Articles Posted in Timesharing

That dreaded word in a divorce:  Alimony. Alimony is determined by the court after looking at one party’s actual need versus one party’s ability to pay. After equitable distribution is determined, the court reviews what money is left over, if anything, and considers the parties’ circumstances to come up with a fair award.  Some questions to answer:

  • Length of the marriage
  • Standard of living the parties are accustomed to

In Florida, divorces with children involved primarily focus on the parenting plan first.  The parenting plan determines numerous factors in raising your children and will be the document most referred to after the divorce is finalized.  It is important that the plan is tailored to you and your children and accounts for the best interest of the children.  Before filing for divorce, you should consider whether you would like to request one of the following:

  • Shared Parental Responsibility: Both parents confer and jointly make all major decisions affecting the welfare of the children, such as education, healthcare, etc.
  • Shared Parental Responsibility with Decision Making Authority: Both parents attempt to agree on major decisions, but one parent will have the ultimate decision-making authority.

In Simmonds v. Perkins, No. SC17-1963 (Fla. 2018), the Florida Supreme Court decided to take up the question of whether a biological father is entitled to rebut the common law presumption that the mother’s husband is the legal father of a child born to an intact marriage, where the mother or her husband object to allowing such rebuttal.  The Court held that the biological father may rebut the presumption of legitimacy when he has “manifested a substantial and continuing concern” for the welfare of the child.  The presumption of legitimacy may be overcome by a “clear and compelling reason based primarily on the child’s best interests.”

fatherThis case involved the child’s mother, Treneka Simmonds, and biological father, Connor Perkins, and their daughter.  When Perkins and Simmonds were together, Perkins was never told Simmonds was married to a man named Shaquan Ferguson.  When Perkins did find out Simmonds was married, she told him she was married for “immigration purposes” and was going to get a divorce.  Perkins was there when the child was born, taken the child to the doctor, enrolled the child in daycare, and even had sole physical custody for awhile.  The child called him “daddy.”  Perkins’ mother is also know as her grandmother.

Perkins decided to file a petition to determine paternity, timesharing, and child support.  Simmonds moved to dismiss the action based on it being barred by the common law presumption of legitimacy because Simmonds was married to Ferguson.  Perkins then added Ferguson as an additional party, amended his petition to seek disestablishment of Ferguson’s paternity, and alleged it would be in the child’s best interests for him to be recognized as her legal father.  Ferguson also moved to dismiss under common law.  The trial court dismissed Perkins’ petition because of previous Fourth District precedent stating that the putative father cannot seek paternity when the child was born in an intact marriage and the married woman and her husband object.

In 2016, Angelina Jolie filed for divorce from Brad Pitt after he got into an altercation with his son Maddox on a plane that resulted in an FBI investigation.  You may have heard about the custody battle with their six children that has ensued.  Recently, a judge apparently ordered “new restrictions” regarding Angelina’s participation in how Brad interacts with the children.

Child custodyThe Judge wrote, “[The children] not having a relationship with their father is harmful to them.  It is critical that each of them have a healthy and strong relationship with their father and mother.”  The Judge also state, “If the minor children remain closed down to their father and depending on the circumstances surrounding this condition, it may result in a reduction of the time they spend with [Jolie] and may result in the Court ordering primary physical custody to [Pitt].”  The Judge created a visitation schedule for Brad to see his children over the summer with the children continuing to receive therapy.

It seems the Judge is trying to prevent parental alienation.  Parental alienation is the psychological manipulation of a child into showing unwarranted fear, disrespect or hostility towards a parent and/or other family members.  Check out 9 warning signs that parental alienation might be present here.

National headlines were made when the wife of former U.S. Open champion Lucas Glover was arrested for domestic violence battery and resisting arrest in St. Johns County, Florida on May 13, 2018.  The altercation allegedly occurred after Lucas Glover missed the 54-hole cut at The Players Championship.  Lucas Glover told authorities that his wife gets violent every time he does not play well in a major PGA Tournament.  There were allegedly visible injuries on Lucas Glover and his mother.  Krista Glover faces a court date on May 31, 2018 and was released on a $2,500 bond.

The Glovers children were present at the home when the incident happened.  Krista Glover had been drinking throughout the day and started yelling profane insults at Lucas Glover in front of their children and his mother.  Lucas Glover told her to stop the argument while in front of the children.  The children were in bed when the physical altercation happened, and it is unknown if they observed any of the altercation or the subsequent arrest afterwards where Krista Glover allegedly resisted arrest. The couple was married in 2012 and have two children, a two-year-old son and a 5-year-old daughter.

The consequences of arguments in front of the children can be serious to both the aggressor and the victim.  The Florida Department of Children and Families may become involved if they receive an abuse report to investigate regarding the situation, which could even lead to possible removal of the children from both parties if it is alleged Lucas Glover failed to protect the children from multiple instances.  Also, it is key that alcohol was involved.  Drinking is perfectly legal and acceptable; as long as there is not a demonstrable effect on the children.  If there is a demonstrable effect on the children, alcohol treatment would most likely be ordered by a dependency court.

Child custodyWhen can you ask the Court for an emergency child pick-up order? If your ex-spouse or, if you have not been married, the other parent takes your child for timesharing and does not return the child, what can you do?  What are your options if the child is taken out of the State of Florida?

What is an emergency pick-up order?  An emergency pick-up order is an order signed by the Court that directs the sheriff or other law enforcement officer to take a child from the person who has physical possession of your child and deliver the child to your custody.  The process is started by filing an Emergency Verified Motion for Child Pick-Up Order.  You must attach a certified birth certificate if you are the birth mother of a child born out of wedlock and no court order of paternity exists.  If you have a judgment establishing paternity or a court order showing you have legal custody, you attach a certified copy to your motion.

Compliance with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a must to ensure that Florida has jurisdiction.  See Fla. Stat. 61.514.  Florida must be the child’s home state within 6 months before the commencement of the proceeding.  The conditions in 61.514 specifically indicate under what circumstances the Court can take jurisdiction.

travel service passportWhat do you do when you want a divorce but your spouse has left to go to a foreign country?  How do you serve your spouse with divorce papers?  It can be a very complex and scary process; even to a lot of lawyers.

To commence a divorce action, there must be personal service on a spouse, meaning that a copy of the petition may be served on your spouse by sheriff or certified process server at their usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents.  The spouse may also be served at their employment in a private area designated by the employer after contacting the employer.  Service may also be made on a spouse doing business as a sole proprietorship at their place of business by serving the person in charge of the business at the time of service if 2 attempts to serve the owner have been made at the place of business.

International service of process is governed by the Hague Convention on the Service of Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Inter-American Service Convention “IASC,” with an Additional Protocol.  There are some countries who are not a part of the Hague Convention and special rules apply for these countries.

co-parentingMuch that happens in life depends on the attitude that we have about things. Co-parenting and raising children properly after divorce or a relationship with the other parent has ended is no exception.   Having the right attitude is key. I’ll share a brief example using my son.

My 15 year old is genuinely a good kid. He’s silly and acts very much like a teenager, but inexplicably woven into the fabric of who he is lies a level of maturity that is beyond his age.   My son loves football and plays running back. A few weeks ago, I don’t remember the reason why, but he missed practice twice during the week, including the last day of practice before the game on the following Saturday. As a result, the coach put him on the line to block rather than allowing him to play his normal position. Now, he was upset about it, but you would never have known by watching him block with all his might, which is what he did all game long. He played his part for the day, even though it wasn’t his normal position or one he was happy with. What mattered most to him was winning. He and his teammates still had a common goal, no matter what position he played that day.

The coach commended him after the game for having the heart that he does, and also explained why he did what he had done by putting my son on the offensive line. The following week, he was back to scoring touchdowns as running back. (His team won the championship in their division by the way.) Way too often parents lose sight of the overall goal—happy, healthy children. They are petty and resentful, and don’t work together to ensure the success of their children. As co-parents, you must see the other parent as a teammate. You cannot continue to hold grudges and view them as an enemy. Having that attitude will hinder the team’s performance and make winning nearly impossible.

The need for emergency pick up orders can be brought about for various reasons.  A couple of the most common reasons I’ve encountered in my practice as a Jacksonville family lawyer are appropriate to set the stage.  Families made up fathers, mothers, and children where the parents were never married are common.  When these families split, there are less issues to address than in an actual marriage, but the most important issue still remains– the children and how time will be split between the parents while continuing to raise them together.  Under Florida law, the mother is the natural guardian of a child born out of wedlock.  A father’s signature on a birth certificate creates a legal presumption that the father is, in fact, the father, but does not give automatic rights to the father for visitation.  Visitation rights, referred to as “time sharing” must be established by the court with a parenting plan approved by the court.

Emergency pick up orders are sometimes necessary.I have found that most couples split without going to the court and filing paternity actions so a parenting plan can be established.  They attempt to sort out visitation without family lawyers and without judges.  This can work, but there are issues that can become thorns for the parents.  Two common issues I encounter as a Jacksonville family lawyer are: (1) one parent refuses to send a child back after the child has been with the other for time sharing; and (2) one parent believes that the child is in some sort of danger while in the care of the other parent and wants the court to help reclaim possession of the child.  Of course, these issues can arise even when a parenting plan has already been put in place, but resolving the issues is easier when there is an established case and a parenting plan in effect.  Note that there are different variations of scenarios that include couples that were once married and couples that were never married; however, the general principles are the same. Continue reading

According to Florida law, “It is the public policy of this state 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.”  Simply put, people are expected to co-parent, meaning that they act as if they are still together, at least as far as it relates to the children.  This idea can sometimes get lost in the mix of things.  As a Jacksonville family lawyer and divorce lawyer, I have found that some of the biggest issues in family and divorce cases come from people’s emotions getting the better of them.  Spite can mix with anger and other emotions and lead to parents making irrational decisions concerning the parties’ children.  Way too often these irrational decisions manifest in a lack of co-parenting between parties.  The state’s policy is that each parent will have the right to spend quality time with the children, the right to participate in the lives of the children, and be part of major decisions affecting the children.  Even more important than the parents’ rights is the children’s well-being and best interest.  Having both parents involved in a child’s life is normally the best thing for him or her.

Co-parenting means children don't have to choose a parent.When a father and mother are properly co-parenting that means they are each doing what is necessary to make the lives of the children and the success of the children their number one priority.  They are working together to ensure that the children’s best interest are always put first. Simple courtesies must come from both sides, because things will arise that make it necessary for accommodations to be made for and by each parent.  For example, if a parent is running late to pick a child up for visitation, if the parenting that is waiting with the child doesn’t give a reasonable amount of extra time, this could cause issues.  When the parents don’t get along, they don’t co-parent well, and what happens a lot of times is the waiting parent won’t allow the late parent to pick the child up due to being late.  This is not successful co-parenting.

Other than being the right thing to do for the children’s sake, the willingness of the parents and their ability to successfully co-parent is something that courts will take into consideration when making decisions about custody and timesharing during a divorce or timesharing modification AND, it will be considered afterwards, if contempt proceedings come about. Parents lack of co-parenting after a parenting plan has been put into place will continue to cause issues and create more litigation, because the parent that feels wronged will sometimes file a Motion for Civil Contempt.  Contempt actions are all about a person not doing something that the judge has ordered.  Here, if a parent is not cooperating or following the parenting plan, he or she could be found in contempt and have sanctions, such as fines, imposed.

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