Details of the Angeli v. Kluka Case

When Alexander Girgis was 3 years old, he underwent adenoid removal surgery. (Adenoid removal surgery is a non-emergency surgery; it is quite common for children who suffer from recurrent ear infections or sinus infections when other treatments fail to resolve the problem.)  Dr. Evelyn Kluka is the surgeon who performed the surgery, and Alexander recovered without any complications. At the time of the surgery, Alexander’s parents were in the process of getting a divorce. Alexander’s mother was the legal guardian who consented to the surgery, since medical treatments on minor children require a parent’s consent.

Five days after the surgery, Dr. Kluka called Alexander’s father, Imad Angeli, to follow up about Alexander’s recovery. Alexander’s father said that he had never given his consent for the surgery and that he planned to file a lawsuit. In the lawsuit, he alleged that his ex-wife had misled the doctor about the father’s consent. It was not a typical malpractice suit because he did not allege that Dr. Kluka had performed an unnecessary surgery or that she had done the surgery incorrectly. The court did not accept the father’s complaint.

What the Law Says About Parental Consent for Medical Treatment of Children

Florida’s case law contains few examples of parents disagreeing about consenting to a child’s medical treatment. The examples that are present are unanimous in saying that the consent of one parent is sufficient to proceed with the treatment. Non-emergency medical treatment is one of the most important items in the Florida parenting plan agreement for exactly this reason. Parents must agree ahead of time which parent has the final say about non-emergency medical treatment for the children. Emergency medical treatment is a different matter. Decisions need to be made quickly, and whichever parent is present when the emergency situation arises has the authority to consent to the necessary treatment.

Contact Alan R. Burton About Parenting Plan Agreements

Drafting a parenting plan can involve many thorny issues, not least among them medical treatment. Contact Alan R. Burton in Boca Raton, Florida about how to draft a parenting plan that will effectively avoid conflicts between parents.

At a minimum, a parenting plan must include the following: (1) A description as to how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; (2) the time sharing schedule arrangements that specify the time that the minor child will spend with each parent; (3) which parent will be responsible for health care; (4) school related matters, including the address to be used for school boundary determination and registration; (5) other activities that the minor child may be involved with and who shall bear the expense of those activities; (6) the various methods in which the parents shall communicate with the child.

A parenting plan can be as detailed as the parents require, and can provide for any specific situation concerning the family.

The Court Can Establish a Parenting Plan

Often times it is difficult for the parents to reach an agreement concerning the time-sharing of their child. If the parties are unable to reach their own agreement, the court will establish the time-sharing schedule, as well as other matters regarding the parenting plan. The court will make the final determination considering the best interests of the minor child.

Parent should keep in mind that it is the public policy of the State of Florida that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved, and to encourage parents to share the rights and responsibilities, and joys, of child rearing.

There is no presumption under Florida law that favors either the mother or the father in consideration of a parenting plan or time-sharing schedule.

Speak to an Experienced Divorce Attorney in Boca Raton for Help

Experienced divorce attorney Alan R. Burton fully understands the stress and trauma that is associated with the divorce process. Thinking clearly while under stress, especially when issues concern your children, is not always easy.  I can put you at ease with the experience I have gathered over the past 40 years, and assist you in creating a viable parenting plan that will work well for you and your family.   Feel free to call me directly on my cell phone at 954–295–9222 or my office at 954–229–1660 for a free consultation and for your peace of mind.

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.

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.