As October is Domestic Violence Awareness Month, it seems like an appropriate time to talk about some of the cases they handle, as well as some of the tell-tale signs of domestic violence.

Statistics about domestic violence in Florida

Photo by Ben Pollard.

In Florida, there are 42 certified domestic violence shelters, which operate 24 hours a day, offering services to those needing protection. In 2015, Florida Department of Law Enforcement reported that there were 107,666 incidences of domestic violence, leading to 66,276 arrests. The Florida Domestic Violence Hotline received 27,587 calls, and the 42 Florida domestic violence shelters housed 16,362 survivors and their children. Clearly domestic violence is a more common problem than some realize.

How to identify domestic violence

According to the Florida DCF, here are some questions you can use to find out whether you or someone you know is currently suffering domestic violence. Does the person in question:

• Isolate you from family and friends?
• Say things to insult you?
• Criticize your parenting skills?
• Take your money?
• Act as the primary decision-maker?
• Prevent you from developing your career?
• Physically harm you or threaten you with weapons?
• Threaten to commit suicide?
• Act like the way he/she treats you is your fault or you are over-exaggerating?
• Threaten to hurt your pets?

All of those can be signs of potential domestic violence, and if you or someone you know can say yes to any of those questions, it is worth getting in touch with someone who can help. Calling any of the hotlines on the Florida DCF’s web page can be a good place to start, as well as talking to a family law attorney in order to get an order of protection.

The most important thing is keeping yourself and those dependent on you safe, so make sure that you take every possible precaution to do so.

Source: https://www.myflfamilies.com/press-release/dcf-joins-florida-coalition-against-domestic-violence-recognize-domestic-violence

Can my Child Testify?

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There is no clear-cut answer for this question. The answer depends on the state the divorce is taking place in, the exceptions the judge will make, and the age/intelligence/understanding of the child(ren). For instance, Florida has a rule regarding family law cases that says children cannot attend or be a witness at a hearing unless the court actually entered an order that allows the child to attend. In these cases, no child should even be in the courtroom, let alone testifying as to which parent is better or which house she’d like to live in. However, as every case is different, the judge can always make an exception on a case-by-case occassion. In the cases where an exception is made, or an order for the child’s testimony is made, the judge will then base his decision on the intelligence level of the child, his or her understanding of the weight of their decision, and the age of the child. In many divorce cases, there must be a unique and good reason for the child to be asked to testify.

Guardian ad Litem’s Role

Because children are rarely given the opportunity to testify in their parents’ child custody case, the courts bring in what is known as a Guardian ad Litem. The GAL’s sole purpose is to guide the court through the decision of what is in the child’s best interest. The child can talk directly with the GAL, and the GAL often visits the home(s) of the child. Then, the GAL can act as the advocate of the child and inform the court on the best interest of the child without needing to cause any unnecessary trauma for the child by making them testify in front of their parents.

If you are entering or involved in a child custody case, give us a call today. Having an experienced attorney on your side helps you better navigate the complicated web of divorce.

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The biggest alteration HB-455 proposes is to eliminate permanent alimony altogether, including durational and rehabilitative alimonies. Further, the bill offers a formula for judges that would offer ranges for awarding alimony based on the income of the spouses, along with the duration of their marriage. Thus, longer marriages would lead to higher alimony, while marriages lasting under 2 years would result in no alimony. As another facet of ending permanent alimony, the bill would allow judges to modify or end alimony if the one who is receiving alimony receives a substantial increase income or if the ex-spouse paying alimony retires.

In order to aid in the elimination of permanent alimony, HB-455 proposes alimony and child support should be capped at 55% of the spouse’s income.

The overall goal of HB-455 is to reduce headaches that occur with alimony litigations in the divorce process, according to supporters of the bill.

Original article posted by the Herald Tribune

1. Parents’ ability to provide:
   • Parent’s mental state
   • 

     Photo by Stuart Miles.

     Parent’s moral status

   • Parent’s involvement in child’s life
   • Parent’s ability to meet child’s developmental needs
   • Parent’s ability to divide up responsibility with other parent
2. Providing a stable home for child by
   • Maintaining continuity
   • Ensuring permanence of the home the child will go to
   • Establishing there is a love and affectionate ties between the child and parent
   • Maintaining a lack of domestic violence
   • Aligning with the child’s history regarding school and home
3. How accommodating the parent will be with the court ruling regarding
   • Cooperation and contact with the other parent
   • Accommodation of any changes that may take place
   • Honoring the established time-sharing schedule

Again, every case is different. These are just some of the factors that may go into determining child custody if the case goes to court.

You should always ensure an experienced attorney is on your side to abide by all laws and have your best interest in mind.