Posted On: December 31, 2009

Florida Parental Relocation - What Florida Statute Applies?

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In Florida, parents of children are required to comply with Section 61.13001, Florida Statutes when dealing with a parental relocation with a child. The Florida legislature and Courts recognize that a relocation of a child can be quite traumatic and life changing for both the parent and the child. It is important for parents to comply with the terms of this statute whether the relocation is agreed upon or contested. Parents should always consider the best interest of the child in making decisions including but not limited to relocation. You can read about the details of this statute at the Official Site for Florida Statutes - Section 61.13001, Florida Statutes. Reading this statute and complying with its terms can be quite confusing and stressful for many parents. As such, it is advisable to retain the services of a Jacksonville, Florida Child Custody Attorney in order to make sure that the statute is being complied with and that the best interests of the child are being met.

Posted On: December 31, 2009

New Year’s Resolution: File for Divorce

NewYear.jpgThe holidays are supposed to be the happiest time of the year. But sometimes this joyous season can make people realize that they are not happy with their spouse. The holiday affect is presumed to be the culprit behind the fact that January is often the busiest month of the year for divorce attorneys. But what is it exactly that pushes marriages over the edge in December?

The coming New Year often brings a period of appraisal and reflection on one’s life. Those who have been struggling in a bad marriage may make a New Year’s resolution to give themselves a fresh start. There are also financial issues to be considered; there are tax advantages to finishing out the fiscal year with an unwanted spouse. It may also make it easier to sort out finances with all of the fresh information that becomes available at the start of tax season.

The stress of the holidays may also be to blame. Shopping, running up credit card bills and spending time with extended family can create additional stress on relationships. And of course there is always the office Christmas party, with alcohol increasing the chances for inappropriate behavior that may lead to infidelity.

If the holidays are making you feel like you need a fresh start, you should plan to contact an experienced divorce attorney as soon as possible. A good divorce lawyer can guide you through the difficult decisions that must be made with the sensitivity that you deserve. Please contact our firm for expert, compassionate legal counsel.

Read more about the holidays and divorce at Is Your New Year's Resolution to Get a Divorce?

Posted On: December 31, 2009

Army, Marine Divorce Rates Continue to Climb in Jacksonville, Florida and the Rest of the Nation

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A recent article in the Army Times compared the divorce rates of the four major service branches for the past year. Jacksonville, Florida and the North Florida area serve as bases to thousands of military couples and families. Unfortunately, like many others throughout the country, divorce rates involving Florida service members are quite high. At Wood, Atter & Wolf, we have represented a number of military spouses in issues including divorce, paternity, child support, child custody, and, in some cases, domestic violence.

While the Navy’s divorce rate decreased significantly and the Air Force’s rate remained about the same, both the Army and the Marines reported an increase in divorces among service members. Female soldiers suffered a divorce rate more than two times that of their male counterparts. The total number of divorces for all services combined was 27,312 out of nearly 800,000 married soldiers on active duty. This 3.6 annual divorce rate is a full percentage point above the rate measured in 2001, when the US started sending troops to Afghanistan.

The increasing rate is despite efforts by the military to help couples stay together. The military offers programs for struggling couples that focus on strengthening relationships and enriching family bonds. The programs are run by chaplains, mental health officials and family services agencies, and include retreats, counseling, workshops and other programs. A spokesman for the Veterans of Foreign Wars said that when you throw eight years of war and separation into a relationship it has a tremendous impact on the family. Read more of the statistics on military divorces at Military Divorces continue to increase.

If your marriage is troubled, please contact our firm to discuss your options.

Posted On: December 30, 2009

How Divorced Parents Can Ease the Pain And Conflict of the Holidays for their Children

Santa.jpgFor children of divorce, all too often the holidays are not a time of happiness – they are filled with dread, turmoil and chaos. Divorced parents are forced to navigate a range of issues, but it is possible for parents to help reduce conflict and confusion to make the holidays enjoyable for everyone.

For divorced parents, it is important to keep in mind that everyone experiences stress around the holidays. For divorced families, sadness is also a common emotion around this time of year, as people naturally remember holidays gone by. Add to this the holiday letdown when the credit card bills and tight pants rear their ugly heads in January, and you have a real recipe for disappointment and sadness.

The single most telling factor in how smoothly the holidays will go for children is how well their parents have adjusted to their new lives and to their parenting plans. Having two family celebrations can be great fun for kids – if their parents handle it well. This includes having realistic expectations about how much time the child will spend with each parent, not trying to outdo each other with gifts, and not making the child decide where to spend the holidays – this will only make the child feel guilty.

The best approach is to clearly outline the day’s plans well ahead of time, including discussing and dividing the child’s wish list. Parents need to keep in mind that competing for a child’s love with material gifts only confuses and spoils them. Get more tips for a happy holiday by visiting Children, Divorce and the Holidays; How to Make the Best of a Stressful Time.

Divorced parents should determine where the children will celebrate each holiday, in writing, with the assistance of a divorce lawyer. If you are negotiating a parenting plan, please contact our firm for expert legal counsel.

Posted On: December 29, 2009

Two Time Victim of Domestic Abuse Turns Her Life Around

College.jpgMechelle Seals had very low self esteem and very little experience with men when she met her first husband. After a year of marriage, however, a fight ended in the man throwing Ms. Seals to the ground and threatening their four month old daughter with a gun. Her second husband verbally abused her, and was convicted of sexually abusing her mentally handicapped daughter.

She recently explained why she stayed with both of these men, what prompted her to leave them and how she has turned her life around. She says that the abuse in her first marriage started very gradually, first with little insults and nags, then accusations of infidelity. The first time he hit her, he had been drinking and she forgave him – she believed she could help him change. The second time he got physical with her, he held a gun to their child’s head and told her to get out. She managed to escape with the child. They eventually divorced and Ms. Seals moved to Florida to get a fresh start.

About ten years later she met and married her second husband. She still had low self esteem, and she fell for the man because he paid attention to her. Soon after the wedding, the man began verbally abusing her and her now twelve year old daughter, who has an IQ of 65. A few months later, the girl knocked on a neighbor’s door and reported that her step father had been sexually abusing her. Ms. Seals divorced her husband while he was in jail awaiting trial.

Ms. Seals has since enrolled in the Southwest Florida College criminal justice program. She hopes to use her experiences to help other victims of domestic violence. She says that her self esteem is very high, but she understands why women go back to their abusers; “We, as women, still have a sense of love for our abusers and that’s hard to shut off.” Find out more Ms. Seal’s journey to healing from domestic violence at Mechelle left two men who hurt her child.

If you are a victim of abuse, please seek help immediately and then contact our firm for expert, compassionate legal counsel.

Posted On: December 28, 2009

Charlie Sheen’s Wife Ready to Separate after Celebrity’s Christmas Arrest

DivorceWar.jpgFamous actor Charlie Sheen was arrested on Christmas day for an alleged assault on his wife, Brooke Mueller. But Sheen’s manager has told reporters that the couple is working out their differences amicably and has no plans to divorce. Other sources have reported that Mueller wants a separation. She has taken out a restraining order against her husband, and was recently seen vacationing without him. But she is also reportedly under a lot of pressure to change her story of the events on Christmas day; Sheen has a lot to lose and could face prison time if convicted.

The holidays can be a particularly stressful time for couples who are already not getting along. Of course, violence is never the answer – it is a crime. Sheen is entitled to his day in court. If he is found guilty of the domestic abuse charges, his fans can only hope that he gets the counseling he needs to stop abusing his partner(s). Read more about the arrest and the conflicting stories about a possible divorce at Charlie Sheen Doesn’t Want a Divorce.

If you have been a victim of domestic violence, please seek help immediately, and then contact our firm for expert, compassionate legal counsel.

Posted On: December 25, 2009

London Divorce Firm Offers “Divorce Vouchers” Just in Time for the Holidays

GiftCard.jpgA London law firm is offering an unusual gift option this year; interested parties may purchase Christmas gift vouchers, good toward a half hour consultation with one of the firm’s divorce lawyers. Lloyd, Platt & Company usually charges 325 pounds an hour, but is offering the gift vouchers at a discounted rate of 125 pounds for a half hour. The firm reports that they have been swamped with inquiries since they announced the gift vouchers in mid December. They have sold more than sixty. A firm spokesperson said they were amazed at the huge response to the vouchers.

The Church of England called the vouchers “sad,” saying that divorce is a private matter and a session with a divorce attorney is not really suitable as a gift. But interest in the vouchers could continue to soar as the holidays get underway. Christmas is a particularly stressful time for families, and the number of people seeking counsel with a divorce attorney peaks in January. Read the full story about these unusual Christmas gifts at Happy Christmas honey - here's a divorce voucher.

Wood Atter and Wolf does not sell divorce gift vouchers, but if you are considering divorce, please contact our firm for divorce counsel and advice.

Posted On: December 24, 2009

South Carolina First Lady, Jenny Sanford, Files for Divorce

StateLaw.jpgLast June, South Carolina Governor Jim Sanford made national headlines when he took off for a secret rendezvous with his Argentinean mistress while telling staff he was hiking in the Appalachian Mountains. His wife of twenty years, Jenny Sanford, reports that she has actually been aware of the affair since last January, when she discovered a letter her husband had written to his mistress. Sanford then repeatedly asked his wife for permission to visit the other woman in Argentina.

After many attempts at reconciliation, Ms. Sanford finally filed for divorce. Her decision came just days after the state senate nearly recommended the removal of her husband from office for the clandestine trip, and just one day after Sanford told reporters he hoped they could reconcile. Ms. Sanford has said that she will work hard to keep the divorce civil for their entire family, which includes four school age sons.

When a partner cheats, it can be absolutely devastating to a marriage, especially when the indiscretion is so public. For the wronged partner, the decision is complicated by feelings of not wanting to look like a fool in front of the public. For Ms. Sanford’s part, she has said that her husband’s actions reflect poorly on him and that they have not damaged her self esteem. Sanford will be the first South Carolina governor to divorce while in office. Find out more about the Sanfords’ divorce and the events leading up to it at SC first lady wants divorce in wake of affair.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Posted On: December 23, 2009

New Jersey Father (David Goldman) Waits to Find out If Son Will be Returned From Brazil

Custody.jpgDavid Goldman of New Jersey has been battling for nearly five years to have his son Sean returned to him from Brazil. The boy was taken to Brazil by his mother, Bruna Goldman, for a two week vacation in 2004; the two never returned. While in Brazil she divorced Goldman and married an influential Brazilian attorney, Joao Paulo Lins e Silva. Ms. Silva died in childbirth last year, leaving Sean to live with his step-father.

Earlier this year, both secretary of State Hillary Clinton and President Barack Obama became involved in the case, convincing Brazilian authorities to move the case to the federal courts. The federal court ruled that Goldman should be awarded custody of his child, but Sean’s Brazilian family has appealed the decision. Now it is up to Brazil’s Supreme Court. The case will hinge on whether the court finds that the Hague Treaty, which upholds Goldman’s parental rights, is legally enforceable under Brazil’s constitution. Brazil and the US are both signatories to the Hague Treaty. A US lawmaker has planned to introduce a bill that would impose trade sanctions against Brazil until they honor the treaty’s provisions for international child abductions. Find out more about this five year long international custody battle at Brazil custody battle hangs in balance.

Any child custody dispute requires the services of an experienced family law attorney. Please contact our firm for expert legal counsel.

Posted On: December 22, 2009

Domestic Abuse; Why do Some Women Return to the Person Who Battered Them?

Divorce2.jpgMany people wonder why an abused woman would return to her abusive partner after leaving. According to therapists who treat such couples, reconciliation is quite common. Steve Stosny, the founder of CompassionPower, an anger and violence management program that treats individuals convicted of domestic abuse, discussed the phenomenon in an interview recently.

According to Stosny, victims of domestic abuse will leave their partner out of fear, anger, or retribution. But once those strong feelings start to fade, they feel guilt, shame, and anxiety – and those feelings can send them right back to their abusive partner. There is an emotional bond that is hard to break. Once the victim returns, there is often a honeymoon phase where the abuser apologizes and promises never to lose his temper again. But without therapy, the honeymoon doesn’t last.

Other professionals point to fear of change as a reason why a woman wouldn’t leave. A wealthy woman might not want to lose her lifestyle and for a poor woman, leaving might mean she has no way to support herself. In other cases, the man guilts the woman into staying by saying he will kill himself if she leaves.

All of the professionals agree that much counseling is needed for both parties to heal. They also agree that it is unusual for a couple with an abusive past to successfully reunite without falling back into abuse, but it can happen if the couple goes through intensive counseling. Find out more about why abused women go back to their abusers at Why some women go back to their abusers.

If you are a victim of domestic abuse, please seek help immediately, and then contact our firm for expert, compassionate, legal counsel.

Posted On: December 21, 2009

Nevada Governor Jim Gibbons and Wife, Dawn Gibbons, Agree to Divorce Negotiations

StateLaw.jpgGovernor Jim Gibbons of Nevada and his wife, Dawn Gibbons, have been involved in a very public divorce. But they recently agreed to suspend further action in the case so that they could negotiate a few issues surrounding the divorce. One of the biggest issues has been that Gibbons moved out of the Governor’s mansion and into the couple’s home in Reno, leaving Ms. Gibbons to live in the mansion. The Nevada residents are not happy and point to state laws that require the Nevada Governor to live in Carson City, and that require the Governor’s mansion to be the home of the “state executive.” Under the latest agreement, Ms. Gibbons will move into a guest house of the Governor’s mansion, and Gibbons will return to the home as its primary resident.

Gibbons has requested that the divorce be sealed and kept private; under Nevada law his request for a closed divorce hearing has been granted. But Ms. Gibbons is fighting him on making the issue private, and has filed a motion to open the case, saying that the privacy law does not apply to public figures. You can read more about the divorce of the Nevada Governor and first lady at Gibbons divorce on pause.

Of course, people who are not well-known public figures may want to keep their financial documents and dirty laundry out of the public domain, too. In the state of Florida there are ways to keep a divorce settlement confidential. Our law firm knows how to keep divorce proceedings confidential in Florida. If you want to keep the details of your divorce, private, contact our firm for legal counsel.

Posted On: December 18, 2009

How to Change Your Name in Florida after Divorce

NameChange.jpgA recent article in the Orlando Sentinel helps women with limited incomes learn how to change their names back to their maiden names without the help of a lawyer. But before changing one’s name, a person should think long and hard about the consequences. For example, those who hold professional licenses or run a business may face a lot of paperwork to get their name changed on these documents. Other documents that will need to be updated include social security cards, driver’s licenses, banking and retirement accounts, credit cards, loans, voter registration, and security clearances. A women should also consider the confusion and problems that might be caused if her new name is different than that of her children. On the plus side, changing back to a formerly held name does not require the criminal background checks required for applicants who want to change to a new name.

If a woman does decide that changing her name back to her maiden name is the right choice, Florida statute will point her to the proper procedures, and the Clerk of the Circuit Court has a staff to help those who do not have legal representation. Of course, while changing you name might not require the services of an experience family law attorney, the intricacies of the divorce itself certainly do. Please contact our firm for expert divorce legal counsel. You can read more about chaning back to your maiden name at There's help to change name — but think twice.

Posted On: December 17, 2009

Palm Bay, Florida – Man (Christopher Alan Lynch) Holds Estranged Family Hostage

PoliceCar.jpgChristopher Alan Lynch of Palm Bay Florida, was reportedly angry about learning that his estranged wife had found a new boyfriend, and responded by holding the woman and their two children, aged eleven and fourteen, hostage at gunpoint. Police were alerted to the incident by a 911 call from the woman’s new boyfriend. The Palm Bay SWAT team was called out to the house.

The wife managed to escape around midnight and the children escaped sometime later; Lynch was apparently falling asleep intermittently. He surrendered to police in the early morning hours. He appeared to be under the influence of alcohol or narcotics, and was taken to the hospital. He has been charged with false imprisonment, child abuse, aggravated assault with a firearm and battery by strangulation. Police reported that they had been called to the house about domestic violence when the couple was still living together but that the wife had not pressed charges.

Even though this couple was not together any longer, people can become very irrational when they are hurt or angry, especially if they are using drugs or alcohol. It happens all too often that a former husband or boyfriend becomes violent when he learns that his former partner has moved on without him. If you are the victim of domestic abuse, you should seek help immediately, and then contact our firm for expert legal counsel.

Read all the details of this terrifying standoff at Father's arrest ends standoff in Palm Bay.

Posted On: December 16, 2009

St. Petersburg, Florida – Father (Paul Martikainen) Allegedly Abducts Son (Luke Finch) in Custody Battle

Sailboat.jpgAccording to authorities, Paul Martikainen kidnapped his three-year old son, Luke Finch, escaping in a sailboat. Cocoa Beach police have reported that witnesses saw the two get into a 32-foot Bristol sailboat at Salt Creek Marina in St. Petersburg, Florida. They said the boy did not seem scared. Acquaintances of the man are worried about both father and son, saying that Martikainen has no sailing experience. According to other boaters at the marina, it is impossible for one person to sail a boat and watch a child at the same time, even for an experienced boater.

Martikainen purchased the boat less than a month ago, saying that he was buying it for someone else, and was going to fix it up and then transport it to Arkansas; he appeared to be living in the boat while he was working on it. Martikainen had further drawn attention to himself around the marina by asking other boaters how to tie different types of sailing knots. Some of the other boaters encouraged him to take sailing lessons after he told them he was going to take the boat out after Thanksgiving.

Luke was reported missing during a supervised visit with his father. He apparently slipped away from the court-appointed supervisor while they were hanging out in a Cocoa park. The supervision was ordered because of earlier allegations that Martikainen was abusing the child. An Amber alert brought in tips that helped police track Martikainen’s vehicle to the marina. Authorities believe the abduction was planned, noting that Martikainen had painted the boat gray, both to cover identifying marks and to make it hard to spot in the ocean.

Police are asking anyone with information on the missing boy to call 321-639-7620 or 911. Read more about the details behind the abduction at At St. Petersburg marina, boaters worry about father, son.

Parents going through a custody battle do not have to do it alone. Please contact our firm for expert Family Law help and advice.

Posted On: December 15, 2009

Orlando, Florida – Tiger Woods Car Accident Alleged to Have Been Sparked by Domestic Dispute

Confidential.jpgTiger Woods has cancelled at least three scheduled meetings with the Florida Highway Patrol to discuss the car accident he was involved in early Friday morning, the day after Thanksgiving. He is not required by Florida law to talk to police about a traffic accident under investigation. But he has spoken to reporters in an attempt to dispel rumors that the accident happened in the middle of a domestic dispute with his wife, Elin Nordegren.

According to a prominent Hollywood news website, TMZ, the fight was sparked by Woods’ alleged affair with another woman, Rachel Uchitel, who has denied the relationship. Woods and Ms. Nordegren started fighting after the National Enquirer printed a story about his alleged affair with Ms. Uchitel. He reportedly told a friend that Ms. Nordegren attacked him during the argument, scratching his face and chasing him out of the house and down the driveway with a golf club.

Some have speculated that he is putting off meeting with police to allow the scratches on his face to heal so that his wife will not be arrested for domestic violence. Florida law does allow police to intervene in a spousal abuse case against the wishes of the parties involved.

But in his public statement, Woods stated that “the only person responsible for the accident is me.” The official police report reveals that alcohol was not a factor in the accident, and states that Ms. Nordegren broke the back window of the car with a golf club in order to free Woods from the car.

Ms. Uchitel responded to the rumors of an affair by saying that “despite it being completely untrue, it still must have certainly caused some problems at home.” You can read more about the accident and what allegedly led up to it at Tiger Woods Talks of Mystery Crash for The First Time.

A suspected affair can often spark an argument that leads to divorce. If your marriage is in trouble, please contact our firm for expert, compassionate legal counsel.

Posted On: December 14, 2009

Florida Celebrates National Adoption Awareness Month with High Marks for Placing Foster Kids

Adoption.jpgNovember is National Adoption Awareness Month, and to celebrate, Floridians all across the state will gather at special ceremonies and community events. And Florida residents have a lot to celebrate; Florida has been recognized nationally for its success in placing foster children in permanent homes.

The success of the program is attributed to a federal funding program that allowed Florida child welfare workers to focus services on at-risk children. Florida has used the funds to provide services such as parenting classes, counseling, mentoring and enhanced support for relative adoptions. The program has reduced the number of children living in foster care and group homes by a third and has cut the re-abuse of children in half. The resulting reduction in caseloads has allowed child welfare workers to focus on getting foster kids adopted, which they have done in record numbers as well.

The program does face some problems going forward. Across the board state budget cuts could mean that Florida will fail to meet minimum state funding requirements to qualify for the federal program. And whether or not Florida makes the funding cut, the program will expire in two years. Find out more about Florida’s foster kids at Celebrate adoption.

The adoption process for anyone is delicate, and it is important to look at all aspects of your decision. Having someone leading you through it all can be helpful and make the process much easier to understand. If you are considering adoption, please contact our firm for legal assistance.

Posted On: December 11, 2009

Hollywood Movie Inspires “Divorce Tourism” Industry in India

TajMajal.jpgThe short-lived comedy “Couples Retreat” follows four American couples who travel to a tropical island to rekindle their marriages. Some enterprising Indian travel agents saw the movie and decided to start promoting divorce tourism packages for Indian couples. The package includes an exotic getaway and the services of a marriage counselor. Indian couples are usually unaware that they are on a divorce tour – the packages are usually paid for by a concerned friend or relative, and the marriage counselor pretends to be a travel guide with a lot of wise insight into marriage.

Probably because divorce is considered shameful in India, the country has one of the lowest divorce rates in the world, around 1%, compared to 50% in the US. But divorce is becoming more common between young urban couples, sparking a cottage industry of legal help and divorcee dating services. The new tourism promotion is expected to provide a small bump to Indian tourism, which has suffered from a bad economy, terrorist attacks, and now the H1N1 (swine flu) virus. Other specialty tourism packages offered by enterprising Indian travel agents include medical tourism, religious journeys, and even a “Slumdog Millionaire” tour of Mumbai’s shanty towns. Find out more unusual Indian tour packages at A New Indian Travel Fad: "Divorce Tourism".

If your marriage is headed for divorce, please contact one of our expert Family Law Attorneys for legal counsel.

Posted On: December 10, 2009

Study Finds that Without Community Support, Low Income Abused Women are Likely to Return to Abuser

SadWoman.jpgA recent study published in the Psychology of Women Quarterly paints a bleak picture for low income women who are subject to abuse. Even those who seek help for domestic violence issues suffer from depression, post traumatic stress disorder (PTSD), and have to deal with stressful issues like child custody and child support, unemployment and finding affordable housing. Their situation has driven many of these women to return to their abusive partner.

The study points out that most domestic violence programs are focused on getting the woman away from her abuser and starting the legal proceedings to protect her and legally dissolve the relationship if necessary. Very few offer counseling, guidance or follow up to see how the women are doing after they leave. The researchers recommend that programs be offered for these women that provide housing opportunities, job training, transportation and child care so that they do not feel forced to return to their abusive partner because they have nowhere else to go. You can read more about the study findings at Nancy Hengeveld: Without support, battered women often return to their abusers.

If you are involved in an abusive relationship, please seek help for yourself, and then contact one of our Family Law Experts for compassionate legal counsel.

Posted On: December 9, 2009

Fort Lauderdale, Florida – Man (Francisco Rodriguez) Ordered to pay over $10,000 in Child Support for Someone Else’s Daughter

DNA.jpgFransisco Rodriguez is married with three children of his own. According to the state of Florida, he is also legally the father of the fifteen year old daughter of an ex-girlfriend, even though DNA tests and the girl’s own mother have confirmed that Rodriguez is not her biological father. He reportedly owes more than $10,000 in back child support, and he has already spent a night in jail because of it. The girl’s mother has written to the state asking them to not require Rodriguez to pay the child support.

Rodriguez is legally on the hook for the child support payments because the mother named him on the birth certificate and he claims he didn’t receive notification until about 4 years ago – after the deadline to contest paternity had passed. By that time a Florida court had already legally named him as the father three years earlier when he failed to appear in court. Rodriguez says he never received the notices because he changed addresses quite a few times. In light of the new information, the court has ordered its own DNA test, which Rodriguez has taken. The girl and her mother did not appear as ordered for the DNA test.

In the case of paternity, lawmakers and the courts struggle to strike a balance between the rights of all parties involved. Some groups even go so far as to suggest that DNA tests at birth should be mandatory in order to avoid later legal battles. If you are involved in a child custody or paternity issue, please contact our firm for expert legal counsel.

Find out more about paternity laws in Florida and around the country at Florida man owes $10,000 for child who's not his.

Posted On: December 8, 2009

Spring Hill, Florida – Desperate Father (Samad Nesser) Tries to Prevent Ex-wife from Taking his Son to France

Plane.jpgSamad Nesser has tried every legal avenue to prevent his eleven year old son from being taken to France to stay with his mother and her new husband. According to Nesser, his ex-wife has allowed his son to be abused by the new husband, and suffers from sleeplessness and chest pains whenever he returns home from staying with them. Nesser is an American citizen, but his wife is not. The husband, a French citizen, used to live in Palm Beach, Florida, where he was the subject of a restraining order after allegedly breaking into his girlfriend’s home and hitting and pushing her and her elderly mother to the floor. Nesser claims that this same man locked his son in an attic and threatened to kill him.

Judge Daniel Merrit Jr. has refused to grant requests for a guardian ad litem for Nesser’s son. A guardian ad litem would spend time with the child to determine what that child wants and what is in his best interest. Merrit has also refused to let the child testify in court, and the records of the child’s counseling sessions have not been admitted due to what Nesser claims are stalling tactics on the part of his ex-wife’s attorney. At present, there is no way for Nesser to stop his ex-wife from taking their child back to France with her.

According to Florida law, when two parents have a child in Florida, they maintain their rights no matter where they might move later on. Those rights are recognized regardless of citizenship. If you are involved in a child custody battle, please contact our firm for legal assistance.

You can read more about Samad Nesser and his battle to protect his son at Concerned father: Don't let my son go.

Posted On: December 7, 2009

New Book Designed to Help Kids Deal with Divorce

ChildofDivorce.jpgDallas advertising executive, Bill Cochran, has written a book that he says he hopes will help children deal with the divorce of their parents. The book is called My Parents Are Divorced, My Elbows Have Nicknames, and Other Facts About Me. Cochran writes with a straightforward, yet humorous style. The book follows Ted, a kid whose parents are getting divorced, as he talks about his life and his feeling related to the divorce.

Cochran is himself a child of divorce, and he says he wrote the book by trying to imagine what would have helped him feel better when his own parents were getting divorced. You can find out more about Cochran and his new book at Dallas author Bill Cochran helps kids learn to cope with divorce in new book.

Divorce is a difficult time for the whole family. When children are involved, counseling or therapy can be a very effective way to help them deal with the emotions they are going through. If you are considering divorce, please contact our firm for expert legal counsel. We can also refer you to a highly regarded local counselor or therapist for yourself or your children.

Posted On: December 4, 2009

Women More Than Six Times More Likely to Divorce Than Men When Diagnosed With Cancer or Multiple Sclerosis (MS)

Ill.jpgAccording to a recent US study, women who are diagnosed with either cancer or MS are six times more likely to become divorced or separated as a result of the diagnosis than a man in the same position would be. Earlier research had suggested a similar trend, showing that female cancer patients have a divorce or separation rate of 20.8% compared to 2.9% for male cancer patients.

The studies show that female gender was the strongest predictor of a marital rift after a devastating health diagnosis. They found that women who were left during treatment were more likely to become depressed, spent more time in the hospital, and were less likely to complete their radiation therapy.

Researchers attribute the gender gap to men’s inability to quickly adjust to the responsibility of caring for the sick person, along with their family and home. The study was prompted by neuro-oncology doctors who noticed that their female patients were much more likely to end up alone. The doctors believe that early intervention and counseling may help save some of these marriages, which would in turn improve the prognosis for affected patients. You can read more results from the study at Men more likely than women to leave partner with cancer.

If you are considering divorce, please contact our firm for compassionate legal counsel.

Posted On: December 3, 2009

Understanding Spousal Support

MoneyvLove.jpgIf you are considering a divorce, you may be entitled to, or you may be ordered to pay spousal support to your former spouse. What does that mean? Spousal support, also referred to as alimony, is money paid to one spouse by the other in order to support the first spouse’s lifestyle after the divorce.It is completely separate from child support. Alimony is only ordered in about ten percent of divorce cases. Permanent alimony awards are largely a thing of the past; most courts will only award temporary spousal support, lasting from a few months to a few years.

While different states have different laws when it comes to alimony, it is usually awarded to a person who did not work outside the home during a marriage. Most states require the potential recipient to demonstrate financial need. Those with savings or assets sufficient to support themselves will generally not receive alimony. Prenuptial agreements may also spell out what spousal support will be awarded.

Federal law requires equal consideration for both men and women when awarding spousal support, but women have largely been the recipients of spousal support after a divorce, mainly because the majority of non-working spouses have traditionally been women. But there is nothing stopping a stay-at-home husband from collecting alimony in a divorce settlement.

Divorce is difficult, both emotionally and financially. Spousal support can make life a little easier for someone who has been out of the workforce for awhile. If you believe you are entitled to spousal support, or if you have been ordered to pay spousal support, you will need the help of an accomplished family law attorney. Please contact our firm for expert legal help.

Find out more about spousal support / alimony at What is Spousal Support?

Posted On: December 2, 2009

Warren County, Ohio Court Bans Mother (Racheal Hill) From Smoking Near Her Child

NoSmoking.jpgVictoria Anderson, now aged 9, has lived with her paternal great grandmother, Marilyn Anderson, in Dayton, Ohio since she was an infant. She has gotten “parenting time” during those years with both her mother and father. Ms. Anderson objected to Ms. Hill smoking around the child during her visits, and the Warren County court ordered all parties to protect the child from second hand smoke. The Ohio 12th district court of appeals has upheld the ruling, using judicial notice to conclude that second-hand smoke is dangerous to children. Taking judicial notice was unusual in this case, because neither of the parties presented proof in court, rather the court recognized an "avalanche of authoritative scientific studies" that show second-hand smoke poses a health danger to children. This decision could now apply to many Ohio children involved in child-custody or visitation cases.

Cases like this pit a parent’s right to smoke against a child’s right to breathe fresh air. But courts have typically decided these types of cases in the best interest of the child, rather than focusing on who has the right to do what. According to non-smokers’ rights group, Action on Smoking and Health, eighteen states have ruled that smoking near a child is a factor that should be taken into consideration when deciding custody.

Find out more about what the courts have to say about smoking and other hazards at Court bans mom from smoking near child.

If you are involved in a child custody battle, please contact our firm for expert, compassionate legal counsel.

Posted On: December 1, 2009

Alex Sink, Democratic Candidate for Florida Governor, Supports Gay Rights to Adoption

Adoption.jpgAlex Sink is the chief financial officer of Florida, and considered the leading democratic candidate for governor of the state. She recently addressed 300 attendees at a gay rights group fundraising dinner, telling them that she believed homosexuals should be legally allowed to adopt children, as long as it is in the child’s best interest. She said that judges should determine what is in a child’s best interest on a case by case basis. Florida is currently the only state to explicitly ban homosexuals from adopting.

Ms. Sink's opponent, Republican Bill McCollum, has said he would defend Florida’s ban on gay adoption. The debate comes at a time when a state appeals court is considering the case of a gay man in North Miami who wants to adopt his two foster children. The race between McCollum and Ms. Sink is considered close. Find out more about how gay issues are affecting the race at Sink backs adoption by gays, lesbians.

Any adoption will require legal pleadings, documents and proper notice. The adoption of a child is an important decision that should be handled with the services of a family law attorney to make sure procedures are followed correctly. If you are considering adoption, please contact our firm for expert legal support.