The Children’s Best Interest

Every question related to a parenting plan is, at its core, about the best interest of the children.  Education is one aspect of child-rearing about which parents are likely to have strong opinions.  Some parents feel that sending children to a private school, even if it requires great financial sacrifice on the parents’ part, is the only way to ensure that the children study in a safe environment where teachers are genuinely invested in the children’s success. Others feel that private school tuition is an unnecessary expense and that parents could help their children more simply by saving money to help them with college tuition and other expenses related to early adulthood. The education issue is a perfect example of why parenting plans are individualized and not one size fits all.

In determining whether it is in a child’s best interest to continue attending private school after the parents divorce, judges tend not to take a position on whether the education the children will receive at a private school is better than what they would get at a public school. Rather, their aim is to cause as little disruption to the children’s lives as possible. If the children are already attending a private school, they have probably already formed friendships with their classmates and gotten used to having the teachers and school staff as a presence in their lives. Making them move to a different school would add another difficult adjustment to an already disruptive period in their lives.

Maintaining the Standard of Living

In determining amounts of spousal support and child support, judges take into account the family’s standard of living before the divorce. The idea is that it is not fair for one spouse to have to live much more modestly after the divorce than during the marriage, while the other spouse goes on with life as normal. Likewise, spending less time with the children after a divorce does not mean that you have less of a responsibility to support them financially. Forrest v. Ron was a Florida case involving child support obligations related to private school tuition. The court ruled that the parents had agreed to keep the children in private schools until they completed third grade; therefore, the children’s expenses, on the basis of which child support obligations were determined, reflected this.

Alan R. Burton can Help with Parenting Plan Questions

Every family is unique, and therefore, so is every parenting plan. Contact Alan R. Burton in Boca Raton, Florida if you think your parenting plan should be modified to better reflect your family’s needs and goals.

There are numerous factors that the court will look at in making its determination as to the best interests of the child.  All of these various factors are set forth in Florida Statute 61.13.  You can review the criteria under the statute and examine the nonexclusive list of things the judge will be looking at when you go to court.

What happens in a case, however, when only one biological parent is competing with a relative, for example, a grandparent, for custody and time sharing with a minor child?  How will the court look at a situation like this? Will the judge apply the same standards regarding the best interests of the child in structuring a time sharing or custody arrangement of the child?

There is a different standard that the Court will apply in a case like this.  The Supreme Court of Florida had an opportunity to review a disputed case of custody between a natural parent and a grandparent.  In the case of Richardson v. Richardson,  the Florida Supreme Court stated that the trial judge cannot rely solely on the best interests of the child standard, which is utilized when there are two biological parents or natural parents are litigating between themselves in a custody and time sharing dispute.

In a situation like this, the court engages in a two-step process.  First the court must first decide that whether or not it would be a detriment to the child if the child would remain with the natural parent.  If it would be a detriment, then the court would consider the “best interests of the child”.  To employ any other type of test, would put the grandparents on the same level as a natural parents, which is not authorized under Florida law.

Who has the burden of proof in cases like this?  The burden of proof squarely falls on the shoulders of the grandparent or other part person who is seeking to show that the natural parent is unfit, and that placing the child With that parent in would be a detriment to the welfare of the child.

This standard to be applied under the law, between competing interests of a natural parent and a grandparent was  set forth in the case of LaFleur v. Webster.  The LaFleur case also discusses who has the burden of proof of unfitness of a natural parent.  A natural parent does not have to prove their fitness.  A grandparent must prove the natural parent’s unfitness.

The same rules would apply in any case when a third party, whether a grandparent or not, is seeking custody of a child over the objections of a natural parent.  Their rights simply do not rise to the same level that a natural parent enjoys with their offspring.  It takes more than applying the “best interests of a child” when it comes to situations like this.

Alan R. Burton is a family law attorney with over 40 years of experience, practicing in Boca Raton, Florida. Seek his advice by calling him today at 954-295-9222 on all issues regarding minor children, or any other issue related to family law matters.

When you are seeking review of an inaccurate calculation for child support, generally the lack of having a transcript of the of the record from the trial court will be fatal to your review of any errors.  However, child support is a whole different matter, separate and apart from review of alimony or equitable distribution errors.  The reason for this is that child support is not a requirement imposed by one parent on the other, rather it is a dual obligation imposed on the parents by the State of Florida.  See Quinn v. Quinn, 169 So3rd 268 (Fla. 2nd DCA 2015).

The right of child support is a right that belongs to the child, and the parents do not have the right to waive the amount of the child’s support.

When minor children are involved in a proceeding, a parenting plan will have to be either executed by the parties, or determined by the court.  Additionally, a child support guideline worksheet must be filed in the case.

You must exercise caution in making certain that the number of overnights that each parent has, as provided for in their parenting plan, are the same number of overnights utilized in the calculation of child support in the child support guideline worksheet..

If not, when a discrepancy like this occurs, it is impossible for an appellate court to determine whether or not an unintentional mistake was made, or the number of overnights were intentionally contradictory in order to arrive at a certain amount of monthly child support.

Florida law does provide for a deviation in the amount of child support provided for under the guidelines.  A trial court has a right to deviate from the guidelines by more than 5% of the amount stated in the guidelines.  However, a final judgment must specify all the various findings in order to justify a deviation of more than 5%.

There is a point to be made here.  If the intention was to create a deviation from the Florida child support guidelines amount, be certain that the final judgment specifies all the reasons why a deviation is occurring, otherwise your case may be reversed on appeal.

No one likes to face the unnecessary expense involved with an appeal.  It is important to get things right the first time.  Call Alan R Burton, a Boca Raton divorce attorney for valuable advice regarding parenting plans, child support, overnight time-sharing, and any other matters related to family law and divorce.  Mr. Burton professionally represents individuals in divorce cases at the initial trial level, as well as the appellate level,

Mr. Burton can be reached at his office or on his cell phone any time of the day or night, 7 days a week. Call him today at 954-295-9222.

There is a basic premise under the law that states that absent an emergency, failure to give notice to the other party is tantamount to a denial of due process of law.   The appellate courts throughout the State of Florida routinely reverse temporary custody orders entered without notice to the other party, or with insufficient notice, or with insufficient opportunity to be heard.  Putting it a different way, there are at least two sides to every story, and both parties should be afforded the opportunity to present their position to a judge, prior to the Court making any adjustments regarding a previously existing time-sharing schedule between the parents.

The former husband, Basem Yunis, ran afoul of these basic principles when dealing with an ex parte motion seeking emergency relief.  You can read about the facts in his case in Suleiman v. Yunis, 168 Southern 3rd 319 (Florida 5th DCA 2015).

To modify custody on a temporary basis, the party seeking relief has the burden of proving two things.  First, you must prove that a substantial change in the circumstances of one or both of the parties has occurred, and secondly, that the best interests of the child will be promoted by any changes in custody or timesharing.

When an ex parte order is entered by the court, which has the effect of changing custody or timesharing, such relief may be granted in only limited circumstances.   Generally, there must be allegations that the child is threatened with physical harm or is about to be improperly removed from the state of Florida.   Any pleading short of those allegations should mandate a full evidentiary hearing, with notice and opportunity to be heard by both sides, rather than the court granting ex parte relief.

Along similar lines, a court does not have the legal authority to change a previously existing time-sharing schedule based upon an alleged violation of shared parental responsibilities under Florida law.  If the court were to do such a thing, any change would be based upon a punishment against a parent rather than the court considering the best interests of the minor child.   A change in time sharing or custody should never be imposed based upon a sanction for the misconduct or bad behavior of either party, but must always be based upon the best interests of the minor child.

Family Law disputes regarding minor children are extremely sensitive proceedings, which require a steady hand and common sense approach to resolving conflicts. Boca Raton divorce attorney Alan R. Burton has the demeanor to approach high conflict cases with a steady hand, in order to achieve a more expeditious resolution.  Mr. Burton is an attorney who is readily accessible by telephone.  You can call him today directly on his cell phone at 954-295-9222 to discuss any issues regarding any of your family related matters

The standard for changing the child’s name is whether the change is in the child’s best interests or is necessary for the welfare of the child. Azzara v. Waller, 495 So.2d 277 (Fla. 2nd DCA 1986) stands for the proposition that a minor’s surname should only be changed when the evidence affirmatively shows that such change is necessary as necessitated by the welfare of the child.  In Coolidge v. Ulbrich, 733 So.2d 1092 (Fla. 4th DCA 1999), the court stated that a child’s surname should remain unchanged absent evidence that the change is necessary for the welfare of the child.

When a trial court changes the surname of a minor child without adequate evidence, it constitutes an abuse of discretion.  A petitioning parent cannot meet the heavy burden in these situations by making assertions which are conclusory, speculative, unsupported by competent and substantial evidence, and irrelevant to the best interests of or for the welfare of the child.

Frequently a parent will attempt to change the surname of a minor child in order to distance the child from the other parent or for that parent’s particular own convenience.  This is what occurred in the case of Airsman v. Airsman, 179 So3d 342 ( 2nd DCA 2015).  When an attempt to change the name of a child is based on the slightest evidence, the relief will be denied, just as it was in the Airsman case.

Contact Boca Raton divorce attorney Alan R. Burton for further information on changing the name of a minor child, or any other issues related to divorce, paternity and family law.  Mr. Burton is readily accessible by calling him at 954-295-9222.

A party, in order to modify a final judgment of dissolution of marriage, must allege and prove an unanticipated substantial, material change in circumstances since the entry of the final judgment.  See the case of Chapman v. Prevatt, 845 So.2d 976 (Fla. 4th DCA 2003) for a further discussion of this topic.

In Blevins v. Blevins, 172 So. 3rd 568 (Florida 5th DCA 2015), the former husband successfully appealed his former wife’s supplemental petition seeking to modify their final judgment of dissolution of marriage.  The modification order in this case was based primarily upon the court’s concern regarding the distance of the child’s school, which was a one-hour drive from the former wife’s residence.

The residence of both the mother and father were known to the court at the time of the final judgment, when the court designated the father’s residence as the child’s legal address and address to be used for school designation purposes.  Any concerns related to this particular issue cannot form the basis for the modification order.

There are also many cases that stand for the proposition that “parents’ inability to communicate does not satisfy the substantial change requirement for modification.”   A parent needs to prove more than merely an acrimonious relationship and a lack of effective communication in order to show a substantial change in circumstances.

Modification proceedings can be straightforward or complicated, depending on the facts involved. Call Boca Raton divorce attorney Alan R. Burton at 954-295-9222 to assist you in reviewing the facts of your case that you want to rely on in seeking a modification of your divorce decree.

In the absence of a statutory or contractual provision to the contrary, the proper method to measure the distance between 2 points is the straight line or quote as the crow flies” measure. If the distance using the straight-line test measurement is less than 50 miles, a move can be made by one parent without consent from the other parent or approval from the court. This would be true even if the move is 49 miles away.

However, simply because a move is less than 50 miles away, does not mean that other aspects of a parenting plan would be effected.  A move 49 miles away would most definitely effect the school boundaries, and therefore the school that the minor child would attend.  Does this mean that the moving or relocating parent has a right to change schools without obtaining the other parent’s consent?

The answer to this question is usually no.  Once parents enter into a parenting plan, they generally provide for shared parental responsibility on all major decisions effecting the welfare of their children.  Educational matters are considered major decisions.  Therefore, if a move will trigger the enrollment of the minor child in a different school, a discussion must be held with the other parent, and the consent of the other parent to change schools must be obtained prior to removing the child from his or her existing school.  In the event the other parent will not consent, the matter must be brought before the court for a determination as to the best interests of the child.

A discussion of these issues, which involve the interrelationship between these principles, can be found in the case of Dickson v. Dickson, 169 So. 3rd 287 (Florida 5th DCA 2015).

The Florida Supreme Court has approved a form for a Parenting Plan (Form 12.995(a) to be used in a divorce case or paternity case. Caution should be exercised when completing this form.  Although the form contains many multiple-choice type selections, the parenting plan can also include, and should include, specific matters that are unique to your own particular family situation.  An experienced divorce attorney in Boca Raton and Fort Lauderdale should always be consulted with prior to executing any parenting plans or other legal documents which will substantially affect the welfare of your minor children.  Attorney Alan R. Burton, a seasoned and experienced divorce attorney who deals with parenting plans and all other child related issues on a daily basis is ready to assist you now.  Call 954-295-9222 to speak with Mr. Burton today.

In order to understand why this is the case, you should have a basic understanding of custody laws in Florida. First, there are two different aspects to child custody:

• Physical custody: the time you spend with your child visiting you or living with you; and
• Legal custody: the right to be a part of major decisions in the child’s life, including schooling, activities, religion, and medical care.

In Florida, physical custody is called “parenting time” and legal custody is often referred to as “parental responsibility.” How these rights are divided between parents is set out in a parenting plan that must be approved by the courts.

Florida law greatly favors joint parenting rights whenever possible and whenever it is in the best interests of the child. It is very difficult to demonstrate that denying one parent of any custody rights will be in the best interest of the child. Doing so will essentially terminate the rights of the other parent and that can only happen in very rare circumstances. Such circumstances may include a history of violent crime, serious abuse or neglect, substance abuse or addiction, or mental health disorders. Even under those circumstances, a court can allow the parent to have visits with the child that are supervised to ensure the child’s safety.

Trying to fight for sole custody requires you to show significant evidence that the parent is unfit to have any parenting rights to the court. Not only can these hearings involve airing personal dirty laundry in open court, but they can be extremely costly and time-consuming. An attorney can help you carefully consider if striving for sole custody is worth it in your situation. Instead of sole custody, you could seek one of the following solutions:

• Supervised visitation;
• No overnight visits with the parent if their lifestyle or living arrangement is questionable;
• The sole authority to make decisions for your child if the other parent cannot make rational and practical decisions.
• Shared custody with the condition of psychological evaluations or drug tests.

Contact a Knowledgeable Florida Child Custody Lawyer Today

While it may not be possible to obtain sole custody rights in many situations, there are cases that warrant such a determination. Boca Raton family law attorney Alan R. Burton will evaluate your situation and advise on whether seeking sole custody would be appropriate in your case. Even if you do not get full custody rights, we can fight to ensure proper restrictions are put in place to protect the wellbeing of your child. Please call for a free consultation at 954-229-1660 to learn more about our family law services today.

Can I get sole custody of my children?

It is important to note that instead of the terms “joint custody” or “sole custody,” Florida law refers to “equal time-sharing” or “majority time-sharing.” While the law favors time-sharing with both parents, it is possible in some situations to have your children with you the majority of the time. However, courts will generally allow at least some visitation with the other parent except in exceptional circumstances. So, unless the other parent does not want to see your children, you will have to share some time with your children.

We have a time-sharing order as part of our separation agreement — can we just keep that arrangement following the divorce?

It is possible to include the existing arrangement in the divorce judgment if both parents agree, if no circumstances have substantially changed that warrant a new arrangement, and if the court finds that the existing arrangement is still in the child’s best interests.

Can my children just tell the court they want to live with me?

Under Florida law, children can have a say in who they want to live with if their preference is reasonable and if the court determines they have the experience, intelligence, and understanding of the situation to make the decision. However, courts can still order visitation with the other parent.

What happens if my ex refuses to agree to a time-sharing arrangement?

It is always preferable to agree on a time-sharing and parenting plan and have the court simply review and approve it. However, if one or both parents cannot agree, the court will examine the circumstances, listen to evidence of each argument regarding requested arrangements, and determine what schedule is in the child’s best interests under the circumstances. If you do have a trial regarding time-sharing or parenting plans, your attorney can help you gather and present evidence supporting your desired schedule.

My ex has a mental illness, substance abuse problem, or history of domestic abuse — will they get to spend time with the children?

While courts do favor time-sharing with both parents, they will consider whether time with a certain parent places the child in danger or is not in the best interests of the child. In such situations, the court may decide to order supervised visitation with the parent or perhaps no time-sharing with that parent at all. If the circumstances later change (e.g. the parent successfully goes through treatment), they may be able to obtain a modification of the time-sharing order based on a substantial change circumstances.

The above are only brief answers to often complex questions regarding child custody. For more in-depth information or if you are facing a custody case, do not delay in calling a Boca Raton family law attorney for help. Contact the law office of Alan R. Burton at 954-229-1660 today.

If You Agree to Relocation

If a parent plans to take a child over 50 miles away for more than 60 days, Florida law states they must obtain permission to do so from the other parent. In some situations, the other parent may simply agree to the relocation. Even so, the parents must submit an agreement to the court for approval before the move can take place. This agreement must also set out the new visitation and time-sharing schedule for after the move.

If You Do Not Agree

Cases can become significantly more complex if the noncustodial parent does not give his or her permission for the relocation. In such situations, the parent wishing to move must petition the court for permission to do so. If the other parent does not respond to the petition, the court will generally approve the relocation. If the other parent opposes the petition, a hearing will be held for the court to decide what is in the best interests of the child.

Many factors may be considered when determining whether a relocation would be in the best interests of the child. Some factors include the following:

• How the move will affect the child’s relationship with each parent, siblings, or others who are important to the child;
• How the move would affect the child’s physical, emotional, and educational well-being and development;
• What the child wants;
• The chances of preserving a meaningful relationship with the other parent after the relocation;
• The reasons the parent wants to relocate, including whether the reasons are valid and whether the move will increase the child and parent’s quality of life and financial circumstances.

Contact an Experienced Boca Raton Child Custody Attorney for a Free Consultation

Many issues regarding child custody can arise in the months and years after an initial custody order is issued. While relocation is one of the most serious issues that can affect child custody, parents can have major disagreements about vacations, education, health care decisions, and much more. It is critical to have representation by an experienced family law attorney who thoroughly understands child custody matters in Florida both in your initial case and any subsequent issues that come up. If you are facing a child custody case, call the law office of Alan R. Burton in Boca Raton at (954) 229-1660 for help today.

Determining how to share time and legal custody of children is not a simple matter and many parents may consistently argue over specifics of the arrangement. To avoid this, parents who have joint physical and/or legal custody over children must have a parenting plan approved by the courts. It is always preferable for parents to agree to the specifics of a parenting plan and then have the court approve it, as they know their child’s schedule and specific needs firsthand. Unfortunately, in some cases, parents cannot agree on all of the specifics of a parenting plan and the court must intervene and decide for them. No matter who decides the specifics, however, a parenting plan must include certain provisions.

Necessary Provisions in a Parenting Plan

The following are some terms that must be decided upon and put into writing:

• The schedule regarding when a child will physically reside with each parent;
• A specific description about how you will share in raising your child on a daily basis and who will be responsible for specific tasks;
• How the parents will communicate with each other and with the child when they are not physically together, such as text message or calling on the phone;
• Who will make decisions regarding the child’s health care;
• Whose address will be used to determine which school the child will attend and for registration at the school;
• Who will be responsible for extracurricular activities and sports.

In addition to necessary provisions, parents can include other information to make future decisions easier and to avoid conflict. For example, they can decide in advance who will get to take the child on vacation during which time of the year. They can also set out instructions on how they will settle conflicts regarding parenting should they arise. Often, this can keep parents out of court in the future and avoid the cost and stress on themselves and their child of having a court resolve parenting and time-sharing issues.

Contact an Experienced Boca Raton Family Law Attorney for a Consultation

If you are facing a time-sharing and visitation case, you should always have the guidance and representation of an experienced Boca Raton family lawyer. Attorney Alan R. Burton can assist you in coming to a favorable arrangement with only minimal involvement of the courts. Please call our office today at (954) 229-1660 for assistance.

Custody evaluations involve the appointment of a Guardian ad Litem (GAL) to protect the rights and best interests of the child. A forensic psychologist may also be appointed to help evaluate the situation. These professionals are expected to remain impartial regarding the two parents and focus solely on what type of custody arrangement may be best for the child.

An evaluation may include the following depending on the particular situation:

• Interviews with the child
• Interviews with each parent
• Observing the way the child interacts with each parent
• Interviewing doctors, teachers, or others who may help shed light on the parent-child relationships
• Psychological testing
• Alcohol and drug evaluations

When the evaluators feel they have gathered enough information to issue a recommendation, they turn a report in to the court.

Custody evaluators can take many different factors into consideration when making their recommendations, including each parent’s background, approach to parenting, opinions of the other parent, position, mental health status, as well as any incidences or accusations of domestic abuse or alienation of affection. They can also recommend that one or both parents attend parenting courses or therapy sessions as part of the arrangement.

Consult With an Attorney Before Your Evaluation

It is only natural that you will be nervous and stressed going into any evaluation interviews. However, there are certain things you should remember in order to receive the most favorable custody determination possible. An experienced family law attorney who understands how the Florida family courts handle custody evaluations can help prepare you for your interviews or meetings. A lawyer can advise you of common questions so that you are not surprised in the interview and inadvertently make a comment that can hurt your case.

Contact a Boca Raton Family Law Attorney for Assistance as Soon as Possible

Custody determinations are extremely important as they often directly affect your ability to develop and maintain a lasting relationship with your child. For this reason, you never want to go into a custody evaluation unprepared. Experienced family lawyer Alan R. Burton has helped numerous parents obtain positive custody arrangements that work for them and their children. Mr. Burton can also handle all other aspects of your divorce or family law case. If you are facing a divorce or custody case, you should not delay in calling our Boca Raton office at (954) 229-1660 for help today.

Due to the great diversity of people, you frequently see many Americans marrying people from foreign countries. When these couples have children, divorce can bring about some serious issues regarding the stability of the minor children.

Divorce frequently creates a considerable amount of anger between the parents, and the minor children are often times used as pawns by the parents.

In happier days, family trips abroad were generally wonderful experiences for the family and particularly for the children. Now that a divorce proceeding has commenced, just the thought of a minor child traveling abroad with one of their parents can send shivers up the spine of the other parent.

Parental kidnapping is a real event and it happens every day across this country. Just the other day a child was recovered in Mexico, after having been unlawfully removed from central Florida to that country by her father. This is the story of Cara Cox, as reported by CNN.

These kinds of situations can be prevented, but early action and intervention is required. Passports for children should be promptly removed from the control of a parent who has ever made a threat about kidnapping. Any threat should be considered “real”.

If a parent refuses to surrender a child’s passport, you should seek immediate relief from the court for a turnover of the passport. Additionally, a court order for supervised visitation or time sharing should be considered if the facts support that relief.

Immigration should also be alerted and put on notice of the potential threat.

There are state and Federal laws designed to assist in the recovery of children taken abroad unlawfully. An example is found in the provisions of the Hague Convention, which purpose is to foster cooperation and assistance from foreign countries in returning children.

These laws can be complex and tedious, and could take years to implement and enforce.

The better course of action is to be preventive, and take all immediate precautions as the circumstances warrant. Be proactive, and trust your gut feelings. .

Contact a Florida Family Law Attorney for Help

Family laws and court precedents can change on a regular basis. If you have any family law matter or concerns, you should always consult with a family law attorney who is familiar with Florida law and keeps up to date on any new changes. If you are facing divorce or any other issue in Boca Raton or Fort Lauderdale, do not hesitate to contact experienced lawyer Alan R. Burton for assistance today.

However, there are a handful of adoptions that do occur that involve unsuspecting problems, and result in heart wrenching stories.

One recent story involves Sonya, a young child adopted by a Tennessee couple. The biological father’s rights were believed to have been terminated. The biological father received a 10 year sentence for illegally transporting firearms. State law provided for termination of his parental rights based upon the ten-year sentence that he received. This sentence paved the way for the adoption Sonya

Unfortunately for Sonya, her biological father, whom she had never met, negotiated his ten (10) year sentence to 7 1/2 years, which resulted in reinstatement of his parental rights.

As you can well imagine, the outcome for Sonya has not been a pleasant one. The family court judge relied solely on biology, when he voided the adoption and placed Sonya with her biological father. The judge did not consider the best interests of the child, which should always be the paramount concern with this judge or any other judge.

The adoptive parents of bringing this matter back to the attention of the judge for him to consider the best interests of Sonya. You can read more about the story of Sonya by clicking on this link to CNN.

The primary concern for any family court judge should always be the “best interest” standard for the child. Biology, in many, many cases, standing alone, will not result in the “best interest” for a child.

If you are facing possible child custody or visitation issues, experienced Florida family law attorney Alan R. Burton will help you stand up for your rights with your child. He knows how to fight for you and your child. Do not hesitate to contact our offices in Boca Raton or Ft. Lauderdale for help today.

I know I am. Do we all know what it means? Do we know where the term originated? Do we know who created that term? The phrase is seen or heard almost on a daily basis.

I think by now we all know that Gwyneth Paltrow, the well known and talented actress, created it, or at least brought the term to the public forefront. Does the phrase actually have a clear defined meaning?

What comes to my mind, as a divorce lawyer, is that the separation and split of the parties will be an amicable one. There will be no fighting and hostility. The parties will most likely conclude their marriage with an uncontested divorce proceeding.

Many of the articles I have read about the use of this phrase interprets it as some sense of superiority or pretentiousness. To me it simply signals the ability of the adults to consider their children’s interests, and not to lay blame for the failure of the relationship to endure. It is the ability to understand that it is never just one person’s fault, but a multitude of reasons, on the part of both parties.

Source: The Huffington Post, “What the Hell is Conscious Uncoupling”, Anyway?, Dr. Sonya Rhodes, PhD, April 2, 201

Incredible as it sounds, the Massachusetts legislature is considering such a bill. The proposal should not be considered in a vacuum however, as it applies only in specific situations, when minor children are involved.

The proposal was designed to promote and protect the best interests of the minor children, whose parents are in the midst of a divorce.

Robert LeClair, a local Massachusetts lawmaker proposed the bill, after going through a bitter divorce himself. The specifics of the bill would be to prohibit the parent in possession of the marital home, from engaging in any type of sexual relationship with a new partner during the parties separation, and prior to the divorce proceedings concluding.

The bill would would have to be passed by the state legislature, and then approved by the governor.

The language of the bill reads as follows:

“In divorce, separation, or 209A( restraining order)proceedings involving children and a marital home, the party remaining in the home shall not conduct a dating or sexual relationship within the home until a divorce is final and all financial and custody issues are resolved, unless the express permission is granted by the courts,”

The law, if passed, would raise some interesting questions about obtaining the necessary evidence to prove a violation of the law. Since children are generally not allowed to testify in court, absentee spouses will need to become quite creative in order to prove their case. This bill will most certainly keep the private detectives in Massachusetts quite busy.

Source: The Huffington Post, “Massachusetts Bill Could Ban Sex During Marriage“, Emily Thomas, March 24, 2014