Tag: Child custody

Divorce Waiting Periods

Posted by Ron Kauffman on

With quarantines loosening up around the state, there has been a constant stream of reports of couples filing for divorce. What if, after weeks in quarantine, you discovered you had to wait two years to divorce? Citizens of Pennsylvania are in for a surprise when their quarantine ends, as the governor has changed their waiting period.

PA Divorce 2

It’s Always Sunny in Philadelphia

In Harrisburg, Pennsylvania Governor Tom Wolf signed a new state law that reduced the divorce waiting period time after a no-fault divorce from two years to one.

Law 102, which will enter into force by 60 days, reduces the waiting period for a one-way divorce without errors from two years to one.

Marriage in Pennsylvania is a traditional divorce and two types of divorce without errors: mutual consent and a two-year separation. Separation simply means that you and your spouse live separately and individually, either under one roof or otherwise.

It is important to note that a one-year divorce waiting period does not necessarily mean that the divorce will be completed in one year. Proponents of the new law believe that it will reduce emotional pressure on families, which seems to worsen the two-year waiting period.

This new rule can save your spouse time, money, and emotional trauma. There is also a delay for people whose spouses disagree with the divorce.

Florida Divorce Waiting Period

The official term for divorce in Florida is “dissolution of marriage”, and you don’t need fault as a ground for divorce. Florida abolished fault as a ground for divorce.

I’ve written about divorce and your rights before. Helping to expedite your divorce, the no-fault concept in Florida means you no longer have to prove a reason for the divorce. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

Before the no-fault divorce era, people who wanted to get divorce either had to reach agreement in advance with the other spouse that the marriage was over, or throw mud at each other and prove wrongdoing like adultery or abuse.

No-fault laws were the result of trying to change the way divorces played out in court. No fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom.

Florida also has a divorce waiting period of sorts, although it’s not as long as Pennsylvania’s.

In Florida, no final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage.

However, the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.

Either spouse can file for the dissolution of marriage. You must prove that a marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken.

Back at The Office

From Pittsburgh to Scranton, residents across Pennsylvania will be heading back to the office. A shorter divorce waiting period makes life easier not only for those divorced couples, but also for their children. In a statement, however, Republican Tara Tohil from Lucerne County, who sponsored the bill, said the quickest solution was in everyone’s favor.

“A shorter waiting time helps solve the couple’s financial situation faster and at a lower cost so that they can take care of the well-being of their children,” she said.

Although Law 102 shortens the waiting period after separation from two years to one year, the actual date of separation is still an important factor that can determine many aspects of the divorce process.

The fact is that happy couples will not file for divorce using a simple procedure. After you file for a divorce in Pennsylvania without your fault, you and your spouse will have to wait 90 days from the date you filed the complaint about the divorce before you file 5a and 5b, declaring your consent to the divorce. Therefore, if both parties agree to a divorce and each of them submits an application to the court, the divorce process can be completed much earlier if neither side agrees.

Although an erroneous divorce is always possible, most Pennsylvania couples are perfectly divorced, which means that one spouse is not required to prove that the other has committed an offense. Both spouses must be available and ready to sign legal documents confirming that they agree to a divorce. Thus, the waiting time is only 90 days.

Lehigh Valley’s Morning Call article is here.

 

Can Working Parents Get Child Custody over a Stay Home Parent and There’s Good Coronavirus Information

Posted by Ron Kauffman on

Roughly 18% percent of parents in America stay home to raise their children, and a majority of parents are working outside the home. Does working outside the home weaken your chances to be awarded child custody over the stay-at-home parent? A Michigan court just answered that question. There’s also some good coronavirus information.

Working Child Custody

Custody in the Mitten State

In a recent Michigan case, a family judge found that a child had an established custodial environment only with the mother, Sarah, largely because Sarah “was the stay at home mom while the parties were together” and the child “is with her the majority of the time.” The other mother, Bridget, had her timesharing reduced because she worked outside the home.

Bridget and Sarah married in April 2014. They had a child using Bridget’s egg fertilized with a sperm donor and implanted in Sarah. Bridget and Sarah agreed that Sarah would stay home to raise their child while Bridget worked as a canine officer with the Eastern Michigan University Police Department.

Bridget and Sarah’s relationship began to deteriorate after the child’s birth. Money was tight and Bridget claimed that Sarah rejected Bridget’s requests that she return to work. Sarah, on the other hand, accused Bridget of belittling her role as a stay-at-home parent.

Bridget worked overtime when possible and was sometimes required to travel for work events. Bridget’s absence put a strain on the relationship. Eventually, the couple’s arguments, suspicions, and verbal mistreatment of each other took its toll and Bridget filed for divorce.

Bridget testified that during their marriage, both she and Sarah served as “primary caretaker[s]”. Bridget asserted that she “picked [her] shift at work to make it so that [she] could have the most amount of hours with the child during the day as possible.

Ultimately, the court awarded sole legal and physical custody to Sarah, with “reasonable rights parenting time” to Bridget. The court considered the best-interest factors in favor of Sarah.

In the best interest analysis, the court expressed a decided preference for Sarah as the stay-at-home caretaker because Sarah “has closer parental and emotional ties to AB than does Bridget by virtue of being able to spend significantly more time with her.

Florida Child Custody

I’ve written about child custody before – most recently about problems with the outbreak of the coronavirus pandemic. Unlike Michigan for example, Florida does not use the term “custody” anymore, we have the parenting plan concept. For purposes of establishing a parenting plan, the best interest of the child is the primary consideration.

Similar to Michigan’s statute, in Florida, the best interests of the child are determined by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including the mental and physical health of the parents.

Some of those factors include similar language, The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity, and the demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

Bingo Bango

The family court in Michigan held that changing primary physical custody to the working parent would destroy the established custodial environment with the non-working parent. Conversely reducing the working parent’s time sharing was not such a drastic change that it would destroy the established custodial environment.

The appeals court reversed, finding that the family judge erroneously weighed the best interest factors  in the stay at home parent’s favor by finding she “has closer parental and emotional ties to [AB] than does the working parent by virtue of being able to spend significantly more time with her.”

The court also reversed because the judge concluded the non-working parent will enable her to be far better able to provide her with love, affection and guidance than the working parent, who spends much of her days at work.

The fact that the parties agreed before conceiving that one parent would stay at home to raise the child while the other would financially support the family does not equate with one parent loving the child more or having more affection for the child.

Despite treating Bridget as a less viable parent because she chose to work outside the home, the court declined to credit Bridget for her ability and willingness to earn an income and provide health insurance for her child.

Good Coronavirus Information

The practice of quarantine began during the 14th century to protect coastal cities from the plague. Ships arriving in Venice from infected ports were required to sit at anchor for 40 days before landing. This practice, called quarantine, was derived from the Italian words quaranta giorni which mean 40 days.

After more than 40-days in quarantine, Florida and other states are ready to disembark and dip their toes into re-openings. Re-openings will happen mostly in stages in line with recommendations from many health experts and economists.

The big concern at this point is, as we creep back to normal, are which activities create the risk of a rebound?

Dr. Anthony Fauci estimated that the country is conducting approximately 1.5 million to 2 million Covid-19 tests per week, and it is likely the testing capacity could be doubled within the next several weeks.

Careful planning to manage the virus is crucial because it will likely still be one to two years before a coronavirus vaccine is developed and ready for large-scale production.

The Michigan appellate opinion is here.

 

Emergency Child Custody and Good Coronavirus Info

Posted by Ron Kauffman on

For one Miami emergency room physician, who was told to decide between her job or her daughter, the coronavirus has been a nightmare. That’s because family judges are having to make emergency child custody decisions – sometimes against our first-responders. There’s also some good coronavirus information.

ER Custody

ER Court

The coronavirus is a global pandemic. State of emergencies have been declared around the country. Currently, there are over 800,000 confirmed cases of COVID-19 in the U.S. and roughly 47,00 deaths according to the Center for Systems Science and Engineering at Johns Hopkins University.

In Miami, an ER doctor had to leave her 5 year old child indefinitely with a man she alleges repeatedly physically beat her during the marriage. Yet, a Miami judge granted the father’s motion to temporarily modify timesharing due to the mother’s heightened exposure to COVID-19 and award her equivalent makeup time when the emergency is lifted.

Due to the mother’s employment as an emergency room physician, this Court is concerned with her exposure to COVID-19 while exercising timesharing with the minor child.

In order to protect the best interests of the minor child, including but not limited to the minor child’s safety and welfare, the Court temporarily suspended her timesharing until further Order of Court. That means the father will exercise 100% timesharing.

The court also ordered that the mother is entitled to equivalent make up timesharing for each day lost as a result of this temporary suspension of timesharing, and to daily Skype, FaceTime, and/or telephonic communication with the minor child.

Florida Child Custody

I’ve written about child custody before – especially as it relates to spanking and punishment. Florida does not use the term “custody” anymore, we have the parenting plan concept. For purposes of establishing a parenting plan, the best interest of the child is the primary consideration.

The best interests of the child are determined by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including the mental and physical health of the parents. What about emergencies?

Florida courts have long recognized that there can be extraordinary circumstances, and trial courts have to enter emergency temporary orders modifying custody of a child. Sometimes the court has to do so without even giving prior notice to the other side.

However, such an order requires a true emergency situation, such as where a child is threatened with physical harm or is about to be improperly removed from the state.

But trial courts have to make every reasonable effort to allow both parties to be heard before issuing an emergency modification order. When prior notice isn’t possible, an opportunity to be heard should be made as soon thereafter as possible.

If an order doesn’t make such a showing they are consistently overturned unless there is evidence of a sufficient emergency.

The Good Doctor

Back in Miami, the ER doctor’s lawyers argued that if the Court’s ruling stands, the doctor would not be able to see her child until May 31st, when the Courts may reopen and leave this child for 60 consecutive days with the father without any access to the mother.

As the mother argued:

Is she to presume that she will not see her child for an unknown period beyond May 31st? How could this possibly be in the best interest of the minor child? Is it the stance of the Family Court that any medical professional who may come into contact with Covid-19 patients should have their timesharing suspended indefinitely?

An extraordinary writ was filed with the Third District Court of appeal, and temporarily, the doctor will continue to split custody time with her ex-husband after an appeals court ruled in favor of her motion to stay the order while the appellate court continues to decide on the judge’s initial order.

Good Coronavirus Information

While there is no game plan, here’s some information on when we can return to work:

  • Dr. Anthony Fauci, recently predicted a gradual reopening of parts of the country, perhaps starting as soon as May 2020. However, that depends on the virus and mitigation efforts.
  • Reopening the economy will happen gradually, with ongoing monitoring for renewed outbreaks.
  • In the coming weeks, a drop in COVID-19 cases is expected across the US.
  • Once that happens, public health experts and national, state, and local leaders will likely give the go-ahead for employers across many industries to gradually reopen, and employees will return to work.

The NBC Miami article is here.

 

Child Custody and the Constitution and Some Good Coronavirus Information

Posted by Ron Kauffman on

With state and local officials entering shelter in place orders, many parents feel they are being deprived of their constitutional rights to child custody. What are a parent’s constitutional rights during a global emergency? There’s also some good coronavirus information.

Constituion Child Custody

There is no instruction book for a pandemic

Happy belated Easter to everyone . . . except residents of Louisville, Kentucky! The home of Muhammad Ali, the Kentucky Derby, and Kentucky Fried Chicken is in the news. That’s because on Holy Thursday, Louisville’s mayor, Greg Fischer, criminalized the communal celebration of Easter.

Our nation faces a public health emergency caused by the exponential spread of COVID-19. This has led many state and local officials to order increasingly tighter restrictions to promote social distancing and prevent further spread of COVID-19.

Can the state go too far? One federal court thinks so. Last week Louisville’s mayor said, it was “with a heavy heart” that he was banning religious services, even if congregants remain in their cars during the service. A Louisville church then filed an emergency motion in federal court to enjoin the mayor, and won.

The mayor noted that it’s not really practical or safe to accommodate drive-up church services taking place but drive-through liquor stores are A-OK!

Notwithstanding the exemptions of some drive-through places, on Holy Thursday, the Mayor threatened church members and pastors if they hold a drive-in Easter service.

The federal judge, noting American history on religious bigotry, said the pilgrims fled religious persecution, slave owners flogged slaves for attending prayer meetings, mobs drove the Latter-Day Saints to Utah; hatred against Catholics motivated the Blaine Amendment, and Harvard University created a quota system to limit Jewish students.

The judge then found the Mayor’s decision to be stunning and “beyond all reason,” unconstitutional.

Florida Child Custody and the Constitution

Like religions, the constitution protects parental rights too. I have written about the intersection of the constitution and marital law before. The United States Supreme Court has concluded that freedom of personal choice in matters of family life is a fundamental liberty interest protected by the Fourteenth Amendment.

Florida courts have long recognized this fundamental parental right. The basic proposition is that parents have a legal right to enjoy the custody, fellowship and companionship of their offspring. This is a rule older than the common law itself.

But the parents’ rights are not absolute, as the state has parens patriae authority to ensure that children receive reasonable medical treatment which is necessary for the preservation of life.

So, in Florida the ultimate welfare of the child itself is controlling. While the parent’s interest in maintaining parental ties is essential, the child’s entitlement to an environment free of harm, physical and emotional violence at the hands of parents and caretakers and for medical treatment necessary for the preservation of life.

Because Florida has a compelling interest in protecting all its citizens—especially its youth—against the clear threat of abuse, neglect and death, the constitutional rights can give way.

Kentucky Fried Liberty

Back in Louisville, the court found the city order was not “neutral” between religious and non-religious conduct because it targeted religious worship by prohibiting drive-in church services, but not drive-through liquor stores.

The court noted that the city was pursuing a compelling interest of the highest order through its efforts to contain the current pandemic, but its actions were not even close to being “narrowly tailored to advance that interest.

The court also found that the church was committed to practicing social distancing in accordance with CDC guidelines. Cars will park six feet apart and all congregants will remain in their cars with windows no more than half open for the entirety of the service.” Its pastor and a videographer will be the only people outside cars, and they will be at a distance from the cars.

There is no instruction book for a pandemic. The threat evolves. Experts reevaluate. And government officials make the best calls they can, based on the best information they have. You may not agree with the court’s reasons, but the judge saw his role to explain, to teach, and to persuade.

Good Coronavirus News

Speaking of the constitution, to stem the spread of COVID-19, many cities have passed executive orders requiring people to cover their mouth and nose when going out.

Face masks (surgical or homemade) are now being required in public, such as when going to drive-through liquor stores. But do homemade masks work? The science with different types of masks is not conclusive, but this graphic is good information anyway:

COVID 19

In theory, all masks may prevent some sprays of virus-laden fluids from entering your nose and mouth (inward protection). They are also a reminder not to touch your face. And, if you’re sick, they may help keep some aerosols inside (outward protection), to protect people around you.

The U.S. District Court order is here.

 

Indecent Proposal on Child Custody During the Quarantine, and there’s Good Coronavirus News

Posted by Ron Kauffman on

For divorced parents, child custody can be challenging. Child exchanges these days risk violating local shelter-in-place orders, or worse, exposing a child to the coronavirus. Displaying a Sixth Sense, actors Bruce Willis and Demi Moore have developed a work-around: they quarantine together! And there’s more good news on the coronavirus.

Child Custody Coronavirs

Pulp Fiction or Armageddon?

A big part of child custody and timesharing challenges is logistical. Many divorced parents do their exchanges at schools, but schools are closed. Florida, like many states, have cities issuing shelter-in-place orders prohibiting all child timesharing exchanges.

Parents are faced with a stark choice this Passover/Easter season: not have any holiday timesharing with the children, or timeshare with a vengeance:

It may have been almost 20 years since Bruce Willis and Demi Moore divorced, but the pair are as happy as 12 Monkeys and clearly still on good terms. Willis and Moore seem unbreakable, as they spend the coronavirus quarantine together with their daughters.

Ok, it is not for every divorced couple. But, Bruce is proving he is not Expendable, and may even be the Last Boy Scout, by hunkering down with his ex-wife during a quarantine. Demi and Bruce’s daughter Tallulah shared a photo on Instagram of her parents wearing goofy, matching, striped pajamas.

The divorced couple have remained on good terms, so much so they’re even pictured hugging each other while giving the camera a thumbs up.

It’s not known if Willis’ current wife Emma Hemming Willis, 41, is staying with the Willis-Moore family, too. Earlier this month, Moore wished her former husband a happy birthday on Instagram, thanking the actor for her three daughters.

Moore and Willis were married from 1987 until their divorce in 2000. They announced their separation in June 1998. The actress opened up about their split in her memoir Inside Out, writing:

It’s a funny thing to say, but I’m very proud of our divorce. I think Bruce was fearful at the beginning that I was going to make our split difficult, and that I would express my anger and whatever baggage that I had from our marriage by obstructing his access to the kids — that I’d turn to all of those ploys divorcing couples use as weapons. But I didn’t, and neither did he.

The Ghost star went on to admit that the couple felt more connected than we did before the divorce.

Florida Child Custody

I’ve written about child custody issues before. In 2008, Florida modified its child custody laws to get rid of outdated and negative terminology about divorcing parents and their children to reduce animosity.

Florida law did that by deleting the definitions of the terms “custodial parent” or “primary residential parent” and “noncustodial parent” and creating a definition for the terms “shared parental responsibility, “parenting plan”, and “time-sharing schedule.

Shared parental responsibility, is similar to joint physical and legal custody, and is a relationship in which both parents retain their full parental rights and responsibilities.

Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child.

In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends. In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

But the “best interest of the child” is not an empty slogan. In Florida, how you act during mandatory quarantines and municipal ‘shelter-in-place’ orders can impact a judge’s decision.

In determining the best interest of the child, a court has to consider things like a parent’s facilitating and encouraging parent-child relationships, honoring the time-sharing schedule, and being reasonable when changes are required.

Good Coronavirus News

Some of us are depressed about the coronavirus, but millions of people are rising to the occasion, and there’s a lot of good news mixed in with the bad. The website 80,000 Hours has a listing of some of the positive things we’ve learned:

  • Some countries are turning COVID-19 away at the door, while others are turning the tide of the pandemic. COVID-19 remains mostly controlled in South Korea, Taiwan and Singapore. Taiwan was barely touched.
  • Italy, Spain and countries that engage in national lockdowns are seeing the rate of new cases level off or decline as we hoped and expected.
  • Researchers at the London School of Hygiene and Tropical Medicine just estimated that the reproductive rate of the coronavirus in the UK is now below 1, thanks to people mostly staying at home. If that’s correct the number of new cases will level off and then decrease over the next 6 weeks.
  • Testing is increasing rapidly in most countries. The US has gone from testing 350 people on the 7th of March, to 30,000 people on the 19th of March, up to 101,000 on the 1st of April.

It is inspiring to see the world come together to help fight this pandemic, whether they are biologists, statisticians, engineers, civil servants, medics, supermarket staff, logistics managers, manufacturers, or one of countless other roles.

The Yahoo article is here.

 

Coronavirus makes Child Custody Tricky and More Good Information

Posted by Ron Kauffman on

Home schooling and being quarantined for weeks, the coronavirus pandemic is causing chaos for everyone. But for parents who are divorced or separated, child custody is even more tricky. There’s also some good information about coronavirus.

Coronavirus Custody

Parenting in the time of the Coronavirus

Courts are open, our office is open (remotely), and we are handling new divorce cases and child custody matters. And what we’re seeing are recurring problems during the coronavirus crisis with alimony and support payments, and especially sharing the children.

Courts may be open, but there is definitely a backlog with remote courts, and courts are handling emergencies first. That means many parents may have to hammer out their differences largely without the help of a judge.

As the Wall Street Journal recently reported, across the country, many family courts are closed or considering only emergency cases, such as those involving domestic violence and restraining orders.

Some jurisdictions, like Texas, require that existing custody agreements be followed even when schools are closed. (Families can get help from marriage and family therapists and professional mediators.)

Florida Child Custody

I’ve written about child custody issues before. In 2008, Florida modified its child custody laws to get rid of outdated and negative terminology about divorcing parents and their children to reduce animosity.

Florida law did that by deleting the definitions of the terms “custodial parent” or “primary residential parent” and “noncustodial parent” and creating a definition for the terms “shared parental responsibility, “parenting plan”, and “time-sharing schedule.

Shared parental responsibility, is similar to joint physical and legal custody, and is a relationship in which both parents retain their full parental rights and responsibilities.

Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child.

In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends. In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

But the “best interest of the child” is not an empty slogan. In Florida, how you act during the coronavirus can impact a judge’s decision. In determining the best interest of the child, a court has to consider things like a parent’s facilitating and encouraging parent-child relationships, honoring the time-sharing schedule, and being reasonable when changes are required.

Coronavirus Custody Concerns

Do not be surprised if the parents who aren’t cooperating during the coronavirus crisis find that the other parent uses what happens in court at trial.

In a few weeks or months, family courts are going to re-open, and there will be some accountability for the actions parents are taking now.

Enhancing risk and damaging your co-parenting relationship, those are things that are relevant to how the court. views your parental status.

Coronavirus Good News and Information

Good information? How about social distancing tips from a hermit? Billy Barr is the only resident of Gothic, Colorado, and he has tips on social distancing:

  • Keep track of something. Each day, Barr tracks the weather for a number of groups including the Colorado Avalanche Information Center.
  • Keep a routine. Barr wakes up around 3:30 a.m. or 4 a.m., and files weather reports to different agencies.
  • Celebrate the stuff that matters, rather than the stuff you’re supposed to celebrate. Barr has mostly ditched holidays and birthdays, but he does celebrate Jan. 17, when sunrise goes back to what it was on the solstice.
  • Use movies as a mood adjuster. When Barr is really stressed, he’ll might watch an animated movie, something cute and funny. Movies like “Pandemic” he passes on, but; The Princess Bride’ is a favorite.

The Minnesota Public Radio article is here.

The Wall Street Journal article is here.

Trapped in a Quarantine Means a Baby Boom or Divorce Boom, and There’s More Good News about the Coronavirus

Posted by Ron Kauffman on

If you’re feeling trapped, you’re not alone. The forced quarantines and shelter-in-place orders mean couples are spending a lot of time together . . . +maybe too much. That could mean another baby boom, or if China is an example, divorce boom. Plus, there is more good news about the Coronavirus.

Coronavirus Divorce Baby Boom

Birth of the “Coronials”

As reported in the Chicago Tribune, Sarah Bradburn’s coronavirus shopping list consists of two very important items: condoms and toilet paper.

“We are all emotional and clinging to our spouses. But when we’re stressed, we just become closer.”

During the first few surreal days of the coronavirus scare, there were predictions far and wide of a huge number of corona babies that would be born in nine months. Maybe they’ll be described as “coronials?”

In fact, Lori Sapio, a Chicago photographer, plans to post a CV19 newborn special in April similar to her Cubs newborn special that she announced after the team won the World Series. But is it really coming? Or will the social distancing and forced time together cause more divorces than babies?

In China — where the coronavirus hit long before it arrived here — the divorce rates rose, and couples formed a line outside a divorce registration office as soon as they were out of quarantine.

The Coronavirus and Divorce

I’ve written about the coronavirus and divorce before. Forced together due to a shelter-in-place order may be the reason for your divorce, but legally you don’t need one. That’s because Florida is a no-fault divorce state.

Florida abolished fault as grounds for filing a divorce. Gone are the days when you had to prove adultery, desertion or annoying behavior in a government enforced quarantine.

The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

What do you do if you are trapped in quarantine with someone you want to separate from?

To avoid problems during a quarantine, you may have to force yourself to work together – however difficult that may be.

Couples who are separating or separated already, and are parents, are being forced to work as a team and talk through problems that are making forced quarantine impossible. Reassure each other that you will make it through and work together.

The key if you’re living together is to strike the right balance between having quality intimate time together, or if you’re at the brink of your relationship, giving each other some space.

Good Coronavirus News

Some good news for all of us. The U.S. Senate passed the largest economic relief bill in American history Wednesday night. By a vote of 96-0, the bill gives help to big and small businesses, health care facilities, and folks who lost their jobs due to the coronavirus.

Some key provisions:

Stimulus to the Economy: The bill will pump some $2 trillion into the economy.

Direct payout to Americans: The bill would give one-time direct payments to Americans — $1,200 per adult making up to $75,000 a year, and $2,400 to a married couple making up to $150,000, with $500 payments per child.

There is a phase-out for individuals who made more than $75,000, or married couples who filed jointly who made $150,000.

The checks will be directly deposited into bank accounts if you included direct deposit information on your tax form. If you did not, your check will be mailed to you.

Unemployment insurance help: Additional unemployment insurance benefits will be bolstered for four months by increasing the maximum unemployment benefit that a state gives to a person by $600 per week.

Funds for hospitals, equipment: The bill will provide $150 billion for hospitals treating coronavirus patients. Of the $150 billion, $100 billion will go to hospitals and $1 billion will go to the Indian Health Service. The other $49 billion will be used to increase medical equipment capacity.

Aid to state and local governments: Around $150 billion will be allocated for state and local governments to pay for the cost of fighting the virus and providing services to those who have the virus.

The Chicago Tribune article is here.

 

Child Custody and Timesharing Problems, and Good News on Coronavirus

Posted by Ron Kauffman on

The need to quarantine has not stopped child custody and timesharing problems from surfacing. In fact, it aggravates these problems as parents grapple with sharing custody and protecting themselves and their children. The Supreme Court of Texas recently resolved one issue, and there is even more good news about the coronavirus.

Child Custody Problems

Solving Child Custody Problems is Big in Texas

The coronavirus outbreak has caused urgent disputes among divorced and separated parents over exchanging the children during school closures. This forces attorneys to file emergency motions.

Many parents following their agreements about exchanging their children during and after spring break discovered a problem: this year school never re-started after spring break, so when do you return the children?

I have been working remotely during the coronavirus crisis, and resolving these problems daily. I have also been fielding a lot of calls from clients and potential clients asking about whether they were going to get their children back from the other parent, and whether they should exchange the children as agreed and ordered.

Many states handle things differently. Recently, the Texas Supreme Court weighed in. The Texas Supreme Court settled the issue of when to exchange when there is no start to school after spring break in an emergency order of the pandemic, ruling:

“For purposes of determining a person’s right to possession of and access to a child under a court-ordered possession schedule, the original published school schedule shall control in all instances. Possession and access shall not be affected by the school’s closure that arises from an epidemic or pandemic, including what is commonly referred to as the COVID19 pandemic.”

Justice Debra Lehrmann said the court agreed on the solution during a teleconference to relieve a source of stress during the outbreak.

Florida Child Custody Problems

I’ve been involved in resolving and have written about child custody problems in Florida before. 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 exchanging children on specific holidays, dates and the times the kids are supposed to be with you, or the other parent.

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

Be flexible. Fighting during a time of great stress will only make matters worse, while fostering relationships with extended family is considered in the children’s best interest.

A little pre-planning and communication can save you a lot of emotional and financial expense. This is a national emergency and our children are exposed to the stress from those around them. Don’t make things worse. With that said, there is also . . .

Good News on Coronavirus

There is always good news, even during a pandemic.

  • The IRS has announced that the April 15, 2020 deadline for filing and payment of your individual income taxes has been extended to July 15, 2020.
  • Strangely, your second quarter estimated income tax payments are still due on June 15, 2020.
  • The Coronavirus Aid, Relief and Economic Security Act (CARES Act) passed. The last Senate version of the bill I read had a small business loan program allowing maximum loan amounts calculated as the lesser of the product of average total monthly payments by the applicant for payroll, mortgage payments, rent payments, and payments on any other debt obligations incurred during the 1 year period before the date on which the loan is made, or $10,000,000.
  • SCIENCE Magazine released an article it published on May 30, 1919 after the Spanish Flu pandemic about lessons learned. Very interesting reading throughout.
  • A potential universal flu vaccine has passed an important set of clinical trials.
  • A patient has been declared ‘cured’ of HIV – and it’s not even the first time, with no trace of infection in his blood 30 months after undergoing a specialized type of stem cell therapy.

The Supreme Court of Texas order is here.

 

Texas Hold ‘Em: Hague Convention and More Good News on the Coronavirus

Posted by Ron Kauffman on

The national emergency has not stopped international child custody and Hague child abduction cases, but definitely made them more challenging. I recently came back from trial in a Texas federal court helping a father return his daughter to Mexico, and there is good news on the coronavirus front.

Hague Child Abduction Mexico

Oh, Mexico

My client and the Mother are dual citizens of Mexico and Cuba, and met in Cancun, Mexico. They are both professional musicians. Together they have a daughter who is currently five years old.

During the early years of their relationship, they all lived together in an apartment, and traveled together. When they broke up, the Father moved to an apartment nearby, and he and his daughter would timeshare, he paid for her piano lessons, her private school tuition, and even the Mother’s rent.

On July 12, 2019, at approximately 11:30 a.m., the Mother called the Father that she had taken their daughter to an undisclosed location.

He suspected she took her to Florida, and even had a possible address for the Mother here. Unbeknownst to him, the Mother actually took their daughter to a small, west Texas town.

The same day, the Father went to the Cancun Police and filed a missing child report. A few days later, he filed a Hague application for the child’s return. He hired me to file a case in Miami federal court, which was transferred to a federal court in Texas when the child was discovered there.

Habitual Residence and the Hague Convention

While the abduction was going on, and a few days before our Texas trial, the U.S. Supreme Court decided a major Hague Child abduction case involving the habitual residence of a child.

I have written about the recent U.S. Supreme Court case before. In Monasky v. Taglieri, the U.S. Supreme Court held that the determination of a child’s “habitual residence” for purposes of the Hague Convention depends on a totality-of-the-circumstances analysis and that a district court’s habitual-residence determination should be reviewed for clear error.

The Hague Convention on the Civil Aspects of International Child Abduction provides that a child wrongfully removed from his or her country of “habitual residence” must be returned to that country, which then has primary jurisdiction over any resulting custody proceedings.

A removal is “wrongful” if it is done in violation of the custody laws of the country of the child’s habitual residence. The Convention instructs that signatory states should “use the most expeditious proceedings available” to return the child to his or her habitual residence.

In Monasky, an American brought her infant daughter to Ohio from Italy after her Italian husband, Domenico Taglieri, became physically abusive. Taglieri petitioned for his daughter’s return under the Hague Convention, arguing that Italy was the daughter’s “habitual residence.”

The federal court agreed, and found the parents had exhibited a “shared intention” to raise their daughter in Italy. The Sixth Circuit Court of Appeals affirmed with dissents. Monasky then petitioned the U.S. Supreme Court, arguing that establishment of a child’s habitual residence requires actual agreement between the parents.

The Supreme Court noted that the Hague Convention does not define “habitual residence.” Relying on the treaty and decisions from the countries who are signatories, the high court concluded habitual residence it is a “fact-driven inquiry into the particular circumstances of the case.”

The Supreme Court also noted that Monasky’s ‘actual agreement’ requirement would leave many children without a habitual residence, and outside the Convention’s domain and the Hague Convention always allows a court concerned about domestic violence to not order a child’s return if “there is a grave risk that return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.”

Texas Hold Em

Texas Hold ‘Em?

One of the issues which had to be resolved in our trial was the habitual residence of the child, and whether the parents shared an intent to abandon it. During our trial in Texas, the U.S. District Court found the parents did not share an intent to change the child’s habitual residence, among other defenses, and ordered the child returned to the Father and to her home in Mexico.

Relying on the U.S. Supreme Court’s, brand new decision, the federal court found the daughter’s habitual residence is Mexico, and that she was wrongfully removed to the United States in violation of the Hague Convention.

At the same time the Coronavirus was raging across the world, the U.S. government just ordered the border with Canada closed, courts were closing around the country, and there was a real concern we wouldn’t be able to return to Mexico.

But we faced another, potentially bigger problem. How do you enforce a federal court order to return a child to Mexico when the entire world is shutting down? The alternative to us moving immediately to secure the child’s return to Mexico would be to ‘hold em’ in Texas. Acting quickly, the father and daughter made it safely home to the habitual residence of Mexico.

Good News and the Coronavirus

We are under quarantine, and we can expect that to continue in the near future. But that doesn’t mean there isn’t some good news to report. For instance:

  • Distilleries across the U.S. are making their own alcohol-based hand sanitizers and giving it away for free.
  • Restaurants, sports, and businesses are stepping up to combat the community effects of the novel coronavirus. The sports world is raising money for stadium employees, and Uber Eats is divvying out free delivery to help independent restaurants to name a few.

Air and Water pollution has plummeted in cities with high numbers of quarantined individuals. In fact, Venice’s waters are running clear for the first time and people are seeing fish.

  • China is re-opening parks and athletic centers, and loosening travel restrictions as the novel coronavirus comes under control in China, and parks and tourist attractions have reopened across the country.
  • Neighbors across the country are stepping up to make grocery runs for those who can’t leave their homes.

The U.S. Supreme Court decision is here.

Covid-19, Child Custody, and Good News on Coronavirus

Posted by Ron Kauffman on

Parenting is tough enough when you’re in quarantine. But for parents who are divorced and shuttle their kids between two households as part of a child custody arrangement, deciding how to proceed with quarantines related to the coronavirus can be even more challenging.

Child custody covid-19

A Virus Among Us

“Today” recently profiled parents in Florida about how they are coping. Rachelle Dunlevy, a mom of two from Indialantic, Florida, says since her ex-husband lives nearby, they have agreed to stick with their current custody schedule, for now. Megan O’Connor, whose daughter is about to turn three, has been divorced for almost a year, and says she and her ex-husband are doing the same.

“My ex is a public health professional, so he is aware of social distancing, but also of the importance of our daughter having access to both of her parents during such a fragile time. Currently, we are both in town so we are maintaining our current schedule. We’ve decided to do that because we view ourselves as a family unit — though we are no longer together romantically, our daughter is intrinsically a part of each parent.”

But what do parents do when there’s conflict over whether or not to pause a custody arrangement during the pandemic? When it comes to making decisions about coronavirus and custody, communication is key.

The first and foremost concern should be the health of your family. It is important to communicate respectfully and be cooperative with any schedule changes, even if it results in less parenting time for you and more parenting time for the other parent.

Understand that you and your co-parent may have different views about how to approach this pandemic and neither of you may be wrong or right, so it’s important to be calm. Your child is also navigating a pandemic and a change in their everyday routine and you do not want to add to their stress and anxiety — a united front between the parents is best.

The number one priority should always be the well-being of the children and the coronavirus doesn’t care about courts and agreement.

Florida Child Custody

I’ve written about child custody issues before. In Florida, the prevailing standard for determining “custody” is a concept call shared parental responsibility, or sole parental responsibility.

Generally, shared parental responsibility is a relationship ordered by a court in which both parents retain their full parental rights and responsibilities. Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child.

In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends. In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

At the trial, the test applied is the best interests of the child. Determining the best interests of a child is no longer entirely subjective. Instead, the decision is based on an evaluation of certain factors affecting the welfare and interests of the child and the circumstances of the child’s family.

Good News About Coronavirus

As new cases of SARS CoV-2 (aka Covid-19) Coronavirus are confirmed throughout the world and millions of people are being put into quarantine, there is some good news too.

Most people with COVID-19 recover. Estimates now suggest that 99% of people infected with the virus that causes COVID-19 will recover and some people have no symptoms at all.

Children seem to be infected less often and have milder disease. According to the CDC, the vast majority of infections so far have afflicted adults. And when kids are infected, they tend to have milder disease.

The number of new cases is falling where the outbreak began. During his speech declaring the new coronavirus outbreak a pandemic, the director-general of the WHO pointed out that “China and the Republic of Korea have significantly declining epidemics.” That’s a good thing and suggests that efforts to contain the spread of this infection can be successful.

We have the internet! We can practice social distancing and preserve our professional and social connections.

This a good test run for much more serious and deadly outbreaks such as the Spanish Flu and the Ebola virus. Our response to future pandemics should improve because of what we are doing now.

The coronavirus epidemic is a global problem for those infected and those trying to avoid it. But amid all the doom and gloom, there are some positive stories, positive messages and reasons to remain hopeful.

The Today article is here.