Archive for the ‘Child Custody Cases’ Category
Study Shows Value of Amicable Divorce on Child’s Academics and Social Skills
Friday, April 27th, 2012We previously have suggested in previous blog articles the value of an amicable divorce in minimizing the negative impact on children. However, a study published in the American Sociological Review quantifies the potential impact of divorce on children but also offers hope for parents that are able to navigate a fairly amicable divorce. The study reveals that children of divorce tend to struggle in math, social skills and a number of other areas, but also suggests that the impact may not be significant where divorces are relatively amicable.
The researcher considered data from a longitudinal study of children from the time they were in kindergarten to fifth grade. The study focused on children whose parents divorced between the first and third grade. The study specifically found that children whose parents divorced during this period were adversely impacted in the following areas:
- Lower math proficiency
- Difficulty maintaining friendships
- Decreased ability to express their feelings in constructive ways
- Less empathy toward others
- Challenges relating to children who are different
While it may come as little surprise that children of divorce face more challenges in interpersonal skills, the study also revealed a direct impact on academic performance. Interestingly, the study found only that divorce seemed to affect math performance but did not have a comparable impact on reading proficiency. The data indicated that children whose parents divorce were 12 percent less proficient in math. The researchers speculated that the disparity in results between the impact on math and reading skills might be tied to the cumulative nature of math. While math knowledge builds on prior foundational material, reading does not require a child to “catch up”. This explanation is also supported by the fact that children who are impacted do not close the gap in terms of lagging behind on math as time passes.
The study also found that pre-divorce conflict or animosity does not seem to have the same impact as an actual divorce. The indications that the children occurred after the actual divorce process had been initiated even where there was conflict at the pre-divorce stage. Predictably, divorces that were relatively amicable did not show the same adverse impact as those where the proceedings were fairly contentious.
While it can be extremely difficult to deal with the other parent following a divorce, this study shows that finding ways to resolve your differences amicably can have significant academic and socialization benefits for your children. The experienced Boca Raton child custody attorneys at Eric N. Klein and Associates are committed to helping our clients minimize any negative impact of divorce on their children. We offer a free initial no obligation consultation so contact us today at (561) 353-2800.
What Parents in Florida Child Custody Disputes Need to Know about Moving with Their Child
Wednesday, April 4th, 2012One of the consequences of a Florida divorce is that life can get complicated for both parents. Time-sharing schedules, holiday custody changes, the costs of parenting and visitation, and other issues must be dealt with effectively. When one parent decides to move away or relocate to another area with a child of the relationship, the complexity of these issues and the stakes increase exponentially.
Cases involving the relocation of a parent with a child in Florida are frequently among the most contentious child custody cases. When the child is relocated a significant distance from the other parent, it can create a broad range of challenges, including logistical difficulty in facilitating fairly even quantities of parenting time, interfere with existing visitation schedules, and escalate the cost of exercising parenting time for the non-moving parent.
The issue of parental relocation or (parental move-away) is common in the context of divorce and paternity actions because the parents are experiencing substantial changes to their family structure. Parents may relocate to go back to school, avail oneself of a job opportunity, obtain support from extended family, or a wealth of other reasons. When a Florida family law judge considers a parental relocation request, the court will consider the relationships of the child to both parents and extended relatives, the reasons the parents are advocating or opposing the move, and other relevant factors.
Florida law imposes very specific procedural or substantive requirements when a parent in a custody dispute or subject to a timeshare arrangement seeks to relocate more than fifty miles with one’s child. A parent who violates or disregards these procedures and requirements risks a potential change of custody or other adverse consequences. A parent who wishes to relocate the child outside of fifty miles must provide written notice to the other parent and craft an appropriately modified timeshare schedule for consideration. The other parent also has a right to be informed of the rationale for the move. Some grounds for moving that may be considered reasonable include starting a business, pursuing an employment advancement, obtaining more emotional or family support from extended family, and seeking better health care for a serious medical problem.
While the court will consider the reasons for the move, the best interest of the child standard that governs other Florida timeshare arrangements also applies in the context of parental relocation. While a complete discussion of the factors that a court considers when evaluating the best interest of a child is beyond the scope of this article some factors included in a parental relocation case include:
- How the move will impact the child’s school as well as physical and emotional development
- Rationale and justification for the move
- Adverse impact on the parenting time of the non-moving parent
- Parent-child relationships
- Extent of time the non-moving parent spends with the children and will be able to continue to spend if the child moves
- Benefits to the parent and children of the move
While this information may answer some of your questions about the relocation of a parent in a Florida custody dispute, this is one of the more complicated Florida child custody issues. If you are currently involved in a divorce or paternity action or have a timeshare arrangement in place, our Florida parental relocation attorneys at the Law Offices of Jeffrey A. Klein can answer all your questions about the relocation of your children. We have effectively represented many parents that needed to move with their children, and those who opposed such move-away requests so call us today at 866-819-6032 to schedule a free consultation!
Visitation with Stepchildren After a Divorce
Tuesday, February 7th, 2012While we are all familiar with the struggles parents face during a divorce when deciding custody and visitation, where do stepchildren fit into the picture? Many couples married when one or the other had a small child from a former relationship. After spending years being a parent to the child or children, the step-parent finds out that during the divorce they have virtually no rights, and may not even be able to have visitation with the child. Like many things in our world, changes happen so fast that the law has not yet caught up, and this is a good example of that.
The Law Recognizes the Rights of the Biological Parent
Generally speaking, step-parents generally have rights concerning children they may have raised for years and years only if the children’s biological parents are deceased or suffer from a disability. So long as one or both of the child’s biological parents are alive and not deemed incompetent, they have control over their child’s life, and can refuse visits from the step-parent if they desire. The law operates under the assumption that the biological parent will make decisions based on the best interests of their child, meaning grandparents and step-parents have little recourse if they want visitation with a child following the divorce. There are a few select states which have recognized the role of step-parents in a child’s life, therefore if the step-parent played a substantial role in the child’s life while the couple was married, the law allows the step-parent to request the right to visit the child, and in a very few cases, partial or full custody of the step-children.
Most courts are simply refusing to address the issue at all, leaving archaic laws on the books which do not allow step-parents to seek visitation. Illinois law does at least recognize that strong bonds can occur between a step-parent and children and that maintaining such a healthy relationship can benefit the child. In a rather unprecedented move, an Illinois Appellate Court declared the current law regarding step-parent visitation unconstitutional, and, in apparent agreement, the Illinois Supreme Court refused to review the decision, however the old law is still alive and well.
If a Biological Parent Dies
In certain states, should the biological parent (that the step-parent was married to) dies, the step-parent is allowed to petition to visit the step-child or for full or partial custody only if the following aspects are in place:
- The child must be at least twelve years old
- The marriage between the step-parent and the deceased biological parent must have lasted for a minimum of five years.
- The child must express a desire to engage in visits with the step-parent
- Such visitation must be deemed to be in the best interests of the child
- The step parent must have been providing care and control to the child before he or she initiates a visitation petition.
As you can see, even when a biological parent dies, there are still very strict criteria for petitioning the court for visitation rights, and even the states who allow visitation petitions seem to assume that the biological parent died while still married to the step-parent rather than providing visitation for a step-parent following a divorce.
Contact a Divorce Attorney
If you are interested in obtaining visitation rights with your step-child or children, it is important that you contact an experienced divorce attorney who is familiar with the laws regarding step-parent visitation rights in your particular state. Even if you are allowed to request visitation rights, don’t assume they will be awarded to you. You will be required to show that you functioned as the child’s parent during the period of time you were married to their biological parent, and an experienced divorce attorney your best chance of achieving the visitation rights you are seeking.
If you or someone you love is considering filing for divorce, we can explain your rights and guide you through the appropriate divorce process. At Eric N. Klein & Associates, P.A., our Fort Lauderdale divorce attorneys are dedicated to providing the legal help our clients need. To learn more about what we may be able to do for you, contact us today by calling 954-580-8080.
Understanding Custody in a Florida Divorce . . . of a Pet
Tuesday, July 5th, 2011While custody and visitation are often the most perplexing issues in a Florida divorce, but these difficult custody and visitation issues usually involve one’s minor children. It is becoming increasingly common in divorces in Florida and across the U.S. that married couples are fighting over custody of their pets. For couples without children, a pet owner often feels closely bonded to one’s pet similar to a child and even refers to their relationship to a pet as “mom” and “dad”. Pets are increasingly viewed as “part of the family” so the bond between divorcing couples and their pets can be quite strong.
The issue of custody of a couple’s pets is complicated because divorce law in Florida and throughout the U.S. has not caught up with changing attitudes toward family pets. Pets have traditionally been regarded as “chattel” or property to be divided like other property. Most courts do not make custody or visitation orders for pets because they are viewed as property. While timeshare plans for children generally are based on the best interest of the child, these considerations are not relevant for pets. The judge will rarely consider what arrangement is best for one’s dog or cat as is done when developing orders regarding the children.
If a couple has children, the pets will typically end up being kept with the parent with whom the children primarily reside. When a couple does not have children, the pets will typically be divided like other property. This may mean that a spouse who has less emotional attachment to one’s pets may use the pets as a bargaining chip to obtain more valuable property. While most pets have nominal monetary value, the emotional bond that one may have to a pet can be substantial. This can create a scenario for abuse of the divorce process by a spouse that leverages the emotional bond of the other spouse toward one’s pet.
Eventually, family law in Florida and throughout the U.S. may catch up with the evolving close bonds between pets and their owners. This may pave the way for custody orders and best interest considerations that are similar to those for children of divorce. These considerations may have some relevance if a spouse is using the family pets for leverage in property division in a Florida divorce. It may be appropriate to present evidence that one party primarily cared for the pet and was bonded with the pet. This makes it more appropriate to place the pet with that spouse and can preempt attempts to exploit the bond of the spouse that is more involved with the pet.
The Florida divorce attorneys at Eric N. Klein & Associates represent those throughout Florida in both uncontested and contested divorce proceedings. Our experienced Florida divorce attorneys have handled hundreds of family law cases of all types including divorces, paternity actions and modifications of child custody and support.
We offer a free initial consultation with an experienced Fort Lauderdale divorce attorney to answer your questions so call us at 954-580-8080 or visit us in our offices conveniently located in Fort Lauderdale, West Palm Beach or Boca Raton.
The Impact of Domestic Violence on Custody Issues
Friday, June 17th, 2011Custody is among a myriad of divorce issues that must be resolved during a Florida marital dissolution (i.e. divorce). In deciding time-sharing and shared parental responsibility, the court will examine evidence that supports that shared responsibility would be in the child’s best interest, or that placing the child in a parent’s care would be detrimental to the child. The court will consider a number of statutory factors to ensure that any court ordered parenting plan is within the child’s best interests and promotes the physical, social and emotional well-being of the child.
Under Florida law, the court will order that parental responsibility for your children be shared by both you and the other parent unless it would be detrimental to your child. If one parent has been convicted of certain acts of domestic violence, the court will apply a legal presumption against shared parental responsibility and shared custodial time. Generally, a parent who has been convicted of assault or other acts of domestic violence will have a difficult time obtaining shared parental responsibility or joint time-share. In some cases, a court may even order that any visitation be supervised. Even where there has not been a past domestic violence conviction, the court will consider evidence of domestic violence including prior restraining orders, law enforcement reports and other evidence. If the court finds the evidence supports a conclusion that a parent has been the perpetrator of domestic violence, the same presumption against shared parental responsibility will apply.
Domestic violence includes any act by a family member or member of the household that results in the injury or death of another family or household member, including assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, kidnapping or false imprisonment as defined by the Florida Domestic Relations Statute 741.28. The history of a parent who has been convicted of a misdemeanor of the first degree or higher involving domestic violence will be examined and creates a rebuttable presumption that placement of the child in the care of the convicted parent would cause detriment to the child. As a practical matter, this presumption generally results in a denial of shared parental responsibility and time-sharing for the convicted parent. Sole parental responsibility may be ordered to protect the child or abused spouse from further harm and time-sharing and may result in limited visitation for the parent with the history of being a perpetrator of domestic violence.
Even in the absence of a conviction of domestic violence or a prior order of protection for domestic violence, the court will examine other types of relevant evidence regarding patterns of domestic violence by one parent against the other that shows detriment to the child. The court may consider any evidence of a pattern of conduct of exerting power and control over the other party, which may impact the other party’s ability to negotiate a fair result. The court will also consider any conduct that would create a reasonable belief by the other parent that the parent is in imminent danger.
Call to speak to a Ft. Lauderdale custody attorney and learn more about the laws that effect your child custody matters in Broward County, Florida.
Best Interest of the Child Trumps Even Sanctions for Misconduct
Tuesday, May 17th, 2011Florida like most states makes the best interest of the children the principle concern in all divorce, paternity and other child custody matters. The priority the court places on the best interest of the children essentially takes precedence over all other considerations in a Florida family law case involving minor children. This issue is of such paramount importance that it even takes priority over a court’s own interest in sanctioning inappropriate litigation practices. Courts have broad discretion to impose penalties on parties to civil litigation including Florida divorces and other family law cases. These sanctions can include precluding a party from asserting certain legal issues, exclusion of otherwise admissible evidence and financial sanction in the form of attorney fee awards. The Pinellas County case of Rahall v. Cheaib-Rahall, 937 So. 2d 1223 (Fla. Dist. Ct. App. 2d Dist. 2006) provides an excellent example of how the court’s determination to impose sanctions is limited by the best interest of the child standard in a Florida child custody case.
In Rahall, the husband in a dissolution of marriage case (i.e. divorce) was ordered to pay temporary attorney’s fees to the wife. After the husband failed to pay, the trial court entered sanctions barring the husband from conducting discovery and from pursuing his previously filed motion for an emergency change of temporary custody until he complied with the fee order.
The appellate court found this order by the Rahall trial court was inappropriate to the extent that it prevented discovery related to the husband’s motion for an emergency change of temporary custody. The court emphasized that the duty of the court to inquire into and ensure the best interests of the children prevailed over its determination that the husband’s conduct warranted sanctions. A parent’s actions in a lawsuit cannot trump a child’s right to have custody decided based on his or her best interests.
The appellate court also rule that the discovery sanctions were a violation of the children’s right to have custody awarded according to their best interest and were a departure from the essential requirements of law. If the husband’s allegations regarding the need for an emergency change of custody because of the inappropriate or unsafe conduct of the mother were accurate, the sanctions order would have deprived the trial court of its ability to protect the children from harm by leaving the children in an alleged dangerous situation until the trial was completed. The court prohibited the discovery sanctions that prevented the husband from bringing before the court his emergency motion to change temporary custody.
Rahill sets forth the clear principle that the best interests of the child are the primary consideration in Florida child custody cases. While a parent’s behavior in connection with the litigation may be considered in a custody decision, that conduct cannot be the determinative factor. This decision shows how fundamental the best interest of the child is in a Florida child custody case. The best interest of the child standard even takes priority over the court’s own interest in imposing sanctions on parties that abuse the litigation and discovery process or fail to comply with the court’s orders.
Because the best interest of the child standard is a detailed fact based inquiry, parents in any type of Florida child custody dispute should seek legal advice and representation from a Fort Lauderdale divorce attorney.
At Eric N. Klein & Associates, a Fort Lauderdale divorce attorney from our law firm represent parents with compassion and zeal. We know that in most family law cases, the most serious concern that parents have is the protection of their children. Our law firm represents parents in all types of child custody cases including divorces, paternity actions, guardianship proceeding and custody modifications so contact us at 1-954-580-8080 today.
School Performance Records Provides an Effective Measure of a Child’s Best Interest
Friday, May 6th, 2011In Florida divorces, the court normally favors shared parental responsibility between both parents of a child. When parents are not able to agree to a time-sharing plan, Florida courts will develop a plan specific to the best interests of the child and the child’s needs. Parenting plans in Florida divorces and child custody cases assemble a time-sharing schedule based on the areas of responsibility regarding the child’s education, health, dental care and residential time based on the demonstrated capacity of the parents to provide for the child’s best interest.
One important area that Florida divorce courts consider is the parent’s ability in promoting their child’s academic success. This includes communicating with the child’s teachers as well as the capacity of the parents to establish a consistent routine involving homework, meals, bedtime, and other daily activities. While there are many factors that go into the evaluation of the best interest of the child, school performance is an objective standard of performance and adjustment that is not easily manipulated. Often times when parenting plans are disputed, evidence can be manipulated or distorted to either parent’s advantage when seeking a favorable parenting plan.
This makes academic performance and proven success in the classroom and extracurricular activities at school an objective reliable basis for courts in Florida child custody cases. Florida divorce courts often look to school records, letters from teachers, grade reports, standardized testing scores, attendance records and disciplinary records as evidence that a particular time-sharing plan will either benefit or cause detriment to the child’s future school performance. This evidence is also used as objective evidence of a child’s adjustment to a living situation.
Most evidence provided to evaluate the stability of the home environment for a child may be manipulated or difficult to establish. For example, the court will consider any history of domestic violence or the preferences of the child in evaluating the potential impact of a parenting plan. In some cases, domestic violence, may be unreported. An unreported incidence of domestic violence places the burden on the victimized parent to prove that such history will be detrimental to the safety and welfare of a child. When there is no clear police report or court record regarding alleged domestic violence, the facts regarding what transpired may be in dispute. Similarly, a child’s preferences are sometimes manipulated or swayed based on promises of short-term rewards to a child for voicing a particular preference.
The other parent may also provide false information to the court as a method of obtaining a favorable opinion by the court. A strong academic performance provided by a parent where the child primarily resides often will be sufficient to neutralize false evidence where the facts are in dispute. This may be particularly relevant if the other parent alleges that the parent with whom the child primarily resides is providing an unstable environment due to substance or alcohol abuse, or other factors that create an unstable environment detrimental to the health, safety, and welfare of the child.
A useful approach when seeking a favorable time-share agreement for a parent with whom the child lives most of the time during the week is to produce school performance records that demonstrate the child’s level of achievement and academic standing. Academic performance and involvement with extra-curricular activities provides objective evidence of a child’s mental and physical stability. Performance in school indicates that the child is motivated and encouraged to maintain a stable academic record and that the child is driven to succeed.
Extra-curricular activities and participation in sports, choir, school debate or the academic decathlon are strong indicators of a stable social network as well as the potential development of strong social ties that are relevant to a child’s well being. A child’s academic performance and other activities in school are not only strong indicators of a child’s stability and well-being, but they also serve as strong indicators of a parent’s involvement with a child demonstrated by their capacity to be involved in the child’s daily routines.
Academic and extra-curricular activity also demonstrate the capacity of a parent to place the needs of the child before their own, which includes the ability to sacrifice time and money to communicate with the child’s teachers in parent-teacher conferences, to pick up and drop off the child at school and transporting and/or watching a child’s practices and competitions. A child’s proven success in school can be a critical factor in obtaining a favorable time-share plan.
At the Fort Lauderdale divorce law firm of Eric N. Klein & Associates, we often are able to negotiate an amicable time-share plan that is acceptable to both parents and their child. When this is not practical, we can develop a strong basis in favor of the time-share arrangement that our client believes is in the best interest of the child so call Eric N. Klein & Associates, PC at 954-580-8080 to see how we can help.
The Role of Parenting Plan Recommendations in Developing Florida Parenting Plans
Wednesday, May 4th, 2011If you file for dissolution of marriage (i.e. divorce) in Florida and have minor or dependent children, an important issue in your divorce will be developing a parenting plan. Parenting plans govern the relationship between parents and their minor children and define their respective rights, responsibilities and custodial time-share arrangements. All parenting plans in Florida include a time-sharing schedule, which outlines when the child will reside with each parent. The plan may also include arrangements on a wide range of issues involving the child’s education and health care as well as physical, social, and emotional wellbeing.
The parenting plan can either be developed by the parents or established by the court. A parenting plan developed by the parents must have the agreement of both parents and be approved by the court. If the court must develop a parenting plan, it will consider a wide variety of factors that affect the best interest of your child including those that impact your child’s physical, social and emotional wellbeing. The court establishes parenting plans if the parents cannot agree to a plan, or if the plan developed by the parents has been disapproved by the court. The parenting plan established by the court may be with or without the use of a court-ordered parenting plan recommendation.
A parenting plan recommendation is non-binding, and concerns one or more elements of a plan made by a court-appointed mental health practitioner or other professional designated under the Florida Family Law Rules of Procedure 12.363. When there are controversies in developing a parenting plan, such as time-sharing, parental responsibilities, and ultimate decision-making, the court may appoint a licensed mental health professional or other expert for the evaluation of your minor children. The mental health professional may either conduct an examination, evaluation, testing, interview of the minor child or conduct a social and home study investigation. You and your spouse may agree on the expert to be appointed, or the court will appoint an expert if you are unable to agree on who will perform the evaluation.
The purpose of social investigations and studies is to examine all pertinent details related to the minor children and their parents to provide the court with a written study containing recommendations for the court. The court may rely heavily on the recommendations of the court evaluator when implementing a parenting plan. Social investigations can be conducted by qualified staff of the court, a licensed child-placing agency, a psychologist, a clinical social worker, marriage and family therapist or mental health counselor.
The order for expert evaluation will include the issues that the expert must address and may require recordings of interviews of the minor child where such recordings shall be maintained in the expert’s file, and will include allocation of responsibility for payment. The parties involved in the custody dispute (usually the parents) are responsible for paying for the costs of the investigation and study. The court may also order the written report provided by the expert be evaluated by another expert should a party to the action file a motion for review.
It is also common that parents are asked to take a parenting course. The parenting course is designed to minimize the potential short-term or long-term detrimental economic, emotional, and educational effects of a child custody dispute on minor children. Parenting courses provide information regarding issues and legal procedures regarding time-sharing, child support, parents’ emotional experiences, problems related to divorce, family problems and emotional concerns of children, as well as the availability of community services and resources. These parenting courses are designed to educate, train, and assist divorcing parents regarding the consequences of divorce on both parents and children.
To maximize the benefits of the program, it is recommended that parents attend parenting courses in the early stages of their child custody dispute. These parenting courses will be approved by the Department of Children and Family Services and will last for a minimum of four hours. Other issues that are addressed in the parenting courses include spousal or child abuse or neglect, family relationships, family dynamics, financial responsibilities to children, and the legal aspects of deciding child-related issues between parents. If you are involved in a Florida divorce and have children, the process of going through a custody evaluation is a tricky process that is fraught with peril.
The Fort Lauderdale child custody attorneys at Eric N. Klein and Associates, P.A. can guide you through the process. Our Broward County divorce attorneys understand the importance of your relationship with your children and can assist you in developing a parenting plan that you believe is in the best interest of your children. We offer a free initial no obligation consultation so contact us today at (954) 580-8080.
The Consequences of a Unilateral Change in Your Child’s Residence or School
Monday, May 2nd, 2011When parents are involved in a divorce, it is potentially a very stressful and emotionally difficult time for both the parents and their children. One concern that many parents have is that the other parent may unilaterally remove their children from the family home or change the children’s school. With limited exception, this is a strategy that will almost always backfire. Both the statute governing custody in Florida and family law courts place a high value on stability and support in a child’s home environment and academic experience. A parent who removes their child from the family residence or school without permission of the court or the other parent may find that the court will view such conduct very negatively when developing a parenting plan in a contested custody situation.
If a parent removes the children from the family home or school without a court order or consent of the other parent, it is important to seek court action promptly. While Florida family courts are reluctant to grant emergency ex-parte orders, this is a situation where a Florida court may grant such relief because of the serious disruption in the child’s life. The interruption in one’s school curriculum cannot really be corrected by moving one’s child back to the former school after a noticed hearing, which may take more than a month to obtain. It is a good idea if the other parent has removed the child from the family residence or school not to delay in seeking relief. The longer a parent waits to challenge such unilateral action by the other parent the harder it will be to have the status quo restored.
A parent who feels it is important to remove the child from the family home or school should seek court permission or that of the other parent before taking such action. With very narrow exceptions, a parent who makes this type of change without approval of the court or permission from the other parent may end up fighting an uphill battle in any subsequent parenting plan dispute. This type of unilateral action may be viewed so negatively that the court decides to structure a timeshare schedule that is strongly weighted in favor of the other parent.
Admittedly, there are exceptions to the generalized view above that it is not advisable to remove your children from their school or the family home without the consent of the other parent or a court order. There may be extreme situations that pose a serious threat to the safety of your children including:
- Child abuse, endangerment or neglect by the other parent
- Spousal abuse toward the parent leaving the home particularly in the presence of the children
- Use of narcotics or alcohol that places the children in danger
- Violent criminal activity involving the other parent
Even if you are faced with these very extreme situations, it is essential that you seek legal advice immediately if you are contemplating unilaterally removing the children from the family home or school without the consent of the court or the other parent. There are certain procedures that may be used in such situations so that it is clear that a parent’s actions are not designed to circumvent the jurisdiction of the court over developing a parenting plan.
A Fort Lauderdale child custody attorney can provide legal advice and guidance if you feel you must take such extreme measure to protect your children. Many parents who have taken unilateral action of this kind without legal advice have been met with very undesirable timeshare arrangements.
Each Fort Lauderdale divorce lawyer at Eric N. Klein & Associates is experienced in representing parents involved in child custody disputes throughout Florida with offices located in Boca Raton, Fort Lauderdale and Palm Beach Gardens. We understand that the wellbeing of your children is the most important issue in your family law dispute so call us today at 954-580-8080 to see how we might be able to help.
The Value of Taking the High Road in Florida Child Custody Cases
Tuesday, April 19th, 2011Thousands of Florida residents are affected annually by divorce with ten Florida cities ranking amongst the top fifty cities nationally for the highest divorce rate. While anyone facing divorce may be confronted with difficult challenges, there is no single issue that is more problematic than protecting and planning for the wellbeing of one’s children. Many parents justifiably have fears that divorce may mean the loss of their parent-child relationship or in serious emotional trauma to their children. While divorce can be stressful and anxiety-filled for your children, the process is designed to protect children to the degree possible. The fundamental standard used by Florida courts and those of most states in child custody matters is the “best interest of the child.”
While the court will analyze a number of factors that may affect your children in applying this standard, one of the factors that carries an enormous amount of weight is the likelihood that a parent will encourage “frequent and continuing contact” with the other parent. This means that there is a direct relationship between your willingness to promote your children’s relationship with the other parent and the likelihood that you will be viewed favorably by the court. Parents who exhibit animosity toward other parent, disparage the other parent in front of the children or frustrate the other parent’s visitation may find that such tactics have serious negative consequences.
Tactics like these will not only increase the stress and anxiety that your children experience in your divorce but can adversely impact your chances to obtain favorable custody or visitation arrangements. The strong emphasis on this issue in Florida divorce cases is embodied in Title VI, Chapter §61.13 (2)(b)1 which provides: “It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.” This means that when parents cannot agree on a parenting plan the court will look closely at how to structure a relationship that will protect your child’s relationship with not only you but also the other parent.
This means that the more cooperative and magnanimous you are toward the other parent in providing access to your children the more likely you are to fair well in a child custody dispute. Whether a mediator, judge or child’s attorney is looking at the situation, they will pay careful attention to such things as the following:
- Parents not encouraging visitation with the other parent
- Indications that a parent is communicating negative attitudes about the other parent to the children
- Disparaging comments about the other parent in the children’s presence
- Requests for sole custody or supervised visitation where there is no factual basis for such a request
- Flexibility of a parent in adapting to changes in schedule or special situations of the other parent
Divorce is never easy and can be characterized by hard feeling and animosity. If you have children, there are important reasons to conquer these feelings. A pattern of cooperation toward the other parent when it comes to co-parenting and providing access to your children’s lives will typically mean that both you and your children are happier with the outcome of your divorce. We know it is sometimes difficult to structure a constructive relationship and spirit of cooperation with a spouse during a divorce. Our experienced divorce attorneys in Fort Lauderdale will help you negotiate a workable and sustainable parenting plan that works for both you and your children.
We provide an initial no obligation free Florida divorce consultation.
If you or someone you love is considering filing for divorce in Ft. Lauderdale, Florida, or has any other family-law-related needs, the Fort Lauderdale divorce attorneys of Eric N. Klein & Associates, P.A. may be able to help. To discuss your needs with us in detail and learn more about what we may be able to do for you, please contact us today by calling 954-580-8080.
