Tag: Forcing Timesharing

Free Speech and Child Custody Disputes

Free speech, and the rights of people going through child custody disputes, are in the news again. Recently, a family law judge in Pennsylvania gagged – not the parents – but the Father’s new wife from online posting. The family judge ordered the child’s stepmother from posting anything on Facebook about the child, the Mother, or the case.

Free Speech Child Custody

Gagging Stepmothers

In the Pennsylvania case, a Father appealed from the trial court’s order that restricted the speech of his new wife, a non-party to the custody case, the child’s Stepmother. The Father argued that the family court’s order improperly restricted the non-party Stepmother’s speech on Facebook.

The Mother sought to enforce the court’s modified custody order, remove the Child from Stepmother’s home, and place the Child with Children and Youth Services (CYS). The trial court held a telephone hearing, and at that hearing, Mother told the court for the first time about a post that Stepmother had made on Facebook.

Specifically, Mother’s counsel argued the Stepmother was engaging in “pure alienation” through Facebook posts:

OK…. I’m going to lay everything out for ppl to know. My husband [Father] is currently in BCP on indirect civil contempt pertaining to child custody. The judge won’t release [Father] until our minor child attends four days of this out of state program with Linda Gottlieb. Our minor child is afraid of her Mother (she lives out of state) and has been fighting not to go to this out-of-state program with her Mother to fix their relationship. . . Our minor child is still with me as she fought not to go. How much emotionally [sic] and mental abuse can a child go through. . . I have 2 great attorneys, but no matter what we do the judge sides with the other side. They are claiming parental alienation. There is no legal record of parental alienation. Now anyone that knows me or my husband knows we aren’t those ppl. We have encouraged, positive affirmations etc.. [sic] this doesn’t matter to our minor child because the child is in fear. . . We have been accused of interfering with our child going to this program. We aren’t interfering. Our child is fighting it.

The trial court issued an order that granted Mother’s petition and stated, Father and Stepmother shall not use online or web-based communications to discuss this matter.

The trial court also order the Father and Stepmother to remove the Facebook post which contains information related to the child and not post any discussion or information regarding child’s custody or other information regarding the child.

Father raised only one issue on appeal, can the judge censor the speech of the Stepmother on Facebook even though she was not actually a party in the child custody case?

Florida Child Custody and Free Speech

I’ve written about free speech in family cases before. Family courts have a lot of power to protect children. Florida courts have to balance a parent’s right of free expression against the state’s parens patriae interest in assuring the well-being of minor children.

In Florida, there have been cases in which a judge prohibited a parent from speaking Spanish to a child. A mother went from primary caregiver to only supervised visits – under the nose of a time-sharing 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. The Mother was also bipolar and convicted of two crimes.

The Florida appeals court reversed the restriction. Ordering a parent not to speak Spanish violates the freedom of speech and right to privacy.

Florida law tries to balance the burden placed on the right of free expression essential to the furtherance of the state’s interests in promoting the best interests of children. In other words, in that balancing act, the best interests of children can be a compelling state interest justifying a restraint of a parent’s right of free speech.

You’ve Got a Friend in Pennsylvania

Back in the Pennsylvania case, the appellate court quickly noted that the Stepmother was simply not a party to the lawsuit between Father and Mother, she was not served with process, and she had no notice or opportunity to challenge the communications restriction order.

Because the non-party Stepmother did not have notice nor an opportunity to challenge the order, and the parties did not address the trial court’s exercise of personal jurisdiction over her the appellate court held that the family judge had no authority to impose a gag order on the Stepmother and vacated the order.

The opinion is here.

Swinging into Child Custody Co-parenting

Four years after Spiderman star Tobey Maguire separated from his estranged Wife Jennifer Meyer, the couple is swinging into a new life of child custody and co-parenting in a way many divorcing couples should stick to.

Spiderman coparenting

Spiderman Meets Divorce Court

The two are officially ending their marriage. Four years after splitting, Meyer filed for divorce from the actor. Jennifer Meyer announced their separation, but the issues that led to the end of their nine-year marriage are not new.

“They’ve been living separate lives for a while. They have completely different interests and haven’t seemed to be connecting.”

Part of the problem seems to be a personality clash. “He’s extremely private and prefers to stay home, and she’s very social and has tons of girlfriends,” the source explains.

“They haven’t been happy together for a long time. But they are great parents, and they love their children.” A family friend echoed the couple’s devotion to their children. “It’s a marriage that’s ending, but a bond and a family as strong as any I know. They’re remarkable people. And very supportive of each other.”

Florida Co-Parenting

The question about an award of custody of children frequently comes up and is a matter I’ve written about before. Many people are surprised to learn that the term “custody” is no longer recognized in Florida.

Florida replaced the “custody” term for the “parenting plan” concept in order to avoid labeling parents as “visiting parent” or “primary parent” in the hopes of making child custody issues less controversial, and encourage parents to co-parent more effectively.

Under Florida’s parenting plan concept, both parents enjoy shared parental responsibility and a time-sharing schedule. “Shared parental responsibility” means both parents retain full parental rights and responsibilities and have to confer with each other so that major decisions affecting their child are made jointly.

A time-sharing schedule, as the name suggests, is simply a timetable that is included in the parenting plan that specifies the times, including overnights and holidays, that your child spends with each parent.

Florida’s parenting plan concept has changed sole custody into “sole parental responsibility.” The term means that only one parent makes decisions regarding the minor child, as opposed to the shared parental responsibility terms, where both parents make decisions jointly.

Spidey Sense

Maguire, 41, and Meyer, 39 met in early 2003 and were married four years later in an intimate wedding ceremony in Hawaii, witnessed by a small group of family and friends.

At the time Meyer, a jewelry designer, shared her feelings about the big moment, telling USA Today, “Let’s just say this is truly the best time of my life. I’m walking on air. I’m getting married, starting a family and have an amazing company.”

The actor, who has spoken out about having a rocky childhood, revealed that settling down was a big priority in his life.

“Growing up the way I did, I had a very serious ambition to make some money, to have some security and comfort in my life,” he told Parade magazine in 2007.

Maguire has been keeping a low profile in Hollywood since wrapping up Spider-Man 3 — his final outing with the franchise — in 2007, appearing only in a handful of carefully selected projects including 2013’s The Great Gatsby and 2015’s Pawn Sacrifice, his last film to date.

The actor has also been seen hanging with pal Leonardo DiCaprio and girlfriend Nina Agdal, mostly recently on a yacht in Ibiza.

Maguire and Meyer also attended Jennifer Aniston and Justin Theroux’s secret wedding last year (Meyer designed Aniston’s wedding ring), and eventually joined Aniston and Theroux on a group honeymoon trip to Bora Bora that included a slew of other friends.

“They have completely different interests and haven’t seemed to be connecting,” the insider said at the time. “He’s extremely private and prefers to stay home, and she’s very social and has tons of girlfriends.”

“They haven’t been happy together for a long time,” the source continued, “but they are great parents, and they love their children.”

Despite their separation, the duo seems to have remained on friendly terms. The Spider-Man star has shown up to support Meyer in the years since their split. In 2018, Maguire attended the opening of his ex’s jewelry store in Los Angeles and posed for photos with Meyer.

In June, Meyer wished Maguire a happy Father’s Day on Instagram, calling the actor her “best friend.”

“To the best baby daddy. All is can say is no matter what happens in life, to relationships etc…. choose a dad for your kids that you can count on forever. This one right here is my best friend and the greatest dad to our babies. I’m sorry Tobey, I know you hate Instagram, but every once in a while I like to brag to everyone about how special you are ❤️ Happy Father’s Day.”

The People 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.


Can You Force a Parent to Timeshare?

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, March 7, 2016.

It may seem like an off-topic post when there’s a timesharing bill to make equal timesharing law. But what about the other extreme, the parent who refuses to visit at all, can you force it?

Briefly, no. However, Florida Statutes do incentivize, motivate and encourage timesharing. For example, when a parent fails to regularly exercise time-sharing, the amount of child support can be adjusted as if it was a substantial change of circumstances.

Additionally, the modification of child pursuant is retroactive to the date the non-timesharing parent stopped regularly exercising the time-sharing schedule.

Another incentive for timesharing is to craft the agreement in such a way that if a timesharing parent misses their scheduled visit, they pay for the costs associated with having to cover timesharing. For instance, if you have to hire a babysitter for that time, that should be covered in your agreement.

I’ve discussed timesharing recently. Florida has been debating several bills in the legislature that would make equal timesharing the premise for all timesharing plans.

In fact, the Florida alimony reform bill just passed the Senate late last Friday, in a 24-14 vote. The bill is joined by a sister bill in the House, which was added to Special Order Calendar for today.

The bills, which would take effect October 1, 2016 would not only set calculation guidelines for judges to set alimony, but would make equal timesharing the start of court-ordered parenting plans.

Lost in these debates over equal timesharing is the very real problem of parents who do not timesharing with their children at all. We sometimes forget in the battle for equal timesharing that timesharing has to be forced in many instances.

However, forcing a parent to timeshare is a difficult topic. As a policy, we want both parents to timesharing with children. Timesharing is good for the kids, and allows the other parent a breather.