Jacksonville Divorce Lawyer Blog

Florida's visitation is now timesharing and residential parent is now majority timesharing parent. As a Florida family law attorney I have focused on the parents and children going through this change, but it was brought to my attention that change in visitation and custodial parents is actually having an impact on the Florida schools.
I practice primarily in Jacksonville, Orange Park, Fernandina and St. Augustine, but an article in the Bradenton Herald caught my attention. The article, entitled "Schools Custody Policy Proposed: Custodial Parent Is No Longer Decision Maker In Schools" deals with the impact the new legislation has had on the schools determining which parent is the "go to" parent on school issues. Historically, a family would go through a divorce and the mother or father was determined the "Primary Custodial Parent". In today's world of timesharing, things have changed and the language needs to be tightened up to make things easier. The legislature did create "Parenting Plans" to help in this transition and determine the roles of the parents.
While the article states that timesharing is designed to give both parents 50/50 split, that is actually not true. Timesharing is a way for the parents to feel as if they both get the child and that one parent is not more important or greater than the other. The courts, at least in Jacksonville, still frown at the concept of children not having a stable environment.

Continue reading " Florida's New Parent Timesharing Affects Schools " »

Getting an annulment in Jacksonville, Florida is possible if the marriage is void or voidable. A void marriage is one that is not legal, from the very beginning. For instance, if you are still married to someone else, then your new marriage is void. However, what happens when the "void" becomes "voidable?"
The scenario would be one where the original marriage was illegal or void at the time the "I dos" were said and then became legal along the way. This scenario would possibly unfold in a situation as follows:
Ann was married to Bob. Ann believed to have divorced Bob. Ann then marries Carl. During the marriage to Carl, Ann learns that the divorce to Bob was never finalized. Then Ann's marriage to Carl is void. However, if during Ann's marriage to Carl, Bob dies, then Ann's marriage to Bob is over and the marriage between Ann and Carl is now voidable on the basis that at the time of the marriage, Ann was still married to Bob.
Basically, if this scenario were to unfold and the marriage between Ann and Carl needs to end, rather than asking the court for a divorce, Ann or Carl can ask for an annulment since they were originally in a void marriage.
One factor that can play a role is that voidable marriages are considered valid if consummated. Meaning, if upon learning that the marriage was "void" and now "voidable" and then the Ann and Carl have sexual relations, then the court may require Ann and Carl to get a divorce.
Jacksonville judges do not see a lot of annulments due to the difficulty in obtaining one. So, if you believe that you qualify for an annulment, it's best to hire an attorney who understands the issues involved in having the court grant one.

Many times in my family law practice in Jacksonville, Florida, I have men who think that they have no rights when it comes to their children in divorce cases, child custody cases or paternity cases. In Florida, 33% of children are born to men and women who are unmarried at the time of the child's birth. Florida gives fathers rights and has certainly been recognizing more and more the importance of fathers in the lives of children. Before a man can have any rights to a child, however, he must first be determined, by a court of law with a judicial order signed by a Judge, to be the father. The fathers name on a mere birth certificate will not suffice to give the child and father a legal bond and heir at law status. To accomplish this, if the parties are unmarried at the time the child is born, one party must file a Petition For The Determination of Paternity. I always tell my clients, whether my client is the mother or the father of the child, that with obligation (such as child support) comes rights (such as visitation and parental responsibility). Here is a helpful site regarding resources for fathers to provide some useful information regarding their rights. If you or someone you know needs help in determining any parental issues such as child support, child custody, visitation, paternity, or any other matter, please call our firm at 904-355-8888 for help.

Finally! It used to be the law in Jacksonville, Duval County, Florida and the surrounding counties such as Clay, Duval, St. Johns, Nassau, Putnam, etc. that grandparents in the State of Florida had no visitation rights with their grandchildren as the courts stated that this would be a privacy right violation of the Constitution to parents. However, Florida Statute 752 now gives grandparents an avenue by which to pursue visitation rights with their grandchildren as the courts are now using the best interest of the child standard. Finally, the law has recognized how important it is for grandchildren to have a continuing and loving connection to extended family! If you or your loved one has a grandparent visitation question, please call our firm at 904-355-8888 and we can certainly help you with this very important issue.

Written By: Lenorae C. Atter
As a family law attorney in Jacksonville, Florida, I handle a number of different divorce cases. The issues are always different because individuals and their assets, debts, businesses, incomes and matters related to their children are always different. One thing I have noticed is the surprise of my clients when they discover a business that was started during the marriage is actually a marital asset or liability, depending on the company's solvency.
In order to define the asset/liability, it is important to recognize what the business is and if the business is solely dependent on the spouse(s) work. A business valuation is typically a good idea, so that an outside, neutral party can determine the actual value of the property.
The other factor in determining the actual income of the parties relies on getting the business information since a number of business owners pay personal things from their business accounts. These accounts are all discoverable during the divorce proceedings, so both sides are on equal footing throughout the process.
Multiple financial actions, businesses and assets, is a great reason to incorporate a neutral financial planner/advisor into the right types of divorce proceedings. One previously mentioned in my blog was Collaborative Law, which uses a neutral financial advisor to assist the clients in reaching an amicable resolution to the divorce.

In a Jacksonville, Florida divorce, just the entry of the, "parties are returned to the status of being single" does not bar a claim for child support, division of assets and liabilities and all other related issues. Basically, it is a tool often used so that the parties can declare themselves divorce, but the proceedings continue the path they were on.
The difficulty is, when one party sees this, it may cause panic, tears, concern and frustration. Actually going about the process correctly takes finesse, patience and understanding for the other party. Explain to them that they are not stopped from getting matters resolved, but simply taking care of one issue, the actual marriage that still holds them as "husband and wife."
When going through such a process, make certain that you have certain things in place like a provision that the Final Judgment does not preclude further action. However, in regards to child support, Florida law makes it clear that you cannot actually negotiate away your right or responsibility to child support.

Florida Times Union ran a story regarding a breakthrough in Grandparent Adoption. For the last four years, since their parents' deaths, two children have been at the center of a legal battle with both sets of grandparents at the helm. last week there was a major change in Grandparent Adoption in Florida.
The landmark decision by the Florida Supreme Court was that the maternal grandfather, George Smith and his wife, Brenda could adopt the children. George and his wife, Brenda petitioned to adopt the children approximately one month after the children's father, Eduardo Silvils, died in a car accident. The children's mother had previously died, leaving the children without a parent.
Silvils’ parents, who were not named in court documents, soutght guardianship of the children instead of adoption. The guardianship was designed to provide the children with a home and family to take care of them. The Silvils' believed it to the best for all parties because both sets of grandparents would have the opportunity to see the grandchildren, while an adoption could bar them from contact with their grandchildren.
After court action, which sided with the Silvils', the Florida Supreme Court ultimately found that a split guardianship is, "the antithesis of the right to permanence and stability that is afforded by adoptions.”

In Jacksonville, FL and Duval County and the surrounding counties of Clay, Nassau & St. Johns Counties, the filing fee for a divorce is about $408.00. However, the Florida House & Senate are looking for ways to decrease the deficit by proposing to raise the filing fees for a divorce to $1,000.00 for couples with assets valued at $50,000-$250,000 and to $2,000.00 for couples with assets over $250,000.00! At this rate, nobody will be able to afford to file for divorce. This means that even people who choose to proceed without a lawyer in a divorce case will have to pay the clerk of court one to two thousand dollars just to file the Petition For Dissolution at the courthouse. If you have questions about the divorce process or child support, child custody, alimony, division of assets or liabilities, please call our firm at 904-355-8888 for help.

Lately I have been getting a lot of clients who are having trouble with one of two problems: 1. they are owed child support and can't collect it or 2. they are paying child support at an exorbitant exaggerated rate and cannot get credits for the overpayments. Oftentimes the Department of Revenue is not able to handle the number of cases they are receiving and sometimes mistakes are made. Here is an article about an Orlando woman who was having child support woes. http://www.orlandosentinel.com/news/local/orl-asecsupport041909apr19,0,6230693.story If you are having trouble collecting child support that is owed to you or if you are paying too much and are not getting credited properly, please call our firm for help.

Here is an article that describes how to have a happy relationship in hope of avoiding divorce down the road. http://dating.personals.yahoo.com/singles/relationships/24240/dating-advice-top-10-relationship-tips Because I work in the area of family law in Jacksonville, Florida, each and everyday, I enjoy helping people manage crisis in hopes of creating solutions that will be workable for all involved especially if the couple has children. I do not encourage divorce but unfortunately, it happens, and people need an impartial, non-emotionally involved practioner to protect their legal rights during the process as most people are way too emotional to think straight enough to make reasonable decisions. I provide the article above to help you avoid ending up in the courtroom. As an old proverb says, "you never truly know a woman until you meet her court"! Have a happy marriage but if you have questions regarding the dissolution process then please call our firm at 904-355-8888.

In Florida, the statutes regarding paternity, child support, visitation and custody have different laws when dealing with an out-of-state parent. I am a Jacksonville area divorce and family law attorney and recently I had a case involving a mother and child that reside here and a father that lives out-of-state. The issue that was difficult to overcome is, "which court is proper to bring actions regarding the child?"
Florida Statute 48.193 requires that the out-of-state resident to have some form of contact with the State of Florida. While the presumed father has the option to prevail on this issue if he has not been in Florida, nor was the child conceived in Florida, that does not resolve the issue for the presumed father.
Once a child resides in Florida, the Florida courts have jurisdiction over that child through the UCCJEA and Florida Statute 61.514. Therefore, all actions dealing with visitation and custody must be brought in Florida, so an out-of-state court may be required by the presumed father, to determine paternity and possibly child support, but if the father wants visitation with the child, he will be required to file in Florida.
Also, if any of the actions in Florida Statute 80.2011, then Florida can have jurisdiction over all aspects involving the child, regardless of the other party's contacts with Florida.
Basically, if someone brings the issue of jurisdiction when dealing with a child, the individual will most likely have to hire an attorney in two (2) states as opposed to one (1). It ultimately makes more sense for all actions to be handled in one court and one state and to save the cost for attorneys.

International adoptions are popular not only among Madonna and Angelina Jolie, but Jacksonville, Florida residents as well. As a family law attorney I have clients call once they adopted out of the country and they want to make certain their adoption is legal in the U.S. and in Florida.
Once a child is adopted by a foreign court that document finalizing the adoption can be accepted by the Florida courts as well. The procedure for doing so is important to protect yourself and any issues that may arise regarding that child.
The Florida courts do recognize foreign decrees, foreign orders, but you must petition the court to recognize the decree or order. It is best to speak with an attorney regarding this matter to make certain that all requirements are met from the beginning to speed up the finalization of your adoption which has clearly been a long time coming at this point.

Madonna's, have made the news for years in Jacksonville, Florida and throughout the country. As a family law attorney in Jacksonville, I have clients call to find out the process for such adoptions.
The reality is, as evident in Madonna's current court case in Africa, each country has different adoption laws. In Malawi, where the child resides in Madonna's case, there is a residency requirement for adoptions. That issue, not the paternity issue, is actually what's holding things up for the adoption of Chifundo James. Madonna, feeling that celebrity and money can beat laws, is now caught up in the court system to show the best interest of the child is to be adopted regardless of the residency requirement.
This case is a good example of why the normal adopting family should first look into the laws associated with the country they would like to adopt from. You don't want to get in a situation where you required to relocate for a significant period of time if you don't have to. It's best to contact an attorney where you live to help you in your process from the beginning.