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Approximately half of all American households are home to at least one pet. With a nationwide divorce rate that is currently hovering around 50 percent, “custody” battles over pets have reportedly increased significantly in the U.S. in recent years. A 2006 survey conducted by the American Academy of Matrimonial Lawyers found about one-quarter of attorneys polled reported seeing a rise in the number of divorce cases that involved a pet. Some believe the increase is due to the fact that many people now view their cat or dog as a member of their family.

To most people, their pet is much more than a mere possession. Society appears to be slowly changing to reflect this attitude. In New York, Maine, California, and Illinois, pets are treated as more than personal property in domestic violence situations. Law schools are increasingly teaching animal and pet rights courses. Additionally, pets are now included in U.S. government evacuation and disaster plans.

Unfortunately, pets are still viewed as personal property under Florida law. To a court, a dog or cat is viewed as property that is similar to a television or a piece of jewelry. In 1995, Florida’s First District Court of Appeal stated in Bennett v. Bennett that household pets are personal property and there is no basis in the law for granting visitation or custody for them. The court said that although many individuals consider pets to be members of their family, the court system was already overwhelmed with child visitation and custody awards and could not enforce similar awards for animals. The Bennett court also remanded the appellate case and directed the trial court to treat the family dog as personal property.

Unless a divorcing couple in Florida can reach a shared pet custody arrangement, a cat or dog will be treated like any other piece of property and awarded to one party or the other. Because of this, some divorcing spouses will give up large sums of money in a marital property settlement in order to keep a cat or dog. Sometimes, pets may also be used as a bargaining chip or tool for revenge in acrimonious divorce cases. Mediation, arbitration, or a negotiated divorce settlement agreement may make a divorce where pets are involved progress more smoothly. A qualified Miami divorce attorney can help.

Most family law matters can be resolved outside of court through a negotiated settlement. Postnuptial agreements such as marital settlement agreements may be entered into by married couples who are contemplating divorce or separation. A postnuptial agreement will normally address the disposition of pets, assets, and any agreed upon spousal support obligations. If you are considering dissolving your marriage, you are advised to contact a hardworking Aventura divorce lawyer early on in the process.
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35-year-old World Wrestling Entertainment star and Tampa resident John Cena has reportedly filed for divorce from his high school sweetheart after three years of marriage. According to Cena’s divorce filing, the couple’s marriage is “irretrievably broken.” His soon to be ex-wife, Liz Huberdeau, has allegedly hired the same Miami divorce attorney who represented Linda Hogan in her divorce from former professional wrestling superstar Hulk Hogan. In that case, Hogan’s ex-wife was awarded nearly 70 percent of the couple’s assets.

Cena is currently worth an estimated $18 million. Prior to the couple’s wedding, Huberdeau reportedly signed a prenuptial agreement that will make it difficult for her to access most of Cena’s assets. According to some news reports, the agreement even allows Cena to recover gifts given to his wife during the couple’s marriage. Although Cena is unlikely to be required to share the bulk of his assets with his soon to be ex-wife, it will be interesting to see how the court handles the case since the couple has been involved in a relationship for the past 14 years. They do not have any children.

The split is expected to get ugly as reports claim Huberdeau was shocked when Cena filed for divorce. Although the couple was allegedly having marital issues, Huberdeau was reportedly convinced they would be worked out amicably. According to news reports, Cena asked Huberdeau to sign a pre-divorce settlement agreement prior to filing for divorce. She allegedly refused to sign the document.

In the State of Florida, a prenuptial agreement is a written contract signed prior to a marriage that outlines how a couple’s assets will be divided in the event of divorce or death. Cena should benefit from having a prenuptial agreement in place prior to his marriage as negotiations over assets and spousal support obligations should have been decided well in advance of the marriage. Unfortunately, it is common for individuals with few assets to enter into a marriage without a prenuptial agreement in place. Too often, they later regret their choice.

Postnuptial agreements can also be a useful tool for Florida couples who are contemplating a separation or divorce. A postnuptial agreement will normally address how marital assets will be divided and outline any spousal support obligations. Although such agreements may also include provisions regarding child custody and support, they are always subject to modification by a Florida family law court.
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Social media websites such as Facebook, Twitter, and YouTube are increasingly playing a factor in Florida divorces. Most people have satisfied their curiosity about a former flame by looking them up online. More and more married individuals are going further, however, and developing online relationships. Anecdotal evidence suggests an increasing number of people are rekindling past relationships and ruining their marriages via social media outlets. Divorces over online behavior are reportedly occurring more regularly throughout the nation.

One woman who declined to be named stated she recently learned her seemingly wonderful marriage was in trouble after her husband left his Facebook page open one day. To her shock, he had developed an online relationship with several other women. She found herself both confused and embarrassed. The problem has allegedly become so commonplace, a website is actually devoted to cheating through Facebook.

According to FacebookCheating.com founder Craig Gross, a barrage of cheating stories and emails are sent to the website on a daily basis. Gross stated he founded his webpage as a sort of online cheating support community. He said the website has documented several hundred cases of marital infidelity aided by the social media page.

Social media reportedly contributes to divorce in other ways as well. Another woman who wanted to remain anonymous filed for divorce after she learned her husband was posting both threatening and derogatory comments about her online. She stated she was not only shocked, but also sickened by the information her spouse shared through Facebook. A different woman claimed she learned her husband wanted to end their marriage only after he said it on the social media website.

With more than 900 million active monthly users, the use of Facebook has become common across the globe. Individuals may forget that everything they say online might later be used against them in a family law matter. For example, a spouse who claims he or she is unable to afford alimony or child support payments may be wise to avoid posting photos of a new luxury vehicle. It is important to note the information distributed through social media can also have an effect on child custody arrangements. If you are faced with an unexpected divorce or other stressful family law matter, you should contact a skilled Florida family law attorney as soon as possible.
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Governor Rick Scott recently signed a 61-page document that has essentially rewritten Florida adoption laws. House Bill 1355, titled “Protection of Vulnerable Persons,” was created after a Baker County judge reportedly placed a four-year-old girl in the custody of a registered sex-offender who was not her biological father in July 2011.

The heated custody battle reportedly began after the child’s grandmother applied to formally adopt her. The case drew national attention when the girl was removed from her grandmother’s home and placed with her deceased mother’s husband. The child’s mother was killed in a car accident one month after the husband reportedly filed for divorce from the woman. Because Florida law considered him the child’s legal father, the Jacksonville judge was required to award custody to the man.

The new adoption law will reportedly have a significant impact on the adoption process in Florida. Portions of the law were designed to steer more children away from the current state adoption process administered by the Florida Department of Children and Families (DCF) and into allegedly more efficient private entity adoptions. The law also requires family court judges to notify an individual relinquishing their parental rights that he or she may speak to private adoption organizations in addition to DCF.

Under the new law, DCF will no longer have the authority to take custody of a newborn that is abandoned or tests positive for drugs or alcohol. The adoption law will also tighten adoption regulations and require a home study before a child in Florida may be transitioned into a new home.

Florida’s new adoption law provides that only state-licensed private adoption entities may advertise children who are available for adoption. Previously, anyone could legally advertise an adoptable child. The aim of the advertising measure was purportedly to cut down on a number of private adoption organizations that were not reputable. House Bill 1355 was amended a total of nine times before it unanimously passed both the Florida House and Senate.

In Florida, family law is constantly changing and evolving. If you are faced with a family law matter such as a child custody dispute or a step parent adoption, it is a good idea to consult with a knowledgeable Florida family law lawyer early on in the process.
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According to the National Center for State Courts, approximately 18 million children in the United States have parents who are separated or no longer married and the parents of another 17 million children never married one another. About 25 percent of those children have a parent who resides in another city. Additionally, three-fourths of single mothers relocate at least once within the first four years after a divorce or separation. Consequently, nearly 10 million American children do not have regular face-to-face contact with one of their parents.

New technology such as Skype, email, text messages, and social media like Facebook provide some parents who live far away from their children with an opportunity to stay more connected. Six states, including Florida, have enacted laws regarding virtual or electronic parenting. Under the laws, a family court may award a parent who no longer resides in the same city as his or her children with access through electronic communications as part of a comprehensive parenting plan. The court will determine the duration, frequency, and type of electronic communications a parent is entitled to. Additionally, a court may halt all electronic communications if the interactions prove to be abusive or otherwise harmful to a child’s emotional, physical, or mental well-being.

Virtual visitation advocates believe electronic communications helps maintain the relationship between divorced parents and their minor children. Although electronic communications cannot replace physical visitation, such communication reportedly acts as a supplement that allows the long distance parent to stay involved in the day-to-day aspects of their children’s lives. Critics believe some parents use the opportunity for court awarded virtual visitation as an excuse to move away. Others believe electronic communications are too often used to spy on a custodial parent.

Regardless of the reason for a parent’s relocation, virtual visitation has the opportunity to provide long distance parents with an opportunity to keep in constant contact with their children. The additional contact may provide psychological benefits to a child of divorce or separation and reduce stress for everyone involved. Still, family courts must always keep the best interests of the child at the forefront of any virtual visitation order. If you are a parent who would like to have increased contact with your children between physical visits, speak with a knowledgeable Florida family law attorney about your child custody options.

Many Florida parents struggle with the question of who will have physical custody of their children following a separation or divorce. In the State of Florida, divorcing parents of minor children must enter into a time-sharing agreement. A time-sharing agreement outlines exactly how much time a child will spend with each parent throughout the year. If a child’s parents cannot agree on a time-sharing schedule, a family court will order a schedule that takes into account the moral fitness of the parents, any evidence of abuse, and other statutory factors.
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More than $31 million in last minute statewide budget cuts have Florida’s court clerks scrambling to reduce costs. Proposed funding to the various offices was cut in the last two weeks of the 2012 legislative session. As a result of the budget cuts, the state’s court clerks claim civil cases such as divorces will likely be significantly delayed well into 2013.

Court clerks receive, process, and store all Florida case documents. Their budgets were cut by 17 percent in 2009. After lawmakers cut court clerk budgets by another seven percent earlier this year, the clerks held an emergency meeting on March 14th to discuss the ramifications. Sharon Bock, Palm Beach County Clerk, said her office alone has seen a $10 million decrease in funding during the last three years. Bock believes she cannot operate the court in a constitutional manner if she reduces her staff any further. Instead, she plans on tabling technology expenditures and cutting staff overtime. As a result, Bock has warned that civil courts in Palm Beach County will be disturbed and residents can expect to have their patience tested.

Bock predicts lines will be longer this year at the Palm Beach County Clerk’s office. She also believes a general backlog in civil cases such as divorces will necessarily follow the most recent round of budget cuts. The constitution mandates due process and the right to a speedy trial in criminal cases. Unfortunately for divorcing couples and others, such requirements do not extend to civil cases. Constitutional requirements, budget cuts, and an increase in foreclosure and red-light camera ticket cases means more civil cases will likely be delayed.

If you are considering divorce, it is important to remember that Florida is a no-fault divorce state. This means no one needs to be blamed for the end of a Florida marriage. If the parents of minor children choose to dissolve their marriage, the former couple’s final judgment of divorce will include a custody arrangement and a parenting plan, also called a time-sharing plan. A Florida time-sharing plan will outline which parent a child will spend overnights, holidays, and other days with each week or month. If you are faced with divorce or another stressful family law matter, it is a good idea to contact an experienced Florida family law attorney to help you navigate the legal process. Having legal counsel on your side during a contested marital or family law matter can have a significant effect on your future.
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Yesterday, a judge in Miami-Dade’s Family Court lifted an emergency protection order that forbade a 22-year-old father from seeing his 3-year-old daughter. The father is currently engaged in a custody battle with the child’s mother, a Venezuelan national who reportedly accused him of kidnapping their daughter in March 2011. She allegedly filed a missing persons report on the child before returning to Venezuela to give birth to another baby. It is currently unclear whether she ever intends to return to the United States.

In February, the father was reportedly arrested in Pensacola and returned to Miami-Dade on interfering with child custody charges. He was released from jail on Wednesday. His mother was also reportedly arrested for interfering with child custody after she brought the child to court last month in order to demonstrate she was not missing and was being well cared for. Last Monday, a Miami-Dade judge dismissed both interfering with custody charges.

According to the man’s mother, she and her husband had custody of the child at the time the child’s mother reported her missing. The child’s mother allegedly accused the child’s father of child abuse, child neglect, and domestic violence as well as kidnapping. A home study of the grandmother’s residence reportedly revealed no environmental hazards, no evidence of abuse, and stated the child was happy. Following the home study, Miami-Dade Circuit Judge Cindy Lederman granted temporary custody of the child to the grandparents. Permanent custody of the child will not be resolved until the child’s mother returns from Venezuela.

To many parents, the question of who will retain custody of your children following a separation or divorce is an emotional one. Since October 2008, child custody arrangements in Florida have been referred to as time-sharing schedules. A time-sharing agreement generally outlines the amount of time a child will spend with each parent, including overnights, weekends, school breaks, and holidays. If parents cannot come to an agreement regarding a time-sharing plan, one will be ordered by a family court. A Florida family court will normally examine the moral fitness of the parents, any evidence of abuse, and a variety of other statutory factors when creating a time-sharing schedule. Because a Florida parent who wishes to modify a time-sharing plan must show substantially changed circumstances, modifying a time-sharing plan can be difficult. If you are a Florida parent who would like to establish or modify your child’s time-sharing plan, it is a good idea to contact a skilled family law lawyer to assist you.
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Broward Circuit Judge Susan F. Greenhawt, the present administrative judge of the unified family court, has notified Governor Rick Scott that she is retiring from her nine year tenure on the bench, effective June 30, 2012.

Divorce lawyers in Fort Lauderdale have been informed by Chief Circuit Judge Peter Weinstein that Circuit Judge Arthur Birken will step in and become the administrative judge of the unified family court. Judge Birken presently presides over marital and family law cases involving alimony, child support, time-sharing, parenting plans and paternity.

Judge Weinstein was surprised when Judge Greenhawt informed him in February of her plans to leave the bench and become a mediator. Judge Weinstein, along with many marital and family lawyers in Broward County, Florida, believe that Judge Greenhawt has displayed an extraordinary work ethic.

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A Titusville father and his girlfriend are being held without bail in Brevard County after authorities reportedly removed a 12-year-old boy who was allegedly starved and locked in a small closet in their home. The son of the 38-year-old father was reportedly taken to a local hospital where he was treated for dehydration and malnourishment after police went to the home to investigate a child abuse report. The father and his girlfriend were both reportedly arrested by police and charged with three counts each of aggravated child abuse and child neglect. During an emergency custody hearing, the boy, his 10-year old sister, and the girlfriend’s 15-year-old son were reportedly placed in the care of the Florida Department of Children and Families by Brevard County Judge Tonya Rainwater.

The couple is accused of allegedly starving the boy and locking him up as punishment for stealing food. According to police, the 12-year-old weighed only 40 pounds when he was removed from the home. The child was allegedly locked in a closet, locked in a bathroom, or strapped to a bed repeatedly over the course of the preceding year. The other two children taken from the home were also examined by physicians.

The father was reportedly investigated in 2010 for child neglect. After the allegations were investigated, the boy was allegedly taken out of the Brevard Public School system. Until this month, there was no further contact between the household and child welfare officials. Although the children are under the supervision of the Florida Department of Children and Families, they are currently being cared for by a grandparent. State officials are also attempting to locate the 12-year-old’s mother. They have reportedly located and are communicating with the father of the girlfriend’s son. The father of the 12-year-old reportedly has another child living with an ex-wife in Ohio whom he has not seen in approximately 14 years.

Few subjects are more emotional to parents than who will care for your children after a divorce or other separation. In the State of Florida, a parent who seeks to modify a child custody order has a responsibility to demonstrate substantially changed circumstances and the child’s best interests must justify any change. A family court will examine a parent’s fitness to raise the child, the parent primarily responsible for the child’s upbringing, the child’s age, and the child’s preference when considering a request to change a custody arrangement. Other factors such as the moral fitness of the parents, any evidence of sexual violence, child neglect, child abuse, or child abandonment, and various other statutory factors will also be examined.
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Florida’s Third District Court of Appeal has reversed a permanent periodic alimony and attorney fees award in a high profile divorce case. A Miami-Dade trial court awarded Nancy Loftus Quinones $14,135 in monthly alimony following her 2009 divorce from her husband of 18 years, ABC News correspondent John M. Quinones. At the time of the parties’ divorce, the former wife was reportedly largely unemployed for 18 years and the former husband earned more than $1 million per year. The couple also had two children who were attending private schools, one of whom was still a minor. Mr. Quinones reportedly voluntarily paid the private school tuition for both children.

At the time of the divorce, Mr. Quinones reportedly brought home more than $58,000 per month. He allegedly paid approximately $52,000 per year on college tuition and other payments for the couple’s adult son. Because the parties reportedly did not enter into a contractual agreement regarding the tuition payments, the trial court committed error when it considered the former husband’s voluntary payments for the couple’s adult child when determining the wife’s alimony award. This increased Mr. Quinones’ monthly expenses and reduced the amount of money he had available each month to pay alimony to his former wife.

Mrs. Quinones claimed she required $28,000 per month in order to maintain her current lifestyle. According to the Third District Court, the number was not unreasonable based on the parties’ lifestyle and her former husband’s income. Despite that no evidence was offered to refute the former wife’s financial claims, the trial court adjusted her alimony award downward. Consequently, the Third District Court of Appeal determined the trial court failed to properly take into account the standard of living the wife enjoyed prior to the couple’s divorce as required by Florida Statute.

The Third District Court of Appeal reversed and remanded the case for reconsideration of the permanent periodic alimony award. On remand, the trial court was ordered to disregard Mr. Quinones’ voluntary payment of tuition expenses for his adult child and to take into account the standard of living enjoyed by the parties prior to the dissolution of their marriage. Additionally, because there was nothing in the trial court record to demonstrate the former wife engaged in behavior to prolong litigation or inflate her attorney’s fees, the Court reversed the trial court’s costs award and remanded the issue for reconsideration. Finally, the Third District affirmed the trial court’s equitable distribution award.
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