Jacksonville Divorce Lawyer Blog

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

One of the most common issues that I see arise after a divorce in Florida is that the primary time-sharing parent wants to relocate to another State or out of the county in which the divorce was finalized and away from the non-primary time-sharing parent. I see clients on both sides of this issue. I represent clients who want to move and I represent clients who want to prevent the other parent from moving. Florida governs this issue with The Relocation Statute located in the Florida Statutes. The Courts will determine the issue of relocation by using the best interests of the child standard and is to consider the parent's reason for seeking or opposing the relocation, the current relationship between the child and each parent, the impact that the relocation will have on the quality of the child's relationship with the non-relocating parent, the emotional effects that relocating will have on the child, and the practical effect the relocation will have on the child's ability to maintain a close and loving relationship with the non-relocating parent.
If you want to move out of the State of Florida with your child, there are some statutory tasks that you must do to be able to accomplish the move. Also, if you want to object to a relocation, there are specific things you must do to object. Please call our firm for the help that you need in realizing these steps and for the help that you need.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Family law in Florida is probably the most personal of all areas of law in that we, as practitioners, delve into the deepest secrets of families in order to fight our case or to settle an issue. Many times the Husband or Wife will know the other's passwords to bank accounts, email accounts or will intercept text messages of the other spouse. These things are all perfectly legal and can be used as evidence against a spouse in court in Florida. If a spouse has access to online email accounts or online banking information then it is perfectly legal for that spouse to access those accounts. If the account shows that the other spouse has been hiding money or spending money to further an affair, then that can be used in court as evidence. Text messages are the same. The moral of the story is this, if you don't want your emails, text messages or banking information to be used against you in court in a divorce action in Florida, then don't give your spouse the information necessary to access it. If you need advice on divorce, child custody, child support, alimony, adoption, modifications, equitable distribution of property or post divorce advice, please call our firm.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In Florida, it's hot! Unfortunately, each summer in Florida, we see not just one but numerous news stories about children dying after being left in a hot car. I know these stories make the news almost weekly in Jacksonville, Florida. Many accidents happen as stress levels rise. If people are going through a divorce or the loss of employment, foreclosure, or leading busy lives or experiencing a change in routine, the chances of leaving a child in his or her carseat accidentally is enhanced. The Florida summers can be brutal and the ramifications of child neglect on an individual is more than brutal...it's devastating. These types of accidents inevitably lead to arrest, divorce, incarceration but the saddest consequence is death. Experts have provided advice on ways to prevent this deadly, devastating accident from happening which include:
1. Putting your purse, briefcase or work ID badge in the back of the car beside of the babyseat;

2. Keeping a stuffed animal in the front seat of your car as a reminder that the child is in the backseat;

3. Instructing your child's school or daycare center to alert you if your child does not arrive at his/her regularly scheduled arrival time;

4. Taping a reminder note to the steering wheel of your vehicle;

5. Installing an alarm device to the car seat that will alarm after you are a certain number of feet away from the vehicle.

If you have been charged with child neglect or have had that allegation raised against you by a spouse in Florida, please call our firm for the help you need.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

In Jacksonville, Florida, as a family law and divorce lawyer, I represent a number of individuals who have been or are in the military. Military family law differs in that many different amounts of income are factored in for purposes of child support and alimony. In addition, retirement is based on the military's determination of years in plus points earned during the time served in the Reserves.
In order to best determine the rights you and your children have while dealing with a military family case, it is best to speak with a lawyer that is familiar with all aspects of the system. BAH and BAS do change, but child support still factors those in. In addition, since some of the benefits are based on marriage and children, the military actually has some control until a civil court determines the actual amounts to go to the other party.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

The first thing I tell my clients when they come to me with an initial divorce is that in divorce, nobody wins. I mean, in the end, the marriage is broken, property is divided and time with the children is usually sacrificed by both parties. But there are things that you can do when experiencing divorce or after-divorce issues and the most important thing you can do is to get a GREAT family law attorney. The service that we provide to our clients is absolutely different from standard law firms. Immediately, the client can feel it. So many times I will have a potential client sitting in my office and they will tell me, "I've met with 3 other lawfirms and this firm is so different." Its true. We look at our clients as colleagues. You know more about your case when you walk through my door & will serve as a more than valuable resource during our representation. We use a variety of communication methods to keep in real time touch with our clients and the most effective is through the use of text messaging. This communication avenue will give you access to your attorney at the touch of a button and will get the answers you need in a timely and less costly fashion. When time-sharing or custody is the main issue in the case, it is important to be able to talk to your attorney when your worries pop up. This is the only case to you and it is the most important case! Lawyer access and detailed attention to you is required. If you are experiencing a divorce, child support, child custody, alimony or post divorce problems then please call me and our firm. We perform a wide range of services for our clients from estate planning, medical malpractice, auto accidents, child-injury, franchising, business development to criminal law and family law. No matter what the issue, we are your one stop shop to help you and you will feel the difference!

In a Florida Times Union article this week, summer visitation/timesharing was a topic of the article, " 'Summer switch' under way for divorced parents, kids", which quoted our attorney, Lenorae C. Atter, on the ins and outs of summer timseharing.
The article focused on the changes for both the children and the parents during the summer months, when visitation alternates from weekends to six (6) week visitation/timesharing. Lenorae Atter added to the article her thoughts on the matter stating, "Atter did the summer switch herself as a child and said problems can arise when kids want to go to camp or other activities in the summer, which can lead parents to feel like “their time” is being infringed upon." She went onto include that timesharing plans and parenting plans work to assist the parties in better communicating with each other and taking the children's interests into consideration as they get older.
Timesharing and parenting plans have been in effect since October 1, 2008, and they are helping parents put the children's needs first in the divorce. A great first step in the way we handle visitation in the future.
Lenorae Atter's reference to "sit back and enjoy the ride" truly is a motto for parents and children to benefit from in the annual time exchange.

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Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

I practice both family law and criminal law at Wood, Atter, & Wolf, in Jacksonville, Florida. In my experience, many times these two areas of law cross one another as either criminal activity causes a divorce or a divorce may cause criminal activity. In either of these situations you need an attorney who is well versed in both areas of legal practice so that you can be given the best representation possible. If a domestic violence situation is causing a divorce and there are criminal implications for the offending party, it is important to hire a practitioner who understands both areas of the law. If drugs have caused a divorce then you need a practitioner who has experience in defending the offending party and who has experience in dealing with substance abuse issues and the collateral damage that comes with a family who has been plagued by substance abuse issues. If a divorce has caused criminal activity such as child abduction or kidnapping, your divorce attorney should have experience in the criminal courtroom as well to best represent the issue in the dissolution.
At Wood, Atter & Wolf, I represent family law clients in divorce, child custody, child support, alimony, adoptions, property distribution and all types of cases but I also have vast experience in the criminal courtroom defending clients accused of misdemeanors from domestic battery to drug charges to felony charges such as kidnapping, armed burglary, armed robbery and sexual crimes. Please call our firm for the help you need and for expert advice.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Well, you've divided up your property, split the bank accounts, decided child custody or time-sharing and on the amout of child support to be paid but who gets the family dog or pet? Oftentimes this big little life is forgotten when dividing up the property in a dissolution and it turns out to be a really big deal in the end when deciding who will get the love of the family. There are no real statutes in Florida that deal directly with what to consider when deciding to whom the pet should go but it has always been my argument that the courts should use the best interests standard that is used in child custody/time sharing determinations. It is apparent that this little innocent life should be treated as any innocent life that can't make decisions for itself. The party who can best provide for the little one and who has shown the most consideration for the animal's best interests should be the party to get the animal at the end of the dissolution. But oftentimes, our furry little loved ones are treated as property and given an economic value in court. If the economic division of property is unequal, the courts may give our furry family member to a party to equalize the value of property distribution. Please think about this when you are in mediation and do not forget to discuss the furry members of your family and how they should be treated in the dissolution process. For more informaton on this issue, please call our firm for expert advice.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Just about the worst thing that can happen to a parent is to have their child abducted. In the course of a divorce case with custody or time-sharing that is at issue, unfortunately, child abduction by a parent can be a real threat and a real reality. There are approximately 200 cases of parental child snatching every year. Sometimes these parents leave the home state of the child or remove the child from the United States altogether. Florida, like most states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which rules that initial child custody determinations should be made by the child's home state. A child's home state is the state in which a child has lived with a parent or guardian for at least six (6) months.

Continue reading " Parental Kidnapping: What To Do To Recover Your Child in Florida! " »

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

So many times I will receive a call from a man who has had a child support order issued against him by a Florida Court where the Department of Revenue, on behalf of the State of Florida, has filed a paternity action against the suspected father and has failed to effectuate proper service on the suspected father. As such, the "father" is not aware of any pending action against him. Normally, the Department will attempt to "default" the father and have the court enter a child support order against him making him obligated for the support of the child without addressing any issues of time-sharing or parental responsibility. Recently, Florida's First District Court of Appeal and the Second District Court of Appeal have ruled that a judgment of paternity cannot be entered as a default on an unadmitted and unproven allegation of paternity. There must be competent, substantial evience in support of the paternity allegation and that must be provided to the court. (Martowski v. DOR) & (Locklear v. Sampson). If you have had a child support obligation entered against you by the Department of Revenue without a hearing, please call our firm to represent you in this matter. We look forward to helping you.

Written By: Lenorae Atter, Jacksonville Family Law Attorney
latter@woodatter.com
Stepparent and Guardianship adoptions in Florida are a growing interest and as a Jacksonville family law attorney, I find the statute only gets the process so far. In handling the adoption, there are many different ways for issues to arise and it is helpful to have someone on your side to walk you through the process.
Nuances have been created throughout the years, not by Florida Statute, but by continuous case law. When dealing with adoption, the last thing a party wants is for someone to be able to come back into the picture claiming to have rights to the child. If you are interested in pursuing an adoption of your stepchild or you are currently the legal guardian for a child and would like to adopt, I advise you to at least consult with an attorney on the matter. Protect the child from the beginning, so no one rears their head in a couple years claiming that the adoption was not done correctly.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.,
wlonker@woodatter.com
In my family law practice in Jacksonville, Florida, I also practice criminal defense. I have seen an increase in the need for cross practicing in these areas with the poor economy and divorce as the issue of domestic violence is popping up more and more in my practice. Divorce is stressful enough in itself but when its coupled with a bad housing market and families facing foreclosure and unemployment, oftentimes, tempers blow. Of course, violence is never the answer and can only heighten the problems. Domestic Violence can lead to arrest, incarceration, loss of finances, probationary tasks such as batterers intervention programs and/or anger management programs. Some of these programs are 26 weeks and an expensive cost for attending. If things are getting to that level in your home or in the home of someone you know, help is out there. Please seek help at The Hubbard House if you live in Duval County or Quigley House if you live in Clay County, Florida. Our firm has a vast experience in handling domestic violence matters in both the family courts arena as well as defending those accused of domestic violence. Please call on us for advice and for the help you need at 904-355-8888.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com
If you are going through a Divorce in Florida, I can tell you that you should live as though were standing at the foot of the cross! Especially if there are children involved and custody is at issue or time sharing is at issue in the case! In this age of social networking, character is easily spied upon. With sites like MySpace, Facebook, Twitter, etc., the internet is the common-man's paparrazi, and the courts and the opposing spouse can discover all kinds of activities of the other spouse that may be relevant in a custody or time sharing dissolution proceeding. Every posting can be relevant in a court of law and can often be used against you. I have used this discovery method myself in several cases and have found the opposing spouse's pictures posted on adult porn websites posed in precarious positions that did not bode well for that spouse in court. So, when you are going through a divorce, it is important to keep things in the privacy of your own home and off of the internet. Do not post comments regarding your spouse or the dissolution proceedings and certainly do not post pictures of yourself in precarious poses or engaging in morally questionable acts. These posts may just end up as an Exhibit in open court. Below is an article regarding social networking posts and using the sites responsibly. If you have a question about a dissolution matter including custody, child support, time sharing, alimony, equitable distribution, paternity, adoption or grandparent rights, please call our firm at 904-355-8888 for the help you need.
http://www.time.com/time/magazine/article/0,9171,1904147,00.html?iid=tsmodule

So often in my family law practice in Jacksonville, Florida, I receive calls from fathers who are not married to the child's mother asking what their rights are in Florida. Many fathers are under the mistaken belief that just because they signed the birth certificate that they are considered to be the legal father of the child. There is a huge difference. The only effect that signing the birth certificate has for a father of a child is to acknowledge paternity. Until a Judge signs an Order directing that the father has parentage over the child, the child is not considered to be an heir of the father. It takes a Judicial Order to give an unmarried man parentage over a child. My firm can help obtain the necessary Orders required for parentage in a paternity/fatherhood issue. Please call us at 904-355-8888 to get the help you need.

Written By: Lenorae Atter, Florida Family Law Attorney
latter@woodatter.com

Going through a divorce in Jacksonville, Florida or its surrounding areas can raise questions involving visitation, child support, alimony, etc. However, what about grandparents and the impact of divorce on them? In Florida, grandparents are not given a statutory right or any other right to the grandchildren, except as decided by the parent(s).
This matter may arise if the parties that are divorcing disagree on the grandparents having visitation, or if one of the parents is deployed, incarcerated or otherwise not allowed visitation with the children. The primary residential parent would be the decision maker for the children in that scenario. Therefore, that parent can determine with the grandparents will actually get any form of visitation with the children. As grandparents, it is best to keep a good relationship with your own child and your child's spouse/exspouse in order to preserve a relationship with your grandchildren.

In Jacksonville, Florida family law, I deal with cases involving children, divorces, support, visitation and custody, and as d a person interested in my work, I find different information helpful. What is most interesting, however, is that there are so many different statistics we can view, pieces we can read on the effects of divorce, societal changes and how they are affected, and multiple other news and information outlets regarding this topic. However, it does not seem like most of the information provided is from firsthand experience and what a child may have witnessed in their broken home(s).
Recently, I was reading an article in the Washington Post on, the book "The Marriage- Go-Round" and how Americans have a higher rate of divorce than any other country in the world. Not only that, Florida has a higher divorce rate than mid-west or western states. The article discusses the whys and why nots and stability's role in our lives. "If you already have a child and you've broken up with the other parent, slow down. Take your time bringing new people into your household." Andrew J. Cherlin, a Johns Hopkins University sociologist.
The issues raised in the book and the article are all factors in considering a "Parenting Plan," which is now a requirement in divorces involving children. It allows you to factor in the many difficult decisions you and your exspouse will be making through your child(ren)'s life. It's important to consider factors in dealing with new relationships and introducing them into your lives. It also allows you to consider birthday, graduations, weddings, etc.

On Father's Day weekend, Governor Sanford was not celebrating with his son, but with his mistress. In Florida divorces, while we recognize adultery as having an impact, we do still recognize "no fault divorce". However, if Florida allows the affair to be acknowledged monetarily what about the consequences with children and visitation/timesharing?
Governor Sanford told his family that he needed a to the Appalachian Trail, but with four sons, the question still warrants whether the children were impacted by an absentee father for a national recognition of the same. Then, to add insult to injury for the children, it came out that Governor Sanford was no where near the Appalachian Trail, he was thousands of miles away visiting his mistress.
While we look to his wife for her response, the children remain the silent victims. I would have to assume, that even a no-fault divorce state, the emotional impact of Governor Sanford's actions will actually play a role in the overall determination of who the children live with and how liberal Mark Sanford's visitation will be.

WHO IS MICHAEL JACKSON'S BABIES' MAMA??? In fact, who is Michael Jackson's babies' father??? News reports have surfaced that neither Debbie Rowe nor Michael Jackson are the biological parents of the three Jackson children. Thus the question arises: Who Will Get Custody of These Children? News reports are stating that Debbie Rowe served as a surrogate mother to the children meaning that her egg was not used in the fertilization of the children nor was Michael Jackson's sperm. Reports are that the children were conceived in vitro using donor eggs and donor sperm. Legally speaking, this really should not make much difference in terms of custody of the children as the children are considered heirs at law of Michael Jackson and his mother will probably be the most likely candidate to gain custody and control of the children and their interests. What this news does do is eliminate Debbie Rowe as a possible candidate for custody of the kids as she served only as an incubation chamber and has no real biological ties to the children. If you or your loved one has a question about custody, paternity, child support or any other issue in Duval, Clay, Nassau or St. Johns Counties, please contact our firm at 904-355-8888 for help in addressing these important complex matters.