Legal advice on Joint custody and child support

Lockdown On March 17, 2020, the Florida Supreme Court issued various administrative orders (www.floridasupremecourt.org/emergency) instructing each judicial circuit and courts to cancel or postpone all non-essential in-person hearings and to take steps to reduce the need for emergency hearings or filings during the lockdown period. Given the current limited access to the courts and the propensity for timesharing issues to arise more frequently during times of crisis, some courts have implemented temporary administrative orders in order to reduce the need for additional and/or emergency hearings and filings related to parental responsibility and timesharing disputes between parents. The administrative orders are intended to provide guidance to the parties and attorneys as to how to resolve parental responsibility and time-sharing issues during this time. Here is a brief summary of the new guidelines issued in Miami-Dade and Broward County’s recent Domestic Relations Administrative Orders. Here is a copy of the 11th Judicial Circuit/Miami-Dade Administrative Order 20-06 and the 17th Judicial Circuit/Broward County Administrative Order 2020-30, both of which became effective as of April 2, 2020. Additional Judicial Circuit Domestic Relations Administrative Orders can be found in the links below: Both the Miami Dade County’s Administrative Order 20-06 and the Broward County’s Administrative Order 2020-30 apply to all new and existing family law matters and cases regarding parental responsibility and time-sharing disputes within each Circuit’s Family Divisions. The Miami-Dade the Administrative Order also includes the Unified Children’s Court Division. Applications and Terms of the Orders The Orders shall not supersede or modify any existing domestic violence injunction, criminal “no contact order” or dependency order. Judges are free to amend or modify the Orders in any case should the circumstances warrant the same. The Orders shall remain in effect until the first of the foregoing to occur resumption of non-essential in person hearings or a subsequent temporary order issued by the Court. Any subsequent order entered which does not modify the Administrative Orders will remain in effect until otherwise ordered. Finally, any part of the Orders not changed by a subsequent order shall remain in effect. Contact with Both Parents; Shared Parenting. (Regular Time-sharing) -The parties are expected to adhere to all existing orders, including temporary orders, final judgments and agreements on parental responsibility and timesharing schedule. -Unless otherwise prohibited by an existing Order, each parent is prohibited from unreasonably restricting access of the children to the other parent. -Miami Dade County Only: The parties’ regular timesharing schedule shall continue in effect until the last day of school as determined by the school district or official in which governs the parties parenting plan. The parties summer timesharing schedule will immediately begin on the last day of the 2019-2020 school year. -Broward County Only: The same as Miami Dade’s Order set forth above, except that if the school designated in the parenting plan has ended the 2019-2020 school year prior to the original 2019-2020 official school calendar date, the parties shall continue regular timesharing, as though school were still in session, until the date designated as the last day of school in the 2019-2020 official school calendar. Timesharing Schedules During Shelter in Place/Lock down Orders** Miami Dade County Only: -In the event the Governor of Florida and/or any other government official(s) issues an order that requires parties to “shelter in place”, no timesharing exchanges can take place. The parties shall abide by the directives applicable to their locality. Once the shelter in place orders are lifted, parties are to resume time-sharing as previously ordered or agreed upon. Broward County Only: -In the event that the Governor of Florida and/or any other government official issues an order that requires parties or a party to restrict movements as a mass or partial quarantine or suppression strategy to mitigate or slow the spread of COVID-19 (often referred to as “shelter in place” or “stay at home” orders), and including, but not limited to, individual orders to self-quarantine (hereinafter collectively referred to as “any governmental order”) the parties are to discuss their family’s best methods to meet the requirements of the child(ren)’s school, remain with siblings if possible and be safe. If the regular timesharing and exchange can occur and be consistent with any government orders, then regular timesharing shall continue as Ordered by the Court and, if necessary, as further described above. If there is any governmental order issued that does not allow a parent or parents to move about the community freely, the parent with the majority of time sharing (183 overnights) shall keep the child(ren) until governmental order is lifted or a Court Order is entered. -The Court will have jurisdiction to consider all appropriate remedial measures, including make-up timesharing, upon the Court’s resumption of normal operations. The Parties should assume that any parent losing time because of the measures taken for COVID-19 will receive make up timesharing, and that the Court will sanction behavior that it deems unreasonable. Upon the lifting of any governmental order, the parties are to resume their regularly scheduled timesharing. This shall continue until the parties are able to secure hearing time with the Court in the interim. The parties are strongly encouraged to work cooperatively with each other, and if appropriate, voluntarily agree to make-up time sharing schedule as a result of any timesharing lost due to COVID-19 Timesharing Exchanges Both Administrative Orders require the parties to communicate with each other as required by any method established by order, parenting plan or agreement as to where the exchange of the children will currently take place if the original location was either school or day care center. There are specific nuisances which exist in each county’s order as to what happens when the parties cannot agree on the exchange location. -Miami Dade County Only: In the event, that the parties are unable to agree on an exchange location, then the parties shall file a motion with the Court, which shall be decided in accordance with any subsequent Administrative Orders related to Covid 19 procedures. -Broward County Only: In the event, that the parents cannot agree on an alternate exchange arrangement, the exchanges shall take place at the police station or sheriff’s office that tis located closest to the school or daycare. The closets police station or sheriff’s station shall be determined by the distance shown on Google Maps, Apple Maps or some other similar mapping program or website. Motions filed related to this subject will likely be ruled upon without hearing. Communications Between Parent and Children -All communications approved, ordered or agreed upon between the parties as set forth in their parenting plan should continue to be honored at minimum and the Courts stress a need to permit an increase in the parties communications plan with the other parent, particularly given the need the children will have to have more “regular and consistent contact” with the other parent to alleviate fears and concerns the children may be experiencing which also includes the use of video conferencing. -Unless otherwise ordered previously, video and phone contact should be not be monitored or interrupted by the co-parent or any other third party, unless there are specific Court Orders in place as to those issues.

Joint Custody Joint legal custody and joint physical custody. (That legislature has determined that a Court must consider Joint Custody first then make an ultimate determination based on the totality of the circumstances. The legislature's mandate is, practically speaking, toothless. That said, you have a right to your day in Court if you want Joint Custody rather than only visitation and the obligation of paying Child Support.) Joint Legal Custody Both parents have equal rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training.  The court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions. (It is very important to implement either Sole Legal Custody or specify which parent has the final decision authority on specific categories of issues. Think about it, these are two folks with a child together who, if they got along, would probably be together. Having one vote on one side and one vote on the other is asking for a stalemate.) Joint Physical Custody Physical custody is shared by the parents in a way that assures the child frequent and substantial contact with each parent. Joint physical custody does not necessarily mean physical custody of equal durations of time. (Note that last phrase. This may be crucial for fathers of young children who need to be around their mothers for nursing or other valid reasons at such a tender age.) Sole Legal Custody One parent has sole rights and responsibilities to make major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. (This is a strong option that doesn't get ordered very often. Mostly, you see Joint Legal Custody and perhaps some specification regarding final decisions in certain categories. If there's Sole Legal Custody in an order, that typically means the Court has taken a strongly adverse position to the side not awarded any Legal Custody. Sole Physical Custody One parent has sole physical custody and the other parent has rights of visitation except as otherwise provided by the court. (This is the proper term for what many mistakenly call "Primary Physical Custody." Many parents balk at the term Sole Physical Custody. That's understandable, but it's uninformed. The custody and visitation schedule in a court order has the force of law on both sides, custody AND visitation. If you have visitation, your time with your child is no less important in either a substantive or legal sense.)

Custody is Difficult, Especially If You Move Even after all the paperwork is filed and the divorce is final, custody can rear its head for as long as your children are growing up. This should not be something that bars you from your passions or dreams but it is something that needs to be considered when making big choices like moving out of state and especially out of the country. Permissions and Proofs It all comes down to permissions and proofs. As the California Judicial Branch’s website explains, it depends on whether your custody is sole or joint. Sole custody allows you greater freedoms when moving you and your children, as it falls on the other parent to appeal against it with some way of showing that the move would be harmful for the children’s well-being. In a joint custody situation, the burden flips and the parent doing the moving has to show that the move is in the children’s best interest. The Uniform Child Custody Jurisdiction and Enforcement Act USA law has homogenized statutes under the Uniform Child Custody Jurisdiction and Enforcement Act to make interstate moves and custody questions easier to work through, but international laws get into muddier waters. A sovereign nation is under no authority to honor a US custody agreement. It is not advised to embark to a new country without the proper paperwork and legal counsel–secured from either the parent remaining in California or a court judge that can make a custody ruling. For more in-depth information on this topic, we invite you to explore our website.

4 Factors Courts have identified four factors in determining the appropriateness of joint physical care 1) stability and continuity; 2) communication and respect; 3) the degree of conflict; and 4) agreement about child rearing practices. In re Marriage of Hanson, 733 N.W.2d 683, 696 – 99 (Iowa 2007). Stability and Continuity The first factor is the primary concern. Courts generally will not upset a child’s life if the baseline situation is working for the child in terms of emotional health, education, happiness, etc. We need to convince the court that what happened before the breakdown of the marriage was the baseline for this factor and that you were a 50/50 physical caretaker during the marriage. This is your most important goal in writing the affidavit, so make it the first paragraph. Communication and Respect The second factor is the only factor that could outweigh the first factor in my opinion. If you cannot communicate with your wife and respect her after the divorce, the Court probably will not agree that shared care worked during the marriage. Try to sell the court on you and your spouse being an effective co-parenting team during the marriage and there is no reason to believe that successful co-parenting can’t happen after the divorce. The Degree of Conflict The third factor could help either the first factor and cement the Court’s opinion that shared care is appropriate or join with the second factor and doom a request for shared care. Courts understand that divorce is a stressful experience, and at least some conflict is inherent in the adversarial system. Try to acknowledge that conflict briefly before reassuring the Court that the conflict between you is merely a result of the system. Finish by stating that you strongly support him/her in his/her role as your son/daughter’s father/mother. Agreement in Child Rearing Practices The fourth factor has mostly the same role as the third factor. The courts have never fully explained why they address the third and fourth factors as separate factors. Nevertheless, address the fourth factor separately and try to convince the Court you and your spouse have roughly the same parenting philosophy. Conclusion I generally encourage my clients to finish their temporary custody affidavits with a brief summary and an explicit request for relief. The tone should be respectful but strong requesting joint legal custody and shared physical care.

Time & Responsibility-Sharing Decisions are Based on the Best Interests of the Child Florida courts take a number of factors into consideration when determining how time and responsibility should be shared between two households. While custody disputes used to entail lengthy arguments over which party deserved to have the child more, based on their personal actions during and after the relationship-the primary focus of custody decisions is now centered around the best interests of the child, not necessarily the rights of the parent. When determining the best interests of a child a court may consider factors such as: Fitness of the parents Character and reputation of the parties Desire of the natural parents and any agreements between them Potential for maintaining natural family relations Preference of the child, when child is of sufficient age/capacity to form a rational judgment Material opportunities affecting the future life of the child Age/health/sex of the child Residences of the parents and opportunity for visitation This list is intended to provide a sampling of some “best interest” factors, but there are many more factors which can be taken into consideration. An experienced attorney can help you better understand and prepare for family court by advising you of all the factors Florida judges take into consideration. Detailed Co-Parenting Plans are the New Norm Cooperative parenting is viewed as more beneficial to children than competitive parenting. Cooperative parents work together in raising their child(ren), communicate regularly, establish consistency between homes, and make major decisions together. Co-parenting plans facilitate this type of parenting and Florida has made detailed parenting plans an essential part of any custody determination. A parenting plan is a written (and legally enforceable) agreement between both parents outlining their preferred time-sharing schedule (when the child will be with each parent) and how the parents will make decisions about the health, education, and welfare of the child. With a well-written plan, you, your child, and your ex will know what to expect so there can be fewer conflicts about time-sharing and decision-making.

Almost every time I have a consultation with a new client, there is confusion about custody. What I hear most often is that the client wants primary custody. In New Mexico there isn’t really any concept of “primary custody”. Instead, here in New Mexico, we divide custody into two components: legal custody and physical custody. Attorney Sean Ramirez provides an overview of custody issues in New Mexico.

10 TIPS TO HELP YOUR CHILD THROUGH DIVORCE Helping your child through your divorce may be one of the most difficult tasks you will ever face as a parent. The following is a brief list of practical tips that can help as you walk through this difficult time with your child. 1. Be honest. Don’t lead your child to believe “dads away on business” or “everything is going to be wonderful”. Children are very perceptive. They know if a parent is trying to hide something, even if the purpose is to spare their feelings. Children need simple straightforward answers they can understand, without blame or making anyone wrong or bad. 2. Let your child (ren) know it is not their fault. All children assume they may be responsible for their parents’ breakup. Children need to be gently reassured repeatedly over the first couple of years that the divorce is an adult decision having nothing to do with them or their behavior. 3. Listen quietly. Children have many questions, feelings, assumptions and concerns. About divorce. Many parents find it difficult to sit quietly and listen to their children talk without trying to interrupt with a “fix-it” statement. Children need to feel heard with quiet patience and undivided attention. 4. Let your child know however they respond to the divorce is o.k. Many children hide their feelings of sadness, grief, anger and confusion because they are afraid expressing these feelings will upset their parents. Children need to know all their feelings are acceptable. 5. Let your child know it is normal for them to want their parents to get back together again. Children can feel ashamed about this very normal wish. You can explain to your child that once divorced, it is very unlikely that people ever get back together, but their wish for reconciliation is very normal. 6. Reassure your child of personal safety. Many children are concerned that if their parents divorce there will not be enough food or shelter or clothing for them. Children living with single mothers may also need reassurance that she has a plan to protect them in case of fire, “burglars” or “ghosts”. 7. Ask your child about friends of theirs whose parents are divorced. This is a good way to learn of your child’s fears and assumptions about divorced parents, and gives you the opportunity to clear up any misconceptions and remind them that other children have gone through what they are now going through. 8. Don’t put your child in the middle or try to make them take sides. Don’t say anything about your ex in earshot of your child (ren). Don’t have your child (ren) carry messages to your ex. Children need to be able to love both parents. If one parent is disapproving of affection a child expresses toward the other parent, the child will begin to withdraw, become dishonest or depressed. 9. Spend time with caring friends. Having a supportive network can protect your child from becoming your confidant and feeling responsible for your emotional well-being. It can also give you a higher frustration-tolerance for the normal everyday things kids do. 10. Read together and talk about a book on divorce for children. This will help you explain important facts to your child (ren) and help your c CUSTODY AND VISITATION 1. Are there guidelines for child custody in Louisiana? Most parents realize that it is in their best interest and the best interest of their children if they can decide on custody and visitation without the help of the court. Leaving these issues up to the court creates an element of surprise that most people can live without. Louisiana does have Child Custody Guidelines that the court must consider if the parents are incapable of being rational with one another in making these very important decisions. 2. Does there need to be a custody agreement? Yes. This is not only for the benefit/protection of the parents, but it is in the best interest of the children as well. 3. When is custody decided? Normally unless there is a history of physical abuse the Court will order the parties to go to mediation to discuss custody arrangements. If the parties can not agree to anything the court will often enter a temporary order regarding custody giving one party domicillary custody and providing visitation for the other until a trial can be held. 4. What is Joint Custody? Joint custody means that both parents share the legal custody of their child and should try to work together to make decisions that affect the child’s life. 5. What is Domicilary Custody? Domiciliary custody is the parent that the child resides with the majority of the time. If there is a disagreement in a joint custody situation, it is the domiciliary parent whom the ultimate authority to make decisions rests with. 6. Can a visitation schedule be modified? Sure. Neither you, nor your former spouse, can tell what the future will hold. Things obviously change. Typically visitation schedules do change and can be done without the help of the court system. However, should it become necessary, the court will get involved and make a decision if a parent is being deprived of their visitation rights. 7. What do I do if my former spouse doesn’t follow the court order? Your former spouse can be ruled back into court and be found in contempt of court by the Judge. The penalties for contempt can range from having to pay a small fine to, in some cases, jail time. 8. What if my former spouse or I move out of state? Obviously this may drastically change any custody/visitation plan that is already in place, but there are provisions for this kind of thing. However, be aware that the Court’s foremost concern is not the convenience of the parents, but what is in the best interest of the child (ren). 9. Should I ask my child with whom he/she would want to live? This would put the child in a horrible situation. The worst thing a child must do is make a statement choosing the parent he or she would want to live with. In a lot of cases this must eventually be done, but if the child has not come forward, then a parent should probably not ask. 10. At what age can the child decide where they want to live? There is no set age in Louisiana. And although a child’s wishes are one of the factors that the Court can look at they are not the deciding factor. We all know 11 year olds that are going on 20 as well as 14 year olds that seem to be stuck at 10. Therefore how much weight is

Consider your Options In that situation, there are a few options you can consider. You can look for third parties to take care of your children when you're both unable to. Some people who you may want to ask include: - Grandparents - Aunts or uncles - Adult siblings of minor children - Local babysitters - Employers who may offer day care services - Schools and employees there who may have information on after-school programs for children whose parents are still working Think About This Example Here's an example: If you and your spouse work jobs from 9 a.m. to 5 p.m. but your children's school gets out at 3:30 p.m., you need someone to watch them for around two hours, so that you can have enough time to finish your work and pick them up. Schools sometimes have after-school programs that last for two or three hours, like a school club. While you're working, your children can go to this program and be monitored by school personnel until you can come to pick them up. Work Through the Gaps Another option would be to have the evening bus drop your children off at their grandparents' home or to have someone in the family pick them up. So long as you and your spouse agree on those involved in your children's lives, this could be a great way to work out gaps in the custody schedule.

Teens and Custody For example, if your child is a teen female, and she says she wants to live with her mother and spend weekends with her dad, then listening to her concerns and considering her preference is important. It is common for teens to want to stay with the parent of the same gender due to the issues they deal with in puberty and while growing more independent. Children and Custody In the case of younger children, it may make sense to split time with both parents. Sharing time 50-50 may not be possible due to work and other obligations, but sharing custody jointly is usually fair and gives both parents time with their child. Laws Dictate How Judges Can Order Custody and Visitation There are laws that state what a judge can and cannot do with a child's visitation and custody schedule. The judge must do what is in the best interests of the child. To determine what is best, the judge will look at how the parents interact with one another, their ability to get along and if there is a history of violence in the home. Considering Factors The judge also considers factors such as the age and health of the child, and the child's schooling, community ties and home life. Visit Our Site for More Information Our website has more information about custody and what you should consider when creating a parenting plan and custody schedule. If you and your child's other parent can work together, you both may be happier with the results.

Benefit to Children Psychologically, joint custody is a major benefit to children. However, parents need to be able to handle the nature of the arrangement. They must be able to work together to decide on how to raise their children, and they need to work to reduce conflict as much as possible. Physical Custody vs. Legal Custody Joint physical custody often comes with joint legal custody, but that's not always the case. Sometimes, parents share physical custody but not legal custody, which means that only one parent may have the right to make decisions for their children. For the most part, courts like to see parents share the responsibility of raising their children, including making decisions about their care and futures. Joint Custody Parenting Plan If you want to have a joint custody parenting plan, it's something to consider carefully. You and your ex-spouse will need to sit down and negotiate a custody schedule that takes into consideration your children's needs as well as your work schedules and other responsibilities. On top of this, you should discuss what you'd like to see happen when your children are in the other party's care. For example, do you want to have the same rules at each home? What standards will you hold your children to, and how will you enforce the other parent's rules when the children are with you? These are all things to mull over carefully. Help From an Attorney Your attorney can help you with a joint custody parenting plan and give you more information on custody options that are open to you.

What is Legal Custody? He also jokingly asked me how does one become the “best divorce attorney in Howard County?” I told him that Mulinazzi Law Office had won this award from the Howard Magazine three of the last four years but that the most important thing is to provide excellent customer service which includes answering random calls from old friends and helping them out – we agree that the call could be a “win-win” for both of us. When it came to his custody question, I started by telling him that Legal Custody is the authority to make the big decisions in his son’s life. The Courts usually recognize this to mean decisions about education, medical treatment, religious training, and extra-curricular activities. This does not mean day-to-day decisions like what doe she eat, wear, who does he play with, or what time he goes to bed (unless those decisions are relevant to medical treatment or a religious ritual). Types of legal custody decisions: I gave him a couple of examples. When/if his son needs special/GT education, tutoring, IEP or 504 Plan, special classes, or there is a question about public versus private schooling then the parent with the legal custody authority would make the decision. Another example is whether or not his son would get surgery. Some surgeries are elective and preventative like a tonsillectomy or removing wisdom teeth; whereas, other surgeries are recommended to speed up healing but not quite medically necessary. Recently more and more parents are deciding not to let their children play football or other sports that expose the child to risk of CTE. I noted that decisions regarding schools and activities sometimes simply come down to finances and that there is nothing wrong with saying “no” because those things are not a financial priority. In his situation the Judge ordered him to pay 70% of the cost for these extras and his ex was to pay 30%. He was worried that she would advocate for putting their son in expensive activities or camps since she didn’t have to pay much for it. I reminded him that she only earns 30% of the total income (which is why the cost was split that way) and therefore 30% is equally burdensome for her as the 70% cost is for him. Still, I warned him to be careful about setting a precedent of enrolling his son in very expensive sports (e.g. hockey or travel soccer) because it is likely that his son will never want to stop playing and sometimes each parent doesn’t want to be the “bad guy” who requires the child to stop the sport that s/he loves. After all, parents who are together have a difficult time making these decisions. So when parents are not together and have an acrimonious relationship, this makes co-parenting and joint decision making that much harder. I explained that usually there is a specialist adding her recommendation (a teacher, coach, pastor, dentist, etc.) and that parents usually follow that recommendation but the ultimate decision is up to the parent with legal custody. How to exercise your "tie breaker" authority? Technically and in the eyes of the Court, Joint Legal Custody with one parent having the "tie breaker" is the same as pure legal custody. However, when there is a deadlock the parent with the authority can break the deadlock and make the decision. It is important to do that the right way. With that said I told him that if he has the “tie breaker” authority he has a duty to ask his ex what she thinks about the issue, they should try to have a legitimate discussion, he should listen to her opinion and ask her the reasons for her opinion. He should consider her reasons and hopefully they will agree because that is always best for his son. I suggested that he put all of this into an email so he would (and I would) have it for later if things went bad. But if he does all of that in good faith, he may decide to exercise his “tie breaker” authority and make a decision that he feels is in his son’s best interests. He should explain his reasons, how his decision does or does not match with the expert’s recommendation, and thank her for her input. It is a power he should not exercise often but, in the end, he has the right to make the decision as long as it is in his son’s best interests.