Category: Timesharing/Visitation

Equal Timesharing Presumed in Florida

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On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Friday, February 7, 2014.

Child custody is on everyone’s mind again as the Florida Legislature prepares for its March 2014 session. Last year, Governor Scott vetoed a bill with a presumption that parents always have equal timesharing with their children. This week I spoke at the FLAFCC regional workshop discussing the pros and cons of that presumption.

Fifty-fifty timesharing between parents may sound 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 raised at the workshop:

Pro

  • Each year, cases are tied up in court to establish a right to see children that parents would automatically have if they were married.
  • An equal time presumption promotes 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.

The FLAFCC workshop was well attended. Family lawyers, family division judges, expert psychologists and interested people were able to break out into teams, listen to lectures and watch movies on the issue.

With the 2014 Legislative session starting next month, and bills already in committee, this is an interesting time to keep your eye on this issue.

Speaking about Equal Timesharing Presumptions this Friday

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On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, February 3, 2014.

I will be speaking Friday, February 7, 2014, at the Florida Chapter of the AFCC Miami Regional Training held at the Lawson E. Thomas Family Courthouse. The subject is: “Equal Time-sharing: Is It Presumptively Best?” The AFCC is an organization of judges, lawyers, mental health professionals, and other experts who are improving the lives of children and families. The training is open to anyone interested in this important, interesting and timely topic.

Child custody, now known in Florida as time-sharing, can be an extremely painful part of any divorce or separation. Fathers think courts always side with Mothers. Conversely, Mothers worry Fathers only want to increase timesharing to lower their child support obligations. When parents can’t agree, the court has to decide.

What are the presumptions judges must rely on in creating a parenting plan and time-sharing schedule? Have you ever wondered what judges, lawyers, parenting plan evaluators, guardians ad litem and other related professionals thought of equal timesharing? If so, then this is an event for you.

Florida used to have a judicially created presumption against rotating custody. Then last year, legislators working on the alimony bill added a last-minute provision requiring courts to order equal timesharing. The alimony bill was ultimately vetoed by Governor Scott at the last minute. However, there are rumors that it may surface during this upcoming legislative session.

I hope to see lawyers, judges, clients, anyone interested in this topic, and readers of this blog there.

Are Stay at Home Dads Overhyped?

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On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Tuesday, October 1, 2013.

With the new alimony reform bill percolating in Tallahassee, there is talk of creating a legal presumption that child custody with children should be equal between moms and dads. There is a common perception that more dads are choosing childcare over careers. But is this a trend, a bubble, or drop in the pan?

According to the Census, the number of stay-at-home dads has more than doubled over the last decade and a half, from about 76,000 in 1994 to 189,000 as of last year.

So does that mean stay at home dads is a significant change?

Not really. Among all married couples with children under 15, only 0.8 percent includes a stay-at-home dad. And as the Atlantic reports, even that small percentage overstates the importance of the stay at home dad phenomena:

First, we’re living in the age of the single parent. More than half of births to women under 30 happen out of wedlock, and women disproportionately end up taking care of those children.

Second, even among two-parent households where women work, the percentage of men acting as the primary caregiver has actually declined slightly.

Third, as the Pew Survey notes, women in dual earner households spend 12 hours a week on childcare on average, compared to just 7 for men.

The rise of stay-at-home dads sounds good, but it may be a lot of hype:

A decade ago, you could pack every stay-at-home dad into the University of Michigan’s football stadium. Now, you’d just need Michigan and Ohio State’s.

Worse, over the last 15 years, men have collectively stopped taking on more child care giving responsibilities, not take on more of them.

Dogs, Cats and Hamsters: Who Gets Custody of the Pet?

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On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, July 29, 2013.

Imagine you’ve been married for 12 years, but you don’t have children. During your marriage a child custody chocolate Labrador retriever named “Brownie” has been your close friend, guardian and constant companion – especially since your relationship with your spouse has soured.

The problem is your soon-to-be husband or wife feels the same way about Brownie.

So, who does a judge award Brownie to? Can a judge order a timesharing schedule? Any visits at all?

Clients often come to me with their concerns about pets in the divorce. In other common law countries, such as the UK, Australia, Canada and New Zealand, we share a similar family law and love of pets.

According to a recent report, pets are increasingly being raised as an issue in separation:

Nearly one in 10 Australians have lost possession of a pet in a relationship breakdown.

About 15 per cent in one Australian survey participants wrongly believed the Family Court would make shared-custody arrangements for their pets.

“Particularly in childless marriages, the animals are really important and people find it difficult to understand why the court can’t deal with the emotional attachment.”

“The pets represent the family,” she said. “They’ve had animals that have replaced the child they couldn’t have.”

“You’re talking about really strong emotional bonds that get formed over time and so it’s not just ‘You keep the lounge room furniture and I’ll keep the bed’,” he said.

Your pet dog Brownie may be considered a member of the family, but under Florida law, Brownie is merely chattel – personal property to be divided in divorce. And a judge lacks authority to grant custody or award visitation or a timesharing schedule to personal property.

Not all states have ruled out a visitation schedule for dogs. For instance, while Texas also views dogs as personal property, in one case a Texas court authorized visitation.

Florida doesn’t because Florida courts are already overwhelmed with the supervision of custody, visitation, and support matters related to the protection of children, that courts cannot undertake the same responsibility as to animals.

A Presumption of Equal Timesharing: Pros and Cons

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On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Wednesday, May 29, 2013.

Florida divorce has tons of legal presumptions. This month Governor Scott vetoed a Senate bill that created another one: a presumption of equal timesharing.

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 pros and cons:

Pro

  • Each year, cases are tied up in expensive litigation to establish a right to timesharing that, had the parents not been divorced, they would automatically have.
  • If we presume children should spend equal time with both parents, it would encourage Florida’s existing policy of frequent contact with both parents after divorce.
  • Equal timesharing reduces the amount of custody litigation that takes place in Florida, sparing children from being dragged into the middle of bitter custody battles.
  • Equal timesharing puts the burden on the parent opposing equal timesharing, changing the dynamics of custody litigation.
  • A presumption of equal timesharing could discourage people from engaging in custody litigation that serves no purpose other than to cause unnecessary expense, and significant unnecessary stress on the other parent.
  • Equal timesharing is consistent with Florida’s existing no-fault concept.

Con

  • Equal timesharing is unworkable in many families;
  • A presumption of equal time can never be implemented;
  • The presumption of equal timesharing creates a uniform rule where the flexibility of ‘the best interest of the child’ is needed.
  • An equal timesharing presumption won’t lead to an increase in the number of equal timesharing schedules;
  • Equal timesharing may force some children into arrangements that is not in their best interests, and focuses the court’s attention on the quantity of parenting time, not the quality of parenting;
  • A presumption in favor of equal time might replace the best interest of the child test in decision-making.

So, will equal timesharing save children from custody battles, and lead to more time with both parents? Or is the presumption of equal timesharing just distracting courts from focusing on the quality of parenting and forcing them to only consider the quantity of parenting?

The text of Senate bill 718 can be read here.

Grandparent Visitation Reaches the Whitehouse

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On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Tuesday, February 5, 2013.

Grandparent child custody is a highly contested issue in Florida. Although research shows that grandparent involvement in grandchildren’s lives has positive outcomes, government support for grandparent custody and visitation rights is lagging in Florida, and has had mixed results around the country.

Things might change. Grandparent visitation has taken center stage as the Obama transition team announced that Marian Robinson – Michelle Obama’s mother – will leave her Chicago home and move into the White House.

Robinson has traditionally watched the Obama granddaughters during the presidential campaign, when she routinely stayed in the Obama home in Chicago. As Grandparents.com reports:

“Mrs. Robinson will be coming with the family to help the girls get acclimated,” Deputy Communications Director for Michelle Obama, Semonti Mustaphi, told Grandparents.com this afternoon.

Robinson will become the first Presidential in-law to live in the executive mansion since Eisenhower’s mother. Multi-generational households is part of a growing trend in our country. The 2010 United States Census reflects:

  • 5.7 million grandparents live at home with their grandchildren
  • Multiple generation households have increased by 25%
  • 70% of grandparents take care of their grandkids regularly
  • 13% are primary caretakers

In an interview with The Boston Globe, Robinson said that she enforced an 8:30 bedtime and provided the girls with organic food – as her daughter demanded – when she sat for them in their own home. But when the girls had sleepovers in Robinson’s home, she admitted, “I have candy, they stay up late … they watch TV as long as they want to, we’ll play games until the wee hours. I do everything that grandmothers do that they’re not supposed to.”

As our nation’s commander-in-chief, President Obama admitted that in his home, he picks his battles carefully: “I don’t tell my mother-in-law what to do … I’m not stupid. That’s why I got elected president, man.“

Grandparent Visitation . . . Chinese Style

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On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, January 28, 2013.

Grandparent rights to child custody their grandchildren over the objections of fit parents do not exist in Florida. However, Florida does offer a few morsels. For instance:

  • Florida parents who are activated, deployed, or temporarily assigned to military service can now designate to grandparents their timesharing rights.
  • Also, Chapter 751 authorizes a court to order concurrent custody to extended family members who have physical custody, but lack documentation necessary to consent to a child’s medical treatment, or to enroll a child in school.
  • Additionally, voters adopted the “Granny Flats” amendment to the Florida Constitution, which provides tax incentives for constructing living quarters for grandparents.

But, these are just crumbs of visitation rights compared to how well grandparents are treated elsewhere. As the Bangkok Post reports, China has passed a new law requiring parents to regularly visit elderly relatives!

The ruling, approved by China’s National People’s Congress on Friday, is part of a package of amendments to the Protection of the Rights and Interests of the Elderly legislation and will come into force on July 1, 2013.

“Family members who live separately from the elderly should visit them often,” the law says, adding that “employers should guarantee the right to home leave in accordance with relevant regulations”.

The law mentions no specific penalties for those who fail to visit frequently, nor elaborates on what “often” means.

But it does state that if the rights and interests of the elderly are violated, they or someone on their behalf can seek official help or file a lawsuit.

The wide-ranging law includes clauses covering intra-family conflicts regarding support obligations, housing and assets. It stipulates punishments for people who abuse the elderly, fail to support them and interfere in their freedom to marry.

The legal changes reflect the challenge China faces in dealing with an increasingly ageing society after three decades of limiting couples to a single child.

The official Xinhua news agency said Friday that the law was amended “amid government efforts to find comprehensive solutions to issues facing the elderly population, as the number of Chinese senior citizens has grown rapidly in recent years”

Timesharing in the Digital Age: The Good and Bad

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On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Thursday, December 20, 2012.

Child custody timesharing and visitation problems can be very stressful . . . even when parents get along well. No matter how well ex-spouses and parents cooperate with each other, there’s a good chance of angry phone calls, tearful exchanges, and even knock down drag out shouting matches. That’s because the strong emotions are still there. Often these arguments are played out in front of the children.

Technology can be a great way to shield children from parents fighting, ease the pressure of face-to-face communication between parents, and also to have more meaningful timesharing when your child is with the other parent. After all, we live in a world where we have video telephones, and wouldn’t you rather see your children when they are away rather than just hear them?

The New York Times recently reported on the growing trend of relying on text, email, Skype, Facetime and other online and digital tools to help facilitate timesharing. These digital means of communicating have replaced the face-to-face confrontations of the past, and have helped – I think – to avoid many of the heated exchanges in front of the children which typically take place during divorces and even afterwards.

MOST divorced couples would probably prefer not to see each other. Ever again. But when you share custody of your children, you have to assume a certain amount of face-to-face time amid the endless back-and-forthing.

Think of the clashing summer vacation plans, the who-goes-to-Lucy’s-birthday-party, the “Max forgot his homework again” at Dad’s. And those devilish contretemps that can arise if Mom, for example, decides to keep her house kosher while Dad serves the children pork chops. Or if her new boyfriend is suddenly sleeping over on “her” nights to host the children.

But just as new technologies have helped to facilitate communication between ex-spouses and divorcing parents, the technology can be abused as well. As the New York Post reports, technology can also be a means for snooping on the other parent. Consider the one case up in New York:

Fordham law Professor Annemarie McAvoy was ordered to take away the boy’s iPhone because she was using the Apple device to pry into the father’s home – spending long stretches talking with their son via the smartphone’s FaceTime video-chat feature. The judge noted:

“I believe the mother has entered the father’s home and has taken up residence to a certain extent,” Brooklyn Supreme Court Justice Jeffrey Sunshine said.

Technology can be a double-edged sword. Not enough, and parents are forced into facing each other. And, face-to-face confrontations can be stressful and lead to arguments. Too much technology, and parents can use electronic devices to spy on the other parent or the child or worse.

Avoiding Holiday Visitation Emergencies

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On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Sunday, December 9, 2012.

For people going through child custody, or who are very recently divorced, the holidays are not always happy times. In my experience, the holiday season is a stressful one, and this year is shaping up to be no different than other years. The ringing you hear in family law firms is not sleigh bells, but telephone calls from upset clients fighting over holiday visits, winter vacation plans and gift giving. As the Washington Times reported recently:

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

Grandparent Visitation in the Bluegrass State

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On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Thursday, November 8, 2012.

Whether or not a grandparent can file a court action for visitation or child custody with their grandchildren has been a closely watched issue in every state in the country. You should know that different states have different standards for allowing grandparent visitation, and that the law is still developing.

Under current case law in Florida, grandparents can be denied visitation with their grandchild by the child’s parents. This is true even if they had what most people would consider a classic grandparent-grandchild relationship; one involving regular visits. Many grandparents complain that they are treated as little better than strangers. This is a little ironic, as Florida has one of the largest populations of the elderly, and has by far the highest proportion of elderly citizens.

In 2000, the United States Supreme Court rendered an opinion to settle the issue for the entire country in the case of Troxel v. Granville. In Troxel the U.S. Supreme Court decided that parents have a fundamental liberty interest in the care, custody, and control of their children, and that a fit parent acts in the best interests of their children. However, the court did not define the precise scope of the parental due process right, the U.S. Supreme Court itself was divided on the issue, and left certain decisions for each U.S. state to decide for themselves.

Kentucky just decided. At the end of October, and in an opinion so new it’s not even published in the official reporter yet, the Supreme Court of Kentucky ruled:

The constitutional presumption that a fit parent acts in the child’s best interest is the starting point for a trial court’s analysis. The grandparent petitioning for visitation must rebut this presumption with clear and convincing evidence that visitation with the grandparent is in the child’s best interest. In other words, the grandparent must show that the fit parent is clearly mistaken in the belief that grandparent visitation is not in the child’s best interest. If the grandparent fails to present such evidence to the court, then parental opposition alone is sufficient to deny the grandparent visitation. A trial court can look at several factors to determine whether visitation is clearly in the child’s best interest.

This is a very different standard than what grandparents in Florida have. Kentucky authorizes grandparent visitation under a basic, best interest of the child standard. Florida adheres to a tougher standard, which requires showing of a compelling state interest to allow grandparent visitation rights over the objections of fit parents. In other word, grandparents have to show some of evidence of harm to the child as a basis for awarding grandparent visitation