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Family Law – On Cruise-Holmes Divorce Writer Offers Interesting Thoughts

The author of the Custody Calculations blog has interesting thoughts on the pending Tom Cruise and Katie Holmes divorce.  The author notes that Ms. Holmes is aggressively seeking sole custody of the children because with respect to Tom Cruise, the best predictor of future behavior is past behavior.  The author claims that in Cruise’s divorce from Nicole Kidman, he managed to gain the upper hand in the custody battle and effectively keep Kidman from seeing the children.  Now that the Cruise-Kidman children are adults, the author notes that you will not find the children photographed with their mother.  The author suggests that Holmes’ aggressive stance is necessary if she wants to have a future with her children.

A link to the Custody Calculations blog can be found here: Everyone is Going To Have Something to Say; TomKat Divorce.

 
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Posted by on July 9, 2012 in Uncategorized

 

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Family Law: Tampa Judge Denies Mother and Step-Dad’s Request to Relocate Family to England

A couple of days ago, the Tampa Bay Times highlighted an interesting story regarding child custody and visitation.  This story begins with the divorce of a couple.  The children are in their early teens and living with their mom.  Although the mom has primary custody (or in today’s terminology majority time-sharing parent) the dad is very active in the lives of his children.

Next, the mom marries a man who is in the military.  This man turns out to be a really great step-dad.  He even has a cordial relationship with the children’s father.   Professionally, the step-dad is really good at what he does.  He is a Green Beret colonel assigned to Special Operations Command.  The Army wants to send him to a coveted assignment for three years in England.  There is one problem.  He will not go to England without his new family.

In Florida, when relocation becomes an issue, the first step is to see whether the parents can reach an agreement on the relocation.  In this case, the proposal advanced to the dad was the kids would spend school time in England with their mom and step-dad and summers with their dad.  Their dad was not willing to concede.  He felt that he would miss significant portions of his children’s lives.

Because the families could not agree, they took their dispute to court.  Some of the factors that a court would consider in a request for relocation include the following:  1) The relative strength, nature, quality, extent of involvement and stability of the child’s relationship with each parent, siblings and other significant people; 2) Any prior agreements between the parents; 3) The intent and good faith of each person in seeking or opposing the move; 4) Whether there’s a pattern of conduct by the relocating parent that’s meant to improve or harm the non-relocating parent’s relationship with the child; 5) The child’s age, maturity and needs; 6) How much moving, or not moving, will impact the child’s physical, educational and emotional development and relationships with both parents; 7) The quality of life, resources and opportunities available to the child and the relocating parent in the current and new locations; 8) Any alternative arrangements that would help the child maintain a relationship with the other parent; 9) Whether it’s possible and desirable for the other parent to relocate at the same time; 10) The financial impact and logistics of allowing or stopping the relocation; 11)The child’s preference, taking into consideration the age and maturity of the child

Tampa Judge Daniel Sleet denied the petition to relocate.  Judge Sleet ruled that “The evidence demonstrates that both children are very comfortable in their present environment . . .The idea of moving to Europe may be appealing to adolescents, but the reality of uprooting to another continent can be traumatic.”

Confronted with this decision, the colonel declined the assignment to England.  You have to admire someone who decided to put his new family ahead of advancing his career.

While there are circumstances that will allow for the relocation of children with the majority time-sharing parent, this ruling highlights the difficulty involved in persuading a court that relocation could be in the best interest of a child.

Source: Judge Says SOCOM Officer Can’t Take Step-kids to London

 
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Posted by on May 9, 2012 in Uncategorized

 

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Research on Shared Parenting After Divorce

This is an interesting article on shared parenting after the divorce.  Whenever children are involved, two parents who in many cases dislike each other intensely, must work together to raise their children to become responsible adults.  This article discusses some research that our cousins across the pond have done on the subject matter.

Among other things the writer notes that the parties usually work out a parenting plan without having to take the case to trial. The writer continues to note that the individuals who end up going to trial are usually back in court at a later date.  In other words, their lack of cooperation during the course of the divorce litigation will most likely continue in the post-trial phase.

For the complete text of the post go to: Shared Parenting After the Divorce What the Research Says.

If you have specific questions on time-sharing, parenting plans, or other family law questions, be sure to call me (Rich) at (813) 413-2402.

 
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Posted by on May 2, 2012 in Uncategorized

 

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Child Support Problems in the State of Florida

Today, the Tampa Tribune reported that the there are problems with delays in child support payments for many recipients in the State ofFlorida.  This problem is affecting both those who are waiting for the payments, usually the mother, and those making the payments, usually the father.  For example, a father may have made $1000 payments in child support within the last month or so. The mother, however, may have received only $25.00 from the State. This harms both parties because the father in this situation looks like a deadbeat dad and the mother will experience difficulty paying her bills.  The Tampa Tribune story reads as follows:

Bonnie Step hadn’t received a child-support payment for months.

But she wasn’t angry at her ex-husband over the $2,300 she was owed. Instead, she blamed the state ofFlorida, which is collecting $684 from him every month.

The Florida Department of Revenue has heard similar complaints from others since the child-support disbursement unit began revamping its computer system, which keeps track of more than $1 billion in payments and payouts.

Department officials say the complaints represent less than 1 percent of the child-support cases it handles. But that means little to those who aren’t getting their payments even though ex-spouses are holding up their ends of the court-ordered agreements.

(Story Continued Here)

For answers to your child support or family law questions, please call Rich Bradford at (813) 413-2402.

 

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Posted by on March 5, 2012 in Uncategorized

 

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