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

In cases where drivers are arrested for DUI in Pasco County, Florida and children are in the vehicle at the time of arrest, arresting officers typically also charge the driver with child abuse or child neglect.

In the vast majority of cases, however, even where the arrested driver pleads guilty to DUI, law enforcement typically drops the child abuse and child neglect charges.

Child abuse and child neglect are felonies. Many DUIs are misdemeanors.

The state attorney’s office nearly always maintains that it doesn’t prosecute child abandonment and neglect in these cases because they cannot prove the elements of the crime beyond a reasonable doubt (as required in criminal cases) where the evidence merely supports DUI.

For the child abuse or neglect charge to stick, there must be a “serious risk of person injury or mental injury to the child”.

But even in weaker criminal cases, the arrest is not the end of the issue of child abuse or neglect.

Arresting officers are supposed to call in complaints to Florida’s child abuse hotline. From there, child protective services and child protection investigators can address the child-related issues more thoroughly – and resolve them in juvenile court with a lesser burden of proof than in criminal court.

Read more in this St. Petersburg [Florida] Times article: Child abuse charges are fleeting in Pasco County DUI cases.

Recent restrictions on executive compensation are having significant impact on divorces of people in the financial services industry. Nowhere is this felt more than in New York, where so many people are employed in the targeted financial services industry.

Employers have dramatically reduced cash bonuses, until recently a huge component of compensation. Instead, employers are compensating employees with company stock of speculative value and varying vesting dates, and deferred cash payments.

The effect is to reduce current cash income for purposes of calculating child support and spousal support.

Depending on exactly how the compensation is structured, it may also change the character of the compensation from income available for support to property which must be divided.

Meanwhile, the reduced current cash income is overextending family resources for private school tuition payments and carrying costs for existing second homes, not to mention support payments.

The timing and uncertainty of real, cash income is breeding increasing litigation over the financial aspects of divorce for financial professionals.

Dependent spouses seem to be getting the shorter end of the stick in these situations. Less cash income available for support now. Disputes over whether deferred cash or benefits / assets is even marital and, if so, as of what date should they be valued.

Ultimate impact on divorces of financial professionals? More, expensive litigation in filed cases … but markedly fewer cases filed.

Read more in this Bloomberg BusinessWeek article: Bonus Pay Changes Put ‘Massive Wrench’ in Wall Street Divorces.

Unfortunately, divorce is hard on children.

But there are things parents can do to make it easier on them.

One expert suggests:

• Both parents should look happier than before and avoid discordant demeanors around the children. Don’t rush to shed the wedding ring(s).

• Give children frequent reassuring hugs and soothing physical contact. The nontimesharing parent should have some contact with the children on days the child is with the other parent.

• Keep angry and sarcastic voices out of earshot of the children.

• Make sure both parents share in the children’s major events.

• Be positive.

Read more in this [Vancouver, Canada] Province news article: Helping your child feel secure and loved through divorce.

California Mother and Father appear before Family Court Judge to determine timesharing and visitation.

Mother begs Judge to protect nine month old Baby from Father.

Mother produces e-mails, allegedly from Father, recounting a father’s murder of his nine month old baby and his own suicide. The sender of the e-mails is identified only as “John Hancock” though.

Judge reacts by saying to Mother that “[m]y suspicion is that you’re lying“.

Only Mother isn’t lying.

Ten days later, Father and Baby are dead of gunshot wounds at Father’s hands.

Father allegedly put strange messages to Mother out on the internet in the days preceding his death, apparently seeking reconciliation.

Community in which Mother, Father and Baby live is angry over Judge’s ruling and behavior toward Mother. Voters picket Judge’s courtroom carrying “baby killer” signs.

Other candidates spring up to run against Judge in upcoming election.

Judge concludes that order of protection would not have stopped Father anyway.

But Judge apologizes for virtually calling Mother a “liar”.

Mother doesn’t want to see any other children hurt by Judge.

Read more in this San Jose Mercury News article: Judge faces election after unpopular decision.

In Florida, by far the most common ground for divorce is that the marriage is “irretrievably broken”.

But different states have different “grounds” for divorce.

A Maryland Husband has filed for divorce on the Maryland ground that Wife is a “convicted felon”.

Wife is serving a sentence of life in prison – and an additional twenty years. For murdering a couple.

Husband is also incarcerated for that couple’s murder.

Husband maintains that his Wife was the perpetrator of the murders. Husband’s sentence is only thirty-eight years.

It is unclear whether the legislature contemplated the application of the statute by one felon against another.

Read more in this Washington Post blog post: Report: Divorce for couple convicted of murder

2010 brings a sharp escalation in parental abduction of children in Australia.

Alarmed, law enforcement is putting the word out that parental abduction carries a sentence of one year’s imprisonment.

Authorities are also resorting to publishing in Australian newspapers photographs of children abducted by a parent. Generally, this is confidential and not permitted under Australian law.

These children are believed to be on the run with their abducting parent, missing school and regular activities.

Children currently missing are as young as two years old.

Australian authorities are taking this disregard of the law seriously and making these cases top priority.

Experts advise that parental kidnappings are traumatic and damaging for children, especially those between the ages of five and fourteen.

In Australia, approximately two and one-half million people are denied access to family in the courts, and approximately seven hundred thousand children have no relationship to speak of with one of their parents.

Read more in this [Australia] Herald Sun article: Hunt for children snatched by their own parents.

Social networking websites have gained great popularity.

People put their lives in pictures up on them without hesitation.

And pour their hearts out on them without inhibition.

In many instances, they “let it all hang out”.

And, when they become embroiled in child custody cases, it is all “out there” to be found, easily, by the other parent.

And used as evidence in court of questionable parenting.

Something to think about …

Read more in this Victorville [CA] Daily Press article: Spouses use Internet to gain child custody.

Georgia has a mandatory parenting class for divorcing parents. Just as Florida does.

Still, despite the mandatory class, many divorcing and divorced parents find it difficult to co-parent together and to stay focused on their children, instead of each other.

An attorney who is also an educational psychologist has collaborated with a psychologist to create a new educational program called Co-Parenting Resolutions.

This program can be substituted for Georgia’s mandatory parenting class. In fact, some Georgia judges encourage the substitution.

The course developers claim that their course actually “shows parents how to get along for the sake of the children in matters of custody”. And the creators of the program favor parents taking the class together.

The entire program is eight hours, but only three hours are live and in-person. The rest are recorded on DVD.

One thing is certain: high conflict parents who can’t co-parent will almost certainly make their way back to court … over and over and over again, in many instances.

As described, this program is not suitable for cases where there is a history of domestic violence.

Read more in this Gainesville [GA] Times article: Class helps divorced parents work together for kids’ sake.

The real estate market is in shambles.

Many homeowners are upside down in their mortgages.

Husband and Wife really can just barely keep up with mortgage as it is.

After divorce, they will have to support two homes on the same incomes.

A lot of divorcing couples shoot from the hip when it comes to dealing with their house and debts in settling (or litigating) their divorce.

One expert warns that couples are not truly divorced if they are still tied to a mortgage and other debt with their ex.

Cold, hard fact: joint debt means joint liability.

If either borrower defaults, both will have problems that they didn’t bargain for.

Like damaged credit, bankruptcy, foreclosure, etc.

The only way to eliminate the risk of the unknown and unforeseen is to sell the house before the divorce is final.

If one party wants to stay in the home, the cleanest way is to buy the other out and refinance their name off of the mortgage.

And nothing should be taken for granted. The home should be thoroughly inspected and appraised to make sure that the buying spouse understands what they are signing up for.

Whether selling the home before the divorce is final works for you or not, one lesson drawn is surely valid: when it comes to financial and legal obligations, you can’t do too much due diligence in your divorce.

Read more in this Santa Clarita Valley [CA] Signal article: Divorcing your house along with the spouse.

Husband has upcoming hearing on Wife’s claim for alimony.

Husband doesn’t want to pay. Certainly not the amount Wife is asking for.

Husband, who has no lawyer in the case, tells Wife’s lawyer that he would shoot the presiding judge if he is ordered to pay that kind of alimony. Husband also threatens to set fire to the courthouse.

Not the best moves.

Husband is criminally convicted on his threats against the judge.

And sentenced to thirty-eight days in jail. And another five months, suspended. And three months of community service.

All things considered, the judge is pretty lenient and considerate of Husband’s situation. She looks to Husband’s clean record and the fact that he didn’t have a lawyer at the time that he spoke out.

Unfortunately, Husband’s threats are hardly unique in Israel at this time.

Read more in this [Israeli] Haaretz article: Petah Tikva man gets 38 days for threatening to shoot judge.

Newlyweds and new cohabitants have some big decisions to consider.

Specifically, how to manage their finances and assets.

1. Do you share everything you both have? Joint ownership across the board. Put everything in both names.

2. Do you each share part of what you have? His assets and her assets in separate names, but also some joint ownership assets in both names.

3. Do you share nothing you have? Strictly his and her assets in separate names.

The choices depend in part on the ages of both partners, whether either partner has children from previous relationships, risk tolerance of each partner, the relative incomes of each partner, whether either partner has substantial assets accumulated already.

There are two possible scenarios to consider: separation by choice or by death of a partner.

Last but not least …

• Prenup?

• Postnup?

Read more in this Morningstar article: Should Merged Lives Mean Merged Finances?.

Maryland last reviewed its child support amounts in 1988, twenty-two years ago.

Expenses of childrearing have risen substantially since then.

The state legislature is now considering a bill that would update child support calculations.

The proposed legislation has its political opponents though.

Maryland is one of only nine states that has not re-evaluated its child support figures since the federal government first required uniform guidelines.

Maryland leads the nation in median income.

Yet Maryland trails forty states in child support amounts.

Imagine not getting even a cost of living pay raise for twenty-two years.

Not so good for Maryland’s children.

Read more in this Washington Post editorial: Md. is behind the times and the cost of living on child support.

California lesbian couple have Twins.

Both partners are listed on Twins’ birth certificates and Twins’ have both partners’ names in their hyphenated surnames.

Shortly after Twins’ births, couple breaks up.

Biological Mother (Bio Mom) then takes up with sperm donor-Biogical Father (Bio Dad).

Lesbian couple had made no formal legal arrangements between themselves or, for that matter, with Bio Dad regarding Twins.

Bio Mom’s former lesbian partner (Other Mom) files paternity suit to get visitation with Twins.

California trial court orders shared legal custody of Twins between Bio Mom and Other Mom on a temporary basis.

Bio Mom, Other Mom and Bio Dad settle case, continuing same terms on permanent basis. Bio Dad’s rights, if any, are not known.

Bio Mom reportedly settled the case to avoid costly and drawn out litigation.

Read more in this Santa Cruz [CA] Sentinel article: Former Santa Cruz lesbian partners settle paternity suit.

Nurse and Husband have a Baby.

Only Nurse alleges that she was raped … by Doctor … and his Son … and that Husband is not Baby’s father.

Nurse presses charges against Doctor and Son.

Doctor defends that he donated sperm so that Man could have a child via artificial insemination and a surrogate mother … Nurse.

Doctor is acquitted of rape charges, but there remains the question of: who is Baby’s legal father?

Is it:

1. Husband
2. Doctor
3. Son or
4. Man?

Indian Court orders DNA paternity test for Father and Son.

Meanwhile, Man presses charges against Nurse for keeping Baby and cheating him out of money.

Doctor seeks a stay of the paternity test, maintaining that the test could prove the child illegitimate and subject him to stigma.

Appellate court agrees and stays paternity testing.

Read more in this [India] Daily News and Analysis article: Can a baby have four fathers? SC stays paternity test.

Wife wants divorce.

Wife files for divorce … one year ago.

Divorce is going nowhere.

How come?

Husband is a state legislator in Missouri.

And Missouri state law allows legislators to put court cases against them, even divorce cases, on hold while the legislature is in session … which, presumably, is most of the time.

So, must Missouri children in need of support wait until their parent loses an election then?

Read more in this Kansas City Star article: Divorce, General Assembly style.

Girlfriend has injunction for protection against domestic violence entered against Boyfriend.

Boyfriend allegedly violates order of protection multiple times, showing up at Girlfriend’s home, calling her and threatening her.

Boyfriend is arrested for torturing Girlfriend’s cat and several counts of first degree criminal contempt for violating domestic violence restraining order. Boyfriend is held without bail.

From jail, Boyfriend calls his aunt.

And Boyfriend tells her that, upon his release, he will put five bullets into a gun, one meant for Girlfriend, one for each of Girlfriend’s two children, one for himself and one extra.

Boyfriend has previously been convicted of four felonies and of eighteen misdemeanors, including attempted assault, three times, attempted burglary and aggravated criminal contempt.

Boyfriend faces incarceration for twenty-five years to life if convicted of the current charges.

Read more in this [Rochester, NY] Democrat and Chronicle article: Alleged threats cause bail denial.

Once again, a New York State legislator has sponsored a bill to allow for no-fault divorce in New York.

New York is the only state that still doesn’t offer an option for a true no-fault divorce.

And even this latest incarnation of a no-fault divorce proposal in New York applies only to uncontested divorces, where the spouses agree upon a settlement.

New York’s current divorce law makes for unnecessarily contentious and expensive divorces. But, despite this, all past efforts to adopt no-fault divorce in New York have failed.

Read more in this New York State Bar Association press release: State Bar Association Commends State Senate Committee on Judiciary for Advancing No-Fault Divorce Legislation.

Florida Mother and Father have eight year old Son.

Mother and Father break up.

Mother moves to Seattle.

Father and Son remain in Orlando.

Mother supposedly hears that Father and Son are homeless.

Mother allegedly asks friends in Orlando to “get” Son.

The two men reportedly “get” Son from a motel.

And are arrested for kidnapping Son, a felony.

Mother allegedly tells authorities how to find the kidnappers.

Son is found in good condition.

There reportedly is no evidence of Son’s malnourishment or deprivation.

Mother may also face criminal charges in this matter.

Read more in this Palm Beach Post news article: Police: Men arrested after they kidnapped Orlando child.

Oklahoma has the third highest divorce rate in the country.

More than half of all marriages there go by the boards.

In 2007, the state had over 28,000 marriages – and almost 19,000 divorces.

A lot of divorces for a state of reportedly regular churchgoers.

The high rate of divorce in Oklahoma is blamed on widespread poverty, teen pregnancy and early marriages.

In an effort to curb divorce, a conservative state legislator has sponsored legislation to require counseling both prior to marriage and prior to divorce.

Some oppose the legislation as too intrusive.

Others feel the social benefits of the legislation justify the intrusion. For example, divorce and childbirth by singles costs US taxpayers $112 billion per year.

The proposed legislation also includes an option for covenant marriage, in which couples agree upfront to premarital counseling and to restrictions on their own right to divorce.

Read more in this Associated Press article: Okla. conservatives debate divorce legislation.

Mother and Father have Baby together.

Mother and Father split up.

Mother obtains injunction for protection against domestic violence from Father.

During Father’s timesharing with Baby, Baby becomes “unresponsive” and subsequently dies.

Mother believes Father is responsible for Baby’s death.

Case is still under investigation.

Father allegedly violates domestic violence restraining order, when he goes to memorial service for Baby.

Then Mother is stabbed to death.

Police suspect Father.

Father reportedly violates order of protection again during that incident.

Father has previously served fourteen years in prison.

The judge set Father’s bail at $1,000.

Read more in this [Tampa] WTSP TV 10 news article: Father of Laura Taft’s baby suspected in her murder and this [Tampa] Bay News 9 TV news article: Laura Taft murder suspect reportedly on suicide watch.

The reason?

Because, a now-suspended attorney and father says, there is no accountability.

To whom?

Not specified.

In his view, child support is, apparently, routinely diverted to:

• drug abuse
• gambling addiction
• “lawyer-generated controversies”
• partner support
• income destruction and
• father replacement agendas

And, in his opinion, the government’s mandating of the payment of child support to the custodial parent is unconstitutional governmental interference in childrearing, and slavery.

In his view, his child support obligations are satisfied by providing a home with play areas for his children during their timesharing with him.

His implied premise: his children’s support during the other parent’s timesharing, even if that is the vast majority of the time, is entirely the sole concern and responsibility of the other parent … unless, perhaps, there is accountability … presumably, to him.

Read more in this Utica Observer-Dispatch guest opinion: Child support is welfare because it lacks accountability.

In Kansas, severe child abuse is on the decline, reportedly largely because of years of “evidence-based prevention strategies” supported by years of generous government funding.

Evidence-based prevention measures include:

1. home-visitation by social workers to families at high risk of abandonment, abuse or neglect of children
2. parent support and
3. education and information on early childhood development

Although these strategies are expensive, they are reportedly seven times less expensive than addressing the abandonment, abuse and neglect of children that would result from not funding these initiatives.

The federal government expends over $100 billion each year due to mistreatment of children.

Home visitation professionals work closely with families in distress to educate parents, assist parents in arranging medical care and direct them to community resources that can help them.

In some ways, these professionals are modern surrogates for longstanding family and friends from whom families may be distanced in our mobile society.

Read more in this Wichita [KS] Eagle article: Prevention effort saves kids, money.

Times are tough. Especially for those wishfully contemplating divorce.

Even more especially for those who are upside down in their homes and possibly facing foreclosure and/or overburdened by credit card debt.

For some, bankruptcy may be the best or only way not only to escape a bad marriage, but also to get their love lives and financial lives back on track, according to a bankruptcy attorney.

This strategy may work best where both spouses are on board with it and go through bankruptcy prior to final judgment in their divorce.

It is important to realize that bankruptcy cannot discharge alimony or child support obligations, past, present or future.

Also, the law has changed over the last several years, and debt may not be as freely dischargeable and marital property settlements may not be as easy to circumvent as in the past.

Still, consulting with a bankruptcy attorney knowledgeable of bankruptcy law as it applies to divorce and paternity-related issues just may make all the difference to those wishfully contemplating divorce but saddled with overwhelming debt.

Read more in this Bankrate website article: 5 money jams bankruptcy can fix.

Mother and Father divorce.

Father is awarded custody of Daughter.

Ninety percent of children abducted in California are the subject of a child custody dispute.

And so it was with eight year old Daughter, who went missing fourteen years ago.

Now twenty-two years old, Daughter has recently been found alive and well.

Mother has been arrested for kidnapping though.

This case stands out for its resolution so long after the abduction.

Only six percent of child abduction cases open more than six months are ever solved.

Mother and Daughter moved frequently throughout Daughter’s childhood after the abduction.

Daughter no longer lives with Mother.

Because Daughter is a legal adult, authorities will not provide Father with the name she goes by or her contact information.

Read more in this San Jose Mercury News article: Resurfacing of Walnut Creek girl highlights strains of parental abductions and this CBS Early Show news article: Girl Gone 14 Years Found Safe; Mom Charged.

What’s the relationship between premarital cohabitation and divorce?

Contrary to earlier research (based on smaller samplings), a new study suggests that there isn’t much of a relationship between cohabitation and divorce.

Interestingly, the variable that did have slight statistical significance was the degree of commitment between the cohabitors at the time of moving in together.

Specifically, couples who begin cohabiting prior to becoming engaged or otherwise commiting to future marriage with each other are more likely to divorce if they eventually marry.

On the other hand, couples who move in together only after becoming engaged or making some other mutual commitment to marry each other later have about the same odds of later divorcing as couples who did not cohabit prior to marriage.

This newer study is based on larger samplings, because these days two thirds of married couples live together before tying the knot.

The likelihood of divorce was determined based on a ten year window from the date of marriage.

Earlier studies suggested that cohabitation before marriage actually increased the odds of later divorce.

Read more in this USA Today article: Report: Cohabiting has little effect on marriage success and this New York Daily News article: Living together before marriage doesn’t significantly raise likelihood of divorce: study.

Husband is court-ordered to pay support. Child support or spousal support or both.

Husband gets laid off and his only income is from unemployment.

He cannot afford to pay his court-ordered support.

He stops paying entirely. Or pays what he can.

Leaving a large monthly deficiency.

In the current economy, getting a comparable job could take a while.

What should Husband do?

Well, too often Husband just continues to limp along, month after month, his back support obligation growing larger and larger by the month.

Naively thinking that his unemployment will excuse his nonpayment of support and get him off the hook.

Unfortunately for him, no such luck.

The only way Husband can contain the damage is to file for a modification of support. Immediately.

Read more in this Daily Breeze [LA] column: Ask the Lawyer.

People often ask “how long does a divorce take?”

What most people really mean is “how fast can my divorce go through?”

The answer to both questions can vary widely from case to case depending on many factors.

Many states impose a minimum waiting period before a divorce can go through to final judgment.

In Arizona, the current wait is sixty days – but some Arizonians think that’s too soon (ones who are not seeking a divorce).

And so a state legislator has introduced a bill to lengthen Arizona’s waiting period for a divorce to one hundred eighty days! Six months.

The same bill also increases mandatory divorce education, presumably on co-parenting after divorce.

A psychologist opposes the bill as forcing children to live in a hostile environment for longer.

The legislator reportedly will be amending the bill to create an exemption for victims of domestic violence though.

Florida’s waiting period is twenty days from the date of filing.

But, in practice, rarely are any but the simplest of uncontested divorces completed anywhere near that quickly.

Read more in this Arizona Republic article: Panel OKs bill to extend divorce waiting period.

Seemingly ordinary California family, if a bit large.

Six biological children.

Three children adopted from Africa.

Homeschooled.

Fundamentalist Christians.

The folks next door.

Until one of their children, 7 years old, dies of cardiac arrest.

And, it turns out, two of their other children have serious injuries and conditions, including kidney failure.

The dead girl mispronounced a word while reading her lesson aloud.

Parents are arrested on charges of murder, felony torture and misdemeanor cruelty to a child. In other words, child abuse.

Children are taken into protective custody by child welfare agency.

Parents have no prior arrests or child protective services investigations records.

Parents allegedly use a punishment device advocated by a well-known Christian fundamentalist couple holding themselves out as child-rearing experts.

Parents have retained separate counsel.

Read more in this Chico [CA] News Review article: Child-abuse case shines light on Paradise couple.

Husband and Wife are divorced.

Wife is a singer who has recorded music that has sold well and earns her recurring royalties.

Under the terms of their divorce, Husband is entitled to half of Wife’s royalties on certain music she recorded during their marriage.

Wife reportedly has not cooperated in producing information to Husband regarding the royalties she has earned, and reportedly failed to comply with a court order that she sign authorizations for a court-appointed expert on recording contracts to independently gather the information for the court.

Court orders Wife to appear at a contempt hearing.

Wife tells the court that she does not want to go to jail, but Wife takes exception to certain language in the proposed letters that Wife claims is broader and more inclusive than similar letters from her original divorce.

Court orders the expert to meet with Wife in an effort to resolve the disputed language … and does not sentence Wife to jail – or even hold her in contempt.

The original divorce file is sealed. The court orders that documents gathered in these enforcement proceedings be kept confidential as well.

Read more in this Detroit News article: Anita Baker avoids jail in court battle.

Parental alienation.

Much has been written and said of it.

Yet neither the American Medical Association nor the American Psychological Association have recognized it.

Many courts have acknowledged it, however.

And confused it, at least in some cases, with trying to protect a child from a physically and/or psychologically abusive parent.

Resulting in some children being ordered into unsupervised timesharing and, in some cases, majority timesharing, with an abusing parent … to punish the so-called alienating (that is, protecting) parent.

In California, a legislator has sponsored a bill that, if passed, would deny the use of parental alienation in California’s family courts.

Is it better to err in favor of protecting an allegedly alienated parent’s “rights” or in favor of protecting a child from abuse?

Ultimately, that may be the real question on which use of parental alienation in court should turn.

Read more in this Capitol Weekly article: Parental Alienation must be excluded from all custody hearings.