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Plantation Family Law Blog

Can I limit the time my children spend with their grandparents?

Just as Florida spouses might take action to prevent their children from having to spend time with a biological parent, they may also wish to limit their children's contact with grandparents.

In the case of a biological parent, parents will need to present evidence of violent criminal activity, endangerment of the children and other information to show that visitation with the mother or father is not in the best interest of the children. With grandparent, it may be easier to deny them contact with your kids.

Robin Thicke accused of domestic violence in child custody matter

Robin Thicke was hit with a request for a temporary restraining order late last month. A judge granted the restraining order, and also granted temporary sole custody of Thicke's 6-year-old son, Julian, to his ex-wife Paula Patton. The temporary custody and restraining order will last until at least Feb. 24, which is the date of their next court hearing.

In the meantime, Thicke is prohibited from making contact with his ex-wife and son, except for supervised visitation time. Thicke will be permitted to spend time with Julian in the presence of a court-approved supervisor.

What does it mean if you have physical custody?

There are two main types of custody that parents can have in Florida. Those are physical custody and legal custody. Legal custody refers to the ability to make decisions about your child's life, upbringing, medical care, religion and education. Physical custody refers to the parent that the child lives with. If you have physical custody, you will be the parent who offers daily parenting care to the child.

In some cases, one parent will be the only one who has physical and legal custody of the child. This is referred to as "sole custody." Single parents who have sole custody of their children will not have to answer to the other parent when it comes to the decisions they make regarding their children or child. However, the other parent might have visitation rights that must be honored.

What to expect during a Florida child custody hearing

Most Florida parents prefer to reserve the right to make their own child custody arrangements. Therefore, they will likely come to an agreement about child custody without the need to go to court. However, not all parents can agree on how to share custody. These parents will need to have a child custody hearing before a judge.

When making a decision on child custody, Florida family law courts will have the freedom to consider any information that is relevant to your case. Of paramount concern to the court in any child custody decision, will be the best interests, health and safety of the children involved. In fact, the court will honor your child's best interests over the best interests of you and the other spouse.

When can a court decide a child custody disagreement?

Almost all states, including Florida, have adopted the Uniform Child Custody Jurisdiction and Enforcement Act. This act creates standards that direct courts when they are making custody decisions. When it comes to deciding any case relating to a child custody arrangement, a state court can only make such a decision in cases where one of the below circumstances is true:

-- The state is the home state of the child, which means that the child was living with his or her parent in the state for a period of six months or more. Or, if the child isn't currently present in the state, the child has been residing in the state for at least six months.

5 types of supervised visitation

Most Florida parents who are engaged in a difficult custody battle know that supervised visitation programs exist. In these programs, a parent -- usually one who has a criminal record or history of violence -- will only be allowed to visit with his or her children while being supervised. However, most parents do not know what supervised visitation will look like exactly.

Here are five ways that supervised visitation might be carried out:

Florida father denied parental rights because partner was married

A father in Florida lives close to his son -- only several blocks away -- but he isn't allowed to see him. After a harsh ruling from a state judge, he has been denied all of his parental rights because the woman who gave birth to his baby boy was married.

Under Florida law, when a woman is married, the man who impregnates her cannot assert his paternal rights -- even when biological and DNA evidence are presented to prove that he is indeed the father. In this case, the father of the child was living with his girlfriend, who was separated from her husband. She soon became pregnant, however, and that prompted her to go back to her husband.

Drug allegations become an issue in Uma Thurman's custody battle

Uma Thurman's ex-husband Arpad Busson is alleging that Thurman is abusing drugs in their child custody lawsuit. According to court documents submitted by Busson, Thurman is mixing drugs and alcohol and is also mentally ill. He has asserted these claims in the custody battle over their four-year-old daughter, Luna.

The allegations stated that Thurman has been taking Wellbutrin, Triazolam and Klonopin. In response to the allegations, Thurman's attorney was able to stop the opposing counsel's questions that targeted her use of three medications for insomnia, depression and anxiety, while also drinking alcohol.

How does divorce affect my teenager?

Teenagers are in the process of organizing their values, ideals and beliefs so they can incorporate them into a cohesive self-identity. However, the circumstances surrounding a divorce can trigger a teen to feel insecure about his or her identity. It can also make a teen feel insecure about future relationships and his or her future life path and finances. As such, to ensure the psychological wellbeing of their teens, divorcing parents will want to keep several things in mind about their children. 

A sense of self-sufficiency is very important for teenagers to weather the storm of a divorce. Without a strong sense of self-sufficiency, the stresses of divorce could cause a teen to become rebellious, resentful or carry out self-defeating patterns. For example, perhaps the teen makes friends with people who are harmful to him or her, chooses bad daily habits, changes his or her appearance, alters his or her routine or becomes isolated and withdrawn. 

Florida mom asks for visitation after kidnapping accusation

The tragic story of a mother accused of kidnapping her baby girl is again in the news. The 24-year-old mother was accused of kidnapping her daughter across state lines in 2014. Allegedly, part of the reason why she absconded with the child was to prevent her daughter's vaccination. The woman is now slotted to appear in court this Tuesday to request visitation privileges from a Broward judge. 

The mother pleaded no contest last September to the criminal charges of removing her child from the state against court orders and interfering with child custody. As a result of the no contest plea, she was sentenced to serve two years under house arrest and an additional three years of probation. The Broward County Circuit Court Judge agreed to withhold adjudication -- meaning that it will not be put on the woman's criminal record -- as long as the woman serves out her sentence. 

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Law Office of Kelley A. Joseph, P.A.
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900 South Pine Island Road, Suite 230
Plantation, FL 33324

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