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

Husband and Wife divorce.

Twenty-five years later, Wife approaches retirement.

Far-off-in-the-future social security benefits are not typically addressed in divorces, and many people are confused about or ignorant of their eventual entitlement.

Wife lets it be known that she is contemplating seeking to collect social security benefits by claiming through Husband.

Husband opposes.

But Wife can do this, even all these years later, even though this was not spelled out in Wife’s and Husband’s divorce.

Under federal law, a spouse who was married for at least ten years to someone who earned social security benefits, may claim social security benefits based on their former spouse’s rights – provided the claiming spouse did not remarry.

The claiming spouse’s benefits do not diminish the benefits that will be paid to the earning spouse.

Read more in this Philadelphia Daily News finance column: Harry Gross: His ex-wife can benefit from his SS.

Father has custody of Daughter.

Father marries Stepmother.

Stepmother is only mother Daughter has known since she was three or younger.

Daughter is now 32.

Stepmother recently became ill.

Daughter decides to formalize what she feels.

Stepmother adopts Daughter.

Stepmother becomes Mother.

More than half of the states in the US permit an adult to be adopted.

Stepparent adoptions, in particular, are fairly common.

When the prospective stepchild adoptee is a minor, however, the consent of the other biological parent is typically required.

So, many such adoptions are deferred until the child becomes a legal adult, at which time consent of the other biological parent is no longer required.

Read more in this Beaumont [TX] Enterprise article: Adoption makes 31-year mother-daughter relationship official.

A 2 year old central Florida Child was slowly beaten to death … allegedly by her adoptive Mother.

The Department of Children and Families (DCF) believes that Mother must have been mentally ill, although never diagnosed.

Mother was arrested on first degree murder and child abuse and neglect.

DCF’s investigation into the Child’s death revealed that her maternal grandmother was aware of Mother’s sometimes abusive behavior toward Child but did nothing.

DCF concluded that Mother and her husband were a threat to any child in their custody.

Mother and her husband have five other adopted children under the age of eight.

The other children were placed in foster care.

So much for the preadoption home study …

Read more in this Ocala Star-Banner article: DCF report documents tot’s severe beating, troubled mom.

A disturbing case …

Pennsylvania man’s home is burned down … with him in it.

Neighbor-witness accuses seven year old Boy.

Police interrogate Boy – and eventually secure confession.

But Boy is too young to prosecute under Pennsylvania law.

So child welfare agency (Agency) wins custody of the Boy on an emergency basis … reportedly without any allegations of abuse or neglect.

The Agency commits Boy to a residential juvenile treatment center.

Boy is moved from facility to facility over time.

Five years later, Boy is in a facility in Texas.

Prior to Agency’s involvement, Boy was diagnosed with ADHD and bipolar disorder. Nothing else.

Agency has not acted to terminate Mother’s parental rights in all this time, but neither has Mother enjoyed normal parental rights and access to Boy.

The Agency’s on-paper goal remains reunification, although Mother has been able to see Boy only once since his confinement due to the distance involved.

Agency has the power to confine Boy until he is 21 years old.

Mother and Grandmother are attempting to have Boy evaluated by an independent psychologist, in the hopes that it will cast doubt on the Agency’s assessment of Boy and lead to his freedom and return home.

Read more in this [Wilkes-Barre, PA] Times Leader article: Juvenile arsonist or victim?

Very commonly, child support is paid to a state agency acting as intermediary between the noncustodial parent and the custodial parent.

This system serves as a buffer between parents and generally works well.

But it is not without its flaws.

An employee of a private company under contract to collect child support for the state has been indicted for identity theft.

The job furnished access to sensitive personal information of many people.

The employee allegedly sold the personal information of about 1,000 of those people, such as social security numbers and bank account numbers, to an undercover law enforcement officer.

The transactions reportedly date back to October 2008.

Read more in this Denver CBS TV 4 article: Child support employee accused of ID theft.

Numerous illegal immigrants work in a food processing company in Missouri.

Immigration authorities conduct a raid there.

136 illegal immigrants are taken into custody.

One Mother is sentenced to jail, with deportation likely to follow.

American couple seeks to adopt Mother’s Baby.

Missouri Court terminates Mother’s parental rights to Baby based on abandonment of Baby.

The Court finds that Mother hasn’t contributed to the Baby’s support or tried to visit with Baby … while in jail.

Although Mother may have received two letters from the Court and the adoptive parents’ attorney, Mother doesn’t read English and does not have an attorney for her custody claim.

Mother has not known where Baby is.

Every time Mother has gone to Court, Mother has tried to find out about Baby.

Terminations of parental rights of mothers like Mother are occurring with increasing frequency, with babies like Baby being adopted by Americans.

Read more in this New York Times article: After Losing Freedom, Some Immigrants Face Loss of Custody of Their Children.

Canadian Mother allegedly alienates Children from Father, her ex-husband.

Ontario Superior Court then enters a “series” of orders intended to repair the relationship between Father and Children.

Mother does not comply with Court’s orders.

Court holds Mother in contempt and concludes that Mother’s conduct constitutes “emotional abuse” of Children.

The Court modifies custody of Children so that Father has sole custody of Children … and Mother is prohibited from having any contact with Children.

Court orders intensive therapy for Children to combat parental alienation syndrome.

Court imposes fine on Mother of $35,000.

Father’s attorney commends the punishment as clarifying that court orders must be “taken seriously” or violators will suffer the consequences of their actions.

Read more in this Guelph [Ontario, Canada] Mercury article: Toronto mother, 42, fined more than $35,000 in messy domestic dispute.

Mother is late for court.

Mother asks for visitation with her Daughter.

Judge denies her request for visitation.

And lectures Mother about being on time for court.

Hearing is rescheduled.

Mother is accused of burning the word “wimp” into the flesh of Daughter’s neck.

Mother is charged with twenty counts of child abuse and malicious wounding.

Daughter is in child protective custody.

Mother is out on bail.

Read more in this [Wheeling, WV] WTRF TV 7 news article: “Wimp” Burn Suspect Denied Visitation with Daughter, Late for Court.

Husband and Wife divorce.

Husband and Wife have six, count ‘em, six dogs.

Husband and Wife cannot bear to split dogs up.

Each is more attached to the dogs than to each other.

Husband and Wife – and, of course, the dogs – continue to share a New York City apartment … and a bed.

For eight years.

Then Wife finally can’t stand it and tells Husband he must leave.

Not without three of the dogs, he says.

And off he, and three of the dogs, go.

Strange as this situation sounds, there are other people who continue to co-exist in the same residence, months and even years after their divorce.

For less reason than shared unwillingness to separate pets.

Until one of them just can’t stand it anymore.

And then it’s back to court to force the other person out of the residence.

Read more in this New York Post editorial: I LIVED WITH EX FOR SAKE OF OUR PETS.

A Michigan man is behind on his child support obligations.

$530,000.

He hasn’t made any payments in six years.

Stopped over a bad taillight on his Mercedes Benz, the man is now in jail.

And there he will remain for 90 days, unless he comes up with almost $28,000.

The man has 14 children by 13 different women.

The man contends that most of the children are not his and that the mothers set him up by claiming to have served him in paternity cases using phony addresses.

The man tried to persuade the arresting officers that he is someone else, with a different social security number.

When arrested in his Mercedes, the man had $5,000 cash in his possession and plane tickets to Florida.

The man is reportedly unemployed.

The man is trying to negotiate his child support debt.

The man is also in violation of his probation.

Read more in this Flint [MI] Journal article: Thomas Frazier, father of 14 children, jailed for owing more than half-million in child support.

Domestic violence may take many forms, some quite unexpected.

A central Florida Mother and her adult Son go to a shooting range to practice their marksmanship together.

One minute, everything is fine. They are socializing with each other and others.

The next, the Son is shooting at a target and … the Mother is shooting at the Son … the back of his head.

Then the Mother shoots herself … also in the head.

Both Mother and Son die.

No warning. No note. No explanation.

Except, perhaps, that Mother had some history of mental illness.

But she was able to rent a gun at the range.

Read more in this Orlando Sentinel article: Police: Woman used rented gun in murder-suicide; actions appeared ‘deliberate’.

I have posted more than once recently about the impact of the recession on noncustodial parents struggling with child support obligations.

Their situations are tough, but parents will not lose custody of or access to their children due to unemployment.

Millions of American grandparents raise their grandchildren, because their children are unable to do so.

If they can’t support their grandchildren, though, they may well lose custody and/or guardianship of them.

In this recession-weakened economy, older workers who lose their jobs are having an especially difficult time replacing them … sometimes eventually giving up.

In addition to the stresses of prolonged unemployment that one might expect, those raising grandchildren bear the additional fear that they will be taken away from them and placed in foster care with strangers.

What assistance there is for grandparent-custodians is rapidly being depleted by those in need because of the weak economy.

Many grandparent caregivers could simply become foster parents to their grandchildren. That would provide them with greater financial assistance from the government for raising their grandchildren.

But it would also put the grandchildren “into the system” and subject them all to monitoring and intrusions.

Read more in this Wall Street Journal article: ‘Grandfamilies’ Come Under Pressure.

Many states require separating parents to take a class on co-parenting after separation.

But some locales, recognizing an unmet need, are offering, even requiring, that children attend a class to help them deal with their parents’ separation.

Many children have difficulty talking to anyone, even their parents, about how they feel about the separation and the changes taking place in their lives.

Marion County, Ohio is tackling this problem with programs for kids in grades two to six and seven to twelve. The program utilizes books, workbooks and coloring books, depending on the ages of the children involved.

Feedback from the children is very good, suggesting that the children feel less isolated after the class.

The books also provide roadmaps to aid parents in try to get their kids to open up with them.

Interestingly, Marion County has what is known in Florida as unified family court. Meaning that one judge will guide each family through any probate, family and juvenile court issues.

Which may be the source of the county’s heightened sensitivity to kids’ difficulties with separation.

The various books use in the programs appear to be for sale to interested parties, wherever they may live.

Read more in this Marion [OH] Star article:Grant allows county court to help children.

Battering Spouse in Oklahoma reportedly abuses Battered Spouse and their children for years.

Both Battered Spouse and Battering Spouse are alcoholics, which escalates the battering.

Battered Spouse obtains several orders of protection from Battering Spouse over time.

Battering Spouse and Battered Spouse divorce.

Then remarry.

Battering Spouse allegedly beats and then shoots Battered Spouse.

Battered Spouse dies.

Battering Spouse is convicted of domestic violence.

Battering Spouse is incarcerated.

Battered Spouse’s mother didn’t think Battering Spouse could kill someone.

Battered Spouse’s sister has custody of Battered Spouse’s kids now.

Battered Spouse is the late Husband of Battering Spouse.

Even Battered Spouse’s mother didn’t know know he was a victim of repeated acts of domestic violence.

Most “battered women’s shelters” offer services to battered men as well.

Read more in this Tulsa KOTV News On 6 article: Murdered Man Victim Of Domestic Abuse.

A therapist offers mothers her tips for reducing the stress related to exchanges and their child’s visitation with his or her father.

1. Always focus on your child.
2. Make sure the other parent is kept posted on recommendations from school as to services appropriate for your child.
3. Attend a different performance of school events if possible, trade off events or sit far away from the other parent.
4. Ditto for sports events.
5. Be civil at extended family occasions and gatherings – or don’t go.
6. Be accommodating with schedule changes.
7. Treat your ex with respect.
8. Allow communication – but use e-mail for neutrality … and a record.
9. Let your child participate in planning, but don’t put your child in the middle … or on the spot.
10. Attend a Children First class.

Read more in this Single Minded Women website article: Stress-Free Visitation Guidelines and the website Your Child’s Divorce.

Among the hardest hit by the recession are … children of separated parents.

The reality of rising unemployment and underemployment on the one hand.

And the fear of impending layoffs or other job loss on the other hand.

Family courts everywhere are busy with noncustodial parents seeking downward modifications of child support, even while custodial parents are seeking enforcement of existing child support obligations.

Some parents who never missed payments before are struggling and missing them now.

In New York state, for example, many family court judges are granting reductions of child support obligations frequently under the circumstances, sometimes dramatic reductions.

Since children still need support regardless of a noncustodial parent’s unemployment, layoffs or the like, however, custodial parents are turning to public assistance of various kinds, often for the first time.

And it’s not just people “on the fringes” who are affected.

Family court judges are seeing among those seeking modifications of child support recently comfortable to wealthy Wall Street executives, who have been wiped out by shrinking portfolios.

Unemployment benefits are income, however.

Read more in this New York Times article: Fighting Over Child Support After the Pink Slip Arrives.

Florida birth Mother gives her twin babies (Twins) up for adoption.

Mother maintains she signed adoption papers under duress resulting from sleep deprivation.

Twins are adopted by North Carolina couple.

Adoption is open, according to contract, with Mother being involved with the Twins after the adoption.

Then Mother allegedly takes off to Canada with the Twins.

Mother is charged with kidnapping the Twins.

Mother’s parental rights to Twins are terminated.

Now Mother is seeking visitation with the Twins from a North Carolina court.

The trial court ruling apparently turned quickly on the fact that Mother’s parental rights had been terminated.

Mother is pressing to have a full hearing despite that.

Mother characterizes the case as a custody dispute.

The adoptive North Carolina couple characterize it as a contract dispute.

The North Carolina appellate court has yet to rule.

Read more in:

1. this Raleigh [NC] News TV 14 article: Court continues to mull Quets’ visitation rights
2. this Raleigh [NC] WRAL TV 5 article: Adoption case goes to state Court of Appeals
3. this Raleigh [NC] News & Observer article: Quets makes appeal for visitation

Virginia Mother and Father conceive a Child.

Mother and Father split up before Father learns of pregnancy.

Years pass.

Mother introduces Child to Father.

Father is now married to another woman.

Father seeks visitation.

Mother and Father engage in bitter court battle.

And then the Court reportedly awards Father sole custody.

Mother starts Children Without a Voice, an advocacy group for women who have lost custody to their children’s father.

Mother allegedly decides to hire a hit man to murder Father and get him out of the picture.

Except the hit man Mother pays is an undercover law enforcement officer.

Mother is arrested for solicitation to commit murder … and attempted murder.

Mother pleads guilty to attempted murder, and the remaining charges are dropped.

Mother faces two terms of incarceration for life, plus a $200,000 fine.

Of course, Mother still won’t have custody of Child.

And Mother’s visitation, if any, will be less than optimal.

Read more in this Culpeper [VA] Star-Exponent article: Woman guilty of plotting murder.

Illegal immigrants planning to visit children in protective custody may want to think twice first.

A grandmother visiting her baby grandson was picked up by immigration agents on an outstanding deportation warrant.

It seems that social workers advised immigration officials of the time and place of the scheduled visitation.

The immigrant family members could not see what their legal status had to do with their visitation.

Some groups warn that schemes like this discourage immigrants from cooperating with child abuse investigations.

But the Department of Children and Families maintains that it is just complying with its legal obligations.

Law enforcement authorities indicated that when they encounter people with outstanding arrest warrants against them, they routinely arrest them.

Whatever procedures apply, arresting illegal immigrants sometimes leaves children in this country without caregivers in their own families.

Read more in this South Florida Sun Sentinel article: Social workers used children as bait in immigration case, man claims.

It’s very common for divorcing parents to be ordered to attend a parenting class for divorcing parents.

Never-married parents may be required to attend the same class, but they frequently feel that it “doesn’t apply to them”.

Ohio’s Stark County is attempting to address that program flaw by instituting a separate class for never-married parents.

The course emphasizes communications skills and appreciating the importance of both parents to a child.

The new program provides mediators and a psychologist to educate parents on “psychological wellness for kids”.

It is hoped that the new program will benefit the growing numbers of children of unmarried parents as well as the unmarried parents themselves.

In future years, the new course will be funded through court fees.

Read more in this Stark County [OH] Press-News article: New parenting program offered to never married parents who are separating.

Illinois Father and Mother split up.

They have two children together.

Mother wins sole custody, having accused Father of abusing her and the children and having obtained short-lived protective orders against Father during their divorce case.

But Father later wrested custody away from Mother, because Mother allegedly moved the children to a house without heat, electricity or running water, which was infested with bugs, and their children allegedly went unbathed for days on end.

Father’s current wife wrote of the stormy relationship between Mother and Father on a social networking website.

Father and his current wife were recently found by Mother, murdered in their home. Their baby was unharmed.

At the time of Father’s death, he was scheduled to square off against Mother in Court on their custody case soon.

Given the allegations made by Father before his death, it is unknown and unclear whether Mother will regain custody of their children or whether the children will go into protective custotdy.

Read more in this Chicago Herald News article: Slain couple was in custody dispute.