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Fort Lauderdale Family Law: Miami Heat Player Dwyane Wade’s Request to Suspend Ex’s Visitation Highlights Importance of Keeping Kids Separate from Disagreements

As the Miami Heat battles the Oklahoma City Thunder in the NBA Finals, South Florida divorce lawyers and family law attorneys are watching as star player Dwyane Wade endures personal battles of his own.

Wade is seeking to suspend ex-wife Siohvaughn Funches-Wade’s visitation with their 5- and 10-year-old boys after she was charged with two counts of attempted child abduction, two counts of unlawful
visitation interference and one count of resisting arrest – all related to her delay in returning the children to their father.

The incident began this weekend when she delayed their sons’ return to Miami to be with their father for Father’s Day, according to news reports. The boys eventually were flown home via private jet
chartered by Wade. The Wades were divorced in 2010. He was awarded custody in 2011 and her appeal was denied.

“Once again, [Siohvaughn Funches-Wade] has used our minor children as the proverbial pawns in this contentious dissolution of marriage action,” Wade wrote in his filing, according to news reports. “The minor children have been subjected to great deal of drama/trauma as a result of [her] conduct.”

Mr. Wade is right: Children should not be used as pawns in separation, divorce or ongoing matters. It’s usually a violation of a court order to do so. In Florida, custody agreements called Parenting Plans become the order of the court once the judge signs off and enters a Final Judgment adopting and ratifying same.

Parents who don’t follow the agreement may be held in contempt of court and risk paying the other party’s attorney’s fees and costs or – as in Ms. Funches-Wade’s case – incarceration.

Simply put – denying the other parent his or her regular timesharing or failing to return the children at the specified time is disfavored by the court. Judges often look at that type of behavior and determine that the parent denying timesharing or failing to return the kids is attempting to alienate the children from the other parent. This is never permissible and is strongly frowned upon.

Be reasonable. Discuss your preferences or requested changes. If your ex is – in your opinion – being unreasonable, seek to re-open the parenting plan.

It might be expensive – but less than being arrested
and hiring a defense attorney.

Divorce Newsfeed

- March 14, 2013 - Bill Moves Forward That Would End Permanent Alimony A bill that would eliminate “permanent alimony” in Florida passed through a state House committee Thursday, and its next stop is the House floor. State Rep. Ritch Workman, R-Republican, the bill’s sponsor, said this would alter family law to reflect an evolving American culture. He said the statutes should portray the country’s cultural shifts.

- January 11, 2013 - Losing Friends During Divorce - Or Not Divorce stirs up all kinds of emotions in people. Some people base their feelings on their relationship with the couple divorcing. Perhaps others base it on their own experience with divorce themselves or as a child. That's all understandable. It's was the friends that took my divorce personally that surprised me the most. We were a group of five couples that did many things together. We vacationed together, we had girls trips, play dates with the kids and all the fun things people do together with their families and friends. It was all of that until my divorce upset the party.

- December 18, 2012  - Divorce And Affairs: Does Cheating Cost You In A Divorce? NEW YORK, Dec 18 (Reuters) - Cheating spouses are constantly in the headlines, one of the latest involving former Central Intelligence Agency director David Petraeus. While there seems to be an endless appetite for stories about infidelity involving celebrities or those in the halls of power, in most cases divorce courts couldn't care less. The price tags on affairs that blow up a marriage come out of negotiated settlements. This is because in states with no-fault divorce laws - which allow people to divorce without having to document specific reasons the marriage went south - courts aren't looking for blame. So affairs and other disasters of the heart don't matter.

- December 5, 2012  - When Couples Divorce But Still Run a Business Together Given a 2007 Census Bureau estimate that about 3.7 million businesses are owned by a husband and a wife and given the high rate of divorce, divorced couples running a business is quite common. This small-business guide offers suggestions on making the best of a difficult situation.

- November 25, 2012  - Change Permanent Alimony Say you married your high school sweetheart, and he or she stayed home to raise the kids. Now 20 years later, you've grown apart and gotten divorced. Along with a fair distribution of your lifetime savings, you'd probably agree that it's fair to pay alimony for a good number of years to help your former spouse find his or her way in the next chapter of life. But should you be forced to pay alimony for the rest of your life?

- November 18, 2012  - Huffington Post Divorce Section Visit the Huffington Post's Divorce Section online to read the latest news, trends, business and legal updates regarding divorce in America.

- November 11, 2012  - Florida Group Pushes For More Alimony Reform Debbie Leff Israel, the Weston woman who helped start the Florida Second Wives Club, won’t marry her fiancée because her salary can be used to recalculate what he pays to support his ex-wife. Alan Frisher, a Brevard County financial advisor, was ordered to pay his former wife permanent alimony in 2003 when the couple divorced, a ruling he considers “abusive and unjust.” The two are unlikely allies in a fight for alimony reform in Florida.

- August 14, 2012  - Evelyn Lozada Files for Divorce From Chad Johnson The honeymoon is officially over. Evelyn Lozada has filed for divorce from Chad Johnson, TMZ first reported. The two were married in a lavish ceremony July 4 in front of cameras for their now defunct VH1 reality show, Ev and Ocho. The network pulled the plug after Johnson’s weekend arrest for domestic abuse. In legal documents, Lozada claims the marriage is “irretrievably broken.” The ex couple allegedly had a fight after she spotted a receipt for condoms in their Smart Car.

- August 3, 2012 - TMZ: Stevie Wonder Files for Divorce from Kai Morris TMZ reported Stevie Wonder has filed for divorce. In the divorce docs obtained by the media outlet, the music icon cites irreconcilable differences. According to the papers, Wonder has been separated from wife Kai Millard Morris since October 2009. Wonder filed the divorce papers using his legal name, Stevland Morris, and signed with two fingerprints. In the docs, filed by disso-queen Laura Wasser, Wonder asks for joint custody of the couple's two boys, ages 10 and 7. In the docs, Wonder agrees to pay both spousal and child support. Although Wonder amassed his fortune long before he tied the knot with Kai back in 2001, some assets will be split, though the papers indicate the amount has yet to be determined, TMZ reported.

- July 25, 2012 - Divorce Hotel: Check in Married, Leave Single Quick split in splendor? New business venture promises couples a clean and easy split in one weekend.

- June 29, 2012 - Tom Cruise, Katie Holmes Divorcing After Five Years of Marriage "Rock of Ages" star Tom Cruise and his wife Katie Holmes are divorcing after five years of marriage, according to a report from People magazine. Cruise, 49, and Holmes, 33, were married at an Italian castle in the fall of 2006 after a whirlwind romance that garnered major headlines for both stars.

- Chicago Tribune - June 27, 2012 - Rielle Hunter Says She Has Split With John Edwards NEW YORK (Reuters) - Rielle Hunter, the woman who had an affair with former U.S. Senator John Edwards during his U.S. presidential bid, said on Tuesday that she was no longer in a relationship with him. In an interview to promote her tell-all memoir, Hunter, 48, told ABC's "Good Morning America" that she and Edwards had split, but would continue to see each other as they share parenting duties of their now 4-year-old daughter, Frances Quinn Hunter.

- Palm Beach Post - June 26, 2012 - Missing Oil Tycoon's Wife Wanted Divorce NEW YORK (Reuters) - The mother of a 35-year-old missing oil tycoon alleges Jamie Aguiar told her son she wanted a divorce shortly before he disappeared. Guma Aguiar's boat washed ashore in Fort Lauderdale last week with its engine still running. Police found no blood on the boat and no evidence of foul play. His mother, Ellen Aguiar, filed court documents to gain control of her son's nearly $100 million estate while rescuers were still searching the water for his body.

- Reuters – May 10, 2012 - Divorce Courts Mirror Society as More Women Pay Alimony Tables have turned in U.S. divorce courts with more women paying their former husbands alimony and child support than ever before, according to U.S. lawyers. As women climb higher up the career ladder and outpace their exes in salary, when love goes wrong and marriages break up they are being compelled to contribute to the livelihood of their former spouses..

- Action News Jacksonville – March 1, 2012 - Alimony Outrage: Demanding Changes in Tallahassee Many Florida citizens who pay alimony say they are victims of Florida’s alimony laws. Under the current laws, there are 6 types of alimony awards. Most of them are temporary, the purpose of which is to aid in the transition from married to single life. But it’s permanent alimony—due every month until the payer dies—that has so many people outraged. It doesn’t end when someone retires, or becomes disabled. It doesn’t end when the ex-spouse meets someone new, or evenmoves in with someone new. And sometimes, it’s awarded in cases that seem to go against common sense.

- The New York Times – March 1, 2012 - More Americans Rejecting Marriage at 50 – And Beyond A growing number of baby boomers are venturing into old age on their own, a shift that is changing the traditional portrait of older Americans. Over the past 20 years, the divorce rate among baby boomers has surged by more than 50 percent. At the same time, more adults are remaining single. The shift is changing the traditional portrait of older Americans: About a third of adults ages 46 through 64 were divorced, separated or had never been married in 2010, compared with 13 percent in 1970. Sociologists expect those numbers to rise sharply in coming decades as younger people, who have far lower rates of marriage than their elders, move into middle age.

- Daily Mail – January 1, 2012 - Russell Brand and Katy Perry Split After 'She Put Fame Ahead of Children' Russell Brand’s marriage to Katy Perry collapsed as he became exasperated over her refusal to put her career on hold to start a family, it was revealed yesterday.

- MSNBC – Tallahassee, Florida – December 7, 2011 - Members of Florida Alimony Reform Group Tell Their Personal Stories of Hardship and Unfair Treatment to Florida's House Civil Justice Subcommittee More than a dozen members of Florida Alimony Reform (FAR) testified in favor of a bill that would update Florida's antiquated alimony laws. FAR members spoke movingly before the House Civil Justice Subcommittee about the extraordinary hardships they endure paying permanent lifetime alimony that does not end even at retirement, even when payers are disabled or forced to retire by age.

LA Times – Los Angeles, California – October 31, 2011 - Kim Kardashian, Kris Humphries: What Factors Led to Divorce? As extravagant as the wedding was and as public as the divorce has already become, Kim and Kris would not be the first celebrity couple to call it quits so soon after tying the knot.

- The Miami Herald – Miami, Florida – June 6, 2011 - Websites help divorced couples manage child custody and communication — minus the animosity over the past several years, a spate of high-tech websites are helping fractured families manage their lives in cyberspace, without ever having to raise a voice or pay a lawyer. Divorce mediators say the websites add efficiency and eliminate the emotion that continues long after the legal war is over.

- The Sun-Sentinel – Fort Lauderdale, Florida – May 5, 2010 - Angela Neave Co-Chairs Legal Aid Service of Broward County Annual Fundraiser on May 14 “You've Been Served" is the theme for Legal Aid Service of Broward County's 9th Annual "For the Public Good" celebrating 36 years of securing justice and changing lives. The event committee co-chairperson is Angela Renee Neave, Esq., of the Law Offices of Barry I. Finkel, P.A. The event will take place at the Hilton Fort Lauderdale Marina located on 1881 SE 17th Street Causeway on May 14. The event begins at 6 p.m. with cocktails and silent auction followed by dinner and awards.

- The Huffington Post – February 28, 2010 - Committing Adultery? You Could Go to Jail So, did you notice what I noticed as Tiger Woods delivered his 14 minute nationally televised mea culpa last week? While he was busy admitting, "I was unfaithful. I had affairs. I cheated ..." What jumped out at me was what Tiger didn't mention. He confessed he'd broken the law. Adultery is a crime. I know that sounds odd and old fashioned. But the truth is that more than 20 states, including Florida where Wood's keeps his primary residence, still have laws on the books against cheating on your spouse.

- The Tampa Tribune / Tampa, FL – February 18, 2010 - Facebook Plus Divorce Equals Flammable Situation If eHarmony is the Web site bringing lovebirds to the threshold of marriage, Facebook is the one showing up for the divorce. The world's most popular social media site is revolutionizing the divorce experience, pouring toxin into virtually every stage of a collapsing marriage and rekindling old flames into blazing affairs.

- USAToday – January 19, 2010 - Marriage Benefits Men Economically, Too If you think women still reap more economic benefit than men do from marriage, you may be living in the past. Today, men are better off economically because their wives are, too, suggests a new study on the economics of marriage by the Pew Research Center.

- People – January 12, 2010 - Why Did Chris Evert and Greg Norman Divorce? The split between tennis star Chris Evert and golfing great Greg Norman, whose 15-month marriage ended in divorce last month, was a result of stress and strain over her teenage boys needing their mother, according to someone who observed the situation. 

- Fox News Online – January 11, 2010 - How to Talk to Your Kids About Divorce With roughly 50 percent of all marriages ending in divorce in the United States, it is all too common for children to endure all that comes along with families breaking up. Divorce can be scary and sad for all involved, but it can have a particular and lasting effect on children. Therefore, it's important to approach the subject delicately. We spoke with rabbi and psychotherapist M. Gary Neuman, who created the widely successful "Sandlecastles Program". He gave his tips on how to inclusively talk to your children to ensure they cope with divorce in a healthy and productive way. 

- Daily Finance – December 28, 2009 - Courts in Crisis: Recession Drives Caseloads Up, Budgets Down Court systems nationwide are facing two forces that could collide and create a major crisis in 2010. Caseloads driven by the recession are flooding the courts at the same time as judicial systems around the country are dealing with budget cuts. In some states, those budget cuts could slow the flow of paperwork and possibly even result in postponement of some trials. Courts are starting to see the full brunt of cases involving recession-related issues…Increasingly, what the courts are seeing are cases in which the root causes are families in crisis after losing their homes and jobs.

- New York Daily News – December 28, 2009 - NJ dad David Goldman will 'never understand' Brazilian family that fought him The New Jersey father reunited with his 9-year-old son after a bitter divorce and custody battle in Brazil says the boy has been adjusting well to his return to America – despite video footage taken before their reunion showing Sean Goldman crying in the arms of his stepfather.

- Boston Herald.com – December 27, 2009 - Will prenup stand up in Tiger divorce case? I hate to sound shallow, but do you think Tiger’s prenup will get thrown out because he was messing around? In order for a PMA to be enforced, Tiger had to make a full and fair disclosure of all of his assets and liabilities. That’s because Elin cannot waive her rights to something she did not know about...

- The South Florida Sun-Sentinel – December 15, 2009 - Report: Elin Nordegren plans to leave Tiger Woods People magazine is reporting that Elin Nordegren plans to divorce Tiger Woods. In its issue that arrives at newsstands on Friday, the magazine quotes a source close to Nordegren as saying, "She plans to leave Tiger." It cites another source as saying, "She's made up her mind. There's nothing to think about: he's never going to change."

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