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May 8, 2012
 With over 30 years of handling complex and simple family law matters in Palm Beach County, Boca Raton Divorce Attorney Mark Maynor, has built a solid reputation of integrity, compassion and experience within the South Florida legal community.
His law firm, Maynor Sachs Copple, LLC is devoted exclusively to practicing Florida family law and represents clients in all areas of family law including divorce and asset division, child custody, visitation and child support; spousal support, prenuptial agreements, and all post-judgment matters such as child support and alimony modifications and parental alienation.
Mark Maynor is Board-Certified in Marital and Family Law and is AV-Rated by Martindale-Hubbell, an objective indicator that he is a lawyer with the highest ethical standards and professional ability. He has been named a Florida SuperLawyer, a listing of outstanding lawyers based on peer recognition and professional achievement.
Partner, Boca Raton Divorce Attorney, Tana Sachs Copple is a former prosecutor with extensive experience working with families in crisis. She recognizes and is sensitive to the fragile and emotional state of clients going through the divorce process and fully understands the importance of providing them with compassion, yet strong and effective legal representation.
The firm paralegals, Phyllis Weissberger and Ed Meyer, are an integral part of the legal team and recognize that divorce and other family law matters present emotional challenges for each client. They are often the “go to” people when clients have concerns or when emergencies arise and need immediate attention. Shayni, a Florida Registered Paralegal with over 20 years of experience, has expertise in complex, multifaceted, and/or highly contested cases, which makes her an invaluable part of the legal team. Ed’s accounting background is helpful in assisting clients with the preparation of their financial affidavits and discovery production and can at times substitute for the need to hire forensic accounts, thereby saving clients additional fees.
Our goal at Maynor Sachs Copple is to help you to resolve your marital and family issues. Divorce, child custody, co-parenting and support can not only be complicated, but they involve difficult emotional and legal decisions. Whatever the issue, we welcome the opportunity to assist you through these processes. Whenever possible, we strive for negotiated settlements or mediation to resolve issues, thereby minimizing the impact on the family, but we are seasoned litigators who will go to trial to obtain the best possible outcome for you and your family. To arrange for a consultation, please call us at 561.691.9336 today.
April 20, 2012
1. The child no longer wishes to see or spend time with the other parent.
2. The child unreasonably insults or bad-mouths the other parent.
3. The child destroys or refuses to accept gifts from the other parent.
4. A child who expresses love or affection for the target parent when that parent and the child are alone together will suddenly act hatefully, defiantly or negatively once the child is in the presence of the alienating parent.
5. The child may be fearful of a parent and even falsely accuse them of abuse.
6. The child does not feel guilty about their inappropriate attitudes and behavior towards the target parent.
Additionally, you should also be concerned if:
a. Your child has become more withdrawn after being previously open and happy.
b. Your child’s performance in school is shaky and his or her grades have dropped.
c. Your older child may being using or experimenting with drugs or alcohol.
Steps to Take
So, what should you do if you fear your child is experiencing PAS or if you are a target parent experiencing parental alienation?
1. The first thing is to become knowledgeable about these processes. The more you become aware of what parental alienation and PAS are, the better prepared you are to deal with those concerns.
2. Keep your emotions in check. Don’t add fuel to the fire with your anger and
do your part to insulate your children from any negative behavior.
3. Don’t retaliate and become an alienating parent yourself.
4. Listen to your children without being judgmental and explain to them that, although you and your spouse may not see eye to eye on co-parenting, you still love them.
5. Keep a log of your attempts to see your child. This will be useful if in Court.
6. Seek professional help. Getting therapy for yourself and your child can go a long way in dealing with the trauma of parental alienation and PAS. There are certain counselors and therapists who specialize in or who are specially trained in dealing with parental alienation cases, and it would behoove you to seek them out. Their fees may be higher than other analysts, but you will need an expert in this field if your case cannot be amicably resolved between the parties.
7. Put together a support network of friends, family and others who will be there for you when times are tough, for example, when your wife will not allow the children to see you on your birthday or your teenagers don’t buy
you a Christmas present.
8. Seek legal assistance. Obtain the services of a qualified lawyer who specializes in divorce and family law cases and is experienced in these types of issues, especially if you have been trying to prosecute your lawsuit on your own. Equip your attorney with the facts and make sure to comply and follow Court Orders even if you do not agree with them. If these symptoms sound familiar to you, you need the assistance and expertise of Maynor Sachs Copple. Our team of paralegals and attorneys has the knowledge and experience needed to understand how parental alienation can impact domestic relations issues, such as custody and visitation. You need the expertise of our advocates to protect your rights, your children’s rights, and your relationship with your children. We are dedicated to protecting
In 2008, award winning actor Alec Baldwin wrote a book, A Promise to Ourselves: A Journey Through Fatherhood and Divorce, which detailed his highly publicized divorce from actress Kim Basinger and their bitter custody battle over their daughter. He complained that Parental Alienation Syndrome nearly led him to commit suicide. More recently in September of 2011, singer Bill Hudson, Goldie Hawn’s former husband and father of actress
Kate Hudson, also wrote a tell-all book about his rocky relationship with his famous daughter and how parental alienation ruined whatever rights he had as a father. Unfortunately, in many divorces parties can agree on just
about everything except parental responsibility and timesharing (which used to be known as custody in Florida). More time and money is often spent litigating this particular issue than on anything else, especially when a parent uses a child as a pawn or negotiating tool in trying to extract a settlement. Often in these highly litigious and acrimonious cases, one parent or another may intentionally or inadvertently alienate the other parent and/or indoctrinate the child against their spouse. You don’t have to be famous or a rock star to experience parental alienation. Nicholas Bala, a professor of law at Queens University in Canada and an expert in parental alienation, has concludedthat children have been brainwashed and manipulated by parents, and that in the more severe cases, children may not respond to counseling or therapy. While many decry the use of the term “parental alienation syndrome,” Mr. Bala says that it is indeed a psychiatric disorder which can cause long term effects on children.
A child’s brainwashing can begin subtly with the alienating parent at first complaining to the child about the other parent and exaggerating the target parent’s negative behaviors. From there the brainwashing
can escalate through repetitive critical and judgmental comments. The child is often left with no choice but to side with the alienating parent, who they believe is their protector, and reject the targeted parent.
Parental alienation may be seen in highly complicated and/or contested divorce cases and may ultimately lead to a change in a child’s residential placement if the Court finds there is just cause.
So what is parental alienation and what can be done about it? Even thought not all divorces involve parental alienation and/or Parental Alienation Syndrome, it still pays to understand the basic precepts so you can recognize it and nip it in the bud should it rears its ugly head.
Where Did It All Begin?
Way back in the dark ages of divorce (the 1960s and 1970s), many states utilized the tender years presumption and declared that it was in the minor children’s best interest that they remain with their mother. Over the years fathers sought greater rights regarding their children and gained ground regarding custody. Dads increasingly were able to obtain joint custody or, in some instances, full custody. While many divorces settled amicably, some cases escalated into full blown war. Child psychologists and therapists were often called in to evaluate children and report their findings to the Court. This became so prevalent that in 1985 a forensic psychiatrist, Dr. Richard Gardner, coined the term Parental Alienation Syndrome to describe a childhood disorder marked by the malicious indoctrination of a child almost exclusively during a child custody battle and which includes the child
belittling, denigrating and/or insulting the other parent. While Dr. Gardner’s terminology has become accepted, his theory has never been formally adopted or recognized by mental health professionals in their Diagnostic and Statistical Manual of Mental Disorders.
What is Parental Alienation?
Parental alienation is a set of behaviors exhibited by an adult parent that causes a downward spiral in the relationship that the other parent has with the child. The behaviors may be conscious or unconscious, and the alienator parent may not even be aware of what he or she is doing. In severe cases of parental alienation, the alienating parent will enlist the help of family, friends and others as they try to purge the “offending” parent from their life and the lives of their children. The alienating parent may use the children to spy on the other parent; speak badly about the other parent in the children’s presence or within earshot of the children; and/or interfere with timesharing by not allowing the children to spend time with their husband or wife. However, like in most relationships, it takes two to tango, and the targeted parent often unwillingly participates in this hurtful cycle by retaliating against the alienating behavior. In divorce cases, parental alienation usually occurs in highly contested custody matters, such as: where the child’s primary residence will be; the amount of timesharing the
other parent exercises; and how the husband and wife will co-parent the child until their son or daughter reaches the age of majority. If left to ferment and fester, parental alienation may eventually cause Parental Alienation Syndrome.
What is Parental Alienation Syndrome?
Parental Alienation Syndrome (PAS) is thought to be a harmful psychological syndrome in which a child is brainwashed by one parent (known as the “alienator”) who poisons the child’s mind by continually berating and belittling the other parent(known as the “target”) to the point at which the child is unable to differentiate between his or her own opinions and those of the alienating parent. Sometimes the children are so young and passive
that they cannot comprehend what is happening to them. PAS is a strategy that is used to disable or prevent the other parent from experiencing from their child’s love, affection and respect and sharing in the joys and responsibilities of co-parenting their children. This can occur when one parent feels powerless in their divorce battle and that husband or wife feels a need to retaliate against their spouse. Studies have shown that women are primarily the alienators, but not exclusively. Many men can similarly destroy a child’s affection for their other parent.
November 28, 2011
Well, it looks like the rumors are true. Demi Moore just announced that she filing for divorce from her husband, fellow actor Ashton Kutcher, after six years of marriage. The 49 year old actress was previously married to actor Bruce Willis and rocker Freddy Moore. Mr. Kutcher, who is 33 years old, was never previously married.
While we don’t know, and may never know, the details of their split, it was reported that Ms. Moore stated publicly that she has chosen to move forward with her life, adding that there are certain values that she holds sacred. Monogamy may be one of them as the Internet has been buzzing lately that Mr. Kutcher has been seen around town squiring other women and even cheating on his wife on their anniversary. How low can you get?
While adultery is not grounds for divorce in Florida, the Courts may consider a party’s dissipation of marital assets on a paramour in dissolution actions in this state. Section 61.08, Florida Statutes, specifically states that the “court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.”
The Court also has the authority to consider dissipation of martial assets when fashioning an equitable distribution scheme. Section 61.075, Florida Statutes gives the Court inherent authority to consider the “intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.”
So, before you cheat on your spouse consider the consequences. You could be paying through the nose and your wallet for a long time to come.
November 2, 2011
72 days. That’s exactly how long Kim Kardashian’s intact marriage to NBA hunk, Kris Humphries, lasted before she filed for divorce on Halloween. Citing irreconcilable differences, it has been reported that Ms. Kardashian, a TV star and multi-industry mogul, will more than likely seek to enforce the prenuptial agreement and deny alimony to her husband. Mr. Humphries was apparently blind-sided by the news and had no idea that he would be on the receiving end of a summons instead of a basketball. He was quoted as saying that he still wants to make his marriage work.
In Florida, that would be possible. Florida law allows a party to temporarily abate or suspend a divorce action for up to 90 days to permit the parties to attend marital counseling and/or attempt a reconciliation. Florida statute §61.052 gives Florida Courts the authority to:
1. Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or
2. Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation.
Too bad the previously happy couple didn’t live in the Sunshine State.
October 19, 2011
Often the first thing that couples want to do following the breakup of a marriage is to start other relationships, usually with people who are the polar opposite of their ex-spouses. Dating after divorce can be tricky, especially with minor children around, but despite some potential pitfalls, many men and women ignore the winds of caution and plunge head long into rebound romances. Fortunately, some of these relationships can evolve into successful second or third (or more – but who’s counting?) marriages. However, when reality sets in, the thrill and excitement of that new special someone can be deflated quicker than a balloon that’s lost its helium. So, if you are faced with starting over after divorce, follow a few simple guidelines:
1. Follow your heart, but lead with your head. You may have wanted and even filed for the separation and/or divorce, but that doesn’t mean your emotions will be left totally unscathed. Give yourself some time to heal and get your priorities in order. In order words, if the Judge grants the divorce on a Thursday at 1:30 p.m., don’t become engaged to someone else by 8:00 p.m. the following night. Take some “you” time and do the things that make you happy. Learn to live by yourself a bit and develop the inner strengths you never knew you had.
2. Don’t bow to pressure. A lot of people get pressured from family members, friends or acquaintances who want to see you get back in the saddle again. Start to date when the time is right for you, not someone else. You’ll intuitively know when that is. Don’t rush it. There’s plenty of time for romance and roses.
3. Shield the kids. Divorce can be confusing enough for adults, let alone children. Don’t introduce your kids to your dates until the relationship is firmly established. If you see your children only on alternate weekends, focus on the kids while they are with you and leave dating for weekends or weeknights when the children are with the other parent. Reassure your kids that you love them and that your new love interest will never replace their mother or father.
There is no magic wand that will make post-divorce dating any easier, but following these tips will get you off to a good start.
October 17, 2011
Some spouses or domestic partners like to beat up on the other party in their relationship. That’s nothing new. Neither is the fact that as the economy sours, domestic violence and battery cases have risen across the country. In some states, there has been an increase of 33% in the number of such cases and 73% of all domestic violence shelters attribute the increase to financial issues.[1]
What’s even more surprising is a new trend – cash strapped municipalities and cities may have to stop prosecuting domestic violence cases. Recently, the city of Topeka, Kansas announced that it is ceasing to prosecute domestic violence cases in order to save money. On October 4, 2011, the City Council there proposed this move after the District Attorney’s office there said it could not longer afford to go after the offenders. What’s worse is that the city may change its law and repeal part of the city code that currently bans domestic violence.
Shawnee County, Kansas has already dropped 30 domestic violence cases since September 8, 2011, and people who had been arrested for misdemeanor domestic battery were set free.
Victims’ advocates are crying afoul of the new policies and fear that abusers will become more violent as a result.
September 20, 2011
If you want to know what’s hot in the world of marriage and divorce, you’ve got to check out divorce parties. It’s the latest craze and the ultimate excuse to celebrate. If you think this idea is just for bird brains and beer heads, think again. In June, Rocker Jack White and his now ex-wife, Karen Elson, threw a lavish divorce party in Nashville, Tennessee for 100 of their closest friends. After six years of marriage and two children, the former couple hosted this bash to honor this milestone and their commitment to future friendship as they co-parent their kids in the future.
Not to top this, but jewelers, Spritzer and Furman, are introducing an 18 kt. gold divorce ring. For a mere $3,200 you can own this ring which bears a heart broken in two by a diamond encrusted dagger. Whether you wear it on your ring finger, or another one, it is supposed to signal to others that you are divorced, single and eligible again.
As unusual as that may be, there are actually wedding ring coffins. Yes, you heard it right the first time. Coffins as in death so you can give your wedding ring the burial it deserves. The coffins come in various sizes and finishes. You can even get a coffin engraved with R.I.P. or any inscription you prefer. Believe it or not, wedding ring coffins even have their own Facebook page.
Just when you thought it was safe to swim through the seas of marital discord, wait. Divorce thongs are beckoning. They are available for men and women and come with a number of spot-on comments, such as “Ding, dong. The psycho is gone.” Perfect for that late night rendezvous with your next sweetheart.
And for that divorce party you are going to throw, you must have something sweet to take the bitterness out of the divorce. So wouldn’t you know it: divorce cakes are a booming business. There are a number of varieties. Some feature a dead and bloody groom at the bottom of the cake or a pistol-packing bride at the top. They’re all in good fun, and if you are not sure which type of divorce cake to buy, there’s even a website to tell you how to select the perfect pastry.
So, now that you know the latest and greatest and what’s trending these days, it’s time to crack open the champagne and revel in the undoing of the “I Do’s” and showing the world that divorce can be something to laugh at.
June 9, 2011
If you haven’t heard of Anthony Weiner by now, the New York Congressman who recently sent some provocative and explicit photos and messages to several hot young chicks, you probably are Rip Van Winkle and just awoke from a 20 year nap. What makes this episode even more painful is that this Congressman is married and reports are now swirling around the Internet and network news that his wife is pregnant.
While this appears to be another episode of a powerful man behaving badly in the style of Tiger Woods or Arnold Schwarzenegger, sexting, tempting tweets and photos of “private parts” are not grounds for divorce in Florida. Florida is a no fault state, which simply put, means that if a marriage is irretrievably broken, one party may file for divorce.
However, social media can play a role in dissolution proceedings. If you are in the middle of divorce proceedings, it could be very likely that your spouse and his or her attorney will review your Facebook page and/or your Twitter feeds for incriminating evidence such as racy photos, derogatory wall comments and the like. This evidence can be used against you in a child custody proceeding.
Think you’re safe? Well, think again. Did you have an active profile on LinkedIn, but claim you are not capable of getting a job and need alimony instead? Is your girlfriend bragging about the gold necklace you purchased for her using marital funds when you failed to pay child support that month?
Time will tell if Huma Abedin will give her husband the old heave-ho or, if in the words of the Tammy Wynette song, she will stand by her man.
May 17, 2011
Just when you thought that Arnold Schwarzenegger was driving off into the sunset after his stint as California’s governor, be aware: He’s baaack! And with a love child to boot.
Sometime during his marriage to Maria Shriver, the Terminator recently admitted that he fathered a child with a household staffer. That child is now a teenager and according to published reports, Mr. Schwarzenegger has been financially supporting his son or daughter.
California laws are different than Florida’s, but if that situation occurred here, Chapter 742 of the Florida Statutes would govern this type of paternity action; specifically, §742.10, F.S. which governs the establishment of paternity for children born out of wedlock.
In Florida a child born out of wedlock does not have a legal father if the mother is not married when the child is born[1]. There are several ways to establish a child’s paternity, including marriage, filing an acknowledgment of paternity or by an administrative order after genetic/DNA testing has been done and proves fatherhood.
Paternity or legal fatherhood is good for children because it gives them, among other things, access to financial support from the parents; heredity and medical information; and Social Security benefits.
If Arnold had been thinking all those years ago before straying in his marriage, then maybe now his wife wouldn’t be saying, “Hasta la vista, baby.”
[1] http://dor.myflorida.com/dor/childsupport/paternity.html
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