Category: Timesharing/Visitation

Florida Equal Timesharing Law: An Update

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Thursday, February 25, 2016.

A new Senate Bill revises the law on parental timesharing with minor children by making equal timesharing a presumption. This week it cleared the Senate in a 23-15 vote.

Opening day of 2016 Florida legislative session.
Opening day of 2016 Florida legislative session.

I’ve written about Florida’s attempts to make equal timesharing of children mandatory in the past. The new bill creates a rebuttable presumption that approximately equal timesharing with a minor child by both parents is in the best interest of the child.

Under the bill, you may overcome the presumption by providing evidence based on factors that affect the welfare and interests of the child, and the circumstance of the family.

Current Florida law provides a list of factors for the court to consider in establishing or modifying a time-sharing schedule, based on the best interests of the child.

In addition to the factors presently provided in law, SB 250 adds the following:

– The amount of timesharing requested by each parent; and

– The frequency that a parent would likely leave the child in the care of a nonrelative on evenings and weekends when the other parent would be available and willing to provide care.

But the bill may be headed into trouble in the Florida House of Representatives. House leaders are pushing an alimony-reform bill that does not have the same equal time-sharing provision.

House Rules Chairman Ritch Workman, R-Melbourne, said the House is prepared to pass an alimony bill, but is not considering other issues that have “weighed down” past reform efforts.

“We are concentrating on alimony reform,” Workman said. “Anything to do with not alimony is not germane in the House.”

The bill’s sponsor has said the 50-50 child-sharing presumption would create “greater predictability and reliability” in custody cases, replacing the current and vaguer policy of children having “frequent and continuing contact with both parents.”

However, no state has required that courts order equal time-sharing or joint custody of minor children. The presumption creates a uniform rule where the flexibility of ‘the best interest of the child’ may be needed. It requires courts to focus on the quantity of time instead of quality of time, and changes the focus to what is best for the parents instead of what’s in the child’s best interest.

The Sarasota Herald-Tribune article is here.

Thanksgiving Timesharing Tips

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Wednesday, November 25, 2015.

Thanksgiving is a few days away. Before Thanksgiving arrives is the time to resolve timesharing/visitation problems so you can enjoy your turkey dinner with minimum stress for you and your children.

I’ve written about problems and solutions to holiday timesharing before. Here are some good suggestions to make your Thanksgiving visitation battles a little easier:

Alternate. Some families alternate Thanksgiving every other year. If you get the kids for Thanksgiving this year, next year will be the other parent’s turn. Having a regular plan to fall back on can eliminate the potential for what is fair.

Be flexible. An easy Thanksgiving schedule for everyone may require some changes from the normal visitation schedule.

Be respectful. You may not want to be friends anymore, but you need to figure out how to communicate with your ex without all the emotional baggage.

Don’t mix issues. Do not bring up unrelated issues which could make a problem free Thanksgiving dinner impossible. Set aside your differences until after the holiday season.

Pick your battles. Thanksgiving may be more important to you than Easter is to your ex spouse. Don’t fight just for the sake of fighting.

Protect the children. Your children’s memories of Thanksgiving should be about great food and family fun. They should not be forced to witness you and another parent arguing.

Plan. Start talking about the holiday visitation schedule sooner rather than later, the longer you wait the harder it can be.

Thanksgiving can be stressful. But the weather has cooled, kids are on vacation, and work may have slowed too. Try to make it the best time of year.

Denying Visitation: Is Jailing Kids the Answer?

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Sunday, November 15, 2015.

Three children, estranged from their father, refused a court order to timeshare with him. The judge sent them to juvenile detention for the summer. Did it work?

As the Detroit Free Press reports, the judge was abrupt:

You both are going to live in Children’s Village. Your mother is not allowed to visit, no one on your mom’s side is allowed to visit. Only your father and therapist . . .

When you are ready to have lunch with your dad, to have dinner with your dad, to be normal human beings, I will review this when your dad tells me you are ready. Otherwise, you are living in Children’s Village til you graduate from high school.

That’s the order of the court.

Good bye.

The children had refused to speak to their father, they did not show up for planned visitations, would bow their heads and refuse to look at him during supervised visits. Their mother failed to bring them for visitation.

Judge Gorcyca, who blamed the mother for poisoning the children’s attitude toward their father, ordered the children be sent to juvenile detention for defying her court orders – while in court – that they go to lunch with their father.

I’ve written before about parental alienation. Parental alienation involves one parent “programming” a child to denigrate the other parent to undermine and interfere with the child’s relationship with the targeted parent.

In the Detroit case, the children – ranging in age from 9 to 15 – were held in contempt of court for disobeying the judge’s order to “have a healthy relationship with your father.”

These are not unsophisticated parents. The father is an internationally prominent traffic safety researcher and GM engineer. The mother is a pediatric eye doctor, glaucoma researcher, and an assistant professor of ophthalmology at the University of Michigan.

In sentencing the children to jail for refusing to follow her orders to have a relationship with their father, the court took severe action.

But did it work?

According to Detroit area newspapers, the three children went to juvenile detention, and a court-ordered, five day intensive therapy treatment designed to treat parental alienation. They are now residing with their father, his second wife, and their young half-brother.

The Father is asking the judge to prohibit the children’s mother from contacting them, or appearing at their schools, for the next 90 days, part of the protocol in reuniting children with an estranged parent.

The Detroit Free Press article is here.

Hard Time-sharing: Visiting the Parent in Prison

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, July 20, 2015.

Here in the freest country in the world, we have over 2.2 million people behind bars, the highest rate in the world. For children timesharing with an incarcerated parent, it’s not all “cupcakes and lollipops”. A new study is looking at the problem.

The purpose of the study was to better understand the factors associated with, and effects of, prison visitation for children during maternal and paternal incarceration.

As gatekeepers, caregivers play a pivotal role in the facilitation of parent-child prison visitation. Yet, some caregivers may be more likely to take children to visit than others.

The study, “It’s Not All Cupcakes and Lollipops:’ An Investigation of the Predictors and Effects of Prison Visitation for Children during Maternal and Paternal Incarceration.”

The study found that 65% of children reacted negatively to prison visitation, resulting in crying, emotional outbursts, depressive symptoms, poor attitudes, acting out, and developmental regression, according to interviews with caregivers who have a parent incarcerated in the Arizona Department of Corrections.

One-third of children were reported to have had a positive experience, which included excitement and improved attitudes and behaviors.

“In-prison visitation may be considered a ‘reset’ button for prisoners, caregivers, and children as they attempt to settle the past, discuss the present and plan for the future,” Tasca said.

“At the same time, however, prison visitation can be an arduous undertaking emotionally, physically, and economically for children and caregivers.”

Two primary factors shaped how children responded to visits with an incarcerated mother or father: the institutional environment and the parent-child relationship.

“The punitive nature of corrections often extends to the family, including intrusive search procedures, poor treatment by staff and visiting rooms not conducive to family interactions,” Tasca said.

“Levels of parental attachment also were in issue, with some highly strained because of limited prior involvement and criminal activities.”

According to the Bureau of Justice Statistics, in 2013 there were about two million children with an incarcerated parent, predominately from poor, minority families. About one-quarter to two-thirds of children visit a parent in prison.

For incarcerated mothers, children were accompanied most frequently by a grandmother; for incarcerated fathers, it was the child’s mother who often escorted the child to prison.

Most families of prisoners are fiscally and emotionally overburdened, the study found. More than half of the caretakers of the children of imprisoned parents were on public assistance and lived more than 100 miles from the facility where prisoners were housed.

The study should add to the collateral consequences of incarceration literature by providing greater insight into the imprisonment experience for vulnerable families.

The study is available here.

Alimony Reform & A Presumption of Equal Timesharing

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Thursday, April 16, 2015.

Equal timesharing and alimony reform are back again, as the Florida Legislature is in session. Competing House and Senate bills are being circulated which dramatically change alimony and may create a presumption of equal timesharing (custody).

I’ve written about the Legislature’s past attempts to reform alimony before. Senate Bill 1248 is the latest attempt to do away with permanent alimony, and create a set of guideline to automatically calculate the amount of alimony awardable, and the term for how many years alimony would last.

Both bills reform alimony. With respect to alimony amounts, the bill establishes presumptive alimony ranges. The presumptive amounts are determined by formulas based on the difference between the parties’ gross incomes and the length of the marriage. The bill also limits the duration of alimony to 25% or 75 % of the length of the marriage.

However, unlike the House bill discussed in earlier posts, the Senate bill adds something different: equal timesharing for moms and dads:

“Approximately equal time-sharing with a minor child by both parents is presumed to be in the best interest of the child.”

The bill establishes a presumption that approximately equal timesharing with a child by both parents is in the child’s best interest. However, a court can order unequal timesharing if unequal timesharing is supported by written findings of fact.

Fifty-fifty timesharing between parents sounds like a great idea, and there are strong arguments for and against a presumption of equal timesharing. Here are some of the argument for and against a presumption in favor of equal timesharing:

Pro

Each year, cases are tied up in court to establish a right to see their children that they would automatically have if they were married.

An equal time presumption promote Florida’s existing policy of frequent contact after divorce.

Equal timesharing puts the burden on the parent opposing equal timesharing, changing the dynamics of custody litigation.

Equal timesharing is consistent with Florida’s existing no-fault concept.

Con

Requiring every family to have equal timesharing is like requiring every family to wear a size 4 shoe. Not every family fits.

The presumption creates a uniform rule where the flexibility of ‘the best interest of the child’ is needed.

Requires courts to focus on QUANTITY of time instead of QUALITY of time.

Requires courts to focus on what’s best for the parents instead of what’s in the child’s best interest.

With the 2015 Legislative session roaring up north, and competing bills in the House and Senate, this is a very interesting issue to keep your eye on.

Another Presumption of Equal Timesharing

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, February 23, 2015.

The Florida legislature passed a bill making a presumption of equal timesharing mandatory. The bill was vetoed by the governor. Is another bill likely? If Nebraska is any indication, the answer is yes.

Last week a Nebraska senator introduced a bill that would encourage judges to more fairly divide custody between separated parents, and requires that judges split custody by at least 65/35, unless there are circumstances in a case that warrantless visitation.

The senator says it’s important for kids to have both parents in their lives.

“Parents and kids alike, you know, thrive off of each other. The things that a young lady or a young man get from their parents are different. Moms and dads are different creatures and so it’s good for them to have exposure to both.”

She added that the bill would also benefit extended family members.

“If you’ve got one parent getting significantly less time with their kids, it also means that their grandparents may be getting less time with their kids. I’ve had several grandmothers call me and say hey, my son only gets one weekend a month with his kids which means that I never see my granddaughters.”

Last year I spoke at the FLAFCC regional workshop discussing the pros and cons of the equal timesharing presumption. I’ve also written about it before.

Fifty-fifty timesharing between parents sounds like a great idea, and there are strong arguments for and against a presumption of equal timesharing. Here are some of the arguments for and against a presumption in favor of equal timesharing:

Pro

Each year, cases are tied up in court to establish a right to see their children that they would automatically have if they were married.

An equal time presumption promote Florida’s existing policy of frequent contact after divorce.

Equal timesharing puts the burden on the parent opposing equal timesharing, changing the dynamics of custody litigation.

Equal timesharing is consistent with Florida’s existing no-fault concept.

Con

Requiring every family to have equal time-sharing is like requiring every family to wear a size 4 shoe. Not every family fits.

The presumption creates a uniform rule where the flexibility of ‘the best interest of the child’ is needed.

Requires courts to focus on QUANTITY of time instead of QUALITY of time.

Requires courts to focus on what’s best for the parents instead of what’s in the child’s best interest.

With the 2015 Legislative session starting next month, and bills in committee, this is an interesting area to keep your eye on.

The article on Nebraska’s new bill can be found here.

Spanish Prohibited: Custody & Freedom of Speech

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Sunday, February 1, 2015.

Florida courts have a lot of power to protect children in custody cases. Does that mean a judge can order you not to speak to your child in Spanish? An appellate court outside Tampa just answered this question, balancing child protection and freedom of speech.

In Perez v. Fay, a mother went from being the primary caregiver to having only supervised time-sharing twice weekly for 4-hours under the nose of a timesharing supervisor. The trial judge also allowed her daily telephone calls with her daughter, supervised by the Father.

The Mother was Venezuelan, and because the Father did not speak Spanish, the court ordered: “Under no circumstances shall the Mother speak Spanish to the child.”

The judge was concerned about the Mother’s comments, after the Mother “whisked” the child away from the time-sharing supervisor in an earlier incident, and had a “private” conversation with her in a public bathroom. She was also bipolar and convicted of two crimes.

Ordering a parent not to speak Spanish violates the freedom of speech and right to privacy. The Second District Court of Appeals, which covers Tampa and Southwest Florida, reversed the restriction.

Two of the three judges overturned the order on technical grounds. But it was Judge Wallace who makes the Constitutional argument in an excellent concurring (separate) opinion:

The trial court’s order also violates the Mother’s most basic rights. More than ninety years ago, the United States Supreme Court declared that the agents of the state may not tell parents what languages they may teach their children.

Here, the trial court’s order improperly infringes on the Mother’s constitutional right to determine the language or languages about which her child may receive instruction.

In addition, the Florida Constitution guarantees its citizens the right of privacy . . . “Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein.”

Undoubtedly, the sphere of private life in which one must be let alone, free from governmental intrusion, includes the right to speak with one’s child in the language of one’s choosing and not to have that choice dictated by the agents of the state.

Sadly, the trial court’s order in this case prohibiting the Mother from speaking Spanish to her daughter is not an isolated incident. One commentator reports that trial judges in Texas and Nebraska have issued similar edicts prohibiting parents from speaking Spanish to their children.

In my view, Florida’s trial courts have no business telling parents what languages they must speak or must not speak with their children.

More analysis about the case comes from the Washington Post, Volokh Conspiracy.

The opinion of Perez v. Fay can be read here.

Making Holiday Timesharing Easy

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Wednesday, December 24, 2014.

For many people, the holidays are not always happy times. In my experience, the holiday season is a stressful one for people with custody and timesharing obligations.

This year is shaping up to be no different than other years. As the Washington Times reported:

Believe it or not, most attorneys would rather enjoy the holidays with our own families than rush into court to file emergency legal documents for stressed out clients during the season.

Due to the recent court cutbacks, emergency filings are an even greater strain on everyone. This is the time to think ahead, anticipate and solve problems so you can enjoy your holiday season with minimum stress for you and your children.

Here are a few tips for parents to lower or prevent your divorce ruining your holidays or bank account:

Look at the timesharing schedule in your agreement or final judgment. Become familiar with specific holidays, dates and the times the kids are supposed to be with you, or the other parent.

Send a nicely worded confirmation email of the holiday schedule to the other parent to avoid disagreements early on.

Be flexible. Relatives can make special visits during the holidays, and it might be the only time of year seeing the children is possible. Fostering relationships with extended family is considered in the children’s best interest.

If your divorce is ongoing, spending the holidays with your soon to be ex and his or her family is way too much stress right now. After the wounds heal, think about taking the high road and sharing a holiday instead of splitting or alternating one.

A little pre-planning and communication can save you a lot of emotional and financial expense.

This is a special time of the year for children and parents. The weather has cooled, kids are on vacation, and work may have slowed for you. Try to make it the best time of year.

Holiday Timesharing – Problem Free

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, December 15, 2014.

Holidays are stressful. The ringing you hear in family law firms is not sleigh bells, but telephones calls from angry clients fighting over timesharing, holidays, vacations and gifts.

Believe it or not, most attorneys would rather enjoy the holidays with their own families than rush into court to file emergency legal documents for stressed out clients during the holiday season.

Due to the recent court cutbacks, emergency filings are an even greater strain on everyone. Before the holidays arrive is the time to think ahead, anticipate and solve problems so you can enjoy your holiday season with minimum stress for you and your children.

Here are a few tips for parents to lower or prevent your divorce or separation from ruining your holidays or draining your bank account:

Look at the timesharing schedule in your agreement or final judgment. Become familiar with specific holidays, dates and the times the kids are supposed to be with you, or the other parent.

Make your holiday and travel plans in advance. Send a nicely worded confirmation email of the holiday schedule to the other parent to avoid disagreements early on.

Be flexible. Relatives can make special visits during the holidays, and it might be the only time of year seeing the children is possible. Fostering relationships with extended family is considered in the children’s best interest.

If your divorce is ongoing, spending the holidays with your soon to be ex and his or her family is way too much stress right now. After the wounds heal, think about taking the high road and sharing a holiday instead of splitting or alternating one.

A little pre-planning and communication can save you a lot of emotional and financial expense. This is a special time of the year for children and parents.

The weather has cooled, kids are on vacation, and work may have slowed for you. Try to make it the best time of year.

An article with similar advice is available at WebMD here.

Halloween Timesharing

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On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, October 27, 2014.

The screams this Halloween may have nothing to do with spirits. Sometimes they are the howls of frustration from divorce and separated parents fighting over Halloween timesharing. Children should have a fun night. How can you help?

Diane L. Danois, a Certified Family Law Mediator, Parenting Coordinator, and Co-Parenting and Divorce Coach offers a few tips:

Plan ahead. Communicate with the other parent about what the plans for Halloween are.

Review your Parenting Plan to see if there is a provision for Halloween. The Florida Supreme Court approved parenting plans include a holiday section which expressly discusses Halloween.

Are you and you Ex-spouse available to go trick or treating this year? Is there an opportunity to adjust the schedule? Whatever the final decision, don’t put the kids in the middle or leave it to the last minute.

Sharing Halloween can be fun. If you and your Ex live in different neighborhoods, try to make arrangements to have your children split the evening and trick or treat in both neighborhoods! The kids won’t say, “NO!” to double the candy!

It may be a little awkward to stroll around the neighborhood with your Ex and her new spouse, but think about the message you will send your children: We can put our issues aside for your benefit.

Alternatively, you can split the holiday into separate events. If your situation simply doesn’t allow for co-parenting, think about spending Mischief Night (October 30th) with one parent, and Halloween Night (October 31st) with the other.

You can also split up the Halloween preparation. Shop for costumes together, or carve pumpkins with one parent, and put up fake ghosts, goblins, spiders and other Halloween decorations and then trick-or-treat with the other.

Extend the celebration by sharing photographs of your kids in their costumes to all members of their family! Tweet, Instagram, or Facebook the fun.

If none of the above will really work for your circumstance, and you find yourself planning on a quiet night with the lights off, let your children know that you’re OK!

Don’t amp-up on your own loneliness, or let your children know that you will miss them so much while they’re out trick or treating and you’ll be all alone. Let your treat be giving them the knowledge and comfort that you’re having a fun evening, too!

Lastly, a word of advice: Don’t ask your children with whom or where they would like to spend Halloween. Your kids don’t need or want the pressures associated with having to choose. Assume that under different circumstances, your children would want to be together with both of their parents at the same time… and then work from there.

The article can be read here.