Ocala Divorce Lawyer Blog

I frequently hear prospective or current clients telling me about how their soon-to-be-ex or former spouse is engaging in disparaging comments about them. I reassure them that taking the "high road," rather than acting "in kind," is the healthiest for the children. Normally, after the emotions of divorce begin to fade, so do the hurtful comments from one parent about the other. However, the parent engaging in the negative behavior may be purposefully encouraging a child to disengage with the other parent and/or denigrate the other parent. Typical methods include: badmouthing the parent, denying visitation rights through geographical relocation or other means, using the psychological threat of detachment, and withdrawing affection and other tactics. There reaches a point when the mere "bad mouthing" turns more serious and becomes Parental Alienation.

Parental Alienation is extremely complex and difficult to assess -- especially initially. Two very good resources may be The Florida Bar article by Michael Bone and Michael Walsh that come out in 1999. The other is Michael Bone's website that deals exclusively with Parental Alienation and the Florida Court system. I have worked with Dr. Bone on some rather difficult PAS cases and he is an absolute expert in his field! It should be specifically noted that in 2000, in Tampa, J. Michael Bone, Ph.D. was directly involved in a "Frye Hearing" as was Richard Gardner, M.D. along with Richard Warshack, Ph.D. The court ruled that PAS was accepted in the professional scientific community and did meet the Frye standard.

In a parental alienation situation when one parent uses tactics of hostility with a child, the dynamics of time-sharing changes dramatically. A child may act-out to prevent time-sharing with the "targeted" parent. A new time-sharing arrangement evaluation may be in the best future interests of the child. This may mean giving the targeted parent the most overnights, to offset the effects of PAS. Enlisting the advice of an expert, someone like Dr. Bone, well versed in this type of damaging behavior, can help a parent with an alienated child evaluate their options and pursue some therapeutic remedies. Equally as important is having legal counsel who has worked in this field and can help discuss various legal remedies.

It is vitally important that these matters are handled with extreme sensitivity, care and professionalism to ensure the best interests of the child. The welfare of children is of utmost importance to the law office of Anne E. Raduns, PA. Frequently, the children are forgotten as parents fight for child custody rights and wage child custody battles. The law office of Anne E. Raduns PA is a staunch advocate of protecting the best interests of children to develop stable, consistent relationships with the adults in their lives whenever possible.

Responsible parents have the right to have a positive, loving relationship with their children. And, children deserve to grow up in a psychologically healthy relationship with their parents. Too often Florida child support and time-sharing rights become the issues former spouses use to vent their anger and hostility. As research suggests, emotional dysfunction for the child can follow him or her far into their future relationships with others. The healthiest children grow up with two loving parents fully present in their lives, even if the parents are divorced. Divorce should not make either person any less of a parent!

If parental alienation has affected you, please contact us online or call 352-840-9660 for a free consultation.

As a divorce attorney I see this scenerio play out repeatedly in the context of what religion are the children going to be raised:

A custody battle between parents has erupted in a firestorm over religion and the boundaries of faith and the law. The couple live in the Chicago area and was reported by CBS and the Sun-Times.

It's the story of Joseph Reyes and Rebecca Shapiro; he's Catholic, she's Jewish. They married in 2004. Because Rebecca came from a deeply religious family, Joseph agreed to convert to Judaism but, according to him, he continued to practice Catholicism.

Both said they were open-minded about religion, but the story begins to diverge there. According to Joseph, because Rebecca came from a deeply religious family, her parents wouldn't accept their daughter marrying a gentile. Rebecca denies that, and said that she was OK with his religion as long as he agreed to build a Jewish home.

Their wedding was a traditional Jewish affair. They signed a ketubah, a Hebrew marriage contract, and held the wedding ceremony under a huppa, a ceremonial canopy that symbolizes the creation of a Jewish household.

They broke a glass, danced the hora --these are customary in Jewish weddings, and began their lives together. But the marriage began to go south --the reasons why are not the issue, but the long and the short of it was as Rebecca said, "we just didn't see the world the same. We had different expectations for what two people in love should act like."

But by this time, they'd had a daughter, Ela, born in November 2006. On this front, both parents agree that she is a perfect little angel. But she also became the center of a bitter custody battle over what religion to raise her in. By Rebecca's account, the couple agreed to raise her Jewish, which meant frequent trips to the synagogue, sending Ela to a Jewish preschool, and celebrating Jewish holidays.

Continue reading "What Religion Are We Going to Raise Our Child: A Legal and Religious Dilemma" »

Dear Star Banner:

I believe that the editorial, "Nothing but food stamps..." in the Star Banner dated February 28, 2010, regarding Fathers not paying support deserves a response. I am a family law attorney in Ocala and I cover the areas of all around our circuit. The sentence I found most disturbing was, "if a woman does not want the man around her or her children the support may help to pay a sitter while she is seeking employment." With the mentality that dad is just a "paycheck" it's not surprising that the support will be sporadic or non-existent. Why in the world would you want or decide to have children with a man you don't want around the kids? The courts and I find it ironic that the mother had no problem being around this man when they were making the baby, only to decide that he is too dangerous to be around the baby after birth.

I am a firm believer that the legal doctrines of "best interests of children," "shared parental responsibility," and "equal parenting time" are not mutually exclusive. Most people do not like paying for something and getting nothing in return. If a parent wants to get timely and continuous support the best thing to do is keep the paying parent connected with the child. I hear man after man saying that they are tired of dealing with moms who are constantly interfering in their parenting time. This is a call to the ladies out there who "hook up" with a guy they don't really know very well, are not married to, and then have a baby with them - why in the world are you doing that? Find a mate, get married, and raise a family. We don't usually see "dead-beat dads" in this scenario. The heart of this larger problem is evidenced weekly in the birth announcements published in the Star Banner where 50% to 60% of the births appear to be to unmarried parents.

The surest way to get the other person to pay support on a regular basis is to equalize parenting time between divorcing spouses or unmarried parents, making sure children have the chance to be with both Fathers and Mothers as much as possible. Being a Father is arguably one of the MOST important and special roles a man will have in his lifetime. Fathers deserve a chance to continue being a parent and to teach their child about the world around them. Fathers need to be there for their children, and not be relegated to being "weekend parents." Too many times I hear the dad say," I'm not on the school records, not on the medical records, and not on the activities records."

For decades it was presumed that custody of children of "tender years" was best with mothers because it was wrongly believed that Fathers are inept as parents. Fortunately, our Florida Statutes have moved towards gender-neutrality. The "tender years doctrine" is really dead. And though fathers seeking child custody have gained ground in recent years, they are still burdened by old stereotypes. And for those able to see behind smoke screens, custody fights are not always about the children. Many times custody is just about the money. I've seen many cases where custody fights, even to the exclusion of visitation, are strategic maneuvers to maximize child support, alimony, and equitable distribution. Afterwards, when the battle is won, the barriers to child access mysteriously fall away, only to be raised again if payments are not prompt or if feelings are hurt.

The simplest and most responsible way to solve the problem of the non- payment of child support is clearly not to have multiple babies with multiple baby-daddies (or vice versa). Children are little people that require love, nurturing, guidance, and care-taking by both parents. They are NOT weapons to be used get more money or to get the upper hand in a court of law. Take some time, choose a mate wisely, get married and raise a family together. If for some reason the marriage does not work out, arrange for an equal time-sharing arrangement to keep Dad actively involved in the children's lives.

I had a prospective client in my office early in the telling me that he didn't know that signing the baby's birth certificate made him the presumptive legal father. He had just been served with papers from Department of Revenue/Child Support Enforcement, and now the baby's mother was seeking child support. Honestly, he was not sure he was the biological father at all. He had heard from friend's of the mother, that she believed that the baby's real biological father was her past boyfriend. Now the question he asks, "what do I do?"

Florida's statute that deals with the Disestablishment of Paternity is Section 742.18. There are certain requirements that must be followed when attempting to disestablish paternity. One of the requirements is that the party attempting to disestablish paternity must file a Petition To Disestablish Paternity with the court and demonstrate some "newly discovered evidence." This evidence may be any number of things, including finding out that the biological mother believed someone else to be the Father. Also, a DNA test must be performed and submitted to the court as evidence that the person trying to disestablish paternity is really not the biological father. This DNA test must be performed within 90 days of the filing of the petition, but if the man attempting to disestablish paternity does not have to the child for testing, then he may file a motion with the court to request the court to order the mother to provide the child for a DNA test.

Lastly, the statute is clear that the Petitioner attempting to disestablish paternity must be current on all child support obligations or that he has substantially complied with the child support payment obligation. Although this legal process is not that common, we have successfully helped men disestablish paternity and terminate child support for children that were not theirs. If you believe that you are not the biological father for a child for which you are currently paying support, please contact the Law Office of Anne E. Raduns, PA for a free consult to discuss your legal options and the costs involved.

If you are interested in pursuing an Uncontested Divorce, please call the Law Office of Anne E. Raduns, PA to find out how we can help. Even with an Uncontested Divorce, there are risks involved if you decide to do it yourself. We can help you with the process quickly and inexpensively. Call today for your free consultation.

The Department of Revenue was originally an offshoot of the Department of Health and Human Services, created in 1975 to "ensure that children have the financial support of both their parents, to foster responsible behavior towards children, to emphasize that children need to have both parents involved in their lives, and to reduce welfare costs." DOR/Child Support Enforcement has the task of either determining, modifying, or enforcing child support in all of Florida's 67 counties.

The Florida Department of Revenue has the authority to enforce your child support requirements. Once your child support payment amount is established, as determined by Florida's child support guidelines, the payment requirement is enforceable not only in Marion County and throughout Florida, but also anywhere in the country.

If this is an initial determination, you were probably served with a Petition to Establish Child Support. This may have been in connection with a child born out of wedlock or it could have been part of a divorce where child support was not yet established. DOR also handles modifications where the custodial parent is seeking to have an increase in child support. Or lastly, this could be an enforcement action where the non-custodial parent is failing to pay timely support. In any of the above cases, it is important to hire an attorney to make sure that you are treated fairly during the process and your financial interests are protected.

Enforcement of Child Support Orders - The Payee Parent

If you are not receiving the payments you and your child have been awarded, contact us so we can guide you through the difficult process of getting the payments you deserve. We have successfully placed liens on real property, personal property and future income (including Personal Injury awards) to ensure that payment will be received. Additionally, Anne E. Raduns, PA we will work with you to ensure payment getting payments directly from the parent's employers, or suspending a driver's license.

Enforcement of Child Support Orders - Payor Parent

If you have been issued an Enforcement order it is critical that you take this seriously. In the state of Florida the courts have the ability to get you to pay by:

* Suspending your Florida driver licenses
* Intercepting tax refunds
* Ordering employers to take payments directly from your paychecks
* Placing a lien on your property

Contact Anne E. Raduns, PA so we can work with you and the courts to find the fairest way to all parties to bring you into compliance. We will examine your finances and situation and negotiate a method to repay your costs so your child can receive the support needed. This could result in reduced payments, a deferral of payments, and / or a modification of future payments.

Modification of Child Support Orders - Either Parent

All things change, and so to may the ability to pay child support or the need for increased child support. If this is the case, either parent can petition the court for an adjustment to the current payment. If either parent has received a raise, lost their job, if the child has special needs, or for any other payment altering events, may result in a need to modify the original child support order. Our office can work with you and DOR to determine the revised payments that meets Florida's child support guidelines.

For a free consultation please contact the law office of Anne E. Raduns, PA. We helped hundreds of parents through the maze of DOR Child Support enforcement. Whether you are the payee parent or the payor parent, we will make sure you are treating fairly by the process.

As a divorce attorney, I suppose this is probably the third most common question I get from clients or prospective clients (right behind "how much will this divorce cost" and "how long will this divorce take"), which simply stated is, "do I have to take the credit card debt of my spouse if I didn't run up the bill." The answer to that question generally results in the spouse who did not run up the bills feeling "duped" and the divorce process being "unfair."

Under Florida Statute 61.075, marital debts and liabilities will be equitably between spouses during a divorce. This means that generally any debt or liability acquired during the marriage will be divided between the divorcing spouses, regardless of whose name is on the debt or liability. This means credit cards too. It's important to remember, however, that the Statute requires the division of debts/liabilities be equitable, not necessarily equal. For the court to determine what is an equitable distribution of marital debt, it can consider many statutory factors, including: each person's contribution to the marriage, any contributions one party has made to other person's education or career, whether either party has intentionally depleted or destroyed marital assets and other equitable factors. As an aside, this process generally does not include "pre-marital debt." So if one spouse can show that the debt (or a portion of the debt) existed before the marriage, then it may not be treated as a marital debt for the purposes of equitable distribution.

However, I must point out that credit card companies to not have to and generally won't agree to abide by a Divorce Decree or Final Judgment of Dissolution of Marriage. So while you and your spouse have agreed to divide up the debt a particular way or the Court has ordered it divided a particular way, the credit card company is not obligated to follow that agreement or Order. Instead, the credit company will hold whomever is listed on the account responsible for the debt. This may be problematic if say the Husband has agreed to take a credit card debit listed in the Wife's name. He may fail to pay it and the credit card company will still demand payment from the Wife, regardless of the court order.

But what about credit card debt when one spouse didn't know a thing about? This is the most heartbreaking answer: if it was acquired during the marriage, regardless if you knew about it or not, or it was it your name or not, it is still a marital debt that it going to be divided. I had a client whose Wife had charged up about $30,000 of debt he knew nothing about. He generally handed her his paycheck and let her handle the martial bills and finances. When she filed for divorce, it was only then did he find out about the debt. She had not engaged in any "martial waste," as in spending money on a paramour or anything. So, even though the didn't know about the debt, he was still required to take on half of it. Not knowing about the debt does not relieve the other spouse from being responsible for it. This is a caveat emptor - KNOW, LEARN, BE INVOLVED in what is happening with your finances! Don't let someone else just manage the household finances unchecked.

If you are thinking about Divorce, an experienced divorce lawyer can help you protect yourself as much as possible from the financial hazards involved in credit card debt. For more information on how we can help you, please contact the Law Office of Anne E. Raduns, PA for a free initial consultation.

As a Divorce Lawyer, I am frequently faced with issues similar to this opinion. Clients want the upper-hand in their litigation, and sometimes take actions they would not normally take under normal circumstances. There was a Paternity case that came out this past week that stands for the proposition that if the information was stolen, illegally obtained, or obtained under very, very suspicious circumstances not only is it not going to be considered by the trial court but also there is a strong possibility that the Attorney/Firm that used the information will likely be removed from the case. This case also applies to any Family Law case, including issues of Divorce, Child Support, Parenting Plans, or any other litigation involving the family. I often get inquiries from prospective or current clients involved in highly contested Divorce cases or Paternity cases wondering if they can snoop around the other side's computer and use what they found. I know the temptation for my client is there, but it's just not with the aggravation or the penalties that could happen.

In the case of CASTELLANO v. WINTHROP, Fla. 5th DCA District. Case No. 5D09-2798 the Mother sought to have the Appeal's Court review of an order of the trial court disqualifying her counsel/Firm. The disqualification was based on the Firm's receipt, review, and use of respondent, the Father's USB flash drive that contained electronic files including, among other things attorney/client communications, client litigation notes, and attorney work product. The Mother contended that the disqualification order represented a departure from the essential requirements of the law because a less drastic civil remedy was sufficient to address any potential wrongdoing.

The Judge and Appeals court found that the disqualification of the Firm was required because "an informational advantage was obtained." The Mother and the Firm were ordered to return the USB drive and any and all copies that were in their possession or control. The Mother and the Firm were also ordered to remove from their computers all of the Father's confidential and privileged information and to make their computers available for third-party inspection to confirm the deletion of this information -- all at the Firm's expense.

For the benefit of other attorneys facing a similar dilemma, the case notes that the Florida Bar Commission on Professional Ethics has opined that when an attorney receives confidential documents he or she knows or reasonably should know were wrongfully obtained by his client, he or she is ethically obligated to advise the client that the materials cannot be retained, reviewed, or used without first informing the opposing party that the attorney and/or client have the documents at issue. If the client refuses to consent to disclosure, the attorney must withdraw from further representation. Fla. Bar Prof'l Ethics Comm., Formal Op. 07-1.

If you are involved in a Divorce or Paternity case, please visit our website or call the office Anne E. Raduns, PA for a free consultation to discuss your legal rights and options.

I have blogged here recently on a shift of the court to a more equal time-sharing structure between the divorcing parents. I wanted to tie this in with a blog post on parents behavior during the divorce process. It cannot be stated strongly enough that the divorce process is very hard emotionally for children. Divorce is exceptionally hard and parents can make it worse by their behavior in front of the children. I often implore and remind divorcing parents not to disparage the other parent in front of the children. Remember, the children are one-half of the other parent you are divorcing, both biologically and emotionally. When you disparage the other parent, aren't you also in effect disparaging one-half of the child as well? Children often internalize the criticism that way.

There has been much research on Divorce and Impact on Children, and researchers now view "conflict" - rather than the divorce or parenting-time schedule- as the single most critical determining factor in childrens' post-divorce adjustment. Some of this research spans 30 years or more and follows children from the '70s into adulthood. It has been shown that the children who succeed after divorce, have parents who can communicate effectively and work together as parents. The treat raising the children as something that needs to be done effectively despite their own feels about the other parent. The better the two parents can work together to raise the children, the more successful the children will be in their endeavors. This seems axiomatic but it is very hard for parents, as people with real human emotions, to move past the pain of divorce and focus on the needs of the children.

Additionally, research has further shown that the children's psychological reactions to their parents' divorce vary in degree dependent on three factors: (1) the quality of their relationship with each of their parents before the separation, (2) the intensity and duration of the parental conflict, and (3) the parents' ability to focus on the needs of children in their divorce.

Continue reading "What is the Cost to the Children: Florida Divorce Impact to the Children" »

I hear this question frequently in my practice, "We were never married, we have a child together, and I want to move back to _________ to be closer to my family. Can I go?" The answer is "No, without a Court Order allowing you to move, you run the risk of being brought back to Florida by court-order if you don't follow the Statute correctly." Regardless if you are married or not, if the other parent is entitled to parenting-time with the child, the parent wishing to relocate must follow Florida Statute 61.13001. There does not need to be a court order in place ordering time-sharing for the other parent, just being entitled to it will allow the non-relocating parent to be able to stop the relocation. It is often insufficient for the parent seeking to relocate to show only that the planned move would provide a "support system" (family, friends, etc.) to her/him or the children.

Additionally, it may not enough to show that a higher paying job is available in the planned location. However the more factors which can be provided to the court, including additional factors such as offering substitute visitation and a contribution toward travel costs for the other parent, may suffice. Whether the non-relocating parent has been an active parent is also a significant factor. A difficult situation exists when a non-relocating parent has been active with the children, but the employer of the parenting seeking to relocate or her/his new spouse requires a transfer to another state. Generally, there is usually no easy way to determine in advance whether a court will grant relocation. There is a caveat here, if the relocating parents obtains the consent/approval of the non-relocating parent, then the move should not be able to be stopped. Here are some things to consider whether you were married or not to the child's other parent and are seeking to relocate:

Continue reading "Can I Move With The Child Even If We Are Not Married: Florida Relocation of Unmarried Parents" »

Positive. Life-enhancing. Enlightening. Compassionate. These words are seldom associated with divorce. Words that typically come to mind are: Painful. Agonizing. Resentful. Bitter. Ugly. The average divorce takes two years with a median cost of $30,000. Yet the true cost of divorce is more than time or money, it is the legacy of the decisions made during the process, says Chicago Judge Michele Lowrance. It doesn't matter how long a couple has been married, whether there are kids or no kids, the painful impact of divorce often leads to bad choices that can forever alter a family's life, she adds.

Couples overburdened with emotion choose litigation as the best way to protect their interests. "By letting the court determine far more than just their future financial, and custody decisions, the divorcing parties abdicates the power they have over their own life and choices," the judge says. "Without fail, both parties end up regretting the decision to litigate almost immediately and for years to come. Nobody starts a marriage hoping it will end in divorce, but that doesn't mean that divorce needs to be the defining moment of their life."

Judge Lowrance has learned that there's a better way to handle divorce. So she came up with a plan to turn the negatives of divorce into positives. She explains the program in her new book, The Good Karma Divorce: Avoid Litigation, Turn Negative Emotions into Positive Actions, and Get On with the Rest of Your Life.

Continue reading "Florida Divorce Advice: The "Good Karma Divorce" from Judge Lowrance" »

There has been a huge push by Fathers, Attorneys and the Florida Legislature to put Rotating Custody (or Equal Time-Sharing) on the same level playing field as other types of time-sharing arrangements. Florida Statute 61.13 governs time-sharing and parenting plans established by the court. To understand the issues with rotating custody we have to take a look back to 1997. In 1997, the Florida Legislature enacted section 61.121 which states as follows: "The court may order rotating custody if the court finds that rotating custody will be in the best interest of the child." But courts still found reasons not to give equal time-sharing a chance.

Most courts around Florida believed this to mean that the presumption against rotating custody had not been removed. There were a long line of cases that still found that rotating custody was still disfavored even after the statutory change: Ruffridge v. Ruffridge, 687 So.2d 48 (Fla. 1st DCA 1997), holding that Florida courts have recognized that rotating child custody is presumptively not in the best interest of the children."); Langford v. Ortiz, 654 So.2d 1237 (Fla. 2d DCA 1995), holding that Rotating custody ... is presumptively not in the best interest of a child; Caraballo v.. Hernandez, 623 So.2d 563 (Fla. 4th DCA 1993), adhering to rule that rotating custody is presumptively not in the best interest of the child; Wilking v. Reiford, 582 So.2d 717 (Fla. 5th DCA 1991), holding that generally, rotating custody is presumptively not in the best interest of children, but there may be special circumstances which justify rotating physical residence; Bienvenu v. Bienvenu, 380 So.2d 1164 (Fla. 3d DCA 1980), holding that it is well-settled Florida law that split-custody provisions ... are strongly disfavored and ordinarily may not be sustained.

Continue reading "Florida Rotating Custody: Now on an Equal Playing Field" »

If you find out your girlfriend is pregnant, one of the first things you should do is register with the Florida Putative Father Registry. Without your permission, your girlfriend could place the baby up for adoption and later contend that you abandoned her and the baby while she was pregnant. Florida Statute 63 requires that you substantially comply with all of the sub-section in order not to waive your right to consent.

Here is what you should do:
1. Register with the Florida Putative Father Registry
2. Offer to pay for medical visits, pre-natal care, maternity clothes, and any related pregnancy expenses, including food and housing. Keep receipts - you may need them down the road to prove that you helped her when she was pregnant.
3. Go with her to the Doctor Appointments. Make sure you introduce yourself to the Nurse or Doctor. Ask questions. Make sure they mark in the chart you were there.
4. Pay financial support and keep receipts.
5. Be involved in the pregnancy. If the two of you don't live together, call daily and find out how's she'd doing and how the pregnancy is going. If she refuses your calls - make a diary of the attempts and how she refused to talk to you.

Continue reading "Florida Contested Adoption: Helping the Biological Father Get His Child Back" »

The issues of child support are generally the same whether you're from a "celebrity family" or just a "regular hard-working family," living in Florida or Alaska: parents have an obligation to pay support for their children, whether married or not. The only thing that may vary is the actual number. According to court documents filed Thursday in Alaska and posted on the Web site TMZ (you can see the papers filed here), the 19 year-old daughter of Sarah Palin is seeking temporary financial relief in the form of child support from the father of her one year-old son and pay $1,750 a month in child support payments.

Palin is also seeking back payments beginning from late December 2008, when the child was born. According to the pleadings filed in court, Palin says Johnston made "in excess of 105,000 in 2009 through various media interviews and modeling related activities."

Continue reading "Bristol Palin Seeking Child Support: The Obligation is the same in Florida as in Alaska" »

I am frequently asked by a very concerned parent, "I am afraid that my child's other parent is going to take the children to ____________ (any country out of the US) and not bring them back. What can we do?" Or the flip-side of this problem is, "I want to take the kids on a Disney Cruise and we need passports, but the other parent won't give permission." This is really both sides of the same problem. Is there anything the Florida Divorce lawyer can do to help?

The first question is really about child abduction. Let me begin by saying that to legally move a child from this country to another requires a passport. There are special requirements to obtain passports for minor children. Both parents of a child under the age of 16 must be present in the passport agency and sign a consent for a passport. One parent cannot unilaterally obtain a passport for a child under 16. The passport forms and requirements are very clear. If the one of the parents doesn't consent to obtaining a passport for the child, then a passport will not be issued, and that child may not legally leaving the county. If the child already has a passport, we can ask the court to impound that child's passport if the threat of abduction is real and credible.

Continue reading "Traveling Out of the Country with Children: the Passport Issue" »