Evaluating a Forensic Psychologist’s Report

Nearly all family law practitioners will eventually be confronted with a case where the parties do not agree on parental responsibility and timesharing and it becomes necessary to begin evaluating a forensic psychologist’s report.  When evaluating a forensic psychologist’s report it is not enough for the family law practitioner to be familiar with the Family Law Rules of Procedure and Chapter 61.  To conduct an effective cross examination, the practitioner must also have a thorough understanding of Florida Administrative Code § 64B19-18.007.  This code section cannot be ignored as it governs the scope and methodology a psychologist is required to follow when conducting a court ordered parenting plan evaluation. The Commentator, a publication of the Florida Bar Family Law Section, recently published an article on the rules governing a forensic psychologist’s report.  The article was authored by Christopher R. Bruce, a West Palm Beach Divorce Lawyer and partner of Nugent Zborowski & Bruce. To read the article, click Christopher R. Bruce’s Forensic Psychology Article.  Also, click Child Custody Center for more information on the child custody issues inherent to Florida divorce and family law cases. For more information, call (561) 844-1200 to speak to a West Palm Beach Divorce Lawyer with the firm of Nugent Zborowski &...

Firm’s Article on Same-Sex Divorce Law Published in South Florida Daily Business Review

The South Florida Daily Business Review recently published an article by Nugent Zborowski & Bruce partner Christopher R. Bruce on the topic of same-sex divorce.  The article is available by clicking Christopher R. Bruce’s article explaining same-sex divorce in Florida. The article covers the recent decision of the Maryland Supreme Court in the case of Port v. Cowan, which addressed whether a same-sex Maryland couple could seek a divorce in Maryland despite the state’s law defining marriage as a union between a man and a woman.  Although the court in Port v. Cowan granted the divorce, it is unclear whether the same result would occur in Florida given that Florida Statute 741.212 specifically provides that same-sex marriages are not to be recognized in Florida, even if the marriage was valid in the place of the marriage. For more information about same-sex divorce in Florida, or domestic partnership/cohabitation agreements, call the Florida divorce and family law attorneys of Nugent Zborowski & Bruce at 561.844.1200 or click here....

Florida Family Law Appeals Lawyer Basics: How an Intermediary Appeal Affects a Divorce Case

FLORIDA FAMILY LAW APPEALS LAWYER BASICS:  HOW AN INTERMEDIARY APPEAL AFFECTS A DIVORCE CASE The Palm Beach Gardens Divorce Lawyers of Nugent Zborowski & Bruce also serve as Family Law Appellate Attorneys.  Unlike most Palm Beach County Divorce law firms, the lawyers of Nugent Zborowski & Bruce handle appellate cases for their clients. A basic concept of Florida Family Law Appeals is shown in the appellate opinion of the Palm Beach County Divorce Case of Garcia-Lawson v. Lawson, 37 Fla. L. Weekly D410c (Fla. 4th DCA Feb. 15, 2012).  This concept is that a trial court cannot enter a final judgment of divorce when an appellate court has not yet ruled on an intermediary appeal. In Lawson, the former wife had filed two intermediary (referred to by lawyers as “interlocutory”) appeals while the dissolution of marriage case was pending.  The trial court entered a final judgment of dissolution of marriage and then, afterwards, the Fourth District Court of Appeals entered two separate orders dismissing the interlocutory appeals filed by former wife. In the meantime, the former wife also appealed the trial court’s final judgment, contending the trial court lacked jurisdiction to enter the final judgment because of her two interlocutory appeals. In this instance, the Fourth District Court of Appeal agreed with former wife that the trial court lacked jurisdiction to enter a final judgment while interlocutory appeals were pending.  That said, the appellate court’s opinion stated the trial court could essentially re-issue the same exact final judgment since it (now) had the jurisdiction to do so.  The Lawson court explained the complex rules of Florida Appellate Procedure in its opinion:...

Domestic Violence Prevention: Don’t Forget Your Wife’s Birthday

The Palm Beach Divorce Lawyers of Nugent Zborowski & Bruce represent clients in all aspects of divorce and family law matters, including domestic violence proceedings. When appropriate, if a court determines that someone is the victim of domestic violence (defined below) the judge may issue an injunction (restraining order) that limits or eliminates contact between two people.  In most cases, a violation of the injunction is a criminal offense.  Sometimes, however, judges can get “creative” in dealing with domestic violence issues.  As an example, in a Broward County judge recently required a man accused of committing the offense of domestic violence to buy his wife a birthday card and take her on a dinner date to Red Lobster and then to the local bowling alley.  Apparently, the incident leading to the alleged violence started when the wife complained to her husband about him forgetting her birthday. Click here for a video of the judge’s decision. Judge John Hurley’s “Red Lobster Order” has already drawn huge criticism from victims’ rights groups.  The CEO of Women In Distress has called the ruling “a joke”, and many question whether it made much sense to order someone to spend time with their wife after an alleged incident of domestic violence. For those who are interested, pursuant to Section 741.28, Florida Statutes, “Domestic Violence” means: “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” For more information on obtaining a restraining order in Palm Beach County click Palm...

Are your children being abused by your spouse?

If you answer yes to even one of these questions your spouse may be abusing your child. Does your child: Never seem to want to come home? Seem excessively passive or withdrawn? Seem as though he/she is always preparing for something bad to happen? Consistently say he/she does not like your spouse? Have trouble sleeping? Often speak of running away? Have bruises, burns,  and or scratches he/she cannot explain? Demonstrate sexual knowledge beyond what is expected for his/her age? Does your spouse: Show little concern for your child? Blame your child for his/her problems at school or at home? View the child as insignificant and or burdensome? Seem excessively overbearing? Demand a level of physical or academic performance beyond your child’s level? Do your spouse and your child: Rarely touch or look at each other? Rarely do “fun” activities together?...