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Orlando Custody & Visitation Law Blog

Florida bill would deny child custody rights to rapists

Recently the Florida State Senate Criminal Justice committee unanimously approved a bill which precludes a convicted rapist from having any child custody rights with respect to a child conceived as the result of rape or any act of sexual battery. All parental rights, such as visitation and custody rights, would be cut off.

Florida is not the first state to have approved such a bill. Nearly 19 states have similar laws terminating parental rights when a child is born as the result of an incestuous act or sexual assault. In fact, a federal appeals court noted that the Constitution of the United States does not prohibit states from penalizing a father for his illicit conduct by not granting the man parental rights.

Mother and grandparents' battle over visitation with child

According to reports, a Florida mother who is in a visitation battle with her in-laws in Illinois may be arrested and even extradited to Illinois where she is in danger of facing some serious charges.

The woman's saga began when her husband was murdered by her grandmother sometime in 2008. Since then she has been in a visitation battle with her daughter's paternal grandparents over visitation. The grandparents' have being fighting to see their granddaughter, but despite a court order ordering her to send the 5-year-old to Illinois to visit them, the Florida woman refuses to do so. As a result, she has spent nearly six months in jail.

Florida legislature considering marriage handbooks

Getting a divorce is never an easy decision to make. Yet, when things are tough and the married couple is unhappy, separation seems like the only solution. This is often why, at least for some couples, when the split finally occurs, the decision to divorce is considered a truly good one. In spite of all the complicated questions involved in separation such as child custody, property division and alimony issues, breaking away from an unhappy marriage is often the only way to find happiness again.

Some Florida lawmakers however are dissatisfied with Florida's higher than average divorce rate. The complaint is certainly understood. We all would prefer to stay with our intended life partner for life. Yet, things do happen which often require separation. Yet, the lawmakers think they can assist by putting together a marriage book. They have proposed a bill which would create a marriage handbook, to be distributed to all newly married couples in the state when they apply for a marriage license.

Mother denied visitation rights with 3-year-old son

According to reports a 23-year-old woman who was on the run from authorities was arrested at Universal Studios in Florida sometime in November 2012 for child endangerment, is seeking scheduled visitation with her son. Apparently even after the woman's 27-year-old boyfriend hit the boy in head hard enough to cause brain injury and, burnt his wrist and finger, the woman did not seek any medical treatment for the 3-year-old.

The woman recently requested scheduled visits with her son but, the presiding judge denied her request. However, she has been allowed to write to him. Florida parents in the middle of child custody and parenting time issues understand that heartache of not being able to see one's child. However, in certain cases, such as the case above, in the best interest of the child, visitation with the parent may not be appropriate.

Florida family law versus foreign law

People come from all walks for life and from all over the world in the United States. Some follow their traditional, cultural and religious practices. However, there are times, particularly when it comes to family law, when religious law pertaining to divorce may conflicts with family law. Floridians will find it interesting to learn that according to reports, the Florida state legislature is attempting to pass a 'foreign law' bill which in essences bans courts and other legal authorities from using religious or foreign law as part of a legal decision when it comes to family law issues.

In essence, when it comes to issues such as property division, child custody and support, spousal maintenance and divorce, Florida law will take precedence over 'foreign law'. However, Jewish organizations, Islamic organizations and the ACLU have opposed the bill. These organizations state that the bill is discriminatory and targets communities. A supporter of the bill, on the other hand state that it is aimed at preventing a potential problem in the Floridian family court system. The bill was approved by the Senate Judiciary Committee but it has many more committees to go through. The same bill passed the State House last year but died in the State Senate

Michael Jordan sued for child support

Florida residents who are fans of basketball and familiar with basketball legend Michael Jordan, who played for the Chicago Bulls, will find it interesting to learn nearly 17 years later a woman is suing Jordan for child support.

According to reports, the woman allegedly had an affair with Jordan sometime in 1995 which resulted in the birth of a boy in June of 1996. In addition to the boy having Jordan's last name, she wants full child custody and support. The woman filed a paternity claim recently and also wants Jordan to pay for the teens medical expenses.

U.S. Supreme Court rules on international child custody dispute

Children in a relationship are important to both parents. However, occasionally when a relationship involves a parent who is a foreign national, the issue of child custody and visitation can get complex.

Florida parents in child custody and visitation disputes may find it consoling to learn that in an international child custody dispute, the U.S. Supreme Court ruled in favor of an American father whose now six year old daughter has been residing with her mother in Scotland for the past three years.

Florida businessman wrongly accused of not paying child support

A Miami-Dade judge has ordered both prosecutors and the ex-wife of a Miami businessman to pay $7645 each in legal fees for wrongly accusing the Miami businessman of owing child support.

The Miami businessman and his wife were involved in a bitter divorce and have a 6-year-old son together. In 2010, his ex-wife approached the State's Attorney's Office and filed a sworn affidavit which alleged that her ex-husband was late on his child support payments. It was later found through other filed documents that the affidavit was wrong. Despite this fact, prosecutors proceeded with the case and reported it to the Florida Department of Revenue. Further, in Tallahassee, any non-custodial parent who has arrears greater than $2,500 is automatically reported to the U.S. Depart of State and the department freezes the person's passport if one exists.

Florida judge grants sperm donor visitation rights

In the 21st century, as the definition of marriage and family evolve, innovative medical technologies also make it possible for, not only infertile couples, but also same-sex couples to have children. Under his paradigm, traditional family law issues such as child custody, visitation and a father's legal rights may get more complex.

Florida residents will find it interesting to learn that a Miami-Dade circuit judge has allowed the sperm donor, in addition to the married lesbian couple who used the man's sperm to conceive, to be listed on the birth certificate of their 23-month-old infant daughter. Apparently the lesbian couple and the man entered a verbal agreement where the man agreed to donate his sperm, but the man notes that the couple wanted a father, not just the sperm. After a child was conceived, the couple planned to have one woman adopt the baby, but the couple would raise the child together, and they asked the man to give up his rights. He declined.

Florida woman violates custody order by keeping child from father

When parents decide to go their separate ways, any children from the relationship may get caught in the tug-of-war of custody between the parents. During child custody proceedings, emotions may run high and even the most rational mind may make irrational decisions.

According to authorities, a 35-year-old Broward County woman violated a court-ordered custody order by taking her 10-year-old daughter to the Dominican Republic and keeping the girl away from her father for more than a year. In 2011, a judge had awarded primary custody to the father and ordered the woman to pay child support. The judge noted that the woman failed to provide stability for the child, kept uprooting the child by moving, and was isolating the child from her father. In the best interest of the child, the court gave the father primary custody but recommended that the parents share custody of the child.

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