Two New Additions to Hillsborough County’s Family Law Bench

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Two judges have recently joined Hillsborough County’s Family Law/Domestic Relations Division.  Below you will find brief profiles:

Thomas - Family Diplomacy | A Collaborative Law FirmThe Honorable Cheryl K. Thomas

The Honorable Cheryl K. Thomas joined the Family Law Division in January 2011.  Judge Thomas was initially appointed to the bench in December of 2000 and then elected in September 2002.  Judge Thomas has also served in the county criminal and county civil courts.

Judge Thomas has been involved in the following organizations:

  • Progress Village Little League;
  • Coalition of 100 Black Women;
  • Greater Friendship M.B. Church; and
  • Women’s Army Corps.

The Honorable Thomas P. Barber

Barber - Family Diplomacy | A Collaborative Law FirmThe Honorable Thomas P. Barber joined the Family Law Division in January 2011.  Judge Barber was initially appointed to the bench in 2004 and then elected in 2006.  Judge Barber has also served in the circuit criminal and county criminal courts, as well as the Election Canvassing Board.

Judge Barber has authored numerous articles and taught complex litigation and trial advocacy as an adjunct professor at Stetson Law School.  Further, Judge Thomas has been involved in the following organizations:

  • Meals on Wheels;
  • Tampa Crossroads;
  • Bay Area Legal Services; and
  • Cub Scouts.

Financial Assistance Received on Behalf of a Child: Income for Child Support Purposes?

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A parent may be receiving government benefits not only for him or herself, but also independent benefits designated for his or her child.  Are the benefits received on behalf of the child considered income for purposes of calculating child support?

The Second District Court of Appeals answers affirmatively in Wallace v. Dept. of Revenue ex rel Cutter, 774 So. 2d 804, 808 (Fla. 2d DCA 2000):

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Restrictions on Time-Sharing

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Sometimes–such as when there is a history of domestic violence–courts order restrictions on time-sharing.  A video from GetLegal describes options that are available for restricted time-sharing.

Video: Preparing for a Child Custody Hearing

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GetLegal offers a helpful video on preparing for an evidentiary hearing in a child custody matter:

Video: Another Warning About Facebook and Divorce

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The following video from Fox 25 out of Boston warns family law litigants of the dangers of posting information on social networking sites such as Facebook:

Ten Tips for Divorcing Parents

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The following article was written by Mike McCurley for the American Academy of Matrimonial Lawyers:

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Divorce is never easy on kids, but there are many ways parents can lessen the impact of their break-up on their children:

  1. Never disparage your former spouse in front of your children. Because children know they are “part mom” and “part dad,” the criticism can harm the child’s self-esteem.
  2. Do not use your children as messengers between you and your former spouse.The less the children feel a part of the battle between their parents, the better. Read more →

General Rules Governing Mediation

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The Fifth Judicial Circuit of Florida (which includes Citrus, Hernando, Lake, Marion, and Sumter Counties) offers the following general rules for mediation:*

  1. Mediation is a supervised settlement conference presided over by a neutral mediator who suggests alternatives, analyzes issues, questions perceptions, uses logic, conducts private meetings with attorneys and their clients, stimulates negotiations between opposing sides, and keeps order. The mediator does NOT hear any testimony, review any evidence or make a decision. The only result of the Mediation Conference is the agreement, or non-agreement, of the parties. This is not an arbitration procedure.
  2. The appearance of counsel who will try the case, and their clients (a management representative if a corporate party) with full authority to enter into a full and complete compromise and settlement is mandatory. An insured party must have a fully authorized representative (not the attorney) of the insurance company attend the mediation conference. Read more →

Video: Judge Sullivan Discusses Dependency and Delinquency

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Judge Irene Sullivan, author of  “Raised by the Courts”, appointee of Florida Governor Rick Scott’s Law and Order Transition Team, and formerly a member of the Unified Family Court in the Sixth Judicial Circuit (Pinellas County), discusses dependency and delinquency in this video:

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Temporary Time-Sharing Modification Due to Military Service

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If a parent is activated, deployed, or temporarily assigned to military service, courts have the option of entering a temporary order that modifies a custody order.  That temporary order may provide the non-military parent with more time-sharing.  Due to recent changes to section 61.13002, Florida Statutes, the Court also has the option of designating a family member of the child to exercise time-sharing on behalf of the military parent.  Any temporary modification of the time-sharing will be dissolved once the military parent returns from the service, deployment, or temporary assignment.

Additionally, the temporary order may address child support by taking the following actions:

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Name Change: Restoring Civil Rights

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When a party files a petition for change of name, that party must swear under oath that his or her civil rights have never been suspended or, if civil rights have been suspended, they have subsequently been restored.  This requirement is found in Section 68.07, Florida Statutes.

When are civil rights suspended?  In general terms, civil rights are suspended when a person is convicted of a felony.  Those lost rights include the right to vote, hold public office, or serve on a jury.

Florida, like most states, provides for a process of restoration of those rights.  The person must apply to the Office of Executive Clemency.  In determining whether to grant a restoration, the Executive Clemency Board will consider, among other things, the following:

  • The nature of the offense;
  • Whether the applicant has any history of mental instability, drug or alcohol abuse; Read more →