Child Custody Case Study

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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,
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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

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