CHILD CUSTODY
I. THE COURT ERRED IN GRANTING EQUAL TIMESHARING WITH FATHER.
Child Custody is regulated by §61.13, Fla. Stat. Under §61.13(3), Fla. Stat. are listed the factors that the court should consider in granting custody in a child custody presiding and the relevant factors in this case are: The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship ..., The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity, the geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan, the demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime, evidence of domestic violence, and the demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities. Moreover, §61.13 (c) provides that despite of whether or not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence, the court shall consider evidence of domestic violence or child abuse as evidence of detriment to the child. Florida §39.806 (c), Fla. Stat. establishes the grounds for termination of parental right when the parent engaged in conduct toward the child which demonstrates that the continuing involvement of the parent in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional health of the child irrespective of the provision of services. In this case, it is our client’s position that timesharing with the father, other than every other weekend and holidays is not in the best interest of the children and would be detrimental to the children. The children have lived in a stable, yet humble, but satisfactory environment for a period of approximately six (6) months and the Carla desires to maintain continuity. Mrs. Forte was the primary care giver of the children, while Mr. Forte was working long hours to advance his career as a lawyer. She was the one who took the children to school, drove them to soccer practice and music lessons, and made sure they did their homework. Mr. Forte, who often worked late. Mrs. Forte is still the primary care giver and, until today, still provides the children with the same level of attention and stability that she has always provided. Timesharing is not geographically viable. Mr. Forte lives at 15216 SW 119 terrace, Miami, FL. 33196 and the children are currently going to Elementary Sunshine Elementary school, located at 7737 La Salle Blvd, Miramar, FL 33023. Mr. Forte is a single guy with no support from any other person but himself. Giving Mr. Forte additional time with the kids would represent that the children would have to wake at 5:00 AM every day, so that they can be ready to leave by 7:00 AM to be at school by 8:00 AM, considering a traveling time of 45 minutes without traffic. Moreover, Mr. …show more content…
During the therapy sessions, it was revealed that Julio had told the children that homosexual relationships were crimes against nature, and that if Carla did not end her affair and confess, she could go to Hell. Not only is Julio violent and dangerous against Carla, but he represents a serious threat to the mental and emotional health of the children. Therefore, it will be detrimental for the children to have time sharing with Julio, other than every other weekend and holidays as reflected in our parenting plan. Nevertheless, if other determination was to be made, the court should have ordered a psychological evaluation of the possible psychological detriment to the children.
CHILD SUPPORT
I. THE COURT CORRECTLY DETERMINED THAT IN CALCULATING CHILD SUPPORT, THE CONTRIBUTIONS OF THE MOTHER’S SENTIMENTAL PARTNER SHOULD NOT BE CONSIDERED INCOME SUBJECT TO CHILD SUPPORT CALCULATION.
Child support calculation are governed by §61.302, Fla. Stat. This statute in §61.302, Fla. Stat. (a)(13) states in pertinent part that gross income shall include “Reimbursed expenses or in kind payments to the extent that they reduce living
I. THE COURT ERRED IN GRANTING EQUAL TIMESHARING WITH FATHER.
Child Custody is regulated by §61.13, Fla. Stat. Under §61.13(3), Fla. Stat. are listed the factors that the court should consider in granting custody in a child custody presiding and the relevant factors in this case are: The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship ..., The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity, the geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan, the demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime, evidence of domestic violence, and the demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities. Moreover, §61.13 (c) provides that despite of whether or not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence, the court shall consider evidence of domestic violence or child abuse as evidence of detriment to the child. Florida §39.806 (c), Fla. Stat. establishes the grounds for termination of parental right when the parent engaged in conduct toward the child which demonstrates that the continuing involvement of the parent in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional health of the child irrespective of the provision of services. In this case, it is our client’s position that timesharing with the father, other than every other weekend and holidays is not in the best interest of the children and would be detrimental to the children. The children have lived in a stable, yet humble, but satisfactory environment for a period of approximately six (6) months and the Carla desires to maintain continuity. Mrs. Forte was the primary care giver of the children, while Mr. Forte was working long hours to advance his career as a lawyer. She was the one who took the children to school, drove them to soccer practice and music lessons, and made sure they did their homework. Mr. Forte, who often worked late. Mrs. Forte is still the primary care giver and, until today, still provides the children with the same level of attention and stability that she has always provided. Timesharing is not geographically viable. Mr. Forte lives at 15216 SW 119 terrace, Miami, FL. 33196 and the children are currently going to Elementary Sunshine Elementary school, located at 7737 La Salle Blvd, Miramar, FL 33023. Mr. Forte is a single guy with no support from any other person but himself. Giving Mr. Forte additional time with the kids would represent that the children would have to wake at 5:00 AM every day, so that they can be ready to leave by 7:00 AM to be at school by 8:00 AM, considering a traveling time of 45 minutes without traffic. Moreover, Mr. …show more content…
During the therapy sessions, it was revealed that Julio had told the children that homosexual relationships were crimes against nature, and that if Carla did not end her affair and confess, she could go to Hell. Not only is Julio violent and dangerous against Carla, but he represents a serious threat to the mental and emotional health of the children. Therefore, it will be detrimental for the children to have time sharing with Julio, other than every other weekend and holidays as reflected in our parenting plan. Nevertheless, if other determination was to be made, the court should have ordered a psychological evaluation of the possible psychological detriment to the children.
CHILD SUPPORT
I. THE COURT CORRECTLY DETERMINED THAT IN CALCULATING CHILD SUPPORT, THE CONTRIBUTIONS OF THE MOTHER’S SENTIMENTAL PARTNER SHOULD NOT BE CONSIDERED INCOME SUBJECT TO CHILD SUPPORT CALCULATION.
Child support calculation are governed by §61.302, Fla. Stat. This statute in §61.302, Fla. Stat. (a)(13) states in pertinent part that gross income shall include “Reimbursed expenses or in kind payments to the extent that they reduce living