Andrew Bird, the father of two boys aged 8 and 9 years old who were unfortunately killed in a DUI crash in Nassau County, is now pushing for new custody laws and Panama City, FL divorce lawyers mainly understand where he is coming from here. As reported by news4jax.com, this comes two months after the fatal accident caused by the boys’ mother Tonya Capailla-Eason.
She has been charged with two counts of DUI manslaughter for the auto accident that killed her two sons, Nicholai Capallia and Nehemiah Capallia-Bird. As per the Florida Highway Patrol, the Ford Explorer she was driving with seven children as passengers struck a utility pole on Lonnie Crews Road. The two boys suffered serious injuries and were killed due to the impact.
Toxicology reports indicated a blood alcohol level twice the legal limit of .08%. She is currently being held on a $50,000 bond and, if convicted, could potentially be imprisoned for 4 to 15 years on each charge.
Moving state causes problems in some custody cases
Panama City, FL divorce lawyers explain that currently, during a custody battle parents are permitted to take their children to another state. This is exactly why Bird, the father of the two boys, is pushing for a change in the laws in both Florida and Michigan. He was of the opinion that simply moving with the kids during a custody case was not appropriate.
Bird who has been fighting for custody of three of the children, which included the two boys who were killed in the crash, claims that a Michigan court had granted him custody. However, during the custody proceedings in Michigan, Tonya supposedly took the children to Florida. According to a legal expert, Randy Reep, there were multi-jurisdictional court battles being fought in Florida and Michigan.
Father granted temporary custody
In a parenting schedule complaint form filed in court, Bird alleged that Tonya had taken the children to Florida while their custody case was still in a Michigan court. Bird in fact did have court ordered custody of the children approved by a Michigan judge in April of 2015. Failure to appear in court also led to a bench warrant being issued against Tonya on September 30th, 2015. The couple met in Georgia in 2006 and had three children out of wedlock.
That is not wise!
They moved to Michigan in 2009 and broke up in 2013 following which the bitter court battle for custody began. Bird was awarded temporary of his daughter Nina who survived the crash. He continues to pay child support to Tonya. Wow! Is that just more alcohol money many people are wondering? Florida divorce attorneys point out that similar custody battles have taken place in the past while there has been attempts to change the law.
Some people are wondering why Tonya Capailla-Eason is not being charged with kidnapping.
Meanwhile, if you wish to terminate your marriage and have any concerns on issues such as child custody and support, alimony, or any other related matters then this is the right time to get yourself a sagacious Florida divorce lawyer to look into the clauses included in the agreement. This is the best way to protect your rights and make sure you receive a fair settlement.
Contact USAttorneys.com today!