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Broward County Family Law Blog

Noncustodial parent abducts children with plans to go to FL

Child custody disputes are fraught with emotions, however, the legal system provides options to avoid the need for self-help.

The noncustodial parent of two children in a Midwest state had plans to take the children to Florida authorities say. The child custody dispute took place when the biological father of one of the two children, though he does not have parental rights for the child that is biologically his own, took both children which began a stand-off with police. The stand-off ended with police rescuing the children and the man has been charged with criminal confinement and violation of a child custody order.

Mother of child asks FL basketball player for more child support

Child support modifications can be available but must be sought through the court.

A Florida basketball player has been ordered to provide financial records in response to a request from the mother of his child for more child support. Mario Chalmers, who plays for the Miami Heat, has 30 days to provide the documents in the child support dispute by order of a Florida judge. A child support agreement was reached in 2012 after Chalmers was established as the father of the child. Chalmers recently, however, signed a three-year contract extension and his income, since the original child support agreement, has grown. As a result of the four-fold increase in income from $1 million to $4 million, the child's mother is asking for a child support agreement modification.

Basketball player Wade pays $25k a month in alimony

Miami Heat basketball player Dwayne Wade is currently paying $25,000 a month in alimony to his ex-wife. Alimony has been a much-discussed family law issue in Florida recently. In addition, he pays $10,000 a month in her living and travel expenses. Wade, who has custody of the couple's two children, also paid her a $1 million lump sum. While the couple's divorce became final last year, Wade's ex-wife recently accused him of making it difficult for her to visit the couple's two children. There are other issues that also remain in dispute between the couple.

Family law legal issues, including division of assets in a high-asset divorce, child custody and support issues, as well as alimony, can often be emotional. Alimony is often referred to as spousal support and is considered a rehabilitative payment that the paying spouse can afford to make while the other spouse becomes able to support themselves after the marriage has ended. As is the case in many family law matters, spousal support can be agreed upon by the parties or awarded by the court.

Broward Co. woman receives prison for kidnapping daughter

It is important that parents follow child custody orders from the court, as there are many methods for enforcing child custody orders.

A Broward County woman was recently sentenced to a year in federal prison, and is likely to be deported, for international parental kidnapping. The child custody issue stems from the woman's 2011 decision to take her daughter to the Dominican Republic, where both were found. The FBI, the U.S. Attorney's Office, the U.S. Department of Justice and Office of International Affairs were all involved in the search. The woman violated a state child custody order by taking the 10-year old to the Dominican Republic for a year. Prior to the woman taking the girl, the child's father had been awarded primary custody of the child and the woman had been ordered to pay $570 a month in child support. The judge said that the stern sentence would be a deterrent to others taking a child from a custodial parent and out of the country.

Bill that will bring changes to alimony laws goes to FL governor

There are many important divorce legal issues, including alimony which is also sometimes referred to as spousal support.

A bill that would seriously change existing Florida alimony laws has been sent to the governor. The bills is said to be overly critical of ex-spouses, especially women, who receive alimony following a divorce to help get them back on their feet. The proposed law would end permanent alimony, would provide a cap on alimony awards (the cap would be set based on the paying spouse's income and the length of the marriage) and would make the process for the paying spouse to conduct an agreement modification to lower alimony payments upon retirement easier. The law divides marriage into categories based on length of marriage. The law would also give equal custody of any children to both parents at the end of a marriage. The proposed changes to the alimony laws have been somewhat controversial and some argue it will allow spouses to retroactively change the terms of a divorce agreement.

Father takes children taken from grandparents' custody in Florida

Child custody disputes can sometimes be volatile but the legal system can help parties focus on what is best for the children.

Two children recently abducted from their grandparents' home in Florida were in Cuba with their parents. The child custody case recently left the Florida grandparents with permanent custody of the two children. Authorities have stated that the children's father entered the grandparents' home, tied up the grandmother and abducted the two children before fleeing with them and the children's mother to Cuba. An arrest warrant for kidnapping has been issued for the man who lost custody after a drug possession arrest and attempting to kidnap the children from their previous foster home at gunpoint.

Florida mom in dispute over grandparents' visitation rights

Grandparents' rights issues can be both complex and sometimes controversial.

A Florida mother is in a cross-border custody dispute with her child's grandparents. The situation brings the important family law issue over grandparents' rights to the forefront. The visitation dispute has been going on for several years ever since the woman's husband was killed by her grandmother. The grandparents are in Illinois and the woman has spent several months in jail in Florida due to her fight against an order that her daughter must go to Illinois to visit her grandparents. The woman claims she is caught between Florida and Illinois in the legal process. The woman reports that when her child has visited her grandparents, it has had a negative impact on the child. The woman stated that she is happy for the grandparents to come and visit the child in Florida.

Former NFL player divorcing 'Housewives' wife

Though divorce can be a challenging process, different options exist to accommodate different circumstances.

Former NFL football player, Kordell Stewart, recently filed for divorce in a neighboring state. Stewart filed for divorce from his reality-TV star "The Real Housewives of Atlanta" wife. Stewart claimed that his marriage to Porsha Williams is "irretrievably broken" in his recent filing. The couple were married less than two years ago and do not have any children together. Stewart has asked the court to determine that there are no marital assets to divide and that neither side be required to pay alimony. Williams apparently learned that her husband had filed for divorce from the media and did not receive the news directly from him.

Grandparents' rights in Florida may be changing

Grandparents' rights can be an emotionally-charged issue.

Recently, the Florida House Civil Justice committee voted unanimously in favor of a bill in support of grandparents' rights. Grandparents' rights has been an important family law issue in Florida after the legislature's previous attempts to pass a "Grandparents' Bill of Rights" were determined to be unconstitutional because it would interfere with a parent's right to determine who can and cannot see their child. The bill would allow a grandparent to request to visit a grandchild if one of the parents is missing, dead or in a vegetative state. The more restrictive grandparents' rights law than the earlier bill of rights still has several more stops and identical legislation has not yet been heard in the state Senate.

Domestic partner registry already in Broward County may grow

Increasingly, unmarried couples, especially same-sex unmarried couples, have becoming a family law issue of growing importance.

Another Florida county may soon join 18 other cities and counties, including Broward county, in creating a domestic partner registry which would mean change for some unmarried couples in the county. This family law change would allow both homosexual and heterosexual couples to enjoy a recognized relationship. Although the couples' long-term relationships would be recognized, they would not enjoy the around 1,400 rights granted to married heterosexual couples by the state and federal government. They would, however, enjoy some rights and privileges which would include health care and end-of-life decision making, among a few others. A local gay woman commented that what is really needed is a marriage act but that this would be a step in the right direction. In 2008, Florida voters defined marriage as between a man and a woman only. The proposed registry would be supported by the $50 fee couples would pay to register.