Articles Posted in Modification (Custody/Time Sharing)

Published on: | by

A Miami-Dade judge has refused to recuse herself in a heated Florida custody dispute between two prominent attorneys, despite her alleged ties to the law firm representing the former wife. The spouses divorced in 2005 after seven years of marriage. At the time of their divorce, the couple reportedly agreed to share equal custody of their two sons. Since then, the ex-wife has accused the ex-husband of violating provisions in the former couple’s divorce agreement by repeatedly calling her names in emails. She has asked Judge Maria Espinosa Dennis to hold him in contempt and amend the custody agreement.

According to Florida election records, the law firm at which the former wife’s attorney is employed donated $500 to Judge Espinosa Dennis’ re-election campaign on November 15th. The day before, the firm also co-sponsored a fundraiser for Espinosa Dennis at a restaurant in South Miami. The former husband filed a motion asking Judge Espinosa Dennis to recuse herself on November 1st after invitations to the re-election fundraiser were distributed. Judge Espinosa Dennis denied his request and he appealed to Florida’s Third District Court of Appeal. He purportedly feels he will be unable to receive a fair hearing before the lower court judge.

The ex-wife’s law firm is also seeking an award of approximately $100,000 in costs and attorney’s fees against the ex-husband. Her appellate attorney has stated that the former husband’s recusal argument has no merit and is legally indefensible. According to the ex-wife’s lawyer, the ex-wife’s law firm took no substantive part in the re-election fundraiser and only attended the event. He also said that the Florida Judicial Ethics Advisory Committee only requires a judge to analyze an attorney’s campaign involvement when faced with a recusal request. No employee at the law firm is on Judge Espinosa Dennis’ campaign committee.

Although the former husband claims Judge Espinosa Dennis had an obligation to disclose the law firm’s fundraising efforts as a possible conflict of interest, the former wife’s attorney argues that the ex-husband is merely upset with the judge’s prior rulings against him. He also alleges that the ex-husband has continued litigation for more than two years in an attempt to drain his ex-wife’s financial resources. The former husband’s attorney stated the judge’s decision to continue to preside over the case is insensitive and fails to take into account how any reasonable individual would react given the situation.

Custody arrangements in Florida are referred to as time-sharing plans. A time-sharing plan will specify the amount of time a child will spend with each parent each week. The plan will also specify where children will spend overnights and holidays. If a child’s parents are unable to agree on a time-sharing schedule, the court will set a schedule for them. A court ordered time-sharing plan will take into account statutory factors such as the child’s preference and any instances of abuse or violence. In order to modify a time-sharing plan, Florida law requires the parent seeking modification to show substantially changed circumstances.
Continue reading ›

Published on: | by

Many men and women from Broward that are enlisted in the military may find themselves in need of a Fort Lauderdale divorce lawyer. According to an article published in the USA Today and Sun Sentinel, divorce rates for soldiers enlisted in the Army increased for the seventh year. 10,000.00 married G.I.’s divorced during the fiscal 2009. It is also being reported that 4% of marriages among soldiers failed.

The Army has found that an increasing number of U.S troops in Iraq complain about troubled marriages as a result of long and multiple deployments to Iraq. While the pressures of being away from family is more prevalent for young soldiers, there has been recent affect on senior enlisted soldiers as well.

The Air Force is also reporting a 4.3% divorce rate this years. However, the Army has 100,000 more married troops than the Air Force. The Marines is reporting a 4% divorce rate that has remained steady from 2008 to 2009. While the civilian divorce rate in the USA was recently 3.4%, the total divorce rate for the U.S. military has increase from 3.4% to 3.6% in 2009.

Continue reading ›

Published on: | by

In order to temporarily modify custody in Broward County, Florida, you must show that there has been a substantial or material change in circumstances and that the modification is in the best interest of the child or children involved. There must be a factual basis sufficient to show that conditions have become materially altered since the entry of the prior custody order. In the case of Bon v. Rivera, the Fourth District Court of Appeal reversed a Fort Lauderdale, Florida divorce judge who granted the Former Husband’s Emergency Motion for Temporary Change of Custody.

At the time of the parties divorce, the Former Wife resided in Miami-Dade County, Florida and the Former Husband resided in Broward County, Florida. The Final Judgment of Dissolution of Marriage that incorporated the parties’ marital settlement agreement stated that neither party shall relocate the minor children from Miami-Dade County, Broward County or the southern portion of Palm Beach County, Florida. Two years after the divorce, the Former Wife accepted a job in West Palm Beach, Florida and advised the Former Husband that she intended to move with the two minor children.

The Former Husband filed an Emergency Motion for Temporary Custody, Child Support and Attorney’s Fees alleging that the Former Wife had violated the relocation provisions of the Final Judgment of Dissolution of Marriage. The trial court entered an order modify the Final Judgment of Dissolution of Marriage and granting the Former Husband temporary custody. The Former Wife appealed the decision of the trial court and alleged that the trial court abused its discretion in modifying custody since there was no true emergency.

Continue reading ›