’s three adult children, two are laid off and one is unemployed.

Anxiety is commonplace and – some people are slipping over the edge. Sometimes with killing sprees and suicides.

Experts recommend reaching out to others, trying to avoid the barrage of gloom and doom from media and others, and staying focused and anchored in the here and now.

The article barely mentions family law matters. Just one casual reference to a “recently divorced” man who was racking up debt after losing his job and was saddled with an alimony obligation on top of that.

But all of these stressors on individuals also affect their families and exes.

At best, they can inspire more frequent and heated arguments and disharmony into the family. At worst, they can incite domestic violence, child abuse, substance abuse, juvenile delinquency and more.

Read more in Hard times are pushing many into mental illness.