Articles Posted in Custody

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Like any other parent, a divorced parent may wish to take their child on an international vacation to allow them to experience other countries. However, traveling to a foreign country with your child may be more complicated if you share custody with your former spouse. In certain cases, traveling with your child can even have serious legal consequences if you do not take the adequate steps prior to your trip. The following are some issues related to foreign travel that you may face.

What does your parenting plan say about travel?

Sometimes, divorcing parents may foresee that one or both will want to travel internationally with their child and may address the issue in the parenting and time-sharing plan that was signed by the court. If your parenting plan requires the other parent’s consent to leave the United States with your child, you should always abide by that plan and obtain consent. If the other parent refuses to give consent for the vacation, you may have to seek a court order before you can travel. If you do receive a signed letter of consent or a court order allowing international travel, you should always take those documents with you on your trip should an immigration officer at another airport ask to see them.

Does your child need a passport?

If you wish to leave the country and your child does not already have a passport, you may need the consent of the other parent if your child is under 16. United States laws require both parents to appear in person and sign the form applying for the child’s passport, or at least requires a signed consent form if one parent is not able to personally appear. If the other parent does not consent to your child being issued a passport, you generally have to demonstrate court-ordered sole custody to obtain one on your own.

Possible Consequences of Failing to Obtain Consent

If you ignore the above and leave the country with your child without the proper consent from the other parent, that parent may have the ability to initiate an international parental abduction case with the U.S. State Department. You and your child may also be entered into a database called the National Crime Information Center, managed by the FBI, as a possible kidnapping case. This means that law enforcement officers will likely be notified and apprehend you when you try to re-enter the country with your child. As you can imagine, international child abduction cases can have a profound effect on both you and your child and you do not want to risk being under suspicion of kidnapping when you were simply trying to take a vacation.

An Experienced Child Custody Lawyer in Boca Raton Can Help You

If you wish to travel internationally with your child and are concerned about the legal issues that may arise, you should not hesitate to consult with an experienced Florida family law attorney. Alan R. Burton is a skilled attorney who is thoroughly familiar with the custody laws in Florida and can help you plan for your international vacation. Call today at 954-229-1660 to discuss your situation today.

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In Part One of this article, we examined a few of the factors that Florida family courts consider when making time-sharing and custody determinations. The following is a brief overview of some additional factors that play a role in decisions regarding what is in the “best interest of the child.”

Moral Fitness of each Parent

Under Florida time-sharing laws, courts should examine the moral fitness of each parent when deciding how parenting responsibilities and custody should be shared. “Moral fitness” can refer to many different aspects of a parent’s life, including but not limited to the following:

  • Substance abuse;
  • Verbal or emotional abuse;
  • Having undesirable visitors in the home;
  • Having frequent, numerous casual romantic relationships with several different partners;
  • Unlawful behavior or association with individuals who participate in unlawful activities; and
  • Adultery, if the adulterous relationship had a negative effect on the child’s life.

A court wants to ensure that the child has a healthy environment in which to live and that the child is not exposed to immoral or undesirable behavior.

The Ability to Communicate with Each Other and Co-Parent

Because Florida laws favor a shared parenting relationship, courts want to make sure that two parents have the ability to communicate with one another and share parenting responsibilities in a healthy manner. This may include the willingness to abide by the court-approved time-sharing and visitation schedule. Additionally, if changes need to be made to the schedule, the court will try to determine whether the parents will be able to agree and work together regarding changes or whether they will want to drag the issue back into court each time a conflict arises.

Furthermore, each parent should be willing to keep the other fully informed of any developments or issues in the child’s life and to make decisions together regarding important parenting matters. Each parent should be supportive of the other parent’s relationship with the child and should not make disparaging remarks regarding the other parent to the child. This is all meant to limit the damage and stress of the divorce or custody battle on the child’s life.

All parents in Florida who will share time with a child must have a written parenting plan that sets out numerous guidelines, including:

  • The specific time-sharing schedule;
  • Which address will primarily be used for school and extracurricular activities;
  • How the parents will communicate with the child and with each other;
  • How the parents will decide on education and health care matters; and
  • Who will be responsible for which daily parenting tasks.

Courts must approve a parenting plan before it can go into effect.

Contact an Experienced Family Law Attorney for Assistance with Your Custody Case

Because of the wide array of factors a court may consider when making time-sharing and custody decisions, you should always have the assistance of an experienced Boca Raton family law attorney who knows how to handle this type of case. Working together with the other parent can often lead to the best results, and an experienced lawyer can help negotiate a parenting and time-sharing plan that works for everyone. If you are facing any type of custody case, do not hesitate to call the law office of Alan R. Burton today to discuss your case.

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Parents may face child custody proceedings for many reasons. While many custody determinations occur as part of a divorce case, others may occur following a paternity determination or to later modify a previous custody arrangement or parenting plan. While family court judges must evaluate each case based on its individual circumstances, the child time-sharing laws in Florida require the courts to use the same standard in every case. This standard is referred to as the “best interests of the child.”

Courts generally presume that it is in the best interests of a child to maintain contact and relationships with both parents and neither favor the mother nor the father. Additionally, it is generally preferred for both parents to be involved in the decision-making process regarding how the child is raised. The courts will consider many different factors relating to parenting and the needs of the child in question when determining what arrangement is in the child’s best interest. Though the law offers some suggestions regarding factors to analyze, the court has discretion to consider any factor it deems relevant to the situation. The following are some examples of factors that are regularly considered:

Safety and Health

First and foremost, the time-sharing agreement and parenting plan should keep the child healthy and safe. If a court finds that a relationship with one parent may put the child at risk, it will not favor a shared parenting arrangement. For example, some of the following factors may cause a parent to lose custody and visitation rights:

  • History of domestic violence;
  • History of sexual violence;
  • Any evidence of child neglect, abandonment, or abuse;
  • Evidence of substance abuse in the home of a parent; and
  • Mental or physical conditions of the parent that may keep them from adequately caring for the child.

If the court has concerns, it can allow visitation though require the visits to be supervised to ensure the child is safe.

Developmental and Emotional Needs of the Child

Courts want to make sure that a parent desires to foster and maintain a meaningful relationship with their child. For this reason, courts often examine how involved a parent has been in the different aspects of a child’s life thus far. This may include whether a parent has played an active role in the child’s education or extracurricular activities, whether a parent has a relationship with the child’s teachers, coaches, medical providers, and other important figures in their life, and whether a parent is familiar with and encourages a child’s friendships, hobbies, and other healthy activities.

Additionally, the court may examine each parent’s ability to provide a stable routine for a child, including maintaining current schedules for school and activities. Courts try to minimize the disruption in a child’s life and, therefore, will consider the geographic location of each parent’s home, whether the child will have to switch schools, whether constant travel between the homes will be exhausting for the child, and more. Whenever possible, a court tries to allow the child to remain in their current community and school.

The above are only some examples of factors that courts may consider when making custody determinations. We will explore more in Part Two of this article. If you have any questions regarding child custody, call the Boca Raton office of family law attorney Alan R. Burton for help today.

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When two people decide to end their marriage, one of the most contentious issues can be child custody. Florida law does not recognize the concept of “custody” when it comes to children, but rather imposes a “time-sharing” scheme that determines how much time a child or children will spend with each parent.  The law gives Florida courts wide discretion in ordering time-sharing determinations, which must be made by considering the “best interests of the child.” Time-sharing can range from equal time-sharing to sole parental responsibility for a child based on the particular circumstances of a case. The relevant statute lists a variety of factors that the court may consider, including the following:

Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.”

As a result of this provision, the court may consider anything it deems relevant to a time-sharing schedule, including a parent’s financial problems, criminal history, tendency towards domestic violence, substance abuse problems, or other issues that could affect the best interests of the child. On the other side of that coin, a court may also consider a parent’s efforts and demonstrated ability to manage and ameliorate these and other issues. While it is obviously true that individuals can make positive life changes without the intervention of professionals or support programs, these are often effective ways to establish the existence of positive change to courts making time-sharing schedule determinations between parents. Some of the types of activities that can influence a court making a time-sharing determination include the following:

Participation in a 12-step program – For parents who have had issues with substance abuse that has affected their perceived ability to parent their child or children, participation in a 12-step program may be the type of evidence that a court could consider in determining whether these issues still exist. Often, the testimony of a sponsor or other member can help establish that the parent is successfully abstaining from substance abuse.

Credit counseling – In some cases, a court may be hesitant to award a parent a significant amount of time-sharing with a child or children due to poor living conditions caused by financial problems. For example, a parent could be in living in substandard conditions or have a history of having utilities disconnected due to nonpayment. Participation in credit counseling courses and a period of financial responsibility may be sufficient to allay any concerns the court may have that a parent’s financial situation could be detrimental to his or her ability to parent.

Anger management or other forms of counseling – The relevant statute specifically mentions that domestic violence convictions create a rebuttable presumption of detriment to the child. This means that the burden rests on the parent convicted of domestic violence to present evidence that time-sharing with that parent would not constitute a detriment to the child. In addition, other acts of violence may also be considered by the court. Participation in anger management or other forms of counseling may be sufficient to convince a court that a parent is adequately dealing with any violent tendencies that may have existed in the past.

Contact a Boca Raton Family Law Attorney Today to Schedule a Free Consultation

Florida family law attorney Alan R. Burton is dedicated to helping people with family law issues resolve them as favorably as possible. Do not hesitate to contact our office today to schedule a free consultation.

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Many divorces involve heated custody battles regarding time-sharing with the children between the two parents. Florida law presumes that sharing time and fostering a relationship with both parents is in the best interest of the children, unless sufficient evidence is presented to the contrary. However, courts in Florida are significantly less concerned with the well-being of “children” of the furrier variety—namely pets, such as dogs and cats.

Dogs and cats often have very close relationships with their owners, much like a parent-child relationship. Often, couples who do not have children consider themselves parents of their pets. Therefore, if a couple divorces, the question often arises: How is time with the pet shared? While some states have laws regarding time-sharing of pets, Florida does not have any laws specifically addressing this issue.

Florida Courts Not Very Concerned About Pet Time-Sharing Determinations

In the 1990s, one Florida couple became involved in a fierce battle over the custody of their dog in the case of Bennett v. Bennett. The court gave the husband primary custody with visitation rights to the wife, however both parties filed numerous motions for modifications of the custody arrangements and took up a great amount of time in court. Finally, a Florida Court of Appeals decided that it is not a job for the courts to spend time deciding custody disputes over pets. The appellate court stated that courts have a difficult enough time resolving custody matters involving children, and they should not waste resources regarding pets. Instead, the decision stated courts should treat pets like any other type of marital property and divide ownership equitably.

Pets Often Treated as Property

Because Florida courts will generally not make pet custody decisions, pets are treated like marital property in a divorce. Because marital property is equitably divided between the spouses according to state law, the pet usually ends up solely with one spouse or the other. Since both spouses may have equally close relationships with a pet, they may each be willing to fight at length for possession of that pet. For this reason, pet ownership can lead to costly litigation in divorce cases.

If you and your spouse can come to your own agreement regarding sharing time with a pet, you may both get to spend continued time with the pet and the property determination will not be left up to the court. For this reason, it is always best for a divorcing couple to work on a compromise regarding pet time-sharing. If you are unable to come to a compromised agreement on your own, dispute resolution techniques such as mediation or collaborative divorce may assist you.

Pet custody is only one issue in a divorce that many couples do not foresee to be a contested matter. An experienced Boca Raton divorce attorney can help you negotiate to come to a favorable agreement so that you can continue to spend time with your beloved pet without the need for expensive litigation. If you are facing a divorce, call the law office of experienced attorney Alan R. Burton for assistance today.

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Imagine the following scenario: A woman with a one-year-old daughter marries a man who is not the biological father of her child. The stepfather takes an active role in parenting the little girl and considers her to be his own child. The biological father does not play a significant role in his daughter’s life. After twelve years of marriage, the woman decides to get a divorce and wants to cut all ties with her former spouse. The stepfather wants to seek visitation rights of the child he has considered to be his own for many years.

With the constant blending of families in recent decades, a stepparent’s right to visitation with a stepchild is a common issue that arises in divorce cases. Many people seek legal advice asking the following question: Do I have visitation rights regarding my stepchild following a divorce? Unfortunately, in Florida, the short answer to this question is no. Florida is actually one of four states that provide no rights to stepparents for visitation or parenting following a divorce. Though a stepparent will not have any legal rights regarding stepchildren on which to fall back, there are certain steps that a person can take to have a better chance of preserving the ability to visit with stepchildren after a divorce.

Work for an Amicable Divorce

Just because a stepparent has no legal rights to visitation does not mean that the divorcing spouses can never agree to visitation on their own terms. There are many tools that allow couples to decide their own fate in divorce and leave the decision-making power out of the hands of a judge. If you work to keep the peace with your spouse and engage in positive problem-solving techniques such as mediation or cooperative divorce, there is a better chance your spouse will recognize your honest desire to continue a relationship with your stepchildren and will agree to visitation.

Consider an Adoption

If the biological parent is truly not in the parenting picture and is willing to give up parenting rights, you may be able to adopt your stepchild as your own during the course of the marriage. Once you adopt a child, you will have the full rights and responsibilities of a biological parent, including rights to visitation and shared custody following a divorce. Though stepparent adoption is not an option in every case, it is always an option worth pursuing to ensure you retain access to your stepchildren should your marriage relationship sour.

If you are a stepparent who wishes to make sure you preserve a relationship with your stepchildren should you face divorce, it is a good idea to explore your options well before marital problems start, if possible. If you wish to pursue an adoption or simply want advice for an amicable divorce, experienced Boca Raton family law attorney Alan R. Burton can help you. We work for creative family law solutions that are the best result for everyone involved, so please do not hesitate to contact our office for help today.

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The state of Florida and particularly South Florida, is a melting pot of many diverse individuals from all around the world.

Due to the great diversity of people, you frequently see many Americans marrying people from foreign countries. When these couples have children, divorce can bring about some serious issues regarding the stability of the minor children.

Divorce frequently creates a considerable amount of anger between the parents, and the minor children are often times used as pawns by the parents.

In happier days, family trips abroad were generally wonderful experiences for the family and particularly for the children. Now that a divorce proceeding has commenced, just the thought of a minor child traveling abroad with one of their parents can send shivers up the spine of the other parent.

Parental kidnapping is a real event and it happens every day across this country. Just the other day a child was recovered in Mexico, after having been unlawfully removed from central Florida to that country by her father. This is the story of Cara Cox, as reported by CNN.

These kinds of situations can be prevented, but early action and intervention is required. Passports for children should be promptly removed from the control of a parent who has ever made a threat about kidnapping. Any threat should be considered “real”,
If a parent refuses to surrender a child’s passport, you should seek immediate relief from the court for a turnover of the passport. Additionally, a court order for supervised visitation or time sharing should be considered if the facts support that relief.

Immigration should also be alerted and put on notice of the potential threat.

There are state and Federal laws designed to assist in the recovery of children taken abroad unlawfully. An example is found in the provisions of the Hague Convention, which purpose is to foster cooperation and assistance from foreign countries in returning children.

These laws can be complex and tedious, and could take years to implement and enforce.

The better course of action is to be preventive, and take all immediate precautions as the circumstances warrant. Be proactive, and trust your gut feelings. .

Contact a Florida Family Law Attorney for Help

Family laws and court precedents can change on a regular basis. If you have any family law matter or concerns, you should always consult with a family law attorney who is familiar with Florida law and keeps up to date on any new changes. If you are facing divorce or any other issue in Boca Raton or Fort Lauderdale, do not hesitate to contact experienced lawyer Alan R. Burton for assistance today.

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Thousands of adoptions occur across the United States every year. Most of them proceed very smoothly and without any unexpected surprises.

However, there are a handful of adoptions that do occur that involve unsuspecting problems, and result in heart wrenching stories.

One recent story involves Sonya, a young child adopted by a Tennessee couple. The biological father’s rights were believed to have been terminated. The biological father received a 10 year sentence for illegally transporting firearms. State law provided for termination of his parental rights based upon the ten-year sentence that he received. This sentence paved the way for the adoption Sonya.

Unfortunately for Sonya, her biological father, whom she had never met, negotiated his ten (10) year sentence to 7 1/2 years, which resulted in reinstatement of his parental rights.

As you can well imagine, the outcome for Sonya has not been a pleasant one. The family court judge relied solely on biology, when he voided the adoption and placed Sonya with her biological father. The judge did not consider the best interests of the child, which should always be the paramount concern with this judge or any other judge.

The adoptive parents of bringing this matter back to the attention of the judge for him to consider the best interests of Sonya. You can read more about the story of Sonya by clicking on this link to CNN.

The primary concern for any family court judge should always be the “best interest” standard for the child. Biology, in many, many cases, standing alone, will not result in the “best interest” for a child.

If you are facing possible child custody or visitation issues, experienced Florida family law attorney Alan R. Burton will help you stand up for your rights with your child. He knows how to fight for you and your child. Do not hesitate to contact our offices in Boca Raton or Ft. Lauderdale for help today.

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Incredible as it sounds, the Massachusetts legislature is considering such a bill. The proposal should not be considered in a vacuum however, as it applies only in specific situations, when minor children are involved.

The proposal was designed to promote and protect the best interests of the minor children, whose parents are in the midst of a divorce.

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Robert LeClair, a local Massachusetts lawmaker proposed the bill, after going through a bitter divorce himself. The specifics of the bill would be to prohibit the parent in possession of the marital home, from engaging in any type of sexual relationship with a new partner during the parties separation, and prior to the divorce proceedings concluding.

The bill would would have to be passed by the state legislature, and then approved by the governor.

The language of the bill reads as follows:

“In divorce, separation, or 209A( restraining order)proceedings involving children and a marital home, the party remaining in the home shall not conduct a dating or sexual relationship within the home until a divorce is final and all financial and custody issues are resolved, unless the express permission is granted by the courts,”

The law, if passed, would raise some interesting questions about obtaining the necessary evidence to prove a violation of the law. Since children are generally not allowed to testify in court, absentee spouses will need to become quite creative in order to prove their case. This bill will most certainly keep the private detectives in Massachusetts quite busy.


Source:
The Huffington Post, “Massachusetts Bill Could Ban Sex During Marriage“, Emily Thomas, March 24, 2014

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Under Florida law, minor children are not permitted to move more than 50 miles away from their current residence, unless written consent is provided by a parent, or by court order.

An interesting situation arises when a minor child wishes to attend a private school in a out-of-state location. The obvious question becomes whether or not the attendance at this new school would be considered a relocation, thereby requiring the parent to comply with Florida Statute 61.13001.

The answer to that question was recently addressed in the case of Blakely v Blakely, 38 Florida Law Weekly D2170c. In that case the court deemed the attendance of the child at an out-of-state high school to be an educational decision for the child and not one of relocation, therefore the relocation statute in Florida was not applicable.

This analysis of the law was also set forth in the case of Young v Hector, 833 So2d 793, 794 (Fla. 3d DCA 2002).