Child Custody and “Best Interests”

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When a Florida family law judge makes a custody determination, the judge’s main concern is establishing a parenting plan that is in the best interests of a child.  The parenting plan will outline, among other things, parental responsibility (the authority to for a parent to make decisions regarding a child’s welfare) and a time-sharing (visitation) schedule.

A whole host of factors go into an analysis of where a child’s best interests lie.  The factors are laid out in section 61.13(3)(a)-(t), Florida Statutes:

(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

Parenting Coordination: By the Numbers

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Section 61.125, Florida Statutes, establishes an alternative form of dispute resolution, known as parenting coordination, for parents attempting to establish or implement a parenting plan.  This process involves a facilitator (referred to as a parenting coordinator) who is usually appointed by a judge to (i) teach techniques in co-parenting and (ii) make recommendations so that the parents are able to better work together in furthering the best interests of their children.  I find that parenting coordination is most often useful in high-conflict child custody situations.

In the most recent edition of Commentator magazine, psychologist Debra K. Carter reveals the results of a study conducted by the Florida Chapter of the Association of Family & Conciliation Court as well as the University of South Florida regarding parenting coordination:

[E]ighty-two percent of Survey respondents use a formal parenting coordination contract with their clients.  Sixty percent charge their clients by the hour with standard fees ranging from $90.00 to $220.00 per hour.  Seventy-eight percent reported that fees were always split 50/50 between the parties.

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What Is Your Former Spouse Thinking?

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Over at the Huffington Post, Allison Pescosolido, M.A., and Andra Bosh, Ph.D., discuss why you may be a mistaken when you attempt to read into your former spouse’s actions.  Here is an example:

Fiction: Your Ex has a new partner already, so he has “moved on” and forgotten about you.

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Family Law News: U.S. Congressman in Court over Back Child Support

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The Chicago Sun-Times is reporting that U.S. Representative Joe Walsh (R-Ill.) will be in a family court because he has failed to pay ordered child support.  His former wife claims that the congressman is in arrears of $117,000.00, including interest, for the parties’ three children.  The Sun-Times also reports that Representative Walsh admits not paying the ordered child support, but did so based on an agreement with his former wife:

Walsh said he had a “verbal agreement” with his ex-wife allowing him to stop paying child support because his income had fallen, hers had gone up, and the children were living with him as much as with her.

[Ms. Laura Walsh’s attorney] Coladarci said [Rep.] Walsh should have gone to court to modify the judge’s order regarding child support if he felt he couldn’t afford the payments because the court order is an obligation to the couple’s children, not to his ex-wife.

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Divorce and “No Fault”

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Since last year, New York, like Florida, has become a “no fault” divorce state.  Generally, this means that spouses don’t have to allege wrongdoing to have their marriage dissolved.  A petitioner simply has to allege that the marriage is broken beyond repair, and maybe give a few facts (such as a statement that the parties no longer are in love). But, according to attorney Doug Kepanis, at least one New York judge requires more:

In the case of Strack v. Strack, a wife sought to divorce her husband based on the New York “no fault” divorce statute. She alleged, in accordance with the statute, that “the relationship between husband and wife has broken down such that it is irretrievable and has been for a period of at least six months.” This is basically a paraphrase of the actual law.

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Video: Kansas Capital Decriminalizes Domestic Violence

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In a move that has unleashed outrage throughout the country, the Kansas’ capital city has repealed municipal criminal laws against domestic violence, resulting in suspects in domestic violence cases avoiding prosecution.

In Florida, victims of domestic violence may file for restraining orders, also known as injunctions, in civil court.  Section 741.28, Florida Statutes, broadly defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”    You may file a petition for injunction for protection against domestic violence if you have been the victim of an act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming of victim.

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When Is Permanent Alimony Not Permanent? When There Has Been A Substantial Change In Circumstances.

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When a judge orders a spouse to pay permanent periodic alimony, he or she may feel resigned to a lifetime of indebtedness to the one person he or she is trying to forget about. It’s that word, “permanent,” that seems so…well…permanent. But, believe it or not, Florida law has contemplated that there are times when permanent alimony may no longer be appropriate (or when the amount of alimony may be reduced).

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Tips on Communicating with a Divorcing Friend or Relative

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When a friend or relative is going through a divorce, you may be unsure how to handle sensitive situations.  For example, what if you are friends with a divorcing couple, and the wife expects you to pick a side?  How do you handle a situation when your divorcing friend avoids making plans with you because money troubles have greatly reduced his leisure budget?  What do you tell a family friend’s child who asks you questions about her parents’ divorce?  Author Denise Schipani discusses these and other topics in an article at womansday.com, excerpts of which appear below.

On how to respond to a friend that just told you she’s getting a divorce:

The best thing you can say in this situation is simply, “I’m here for you.” In a way, supporting a divorcing friend is not unlike supporting a grieving friend, because divorce—even if she wanted it, even if it’s relatively amicable—evokes similar feelings of loss.

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Study Shows Good Father-Child Relationship Can Temper Negative Effects of Divorce

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In a recent article in the Commentator Magazine entitled The Negative Impact of Divorce on Children, psychologists Lori Wasserman, Sheila C. Furr, and Theodore Wasserman discuss several studies which follow children before, during, and years after their parents divorce.  The article relays negative effects that divorce can bring out in children, including (i) difficulty in school, (ii) more behavioral problems, (iii) self-concepts that are negative, (iv) more problems with peers, and (v) more trouble getting along with their parents.

The article notes, however, that a close father-child relationship may help stem these negative effects:

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Video: Divorce TV – Collaborative Divorce Part 3

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Attorney Adam B. Cordover has completed advanced training in interdisciplinary  collaborative family law and is a member of the International Academy of Collaborative Professionals and the Collaborative Divorce Institute of Tampa Bay.

If you would like to speak with a collaborative lawyer and learn how the collaborative process can help your family, call The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our contact form.