Generation X, Joint Custody, Family Law and “The Divorce Generation”
Like the habits, practices and attitudes of the generations who came before us, children of divorce are shaped by their own life experiences. Even in South Florida, Nowhere is this truer than with children of 1970s and ’80s divorces – and how they handle issues of timesharing, joint custody and parental involvement. Now that they’re parents of young children, how has divorce affected Generation X – those Americans born between 1965 and 1980?
As youths, Gen Xers experienced a new type of divorce – where Dad may have been distant or part of a new family, Mom may have been disaffected, and both may have seemed detached as they tried to discover whom they would become.
The children? They often were an afterthought.
“Growing up, my brother and I were often left to our own devices, members of the giant flock of migrant latchkey kids in the 1970s and ’80s,” wrote Susan Gregory Thomas in her new book, “In Spite of Everything: A Memoir.”
In South Florida, Divorce and Alimony Guidelines Could Help Attorneys Counsel Clients
Imagine being the client of a divorce attorney, and the two of you are headed into a court hearing to determine temporary alimony. Much as your lawyer has tried to counsel you on what the court may decide, neither of you have any reasonable clue as to how the judge or magistrate may rule.
In Broward County Courts, the same set of facts in front of two different judges could yield two dramatically different results. Because of this, it is difficult to advise clients as to what they may be entitled to under Florida law.
One judge may say, “Maintain the status quo,” and order one spouse to pay the other for “living” expenses, including the mortgage, taxes, insurance and utilities, for example. This could include food, but what about entertainment or other “lifestyle” costs?
If only guidelines existed to determine what the breadwinning spouse would have to pay – and what the other may expect to receive…
The New York Times recently ran an op-ed piece entitled “Ending the Alimony Guessing Game.” In it, the writer discussed family law reforms in New York State, including how the state had “become one of the few states to adopt a formula for setting certain alimony awards, making them fairer and predictable.”
Fair and predictable – there’s a concept family law and divorce attorneys can rally around.
Miami Heat’s Dwyane Wade, Father’s Day and Timesharing Post-Divorce
While Dwyane Wade and the Miami Heat didn’t bring home the NBA hardware, this Fort Lauderdale family law attorney gives him a much more important and impressive award: “Father of the Year.”
The divorced father of two young boys, Wade recently wrote an article in Newsweek magazine discussing his successful effort to win sole custody of his sons.
The NBA superstar wrote, “I can’t say what we’ll do for Father’s Day, because since my sons came to live with me about two months ago, every day has been like Father’s Day. I just want people—men, and men of color in particular—to hear my story and know that their children need them and that it’s their responsibility to be there for them. We have to step up as men and do our part. There are no excuses.”
For any father, that’s an important message.
Other thoughts to keep in mind…
Divorce, Custody, Parental Illness and Children’s Need for ‘Normal’ Lives
Whether you’re a divorced parent in Fort Lauderdale facing custody issues, a South Florida family law attorney, or a casual observer, a recent article raised significant questions about custody, timesharing and illness.
In a bitter custody battle, a Chicago father convinced the court to grant him full custody of his two children because his wife, who lives in North Carolina, is fighting stage four breast cancer. The kids were to relocate — and leave their mother behind.
The article was enough to enrage some parents — and make others nod in agreement. In the story, the father argued the kids needed stability. The mother unsuccessfully argued that she herself was well enough to provide a stable home to the kids, ages 11 and 5. The wife is appealing.
South Florida Single Dads Exerting Their Rights for Custody, Timesharing
Across Weston, Fort Lauderdale and all of South Florida, dads of divorce, separation or other situations often find themselves fighting an uphill battle to gain time sharing or custody rights with their children.
It’s a battle that’s well worth it, as Miami Heat basketball star Dwyane Wade said, “You need to fight to be in your kids’ lives sometimes.”
South Florida family law attorney Barry I. Finkel is quoted in this South Florida Parenting story on the importance of fighting that battle — and the spoils of victory: the glory of time spent in children’s lives.
On the eve of Father’s Day 2011, make sure you live up to the spirit and meaning of the day.
South Florida Divorce, Family Law Firm Names New Associate
The Daily Business Review recently had a brief about The Law Offices of Barry I. Finkel P.A., a South Florida divorce and family law practice serving Fort Lauderdale, Miami, Boca Raton, Weston and all of southeast Florida, naming Jennifer B. Billings as an associate.
Billings had been a paralegal of the firm. She earned her a law degree from Nova Southeastern University and a bachelor’s degree from Florida Atlantic University.
South Florida Family Law Realities: One Take on Arnold Schwarzenegger, a Child of an Affair, and the Duty to Support
News of Arnold Schwarzenegger’s and Maria Shriver’s divorce caught many off guard. They seemed like a storybook couple. When word broke of his extra-marital affair, connecting the dots was much simpler.
Then, the potential complexities grew much deeper.
Putting aside the implications for Arnold’s and Maria’s young children (coping and recovery certainly will be tough for their kids), issues raised from this news include tricky paternity matters, including Arnold’s duty to support the child.
This includes how to establish true “paternity” – especially if the mother was married when she had the child, and if any husband (none the wiser regarding the child’s true lineage) treated the boy as his own. Much of this is unknown. As such, we’re speculating on a hypothetical situation.
The issue of “presumption of legitimacy” of a child of the marriage weighs large in most paternity cases. (more…)
Myths, Realities of South Florida “Do It Yourself Divorce”
The South Florida Sun-Sentinel recently had an article on the apparent rise in do-it-yourself divorces in Fort Lauderdale, Miami, Boca Raton and across South Florida. As family law attorneys and divorce lawyers who work with clients facing marriage separation and divorce every day, we believe the article offered some good insights and advice.
We believe readers need a little more insight regarding the realities of the “simplified divorce,” especially as the number of such divorces rises – almost doubling in Palm Beach County and up 20 percent in Broward County, the article notes. Overall, these make up about one in 10 divorce cases in the two counties, the paper reported.
A “simplified divorce” is a legal definition relating to a couple with no home and no children. They have nothing in common other than a marriage they want to dissolve. They might not even have joint banking accounts. It can be the simplest form of divorce. Add children or assets, and complexity grows in kind.
iPhone, Google Android Tracking: Implications for Family Law, Divorce Cases
Consumer advocates and technologists were all a’twitter when word leaked that Apple and Google had in their popular wireless phones applications that tracked users every move and location.
Another example of Big Brother’s incessant invasion of privacy via iPhones and Android, they protested.
Yet, what about couples in divorce? For divorce lawyers and family law attorneys, the implications are less dramatic.
