Author: WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday January 21st, 2025.

Divorce and custody fights are hard enough, but things can worsen when one parent starts turning a child against the other parent. Being alienated can feel like your own child is slipping away. Imagine being a loving parent, and suddenly, your child won’t talk to you, avoids visits, or acts like you have done something wrong—when you haven’t. It is heartbreaking.

Sadly, parental alienation is common in high-conflict custody disputes. The good news is that you are not powerless. Florida law recognizes how harmful parental alienation can be, and there are ways to fight back and protect your relationship with your child.

What Does Parental Alienation Look Like?

Parental alienation can be sneaky. Sometimes, it is obvious, like a parent saying bad things about the other in front of the child. Other times, it is more subtle—maybe the other parent “forgets” to pass along your messages or makes the child feel guilty for wanting to spend time with you.

Here are some signs to watch for:

• Your child suddenly shows anger or fear toward you without any clear reason.
• They start using language that sounds more like the other parent than their own words.
• They refuse to visit or even talk to you, even though things used to be fine.

How Florida Law Can Help

Florida courts care about what is best for your child, and they know that having both parents involved is usually the healthiest option. If you suspect parental alienation, you can take the following legal steps:

1. Change the Custody Agreement: You can ask the court to adjust custody or visitation if the other parent is harming your relationship with your child.
2. Request Family Counseling: Judges can order therapy for your child or even the whole family to help rebuild trust and communication.
3. Enforce the Rules: If the other parent is breaking custody agreements, they could face fines or lose custody rights.

Start Rebuilding Your Bond Today

Parental alienation can cause deep pain, but you do not have to face it alone. There are real, legal ways to protect your relationship with your child and stop this behavior in its tracks. Contact Wickersham & Bowers today and take the first step toward healing your family.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday December 19th, 2024.

Grandparents play a vital role in the lives of their grandchildren, often providing love, guidance, and stability. However, when family disputes or legal challenges arise, maintaining that connection can become difficult. In Florida, grandparents seeking custody or visitation rights must navigate a specific legal process designed to protect the child’s best interests. 

Understanding the Legal Framework in Florida

Florida law does not automatically grant visitation or custody rights to grandparents. Instead, courts prioritize parental rights, giving parents the authority to decide who interacts with their children. For grandparents, this means they must provide clear evidence that their involvement is necessary for the child’s well-being.

Visitation or custody petitions can be considered in certain situations, including:

• The child’s parents are deceased, missing for 90 days, or in a vegetative state.
• A parent is unfit due to issues like neglect, abuse, or incarceration.
• A parent poses a danger to the child’s safety due to violent or criminal behavior.

These strict conditions ensure that any legal action aligns with the best interests of the child.

Steps to Seek Visitation or Custody

1. File a Petition: The first step is submitting a detailed petition to the family court. This document must include information about the relationship with the child, the requested arrangement, and evidence supporting the claim.
2. Provide Evidence: Grandparents must prove that visitation or custody benefits the child. Evidence could include:
   • Documentation of a strong pre-existing relationship.
   • Witness testimonies from teachers, neighbors, or family members.
   • Medical or school records showing the child’s need for stability.
3. Attend Hearings: The court will hold hearings to assess the case. Judges consider factors like the child’s preference (if age-appropriate), the impact on the child’s daily life, and the relationship dynamics within the family.
4. Explore Mediation: Mediation may help resolve disputes without court intervention. This approach encourages cooperation and often leads to less stressful outcomes.

Strengthening Family Bonds Through Legal Means

The legal process for grandparents seeking custody or visitation can be complex, but it is designed to protect the child’s best interests. Whether through mediation or court proceedings, ensuring the child’s safety and stability remains the priority. For personalized guidance tailored to your case, contact Wickersham & Bowers today.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Wednesday November 20th, 2024.

Child custody cases are often challenging, but the presence of domestic violence adds a layer of complexity that cannot be overlooked. Florida courts prioritize the safety and well-being of children above all else, and accusations or evidence of domestic violence heavily influence custody decisions. 

The Role of Domestic Violence in Custody Decisions

Domestic violence in Florida is defined broadly to include physical violence, emotional abuse, sexual assault, stalking, and other harmful behaviors. Family courts recognize the devastating effects these actions can have on children, even if they are not directly involved. Witnessing violence can harm a child’s emotional health and increase their risk of future behavioral issues.

To protect children, Florida law presumes that shared custody is ideal unless it would endanger the child. When one parent has a history of domestic violence, the courts are likely to limit their custody rights. Judges assess whether granting custody or visitation to the accused parent would jeopardize the child’s physical, emotional, or psychological well-being.

Factors Judges Consider in Cases Involving Domestic Violence

Judges evaluate several factors when domestic violence is a concern, including:

• Severity and History of Violence: The frequency and seriousness of the abusive behavior play a critical role. Evidence such as police reports, restraining orders, or witness testimonies is often reviewed.
• Impact on the Parent-Child Relationship: Judges examine how violence has affected the child’s emotional connection with each parent.
• Willingness to Change: Courts may consider whether the abusive parent has taken steps to address their behavior, such as attending counseling.
• Protective Measures: In cases where contact is allowed, supervised visitation may be required to ensure the child’s safety.

Protective Actions Parents Can Take

If domestic violence is part of your custody case, it is important to act. Victims can seek restraining orders, officially known as injunctions for protection, to keep abusers away. Courts may also develop detailed parenting plans to reduce risks, including supervised visitation or structured exchanges of the child.

Putting the Child First

If you are facing such a situation in Florida, understanding your rights and the legal processes is vital. For guidance tailored to your case, contact Wickersham & Bowers for personalized legal support.