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Plantation Family Law Blog

Courts give Richards custody of Sheen's ex's children

Child custody and support are usually two of the most contested aspects of a divorce. It requires careful negotiation and numerous hours of good-faith discussions to get everyone on the same page and, eventually, to get both parties to accept the parameters of their agreement.

The circumstances of such cases are often complicated; and Broward County residents need not look further than Charlie Sheen and Denise Richards, a former celebrity couple that are back in the news after Sheen requested Richards have custody of the kids he had with his third ex-wife, Brooke Mueller.

Florida bill to allow children to remain in foster system longer

A new bill has been proposed in Florida that would allow for foster care programs to allow children to remain within the system until they are 21, and it would also allow for other financial assistance and educational opportunities to continue to exist. Under our current child custody system, many foster children do not have the job skills to survive financially by the time they are being asked to leave the home.

Often children are not ready to leave home by the time they turn 18-years old. The risk is even higher for foster children that often have had no stable home or been provided any sort of financial or emotional support while growing up. Advocates have complained for years that the system has been inadequate in providing these foster children with what they need.

Child support conflict between high income parents

Determinations concerning the amount of child support owed are seldom easy. It's especially dicey when the individuals involved are self-employed, receive significant incomes or are in possession of a large number of assets.

In one circumstance where both the mother and the father of a 5-year old girl are millionaires, one of the couple is accused of concealing income for the purposes of child support. What's unusual about this circumstance is the person accused of hiding the income is the custodial mother of the child. She is accused of concealing her financial circumstances so that she could obtain more than $50,000 per month in child support payments from the biological father.

Florida's SB 718 contains alimony and child visitation provisions

Florida Senate Bill SB 718 (SB 718) was put in place foremost to reform alimony laws in place in our state. Lawmakers have since passed the bill and it has now been placed on the desk of the Florida's governor for his signature.

Many supporters of the bill have maintained that the reform is necessary due to judges having too much discretion concerning alimony decisions. Opponents of the bill feel women have too often been denied professional opportunities to gain work experience and education because they needed to stay in the home to raise the couple's children. Now the spouses that have agreed to take care of the financial needs for the other spouse may wish to go back on those obligations after a divorce has occurred.

So-called anti-sharia legislation may still become Florida law

A Florida legislative committee has voted 5-4 on what is called the "anti-sharia" law. What this means is that SB 58 could still become law. If passed, it would prevent Florida courts from applying foreign laws in divorce and child custody dispute. It appears that the bill is mostly designed to prevent couples from using the Quran when making arguments in courts.

The attempts to pass this law have created opposition and controversy. Many critics have felt the legislation is not based upon any real need in our court systems. Though one legislator claimed it is "not a blanket prohibition against international law" in divorce type cases, a number of organizations state that the bill would have an effect upon divorces of Jewish couples. Some feel it would prevent divorce settlements made under Israeli or Jewish law from being recognized.

Child custody matter involving Carole Crist

With more divorces, second and third marriages, and children from each of those marriages, child custody matters continue to become more complex. The wife of former Florida Governor Charlie Crist found herself involved in such a circumstance when she attempted to regain custody of her two teenage daughters. Though a judge had earlier granted the father full custody of the two girls while the mother was out of the country, that order had been vacated in part because there were problems with notice.

The former governor is her second husband. Her first husband who is also the father of her two daughters has also since remarried. The father of the daughter and his new wife have since given birth to a new son.

Adoptive parents awarded custody in complex matter

Though not in Florida, one recent child custody matter in another state demonstrates how complex these matters can become - especially in light of a number of social and cultural considerations. One state's Supreme Court ruled that the best interests for two young girls would be best served if they remained in the care and custody of their adoptive parents rather than be turned over to their biological grandparents.

This matter was complicated by the fact that the girls and their grandparents are black while their adoptive parents are white. Also, the adoptive children live in an urban area in a northern state (the state where this decision was tried) while the grandparents live in a rural area a long ways away in a southern state. The decision thus raised a number of questions concerning race, culture and identify relative to where the children's best interests lie. 

The need for civility concerning child support situations

An article tells the unsettling story of a so-called "deadbeat parent" that apparently fled to Florida and many other locations to get out of his paying his child support obligations. Eventually, this father ended up in jail and his picture was plastered all over the social media pages announcing that he had been in arrears in paying his child support since 2002.

Though many individuals on Facebook felt the need to vent their indignation, it remains unclear what benefit anyone had in such publications. While the father was undoubtedly in the wrong in trying to flee his court ordered child support obligations, the one other individual most likely harmed by all of the publicity was the child for whom the child support was intended to help.

Divorce and a child's religious upbringing

A recent study has shown that children of devout parents will often make a break from their faith if their parents also happen to divorce. There could be any number of reasons for why this occurs. However, what it does demonstrate is that a divorce can greatly alter the direction that a child's life might take.

It has long been thought that children of divorced parents were less religious to begin with. Yet this study suggests that children were even more likely to leave the church following their parents' divorce when they were raised in a deeper religious environment. What this study also found was that the phenomenon of children leaving their faith following the divorce was occurring regardless of what religion children may have been raised in.

Same-sex couples and child custody and visitation rights

We've spoken in the past about same-sex couples facing visitation and child custody battles in the courts. For example, just recently a sperm donor was granted parenting rights in Florida when the child was already being raised by the biological mother and the mother's partner.

Certain authorities feel that such a decision is somewhat troubling. For example, a spokesperson for the Florida Family Council expressed concerns that for heterosexual couples, the primary concern is the best interests of the child. However, he felt that when it came to homosexual couples, adult choices often take precedent over the needs of the child.

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Law Offices of Kelley A. Joseph, P.A.
900 South Pine Island Road, Suite 230
Plantation, Florida 33324
Phone: 954-376-4826
Toll Free: 888-392-5784
Fax: 954-376-5372

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Law Offices of Kelley A. Joseph, P.A.
900 South Pine Island Road, Suite 230
Plantation, Florida 33324
Phone: 954-376-4826
Toll Free: 888-392-5784
Fax: 954-376-5372
Plantation Law Office

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