Tag: christmas timesharing

Speaking on Parenting Plans

There is still time to register for my upcoming speaking engagement on parenting plans. The Dade County Bar Association’s “Nuts and Bolts of Family Law” Seminar will take place on December 4, 2020. I will be speaking along with my colleagues, Hon. Samantha Ruiz Cohen, Michelle M. Gervais, Robert C. Josefsberg, Amber Kornreich, Paul R. Lipton and Jacqueline M. Valdespino.

parenting plans

Dade Legal Aid and Put Something Back Program

Dade Legal Aid provides direct civil legal services for low-income residents of Miami-Dade County. Since 1949, we have been passionately committed to providing “Access to Justice” to those in need of legal representation, including low-income individuals and families impacted by the current health crisis.

Dade Legal Aid provides life-changing and often life-saving services in the areas of Family Law, Domestic Violence, Guardianship, Child & Teen Advocacy, Human Sex Trafficking, Guardian ad Litem and other areas of law.

Annually, the agency serves over 5,000 clients positively impacting the lives of over 10,000 residents utilizing a strategic mix of experienced staff attorneys, pro bono attorneys, law firm partnerships, law school stakeholders and dozens of collaborations with diverse organizations and groups with the aim of assisting vulnerable populations and families living in poverty

Child Custody and Timesharing

I will be discussing parenting plans, a topic I’ve written and spoken about before. Generally, a parenting plan is a document created by lawyers or the court to govern the relationship between parents relating to decisions that must be made regarding their minor children.

Parenting plans must contain a time-sharing schedule for the parents and children too. The issues concerning the minor children should also be included, and consist of issues such as the children’s education, their health care, and physical, social, and emotional well-being.

When creating parenting plans, it is important to consider all of the circumstances between the parents, including the history of their relationship, whether there are any issues about domestic violence, and many other factors must be taken into consideration.

A parenting plan has to be either developed and agreed to by the parents and approved by a court; or in the alternative, a parenting plan must be established by the court – with or without the use of a court-ordered parenting plan recommendation – when the parents cannot agree to a parenting plan, or the parents agreed to a plan, but the court refuses to approve the parents’ plan.

Register here.

Unorthodox: Religion, Divorce and More Good Coronavirus Info

Religion and courts don’t mix. However, judges are sometimes asked to order a parent to enforce religious issues when timesharing. That just happened in Brooklyn, and the case involves ordering an atheist father to follow religious laws. There’s also some good coronavirus information out there.

Divorce Religion

Brooklyn 2020

During any relationship, a parent is free to choose how strictly to enforce the other parent’s religion. Sure, feeding your Jewish child Cuban croquetas may lead to a divorce, but your spouse can’t report you to the police for not eating kosher.

But how about after a couple files for divorce? When the parents have divorced and entered into a settlement agreement about religious matters, for example, some religious restrictions may be enforceable in court despite the separation between church and state.

Recently in Brooklyn, a couple practiced Satmar Hasidic Judaism, the same sect in the Netflix series “Unorthodox.” In the Brooklyn case, the Father went “unorthodox”, but continued to dress as a Hasidic Jew. After the divorce, a family court awarded the mother sole custody with the father getting parental access.

The father was ordered to give the children kosher food and make “all reasonable efforts to ensure that the children’s appearance and conduct comply with the Hasidic’ religious requirements of the mother and of the children’s schools as they were raised while the children were in his custody.

Florida Religion and Divorce

I’ve written about the intersection of religion and divorce – especially as it relates to vaccinations. Religion, religious beliefs, and religious practices are not statutory factors Florida courts consider when determining parental responsibility.

Nor is religion an area in which a parent may be granted ultimate responsibility over a child. Instead, the weight religion plays in custody disputes grew over time in various cases.

One of the earliest Florida case in which religion was a factor in deciding parental responsibility restricted one parent from exposing the children to that parent’s religion.

The Mother was a member of The Way International, and the Father introduced evidence that The Way made the Mother an unfit parent. He alleged The Way psychologically brainwashed her, that she had become obsessed, and was neglecting the children. The trial judge awarded custody to the Mother provided that she sever all connections, meetings, tapes, visits, communications, or financial support with The Way, and not subject the children to any of its dogmas.

The Mother appealed the restrictions as a violation of her free exercise of religion. The appellate court agreed, and held the restrictions were unconstitutionally overbroad and expressly restricted the Mother’s free exercise of her religious beliefs and practices.

Following that, and other decisions, Florida courts will not stop a parent from practicing their religion or from influencing the religious training of their child inconsistent with that of the other parent.

When the matter involves the religious training and beliefs of the child, the court generally does not make a decision in favor of a specific religion over the objection of the other parent. The court should also avoid interference with the right of a parent to practice their own religion and avoid imposing an obligation to enforce the religious beliefs of the other parent.

Do the Right Thing

The Brooklyn case went back to the family court, and after a hearing was held, the mother conceded that the father was not really preventing the children from practicing their Judaism during his timesharing.

Instead, the mother’s complaint was that the father himself was not complying with Hasidic religious requirements in the presence of the children while he was timesharing with them, and that didn’t comply with the religious clause.

After the hearing, the family court attempted to enforce the religious upbringing provision of the judgment by ordering the father – during his timesharing – to “conduct himself in accordance with the cultural norms” of Hasidic Judaism established by the parents during the marriage.

The court then directed that the father’s behavior and conduct when in the presence of the children “must and should be consistent with the cultural norm . . . established by the parents.”

The father appealed from that part of the order directing him to comply with the cultural norms of Hasidic Judaism during his timesharing. The appellate court reversed.

By directing him to comply with the “cultural norms” of Hasidic Judaism during his timesharing, the family court ran afoul of constitution by compelling the father to himself practice a religion, rather than merely directing him to provide the children with a religious upbringing.

While the court referred to the “cultural norms” by which the children were raised, the testimony at the hearing made clear that the “cultural norms” were really the religious requirements of Hasidic Judaism, which was unconstitutional.

Good Coronavirus Information

Green spaces, parks, and boardwalks are too crowded — making it impossible to maintain the minimum 6 feet of social distancing recommended by the Centers for Disease Control and Prevention without exposing yourself or your family to the coronavirus.

Tech can help avoid those areas and crowds if you absolutely must leave your shelter. Here are some tools that can help:

  • Strava, the activity-tracking app, can help you find alternative routes for running, walking and riding.
  • AllTrails identifies lightly treaded trails nearby.
  • Before your next grocery run, consult Google’s popular times to see if it’s crowded. A pink “Live” indicator is a good representation of how many people are there right now.
  • If you aren’t sure what 6 feet looks like, bust out the Measure app on your iPhone or Android device.

The Reason article is here.

 

Make Your Holiday a Happy Holiday

The family law offices of Ronald H. Kauffman, P.A. will close at 12 PM on Tuesday, December 24 for the Christmas holiday and will have limited office hours until January 2, 2020. We wish you and your family a Happy Chanukah, a Merry Christmas, and a Happy New Year! Below are some tips to help make your family holiday a happy holiday this year.

Happy Holiday2

Before the arrival of the holidays is the time to resolve child custody and timesharing problems so you can enjoy your family on the holidays with minimum stress. Here are suggestions to make your holiday timesharing issues a little easier:

  • Alternate. Some families alternate the holiday every other year. If you get the kids 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 holiday 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 Christmas dinner impossible. Set aside your differences until after the holiday season.
  • Pick your battles. Christmas may even 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 Christmas morning should be about family, food and 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.

Going through separation, divorce and family law issues during the holidays is always stressful. But, the weather has cooled and the kids are on vacation. Try to make the holidays the best time of year.

 

Merry Christmas

The divorce and family law offices of Ronald H. Kauffman, P.A. will close at 2 PM on Monday, December 24 for the Christmas holiday. We will re-open at 9AM on Wednesday December 26. We wish you and your family a Merry Christmas.

divorce holidays

Before the arrival of Christmas is the time to resolve child custody and timesharing problems so you can enjoy your family on the holidays with minimum stress.

Below are suggestions to make your holiday timesharing issues a little easier:

  • Alternate. Some families alternate the holiday every other year. If you get the kids 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 holiday 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 Christmas dinner impossible. Set aside your differences until after the holiday season.
  • Pick your battles. Christmas may even 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 Christmas morning should be about family, food and 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.

Going through a divorce during the holidays is always stressful. But the weather has cooled and the kids are on vacation. Try to make the holidays the best time of year.