Once you are the legal parent of a child, it is difficult to lose your parental rights. The courts acknowledge that parents are only human, and that it is almost always in a child’s best interest to stay with his or her own parents. For example, having a criminal record or a diagnosis of a mental illness or addiction does not, by itself, mean that the court will reduce or take away your right to spend time with your children or make decisions about them. Involuntary termination of parental rights only happens when it is impossible for the parent to provide adequate care for the child or when the parent has seriously endangered the child.

Bases for Involuntary Termination of Parental Rights

These are some of the cases in which Florida courts can terminate a parent’s parental rights.

• Long prison sentences: Most prison sentences do not cost parents their parental rights. If the parent’s sentence is no long that the child will have turned 18 by the time the parent is released, the court may terminate the parent’s rights.
• Breach of case plan: If the parent has repeatedly failed to meet the requirements of a case plan set by the Department of Children and Families, the parent may lose his or her parental rights.
• Abuse: Physical and sexual abuse of a child can be grounds for termination of parental rights.  Depending on the severity of the abuse, a single incident can be grounds for termination of rights.
• Failure to comply with substance abuse treatment: If a mother gives birth to a child whose bodily fluids test positive for alcohol or illicit drugs, the court will require the mother to undergo addiction treatment. If she fails to comply with treatment, she can lose her parental rights. If she gives birth to a subsequent child, and this second child also tests positive for drugs or alcohol, she will automatically lose her rights to both children.
• Violent sex crimes: If the parent is convicted of a crime that requires the parent to register as a sexual predator, the parent will lose parental rights. According to Florida law, not every sex offender is a sexual predator. Florida also requires people to register as sex offenders for non-violent crimes such as failure to notify a partner of your HIV-positive status, even if you use condoms or take medications to reduce your risk of transmitting the virus, and “Romeo and Juliet” relationships, which are consensual relationships between teens who are close in age, but only one is a legal adult. Sexual predators are people who have been convicted either of violent sex crimes or sexual abuse of minors.

Contact Alan Burton About Parental Rights

It is possible to reinstate your parental rights after they have been terminated, but it is very difficult. Contact Alan R. Burton in Boca Raton, Florida to find out how Florida’s parental rights laws apply to your situation.

Details of the Miranda Wilkerson Case

Trista Crews and Donald Coleman met and began their relationship in 1997, when she was 14 and he was 38. They married when Trista was 16, with Trista’s mother Rita Manning giving consent for her underage daughter to marry. Nonetheless, Coleman eventually had to register as a sex offender because of the age difference in his relationship with Trista. They would go on to have three children together before separating in 2007.

Trista was separated from Donald Coleman at the time of Miranda’s birth, and he filed for divorce at around that time because he doubted that he was Miranda’s biological father. About a month later, Trista died in a car accident, and her mother Rita Manning assumed responsibility for Miranda’s care. After a long custody battle between Manning and Coleman, a judge finally awarded custody of Miranda to Coleman, who was then living in Georgia. Miranda was then three years old, and she had lived with her grandmother almost since birth. Miranda’s biological father has since tried to get custody of her, but currently available news reports offer few details about that aspect of the case.

What About Grandparents’ Rights?

To anyone who has never dealt with Florida’s paternity laws, the outcome of the case is very strange indeed. Why would the court take a child away from her grandmother, the only parental figure she has ever known, and give custody to a man who has never claimed to be her biological father? Does the fact that Coleman is registered as a sex offender for beginning a relationship with a teenager when he was nearly 40 not weaken his case at all? It sounds like a case in which the court gave more weight to the mother’s legal marriage than to anyone’s relationship with the child. In Florida, parenting plans can include clauses about children spending certain amounts of time with grandparents, so one can hope that Miranda has been able to continue to have a close relationship with her grandmother.

Contact Alan Burton About Child Custody Cases

In determining child custody, judges are required to base their decisions on the best interests of the child. Contact Alan R. Burton in Boca Raton, Florida if you think that a family court has put your child or grandchild in a custody situation that is not in his or her best interest.

Custody

People tend to speak of one parent having custody of the children after a divorce, while the other parent has visitation. In the 1980s and 1990s, it was more common than it is now for children to spend most of their time with one parent and to spend only two weekends a month with the other parent. Now, when possible, courts often rule to have children spend at least two nights per week with each parent. Exceptions are when the parents live so far away from each other that it is not practical to transport the children back and forth each week.

What to Say Instead: The current version of the Florida parenting plan template contains language about timesharing; it has details about what portion of every school week and every school vacation the children will spend with each parent.

What Custody Really Means According to the Law: Florida law makes a distinction between physical custody (where the children spend time) and legal custody (decision making power).  Florida parenting plans also ask parents to specify which parent is responsible for which decisions related to the children.

Temporary Alimony

Florida judges can award any of six types of alimony in a divorce. Only one of them is truly permanent. The term “temporary alimony” refers to only one of the five non-permanent types of spousal support.

What to Say Instead: Call each type of alimony by its official name. For example, if the alimony is being awarded to help the supported spouse become certified to practice a certain profession, so that he or she can become financially independent, it is rehabilitative alimony. If it is just one alimony payment, no matter how large or how small, it is lump sum alimony.

What Temporary Alimony Really Means According to the Law: Temporary alimony is spousal support paid in installments while the divorce case is still being decided. It automatically ends once a court formally dissolves the marriage. If the spousal support payments will continue even for a short time after the divorce is final, then it is not technically alimony.

Burton Law Makes Family Law Understandable

Family law case documents can be full of legal terms that mean something other than they mean when they are used in everyday speech. Contact Alan Burton, a Palm Beach family law attorney, for straight answers about divorce, spousal support, and parenting plans.

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.

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.

Florida State Senator Kelli Stargel (R-Lakeland) introduced Senate Bill 668, which addresses both alimony reform and child-sharing reform. In addition, House Bill 455 was introduced by Representative Colleen Burton (R-Lakeland), though it only address alimony reform and does not include any changes to child-sharing. Finally, State Senator Tom Lee (R-Brandon) introduced his own bill that solely seeks to change child-sharing and does not involve alimony. With all of these different bills introduced, the debate exists among legislators whether or not the two issues are related and whether they should be addressed together or separate from one another.

Proposed Changes

Alimony reform has been a hot topic in Florida for years, as state lawmakers passed a reform measure in 2013, which Governor Scott vetoed due to its retroactive effect. The new alimony reform bill is not retroactive and aims to do the following and more:

• Establish a set formula for determining ranges for alimony awards;
• Have the highest amount of alimony be awarded for marriages that lasted longer than 20 years;
• Not allow alimony for marriages that were shorter than two years unless special circumstances exist;
• Eliminate the distinction between permanent, rehabilitative, and durational alimony and create one main type of alimony governed by a strict formula.

Lawmakers supporting reform claim that current alimony laws are unfair because the traditional model of marriage has largely changed.

The child-sharing bill also claims to alter unfair assumptions by presuming at the beginning of a case that parents should share time with children 50-50. The court will then examine 22 factors to either agree with or alter the 50-50 split. Factors can include both the preferences of the parents and child, school-related activities, and time needed for constant travel between the two homes.

It is yet to be seen whether the reform measures will be approved together, separately, or not at all. It is clear, however, that divorce law reform will continue to be a hot topic in the Florida legislature.

Find Out How a Boca Raton Divorce Lawyer Can Help You

Divorce laws in Florida are specific and ever-changing. While it is understandable that you are not always familiar with the changing nuances of many laws related to divorce, it is important that you have a Florida divorce attorney who is. Lawyer Alan R. Burton will guide you through every step of your divorce and educate you on how the law applies in your case. If you contact our office in Boca Raton, you will receive reliable and skilled assistance so that you can obtain the best outcome possible for you and your children. Please call today at 954-229-1660 for more information about how we can assist you.

The following are some examples of actions you should never take on your own regarding child custody:

• Withholding visitation or custody rights if the other parent fails to pay child support.
• Refusing to adhere to the visitation schedule in the parenting plan. This includes both refusing to turn the children over to the parent during their allotted time as well as failing to take the children for your own visitation time.
• Taking the children during the other parent’s custody time.

Even if you believe that the other parent is not fit to be alone with the children, you should still not refuse to follow a custody order. Instead, you can file an emergency motion with the court if you believe that the safety or wellbeing or your children is in jeopardy. If the other parent is refusing to comply with the custody order, you should file a motion with the court to enforce the order. The court can then issue sanctions if they still refuse to obey the order. Finally, if the custody arrangement is not working for you, you should request a modification from the court.

The one time you should act on your own is if your children disappear from your home during your parenting time. In such a situation, you should first call the authorities before the court. In a recent case out of Florida, two children who were in the custody of their grandparents disappeared from the home. An Amber Alert was issued and, later that day, authorities found the children with their mother in a motel room. The mother was then arrested and may be facing criminal charges of interference with custody or even more serious charges.

Consult With a Qualified Boca Raton Child Custody Lawyer as Soon as Possible

Whether your ex-partner is refusing to agree to with the custody agreement or you want the arrangement changed for your own benefit, you should never try to solve custody matters without the approval of the courts. Violating a court order can result in serious consequences, even if you believe you are acting in the best interest of your child. Instead, you should contact an experienced family law attorney in Boca Raton who can help you explore your options to resolve your custody conflict. Please call the law offices of Alan R. Burton at 954-229-1660 for help today.

Generally speaking, child support is determined under the law by a specific formula based on each parent’s income and expenses. Under the law, a legal parent has the responsibility to financially support his or her child whether or not he or she has physical custody of the child. Due to the Florida child support formula, many support determinations are fairly straightforward and difficult to challenge. However, a recent case involving a television personality demonstrates how these cases can still be very complex.

Challenging Parental Responsibility for a Surrogate Child

Several news outlets reported a court ruling involving former host of The View Sherri Shepherd, her ex-husband, and a child born from a surrogate mother. While they were married, reports indicate that Shepherd and her husband contracted with another woman to have a child via surrogacy using her husband’s sperm and a donated egg. Unfortunately, the marriage was over before the pregnancy was and they filed for divorce.

In the divorce, Shepherd attempted to challenge her parental responsibilities to the child. She was not present at the child’s birth and did not allow her name on the certificate of birth since she stated she was in no way the biological parent of the child since the egg was donated. She also stated she only agreed to seek a surrogacy because her husband wanted it. She sought no custody or visitation and claimed she should not have to pay child support to her ex-husband.

In the maternity suit brought by the ex-husband, a court recently ruled that the surrogacy contract is valid and makes Shepherd the legal parent of the child, which means her name must be listed on the birth certificate and she is responsible for paying child support to her ex-husband who is raising the child full-time. The court also ruled she must pay alimony.

The above case is an example of how complex some child custody and child support cases can be. Whether a child is conceived to both parents, adopted, or conceived via surrogacy, there are still issues of parental rights and responsibilities to be addressed in any divorce that involves children.

Contact a Qualified Child Custody Attorney in Boca Raton

Whether a child custody and child support case is relatively simple or complex, it is still important to have an experienced family law attorney handling your case. At the law office of Alan R. Burton in Boca Raton, we have helped many individuals with custody and child support matters, so please call 954-229-1660 for a free consultation.

In order to have full parental rights, a non-biological parent must legally adopt a child. For this reason, many people in the Boca Raton area decide to pursue a stepparent adoption. If successful, stepparent adoptions provide all the benefits of a traditional adoption without many of the requirements under Florida adoption laws, such as a waiting period, interviews and home visits, and other “red tape.” However, there is one specific requirement for a stepparent adoption that can cause complications in your case.

Consent From the Biological Parent

The main requirement for a stepparent adoption is that the biological parent (who is not in the marriage) must consent. Three people cannot have parental rights at the same time. This means that when a stepparent gains parental rights, the biological parent relinquishes them. For this reason, the biological parent must consent to the adoption and giving up their parental rights. This can be complex and one of three situations generally results:

• The parent agrees — Parents do sometimes agree to give up their rights, especially if they do not have a close relationship with the child. Giving up rights also means giving up responsibility, so they would no longer have to pay child support or for other needs of the child.

• The parent does not respond — If the parent does not respond or cannot be found, the court can still approve the adoption as long as the parent was notified and the adoption is in the best interest of the child.

• The parent refuses — If the parent refuses, a stepparent can try to claim the parent has abandoned the child if they have not contacted the child or that the parent is not the presumed father.

Call a Committed Boca Raton Family Law Attorney For Assistance

If you are considering adopting your stepchild or if you have any other important family law concerns, you should never hesitate to call a skilled family law lawyer in Boca Raton. Family law matters can be especially difficult if they involve children, so you want an attorney handling your case who can provide the commitment and representation you need for a favorable outcome for your family. Mr. Burton has assisted numerous Florida families with adoptions, paternity actions, custody and visitation disputes, and much more, so please call for a free consultation at 954-229-1660 today.

Marriage

In order for a marriage to be valid, both individuals must be of sound mind, must understand the nature and effects of getting married, and must be mentally capable of agreeing to the marriage. Simply because one person has a mental condition does not automatically render them incapacitated for marriage purposes, but if a court decides one spouse did not have the capacity to agree to a marriage, that marriage will be deemed invalid.

Prenuptial Agreements

If you sign a premarital agreement, you must have the mental capacity to understand the provisions of the agreement and the effects of the agreement should you get divorced in the future. If you did not have the ability to understand what you were signing at the time you signed, the agreement may be declared invalid.

Divorce

Mental incapacity is important in Florida divorce in more than one way. First, a Florida statute permits a spouse to get a divorce if they have been djudged to be mentally incapacitated for at least three years prior to the divorce filing. In such cases, the individual’s guardian or representative family member will be notified and will be able to appear in court on his or her behalf.

Additionally, Florida family courts will not grant a divorce that was filed by a mentally incapacitated person who does not understand the effect of a divorce. For example, a Palm Beach County judge recently ruled that an 87-year-old man with dementia could not be granted a divorce. His wife argued that his children are manipulating him for financial purposes to pursue divorce and that he would not actually want a divorce if he understood what was happening. The court agreed and dismissed the divorce case.

Child Custody

If one parent is mentally incapacitated, they will likely be unable to properly care for a child. Therefore, in such cases, the court may determine that it is in the best interests of the child to award full custody to the other parent or only provide for limited supervised visits with the incapacitated parent.

A Qualified Boca Raton Family Law Attorney Can Help

Having the requisite mental capacity is only one of many potential issues in marriage, divorce, and other family law matters. Each case will have unique legal questions and you always want to make sure you have an attorney handling your case who understands how to identify and address any potential issues. If you have any type of family law matter, you should not delay in discussing your situation with Boca divorce lawyer Alan R. Burton today. Call (954) 229-1660 for a free consultation.

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.