How do Florida Parenting Plans Address Holiday Timesharing?

People whose parents divorced in the 1980s and 1990s probably remember that life settled into a rhythm, usually including living with Mom during the week and with Dad on the weekends, but that sparks always flew at Thanksgiving and Christmas, when extended family members visited, or when one parent wanted to take the children to visit out-of-town relatives during a holiday.  This is one of the major issues that Florida’s new parenting plans address. The parenting plan template has questions to address every school vacation, including winter break, Thanksgiving, and spring break. Parents can choose, as soon as they divorce, where the children will spend each holiday each year. For example, they can specify that, in odd-numbered years, the children will spend Thanksgiving break with Mom until Friday afternoon and then spend the rest of it with Dad, but in even-numbered years, they will be with Dad until Friday afternoon and then go to Mom’s house. Parenting plans even allow parents to allot certain times for children to stay with grandparents, and they can choose to grant certain holiday days to the grandparents.

In some ways, Thanksgiving is the simplest holiday to plan because it is always on a Thursday.  What about Christmas, which is always on the same date, but on different days of the week?  What about Hanukkah, which sometimes coincides with winter break and sometimes does not?  What about Islamic holidays, which, because the Islamic lunar calendar is 11 days shorter than the Gregorian calendar, vary not only by day of the week, but by month?  (For example, this year, both Eid al-Fitr and Eid al-Adha were during summer vacation. In 2000, Eid al-Fitr was between Christmas and New Year’s.) Florida’s parenting plans were made to be customized.  You can specify that each parent gets the children for four nights of Hanukkah, and that if it falls during a school week, each parent gets one non-school night of the holiday.

Ambiguity Breeds Conflict: Avoid Holiday Confusion with Alan Burton

It might sound like micromanaging, but the best way to avoid holiday stress is to make your parenting plan as specific as possible. Once your parenting plan is set, you can build your holiday plans around when the children will be with you, and when they will be with your ex-spouse. Contact Alan R. Burton in Boca Raton, Florida to discuss the holiday timesharing aspects of your parenting plan.

Unfortunately, though, things can get ugly in a divorce, especially when parents disagree about child custody arrangements. One parent sometimes argues that the other parent is unfit to spend a majority of the time with the children because of a pre-existing diagnosis of a mental health condition. If your former spouse does bring up your mental health history during divorce proceedings, will it affect the outcome of the case? Usually, it does not.

When Your Mental Health History Does Not Affect Parenting Plan Decisions

Under Florida’s current system of parenting plans, no two custody agreements are alike. The parenting-plan form is a multi-page questionnaire as long and complex as the longest tax forms.  Each decision regarding the children is a separate question; it is not simply a matter of one parent getting all or most of the custody of the children. The parents’ private health information usually does not factor into which decisions the judge approves in the parenting plan. The main goal is to cause as little disruption in the children’s lives as possible. Consider that, if a parent were undergoing treatment for a physical illness while the parents were married, most of the time it would not be a factor in the parenting agreement. The same usually applies to mental illnesses.  Furthermore, the parent’s psychiatrist cannot be asked to reveal the parent’s private health situation in court, except in the case of a true emergency, such as a suicide attempt or involuntary hospitalization.

When Your Mental Health History can Affect Parenting Plan Decisions

As stated above, a mental health emergency that happens during the divorce proceedings can become a factor in the case. Simply being treated for a mental illness currently or in the past is none of the court’s business. There is a considerable gray area where addiction is concerned, but if you are compliant with your addiction treatment and have a long record of sobriety since being diagnosed with an addiction, it should not preclude you from being able to spend a substantial amount of time with your children and having a strong voice in parenting decisions.

Contact Alan R. Burton About Child Custody Cases and Parenting Plans

If you think that a judge has unfairly used your mental health history against you, you can still seek to modify your parenting plan in a way that is more favorable to you. Contact Alan R. Burton in Boca Raton, Florida about amending your parenting plan.

What has any of this to do with divorce in Florida? It turns out that many Florida divorce cases require parenting classes. In fact, mandatory parenting classes in Florida divorce cases are almost as routine as the one-day class for new drivers in Florida.

Mandatory Parenting Classes in Florida

It is common for Florida family courts to require Florida couples going through a divorce to complete the Parent Education and Family Stabilization Course before the judge will sign the final divorce decree. In fact, Florida courts require it of every divorcing couple that has minor children. Additionally, when a man who is not married to his child’s mother establishes paternity, the court requires both parents to complete the course.

If a court requires you to take a parenting course, it does not mean that the judge thinks you are a bad parent. It is simply to make sure that both parents understand the legal requirements and basic principles for co-parenting a child when the parents are not married to each other. In fact, the courts do not require the class for just one parent; they always require it for both parents.  The parents do not have to attend the class together, though, and in fact, they usually do not. The course is designed not to be a major burden on parents. The minimum length for the course is four hours; most of the time, the courses last just one afternoon or evening. While the law does not specify a price for the course, the course must not be prohibitively expensive. In practice, the usual price for a Florida parenting course is between $18 and $39.

Alan R. Burton Works With Family Law Cases in Florida

Completing a required parenting course is just about the only thing that is easy about divorce when you have minor children. For everything else, you need the help of an experienced family lawyer. Contact Alan R. Burton in Boca Raton, Florida about divorce and child custody.

There is a two-part test that the Court applies when a party is requesting that the other party submit to either a psychological evaluation or a substance abuse evaluation.  First, the issue must be “in controversy”, and second, “good cause” must be shown.

Florida Rules of Civil Procedure, Rule 1.360(a) provides for compulsory psychological evaluations or drug testing only when the party submitting the request has “good cause” for the examination.  The party requesting the examination has the burden of proof in showing that both the “in controversy” and “good cause” prongs have been satisfied before the court can order testing.

When you are seeking to impose these types of tests or evaluations upon the other party, general, conclusory allegations in your pleadings do not put the other party’s mental health in controversy nor do they demonstrate good cause.  Specificity in the pleadings which genuinely demonstrate that the condition is at issue and should be considered must be pled.

These types of tests and evaluations necessarily involve intrusion into the other party’s privacy rights. Requests for these types of examinations occur all too frequently in custody and time-sharing disputes. Often times there is no substance behind the request to support them.  An advocate who is well familiar with the law can appropriately defend against the imposition of these types of evaluations, or can aggressively argue for the imposition of these evaluations, if the facts warrant them.  Boca Raton divorce attorney Alan R. Burton, who has over 40 years of experience, is well qualified to deal with these issues.  He can be reached at 954-295-9222. Call him today for a free consultation. 

Before a court will grant your divorce, you and your spouse must settle numerous issues including:

• Property and debt division;
• Child support;
• Time-sharing and visitation;
• Parenting plans;
• Alimony.

If any one of those issues cannot be settled out of court, the divorce can be delayed as the court will have to decide for you. You and your spouse will have to present evidence to support your arguments for how you want to resolve the issue at trial and the judge will rule on the matter.

A recent divorce case demonstrates just how much a divorce case can be affected by adversarial disputes instead of cooperation. After 25 years of marriage, the wife of the founder of Cancer Treatment Centers for America filed for divorce. The filing occurred in 2009 and the case is still dragging on due to several disagreements regarding a prenuptial agreement, custody, and division of their millions of dollars in assets. The case has involved numerous hearings, appellate hearings, changes of lawyers, contempt orders, and other complications, and is now finally going to trial over asset and property division. In the meantime, both spouses have likely spent an enormous amount of money, stress, and time dealing with the divorce proceedings and have been unable to remarry since their marriage is not yet dissolved after more than six years.

Finding Ways to Come to a Resolution

It is unreasonable to expect every divorcing couple to agree on every issue. However, there are numerous ways to facilitate cooperation and agreement even if spouses do not initially agree. Some options for couples to resolve issues in a more efficient and amicable way include the following:

• Mediation;
• Collaborative divorce;
• Negotiation.

It is important to explore one or more of these options before you take your case to court for a more costly and time-consuming resolution. In addition, the above methods allow you to settle matters on your own terms because, when you go to court, the ruling is out of your hands.

Discuss Your Case With an Experienced Boca Raton Divorce Attorney Today

At the law office of divorce lawyer Alan R. Burton, we understand the importance of an efficient resolution in a divorce case so that you can move on with your life as soon as possible. However, we also know that agreement is not possible in every case. For this reason, we will help you explore every possible option to come to an agreement, however, are also prepared to represent you in court if it is necessary for a fair and favorable result for you. If you are considering divorce, please call us as soon as possible at 954-229-1660 for a free consultation.

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.

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.

Another Threat to Gay Adoption Failed in 2015

Earlier this year, there was another bill on the table in Florida regarding same-sex couples adopting, though that proposed law would have threatened gay adoption rights, not preserved them. HB 7111 would have allowed private adoption companies to deny adoption for gay couples by citing “religious or moral convictions or policies” without risking losing their adoption agency license from the state. Though the bill was presented as a protection of religious freedom, opponents maintained that it was no more than a thinly veiled attack on the equal rights of same-sex couples.

HB 7111 passed overwhelmingly in the Florida House of Representatives though it could not get passed in the Senate to be sent to Gov. Scott’s desk. Gov. Scott, however, has been a vocal supporter of the bill and would most certainly sign it if it passed through the legislature. Gov. Scott has stated that he hopes the bill will be proposed again in upcoming legislative sessions but, for now, private adoption agencies cannot legally deny adoption to couples because they are gay.

Family Law Rights Improve for Same-Sex Couples in Florida

In addition to formally lifting the ban on gay adoption, same-sex couples also received the right to legally marry and get divorced in Florida this year. The extension of numerous family law rights to gay couples also means that more same-sex couples may be headed into the state family courts to resolve any family-related legal disputes. These cases should be handled in the same manner and in accordance with the same family laws as any case involving opposite-sex spouses or parents.

Call an Experienced Florida Family Law Attorney for Assistance Today

Families can face many different types of legal issues, including adoption, paternity, divorce, child custody, domestic violence, and more. Boca Raton family law lawyer Alan R. Burton understands that many of these issues can be costly and stressful and he strives to handle every case in the most efficient manner possible. Mr. Burton thoroughly understands the ever-changing Florida family laws and knows how to apply them to your case to achieve the most favorable result for you. If you are facing a family law matter in Florida, call for a free consultation at (954) 229-1660 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.

Welcome to the 21st Century! With the popularity of Facebook, Twitter and the internet in general, your life has become an open book. You may need to seek the services of a seasoned attorney when social media becomes a central issue in your case.

Postings to your facebook page can become fodder for your spouse’s lawyer, especially when there are minor children involved. Don;t be fooled thinking that what you are posting is off limits to your spouse. It’s not. As equally important are postings by others, which may have a direct link back to you, whether you were aware of it or not. One such example may be a posting of your underage child under the “influence at a party”. Who was the parent “on call” at the time?

Everything on-line becomes a record, which may be used either in your favor or against you, as the case may be. The electronic age is not limited to social media, but to all aspects of your life, including financial matters.

Banking records are easily reproduced, which will clearly document a trail of your finances.

Privacy today simply does not exist. Be careful what you say or do, as it will most surely be used against you in court.

Source: The Huffington Post, “The Divorce Mistakes You Don’t Even Know You Are Making“, Taryn Hillin, March 18, 2014

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

Divorce often times becomes a power struggle for control over the children. Issues such as time sharing, educational decisions, sports activities, religious upbringing, and medical care are just a few of such issues.

Anger between parents also brings the children into the middle of things. What role should the children play in their parent’s divorce? Whose side should they take, and for whom should they speak on behalf of?

The answer to these questions should be apparent. They are not the ones “getting divorced”; their parents are divorcing. It is not their battle, and they should not be a part of the proceedings.

Divorcing parents in Florida must participate in state mandated parenting education courses before their divorces are finalized by the judge. It is better to participate in this required program early on in order to avoid as much conflict as possible throughout the proceedings.

HBO will be airing a documentary throughout the month of October which deals with divorce from the children’s perspective. Kids will explain the impact of divorce on them, and they offer advice to parents on how they should conduct themselves during the difficult process of divorce.

Any parent who wants to clearly understand what impact the divorce process has on their own children should not miss this HBO documentary, “Don’t Divorce Me! Kid’s Rules for Parents on Divorce.”

If you need any additional information, or assistance in the divorce process, and reducing the potential harm to children, contact an experienced attorney, one who is an advocate for children’s rights. Alan R. Burton, Esq., an attorney with offices in Boca Raton, Florida is ready to advise and assist you.

Child custody issues, or extensive litigation in order to “win” the title of primary custodian should become a thing of the past. All of the reasons to litigate these issues have been abolished under Florida law.

Instead, Florida has adopted what is now referred to as time sharing with minor children, which is established under the provisions of a parenting plan. The requirements for a parenting plan are found in Florida Statute 61.13.

Furthermore, the trend today is approximating an equal time sharing arrangement whenever possible. Each case would be decided on its own merits, but if it is geographically feasible based upon the distance between the parents home, and consideration of other statutory factors as found in Florida Statute 61.13, the most likely outcome will be a 50-50 split.

The best interests of the child will always be the guiding principal in consideration of the court approving a parenting plan. The plan, at a minimum, must establish how the daily tasks associated with the upbringing of the child are to be apportioned; the times each parent is to have with the child; who is to be responsible for the health insurance for the child; and which parent’s address is to be utilized for school purposes.

A parenting plan can be as detailed as the parties require, or it can simply cover the minimum requirements under Florida law.

Facebook is mentioned in at least 33% of all the divorce cases filed in the United States in 2011. This is according to a story aired by ABC News.

There is no doubt that social networking and facebook are and will continue to play an integral part of all of our lives now, and well into the future. Privacy rights are now the exception, rather than the rule. Technology has taken over all aspects of our lives.

Someone is always watching you, and in a divorce proceeding, there are countless ways in which your actions can be used against you by your spouse. Custody and time sharing issues, and marital waste are just too examples.

Information, both helpful and useful, as well as damaging to your case, is just a click away.

The divorce process becomes more complicated when there are minor children involved. This is especially true when one parent wishes to relocate.

Relocation With Minor Children in Florida is governed by Florida Statute 61.13001.

If a parent wishes to relocate from south Florida cities such as Boca Raton, Delray Beach, Fort Lauderdale, or from anywhere else in Florida, they must comply with Florida Statute 61.13001 if the move is more than 50 miles from their current residence.

The easiest way to comply with the statute is to obtain the written consent from the non-relocating parent, If that consent will not be given, you will then have to file a petition for permission to relocate. The petition is filed in the County that granted the initial divorce decree.

These cases are factually intensive, and each individual case will be heard on its own merits. Some of the relevant factors for the court to consider is whether or not child support is being paid and whether or not it is current; the reason for the requested move; whether or not alternate time sharing arrangements can be made, and who will be paying for those additional expenses.

Relocation cases are important. Do not take them lightly or for granted. BE PREPARED! Feel free to call me if you have unanswered questions about the process, or whether you require any assistance in your quest to either relocate or to defend against such a proceeding.

Florida has now adopted what is known as a parenting plan, the provisions of which can be found in Florida Statute 61.13 (2)(b). A parenting plan must include, at a minimum, certain things, as follows: a detailed description as to how the parents will share and be responsible for daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child.

Developing a parenting plan is an individualized matter, and every plan should be tailored to your family. It is important to consult with an attorney who handles these child issues on a routine basis.

Alan R. Burton, Esq., a Boca Raton, Florida attorney, has been in practice for over thirty years, and deals primarily with divorce and other family law cases.

In today’s economy, we see more and more people struggling to find employment. As a result, people are searching over a broader market area then they would normally be looking at, and as a result, more employment opportunities become available to individuals in other states.

This brings up the ever difficult decision a trial judge must face when a parent seeks to relocate with the minor children to another state, or to a new residence that is a substantial distance from their current residence.

Most frequently this situation will arise due to new employment opportunities that may be available to one of the parents.

Relocation of Minor Children is governed by Florida Statute 61.13001. The provisions of this statute will be applicable whenever a parent wishes to relocate from their current residence, and if the new residence is more than 50 miles from the current residence.

The consequences of not complying with the provisions of the statute could lead to some rather unpleasant consequences for the relocating parent, so it is extremely important to have a clear understanding of all of the provisions of that statute.

There are not only important factual considerations for the court to consider, but procedural ones as well. The petition that is filed, which seeks the ultimate grant of permission to relocate, must contain specific information, including the address of the proposed new residence, the new telephone number, and all the appropriate information regarding the new employment offer. There must be specific warnings to the other parent, in bold type, of the consequences they could suffer by not timely responding to the petition.

If anyone has had any prior experience with the judicial system, the have probably discovered that the judges are busy, and that it takes an extended amount of time to resolve issues that are pending before the courts.

What happens then, if an employment opportunity must be acted on promptly and access to the courts would not be swift? There is a remedy provided under the statute for this very situation.

Under Florida law, if you file a motion seeking expedited relief, for permission to relocate on a temporary basis while your petition is pending, you are entitled to a hearing on that matter within thirty (30) days of filing that request. What I do as a matter of course, is to file that motion right along with the petition, and obtain that hearing very quickly.

These types of cases require close attention to all the details, since the court is guided as to what will be in the best interests of the children. The proper presentation of the relevant evidence and documentation to support the claim for relocation can only increase the likelihood of success in these proceedings.

The effective date of the amendments were on October 1, 2008, and the changes were to have prospective application only. The changes could not be utilized to effectuate any modifications to agreements that were previously entered into by individuals prior to October 1, 2008. See the case of Hahn v. Hahn, (Fla. 4th DCA 2010)

The Hahn case is an interesting case to read. It clarifies many points of law that have arisen under the 2008 amendments to section 61.13. Although the designation of “primary residential parent” has been removed from the statute, the trial court is still required to consider the best interests of the child if called upon to create a parenting plan. The trial court must still “determine all matters relating to parenting and timesharing of each minor child of the parties in accordance with the best interests of the child. Section 61.13(2)(c)1., Florida Statute (2008)(amended October 1, 2008).

The Hahn case involved modification proceedings that were filed two years after the final judgment was entered, and before the effective date of the new statute. It was error on the part of the trial judge to apply retroactively the provisions of the new statute.

Obviously, the courts won’t hesitate to enter any orders when necessary to protect minor children from harm. This would include orders for supervised visitation against a parent if the circumstances warranted this type of relief.

In the divorce proceedings between N.W. and M.W., 41 So.3d 383 (Fla. 2nd DCA 2010), the mother alleged that the father was sexually abusing the parties’ daughter. As a result of those allegations, the father was restricted to supervised visits with his daughter. The father subsequently moved for unsupervised visits, and the mother moved to admit the child’s hearsay testimony regarding the sexual abuse pursuant to section 90.803(23), Florida Statutes (2009). The court denied the mother’s request, and re-instated the father’s unsupervised visitation.

The mother filed a timely appeal, and the appellate court reinstated the order for supervised visitation. The court said that the trial court had applied the incorrect standard of law.

The proper standard for admitting hearsay statements of children was succinctly stated in State v. Townsend, 635 So.2d 949, 954 (Fla. 1994). The trial court has responsibility in ensuring that child hearsay statements satisfy a strict standard of reliability before admitting them as evidence. The trial court must make findings that satisfy two criteria:” (1) the source of the information through which the statement was reported must indicate trustworthiness; and (2) the time, content, and circumstances of the statement must reflect that the statement provides sufficient safeguards of reliability.”

As the Townsend case makes clear, the focus on these types of cases is on the person to whom the statement was made by the child and the manner in which the statement was made.

The appellate court also noted that the mother sought to introduce statements made by the child to the mother, the grandmother, a therapist, and a family friend. The trial court’s order was reversed because, as the appellate court found, the trial court made no findings with regard to any of these sources and also failed to address the individual statements and circumstances under which they were made.

The trial court neglected to follow the mandates of the Townsend case, as established by the Supreme Court of Florida.

If you or any of your family members require expertise in the admissibility of hearsay evidence in order to protect a child from harm, you can contact me directly by clicking on my name, Alan R. Burton, Esq.

Do the odds of having heart disease increase if your parents have a history of heart disease in their family?

Do your odds of having cancer increase if there is a history of cancer in the family?

The answer to these questions is yes, the risks do increase. In a similar manner, children whose parents have divorced are more likely to divorce than those children who come from intact marriages, where the parents are committed to each other.

A recent article written by Robert J. Hughes, Jr., Professor of Human Development, at the University of Illinois, Urbana-Champaign campus, has compiled the data to support this point. See the article entitled “Are Children of Divorce Doomed to Repeat their Parents’ Mistakes?”

The essence of the study is actually quite logical. Children learn from what they see. If they observe parents who are commited to working through conflict, they will be more likely to follow the skills that they have observed and learned for themselves. Unfortunately, the opposite holds true as well. If they observe lack of commitment, they will be more inclined to abandon their own personal relationships as they mature.

Raising strong, healthy children is a responsibility we all share as parents. The responsibility should not be taken lightly.