Ten years into a lengthy and acrimonious split, a local surgeon has filed a lawsuit against his former wife. He also is suing nine judges, the sheriff, three deputies, four representatives from the Department of Children and Families and three representatives from Kimberly’s Center for Child Protection.
The lawsuit names 26 defendants in all, alleging that each in some way conspired against William Overcash throughout child custody proceedings following his divorce.
Henry Ferro, who filed the lawsuit in U.S. District Court, estimates that his client has spent well over $1 million in the protracted custody battle already. Overcash is hoping to recover some of that money through compensatory and, possibly, punitive damages.
The lawsuit also aims to return Overcash’s parental rights for his 14-year-old daughter, Ferro said. A judge terminated those rights in 2013 and, Ferro said, Overcash has been completely cut off from his daughter since then.
Each defendant named in the suit played a role in causing Overcash “financial, physical and mental injury,” according to the lawsuit. Here’s how:
Nine judges, including three circuit judges in Marion County, are accused of “perverting and obstructing the administration of justice.” Overcash alleges that the way judges were assigned to his case -- it was a lengthy succession, as several judges recused themselves -- violated the Florida Rules of Judicial Administration. He also points to instances where judges did not initially recuse themselves when he says they should have, and another where a judge accepted a gift from Overcash’s daughter.
Sheriff Chris Blair and three of his deputies are named for their role in arresting Overcash three times on contempt of court charges that were later dismissed. Overcash alleges that they knew, or should have known, that the charges were false at the time of each arrest. In one instance, for example, he says a deputy injured his shoulder during an arrest for failure to pay child support. That warrant was thrown out at Overcash’s arraignment, according to the lawsuit.
The four DCF representatives are named based on the “bias of DCF against Overcash,” according to the suit. This includes interpreting an interview with Overcash’s daughter in her mother’s favor, in terms of custody, despite what Overcash casts as unsubstantiated evidence and a failure to disclose to the court previous complaints
Kimberly’s Center for Child Protection and three representatives are named for their role in interviewing Overcash’s daughter. At least two people involved in that interview were not certified to do so, according to the suit.
Lori Foultz, Overcash's former wife, along with her current husband and their three-person legal team, are accused of a slew of wrongs. These include demanding an unreasonable amount in attorney’s fees from Overcash, according to the suit, and then concealing that payment, which ultimately led to his arrests for contempt of court.
Foultz and Overcash married in 1998 and divorced in 2005. They had one daughter together. The lawsuit will not affect ongoing custody litigation between the two, Ferro said, explaining that the cases would continue simultaneously.
The suit was filed Oct. 28. As of Friday, no defendant had filed a response with the court.
Published: Friday, November 13, 2015 at 1:22 p.m.
Contact Nicki Gorny at 352-867-4065, nicki.gorny@ocala.com or @Nicki_Gorny.
Another dangerously flawed family law reform bill has been once again submitted in the Florida Legislature. As this flawed legislation persists, Republican Sen. Tom Lee, who has been embroiled in his own past divorce and child support battles, has now introduced Senate Bill 250. Many marginalized members of the Florida Bar are saying enough is enough — it’s time for Florida Gov. Rick Scott to do the right thing and form a neutral “Family Law Reform Task Force” to carefully study this issue and recommend fair and equitable changes to our family law statutes that, if necessary, do not unjustly harm women and children.
The proposed Alimony/Family Law Reform bill contains as one of its greatest flaws an equal child timesharing provision, which creates a legal presumption that equal time splitting between parents occur. This legal presumption can only be overcome if the parent challenging the presumption enters into a legal fight and proves, with evidence, that it is not in the best interests of the child to have equal time with both parents.
There is no exception in the proposed statute regarding the age, physical or mental health of the child, or the physical or mental health of the parents. This will mean that unless a parent challenges the law, infants and toddlers would be exchanged between households on a nearly 50/50 basis. Alcoholic or abusive parents will be presumed to be entitled to 50/50 split timesharing with their children as well, including overnights.
And Justice 4 All ~ Florida WLYB....Never give up......ever"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has." - Margaret Mead https://www.youtube.com/attribution_link?a=c0pPLAcDP5c...
I truly encourage others who are in a similar situation to look up the definition of Stockholm Syndrome. It will truly explain a lot in terms of how these children are affected psychologically and why they end up aligning with their kidnappers.
There is a lot of research on this topic. I will post some links here and there but please, do the research on Parental Alienation Syndrome so that you can educate yourself and hopefully gain a little more of an understanding and insight.
I know that I felt so scared, blind sided, helpless, sad and confused when this whole ordeal began for me and my daughter on December 4th, 2008.
I wish I had known then what I know now regarding parental alienation which is very traumatic and referred to by many experts as the worst form of psychological child abuse.
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