Jacksonville Divorce Lawyer Blog

Florida paternity is established by marriage or the Court, not by signing a Birth Certificate. A Birth Certificate does nothing more than give the presumption that you are, in fact, the father of your child. If you are not married to the mother ( at least 10% of couples living together are not married), then the Court does not recognize you as the baby's daddy.
To establish your rights to the child, it is important that you speak with an attorney so that your child does not grow-up without you. What you need to ask your attorney:
1. How do I file a Petition to Establish Paternity?
2. Do I need to take a Paternity test?
-- This is dependent upon whether the parties agree with each other, if there is reason to believe you are not the father, or if another man is listed as the father on the birth certificate.
3. How is Florida child support determined?
4. How is visitation determined?
-- Florida now has a timesharing plan that needs to be filed with the Court. This can be visitation that ranges from every-other-weekend to 50% of the time, if not more.
5. Is there a way to do this with the Mother agreeing?
-- If you and the mother can work an agreement on a number of the issues, it still needs to be formalized with the court. However, you can file a consent agreement, meaning you both agree to the above issues regarding your child.

According to Lt. Derrick Lewis of the Jacksonville, Florida Sherriff’s Office, a man named Rico McMillan was allegedly engaged in a domestic dispute with his girlfriend when he began battering her and threatening her with a gun in front of their three children. He later barricaded himself inside the home, which is on Pasco Street in downtown Jacksonville, just a few blocks from Jacksonville Municipal Stadium. He apparently allowed the woman and children to leave before he barricaded himself into the house; they were not inside when police arrived.

Just after midnight, the SWAT team arrived and became engaged in a standoff with McMillan. Eight hours later, the standoff finally ended and police were able to enter the house and arrest McMillan without incident, just as the Gate River Run was getting underway a few blocks away. He has been charged with a single count of aggravated battery.

People involved in a relationship can become very irrational when they are angry. All too often that anger can explode into violence. Even though no one was injured in this domestic violence incident, the possibility was certainly there for someone to get hurt or even killed.

If you are the victim of domestic abuse, you should seek help immediately, and then contact our Jacksonville, Florida divorce law firm.

Read more about this incident at Law & Disorder: SWAT team ends 8-hour standoff.

In the state of Florida, if a parent has been convicted of misdemeanor, first degree or felony domestic abuse charges, the judge may rule that it is not in the child’s best interest to award custody or visitation rights to that parent. The same is true if the parent is in prison for a crime that would warrant terminating parental rights. If a parent is denied parental responsibility by the courts, he or she has the right to ask a judge to consider evidence that might prove that it would not harm the child to allow the parent custody or visitation rights.

If the parent has not been convicted of a domestic violence or child abuse offense, the judge will generally consider evidence of abuse, even if the accusing party has never filed an injunction for protection from domestic violence against them. The judge will use the evidence to determine what type of parental rights the alleged abuser is entitled to.

If an abusive parent is awarded visitation rights, the other party may request that the visits be limited or supervised. It will be up to the judge to decide whether or not the abuser represents a risk to the child or the other parent that warrants supervised or restricted visitation.

If further violence does occur, the other party may still apply for an injunction for protection against domestic violence. Read more about Florida statutes that pertain to child custody at Can a parent who committed violence get custody (parental responsibility) or visitation (time-sharing)?

If you are involved in a child custody battle, please contact our Jacksonville, Florida law firm for legal counsel.

A Jefferson City, Missouri woman, Terri Chilton, has been arrested and charged with first degree endangering the welfare of a child. The victim was her own one year old granddaughter, whom Ms. Chilton allegedly fed blood thinners in order to make the child ill.

Ms. Chilton reportedly engaged in a series of actions designed to make the girl’s parents believe that she had ingested rat poison. She has claimed that she committed these acts in the hopes that the child’s illness would prompt her parents to reconcile; their marriage was reportedly in trouble and the two are in the process of getting a divorce.

The poisoning caused the child to bleed uncontrollably from her mouth, nose and two minor scratches. She survived the bleeding, but it is unclear if there was any permanent organ damage caused by the blood thinners.

Ms. Chilton has been charged with these crimes but is innocent until proven guilty. That anyone, especially a relative, would intentionally feed poison to a small child is unthinkable.

Find out more about this topic at Terry Chilton, 41, Accused of Drugging One-Year Old Granddaughter With Blood Thinner.

Mechelle 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.

Christopher 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.

According 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.

Samad 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.

Recently, a married Scottish couple lost custody of two of their children after failing to comply with Scottish social services’ warnings to reduce the children’s weight. A woman in South Carolina has also lost custody of her son and is facing criminal child neglect charges after the child’s doctor reported concerns about his weight to social services. There have been several other similar cases in the US and Canada. The public may not have heard about the growing number of cases because of child privacy laws.

Many states are now considering the obesity of the children post divorce in modification actions. A modification is a change to any final divorce judgment and is based on a substantial change in circumstances of either party since the entry of the final judgment. If the final judgment grants custody to the wife and two years later the kids are 300 pounds, the courts COULD change the custody to the father if the court finds that it is in the best interests of the children to change the custody and if the courts find that the weight of the children is now a substantial change in circumstance. Now, obesity of the children could be one of the considerations in a change of custody issue and is an interesting legal argument to keep an eye on.

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

Find out more on the issue of childhood obesity at Should Parents of Obese Kids Lose Custody?

Written By: Lenorae C. Atter
Family Law Attorney, Wood, Atter & Wolf, P.A.

In Putnam County, Florida Haleigh Cummings went to bed on February 10, 2009 and has not been seen since. The last person to see Haleigh is Misty Croslin Cummings, who was babysitting the night of the disappearance and soon thereafter married Haleigh's father. Now, the couple is divorcing and blaming the stress of Haleigh's disappearance as the reason. However, most people remain skeptical at this idea.
In Florida, there is a Husband-Wife privilege that gives spouses the ability to claim the privilege in court when their confidential conversations are questioned. This is a privilege because there is a strong public policy that spouses should be able to speak openly and honestly with one another. There was speculation that this privilege led to the marriage of Misty and Ronald Cummings after Haleigh's disappearance. Now that they are divorcing many are wondering if it means Ronald knows more about Misty Cummings's involvement in the disappearance of her stepdaughter. However, the privilege attaches even after the marriage has ended.
More on this issue tomorrow regarding the Husband-Wife privilege in cases involving crimes against children of either spouse.

latter@woodatter.com

In Jacksonville, Florida, as a family law attorney, I receive questions about terminating parental rights. This is not an easy process since there are many protections in place for parents. I will probably do a series of blogs on this topic in order to cover each area, but we will start with the consent and agreement of both parties.
If a parent would like to terminate his/her parental rights, then there are certain things that must be in place. The following would be required:
1. There is another person to take the role of mother/father both emotionally and financially.
2. The parent is doing so knowingly with full understanding and willfully.
3. The termination is in the best interest of the child.

If these things are met, then the Court may grant termination of parental rights. The difficulty is, this does not alleviate child support that may be due from years of nonpayment. If a parent owes child support arrearages (back child support), then the termination of their rights does not alleviate or diminish the back child support to be paid.
The only time that can go away is if the other parent (non-terminating) is willing to forgive any and all arrearage. However, if the payments were through the state's Department of Revenue, then even agreeing does not end the State's interest in collecting that money on behalf of the Child.
If this is something that you are interested in pursuing, it is best to work with an attorney on this matter whether your are the one terminating or the one requesting termination.

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

In Florida, there is a relocation statute if you are moving with a child. As a Jacksonville divorce and family law attorney, I realize that not everyone understands that moving may require court action. Relocating for a job, marriage or any other reason? If you have a child and looking to move, then you may have to file a Petition for Relocation with the Court.
Florida law has a Relocation Statute, which requires that a relocation petition be filed with the Court if you are planning on moving, with your child, 50 miles or more away from your current residence. This is required if the move or relocation is for more than 60 days.
Filing a petition for relocation also requires that the other parent is served with the papers and (s)he has 20 days to file an objection. If an objection is not filed within that time period, then the Court will assume the move is in the best interest of the Child.
If the other parent will agree to your relocation, then you can file an agreement with the Court. The catch is, there a number of provisions within the Relocation Statute that must be met or you could face contempt, the Court can require you to return, and the Court may go so far as to change the primary residential parent.

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 have clients that are facing huge changes in their life whether it is from divorce or determination of paternity. The majority have never been a parent or have never been a single parent. In addition, some have jobs that have taken them from their children. The solution may be in a service being offered by Ronnie Cage, who has a Master Trainer Certification in the “Fatherhood Development” Curriculum from the National Partnership for Community Leadership. I had the pleasure of speaking with him and finding out that he coaches fathers on how to become dads to their kids whether for the first time or the first time in a long time.
Mr. Cage has found his calling in helping individuals learn, mainly fathers, to be better communicators, listeners and parents. It's a service we could all benefit from in our lives, but we can't often find the recipe to make the proper parent pie. Mr. Cage, and others in his field, may be the missing cookbook to better parenting.

Written By: Lenorae C. Atter

Collaborative action for divorce, child support, visitation, alimony and other family law matters is not common in Jacksonville, Florida.
Collaborative Law is being practiced in most parts of the country, including South Florida, but has not found its popularity in Jacksonville yet. As a Jacksonville divorce lawyer who wants my clients walking away with a smile rather than the need for the spa, I am a huge advocate of this process. I don't think children should be the victim of their parents' inability to communicate, but should be healthier through divorce because the parents have a since of stability throughout the process. That is what is offered in a collaborative law setting. It's the attorneys and the clients, from the very beginning, agreeing that a divorce process aimed at resolving the divorce, custody, child support, marital home, assets, and finances can actually be done amicably from beginning to end.
For those of you who are skeptics, I promise it works. It brings in the two sides, but it also incorporates a neutral mental health professional, financial advisor (if needed), mental health therapists for both sides (if needed), and mental health therapists for the children (if needed). It's a way for constant fighting to be put to a halt so that you can learn to communicate, since like it or not, you are going to have issues arise during your life and the life of your children and why not figure out how to work through those than just agree to disagree for the next 80 years. Who needs the stress?

As a Jacksonville, Florida family law attorney, I have many inquiries regarding adoptions. Recently, the interest in adoptions seems to be growing, possibly due to celebrities like Angelina Jolie and Madonna. Their adoptions have made national news more than once. However, in a struggling economy, I was curious about how adoptions are being impacted and recently heard a news story on NPR related to the issue and now discovered a news article in US Today on the same topic.
According these stories, it appears that at adoption and the option for it has grown exponentially due to the economy. Many more women, especially those with children already, are choosing to place their newborns up for adoption. This decision is being exercised at a time when families are struggling to feed the ones in their home, but also want to provide life and a family to others. Those unable to have children are grateful for the influx in available babies right here in the U.S. and in Florida. At a time when people are struggling to put gas in their cars, the country's women have decided the ultimate sacrifice is their calling and these women and their families are providing others with a chance at what was once perceived as virtually impossible.
There really is a silver lining for a recession.

Stepparent adoption is common in Jacksonville, Florida, where we, Wood, Atter & Wolf, P.A. is located. Florida recognizes adoption by a stepparent to be commonplace and tries to make the process easy on all parties. Consent of the nonparticipating parent is the best way to gain adoption rights of the child. However, some situations do not require consent of the parent.
Stepparent adoption is usually achieved when a parent remarries and the other parent has not consistenly participated in the child's life. Upon the primary parent's marriage, the new spouse offers to adopt the child so that the child can have an intact and stable environment with a mom and dad. Florida courts, looking at the matter in the best interest of the child, are happy to provide such a family unit to a child.
Typically, a nonparticipating parent is fine giving up their parental rights to the child, because it alleviates the need to pay future child support and they understand that the child has a chance at a two parent home. If the other parent is willing, then it is best to get them to sign a consent terminating their parental rights. This process is the easiest method for all parties.
When a consent to the termination of parental rights is signed, Florida still provides a loophole to the terminating parent. If the child is over 6 months old at the time, then the rights terminating parent has only 3 days to rescind the consent, or until the child is placed in the adopting parent's home, whichever is later.

Jacksonville, Florida and the rest of the country are feeling the stress of the economy. Times are tough, which makes people scared and angry. Domestic violence and tempers are on the rise in Jacksonville, Florida, and all across the nation. But it isn't necessarily men who are doing all of the battering. More and more men are becoming victims of domestic violence and they are no longer taking it "like a man". When anyone experiences violence against his/her person, it is imperative to seek help immediately. Whether that help comes in the immediate form of calling the police or subsequent to the abuse in fleeing to a domestic violence center , a hotel, or to an attorney, help is essential.

Ron Artest, Former Indiana Pacers star, was beaten and abused by his girlfriend when she struck him in the head. Artest called the police and the girlfriend was arrested. Many times men are afraid to call the police for help as the stereotype is to arrest the man when a domestic situation occurs. Men need to be encouraged to seek help whenever domestic violence is perpetrated against them.

In Florida, an injunction for protection against domestic violence can be issued and/or criminal charges can be filed against the batterer. There are provisions for protection for all and that protection should be sought before taking the law into your own hands.

In Florida, the Department of Children and Families (DCF)is designed to protect children. The goal is not to shatter the home, but to protect the safety and welfare of the children. In its protective role, DCF can act in more of a prosecutorial manner and rather than seeing an incident as a possible accident, they become more accusatory in nature.
Some of the consequences of DCF involvement is that they have the ability to remove children from your home pending an investigation and during the completion of a case plan, which could take from 6 months to a year, or more. If the case plan is not properly completed, then DCF has the ability to petition the courts to declare the child(ren) dependent on the state, terminate parental rights and place the child(ren) in foster care or up for adoption.
Our firm has represented numerous parents and grandparents who have faced DCF charges for putting a child or children in harms way. The reality is that DCF can have an awful impact and disruption on your family and representation is important.

Grandparents' rights in Florida are not easy to accomplish. The Florida Supreme Court has held that the Florida Constitution makes it a personal right to determine who parents allow around their children, even when the excluded parties are family members. In the Jacksonville, Florida area, there are attorneys working to fight against the perception of no rights for grandparents and sometimes there are creative methods that can be used.
The common scenario we receive is someone calling and stating, "My daughter isn't allowing me or my Husband to see our grandkids! I want to file a petition for grandparent visitation with the courts! Can you help me?" While the situation is sad and usually not in the best interests of the children to cease a close familial relationship with their grandparents, the Florida law is such that grandparents do not have an inherent right to visitation with their grandchildren.
However, the situation is not completely dire. Sometimes there are ways around the issue and having someone review your particular facts may be beneficial. Recently in St. Augustine, Florida, a man was accused of killing his wife and was charged with the crime. Prior to his arrest, the man completed a Power of Attorney so that his children could be cared for by his parents. While this is an extreme example, the underlying fact remains that parents can give up their visitation with the children to their parents if they are going to be away for a length of time. This may be a "loop hole" for some looking to see the grandchild that now lives with their child's exspouse
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First, the Florida legislature changed child custody to "primary timesharing parent" in October, 2008. However, since most of us are familiar with child custody and custody issues, this article will still address the issue as the historic term, "custody."
In dealing in Florida Family Law, paternity cases and divorces with children, custody issues often arise and the Custody Evaluation is the single most important factor. In Jacksonville, Florida, many judges are relying completely on custody evaluations to determine who should get the majority of the time with the kids. Some Judges only read the conclusions of the custody evaluation to make their decision.
The evaluation is conducted by a professional, (usually someone with a psychology and law background) who will interview the parents, speak with witnesses, talk to the kids, look at school records, etc. Then the evaluator writes a recommendation which is usually quite lengthy if done correctly.
So how do you present well in the custody evaluation? Extend a mental olive branch to the other party. During your interview with the evaluator, do not destroy the other parent with disparaging remarks. Describe the parts of parenting that the other parent does well and be honest in your comments about the children's relationship with their other parent. Then share the things that do concern you because even though the other parent is an overall good parent, tell the evaluator why the children are better off having more time with you.
If there are serious "concerns" such as child abuse, molestation, or similar behaviors, then you MUST disclose those to the evaluator. These concerns should be addressed in a professional manner with the evaluator, by giving examples or reasons for the beliefs. While those issues are difficult to remove yourself from emotionally, try to keep calm when discussing them so the evaluator has all of the pertinent facts and information to further his/her investigation.
Throughout the process, it is important to remain as calm and beievably positive as possible. You do not want to come across as "Donna Reed" when really you're just a working, single mom trying to make ends meet. That goes for you single dad's too, don't try to be Mr. Cleaver, be yourself, but also be the better part of yourself.

As a Florida divorce attorney, one sees many reasons that people reach divorce. Often, unhappiness describes the general mood of your marriage and you know that divorce is the only answer, its time to get your game face on and start thinking like a business person.
If you haven't given much thought to your finances because your spouse handles them, start looking at them. You need to know what expenses you have and what assets you have.

A Georgia lawyer who personally dealt with divorce and a certified financial planner founded the Institute for Certified Divorce Planners. They offer financial survival tips for the transition from married life to single life. It's not a "stick-it-to-your-spouse" moment, it's a "get a grip" momemnt. They make suggestions for what to do before the papers are filed, with the goal of easing the financial impact of the transition from wedlock to singlehood

Continue reading "It's Prep Time for a Florida Divorce" »

An attorney in our Jacksonville, Florida law firm was the first attorney to get an individual's name removed from the Florida Sex Offender List based on the 2007 Romeo and Juliet Law. In Florida, criminal convictions of 17 to 18 year olds placed the tee on the Sex Offender List for having intercourse with their younger boyfriend or girlfriend. Prior to Florida adopting the Romeo & Juliet law, the law failed to distinguish between consenting teenagers and molestation of an adult with a child.
If an 18 year old, senior in high school dated a 16 year old, junior, and participated in consensual sex with that partner, the law deemed the 18 year old a sex offender or predator. Usually, the mother and/or father of the younger participant disapproved of the relationship and filed charges against the 18 year old. Upon the 18 year old's admittance of intercourse, the teen would be convicted and required to register as a sex offender for the remainder of his/her life and face the day-to-tay difficulties of any other sex offender.
In July 2007, the Florida legislature passed Florida Statute 943.04354, the Romeo and Juliet Law. Persons may qualify to petition for removal from the sex offender registry if prior to the enactment of this law, teenagers were convicted of a violation of a Sexual Battery under Florida Statute 794.011 or convicted as a Lewd and Lascivious person less than 16 years of age, under Florida Statute 800.04 . Under both of these laws, the teen was required to register as a sexual offender SOLELY on the basis of a conviction for one of those offenses. A harsh punishment for someone less than 4 years older than the "victim" that was their boyfriend or girlfriend at the time.
Many laws are not retroactive, meaning they do not change what has been done in the past, however, the Romeo and Juliet Law can sometimes be used to remove individals that were victims of the old law, from the Sex Offender list . Contacting a Florida lawyer is the first step to detemrining whether you or someone you know qualifies for name restoration.

In Florida divorces, Injunctions are prevalent. A Florida Injunction can be handled by your Florida Divorce Lawyer. There are specific criteria that must be met before a court can enter a permanent injunction. Section 741.30 of the Florida Statutes lays out exactly what must be argued to have a temporary injunction entered as a permanent injunction. The statute says that the petitioner must have been a victim of domestic violence OR have reasonable cause to believe that he or she is in imminent danger of becoming the victim of any act of domestic violence. The Elements which must be proven at a hearing before the Circuit Court are as follows:
1. Must be between family or household members.
2. The petitioner must claim to have been the victim of DV or is in fear of imminent DV attack. 3. The sworn petition shall allege the existence of such domestic violence and shall include the specific facts and circumstances.
4. Jurisdiction: Where petitioner currently resides, temporarily resides, where respondent resides, where domestic violence occurred.
There are specific ramifications of a temporary injunction being made permanent. If the petition is granted the respondent will be required to complete a 26 week Batterers' Intervention Program (and pay for it) if (a) the respondent has willfully violated the temporary injunction or (2) has ever been found guilt of a crime involving violence (batteries) or threat of violence (assaults). You should contact a Florida Family Law attorney regarding your needs for an injunction or to defend against allegations made against you.

A Jacksonville, Florida man was arrested in April 2008, on charges of child pornography. Having committed a crime in the home, the man's $280,000 home was seized by the government.

In Florida and throughout the country, the police can seize a person's property such as a home, vehicle, money, etc. if it can be determined that the property was used in the commission of the crime for which the defendant was arrested. It appears that the Jacksonville man had almost 20,000 photographs and videos of minors engaging in sexually explicit acts. Since the man viewed these pictures and videos in his home, and the crime was furthered in his home, the state had the right to seize the entire home. Now he is living in an even bigger house as he was sentenced to four years in Florida State Prison.

Written by: Whitney Lonker
Family and Criminal Law Attorney

Sarah Palin's daughter was 17 years old and pregnant, Jamie Lynn Spears was 16 and pregnant, and most likely your Florida teen knows someone in high school that's pregnant. Taking the political nature of the question out, as in Pro Life or Pro Choice, what are the options one has?
I'm pretty certain that many of these young girls really don't want to get married right now, but obviously that is an option. But, does it really solve the problem? In Florida we recognize that parents have the right to child support, so the old fashioned idea of pregnancy equals marriage is not really necessary. In fact, it statistically causes more problems later since the majority of marriages that end are due to the couples being too young when they got married.
Another answer is for a paternity test to be done and filed with the court in order to prove the child does have a father, and hold that father responsible for any child support obligations. In teen pregnancy the mother and father are sometimes in school, but the court can impute income for child support to be assessed. Also, the child does have the option of going on state funded medical insurance. However, this is a tough road altogether and it's important to make certain you're making the right choice.
The option that is often overlooked because emotions control is adoption. Adoption is a great way to provide a good home for a child and make certain that all of the child's needs are being met. The popular movie "Juno" focused on a 15 year-old making that decision and though it was a movie it actually did a great job of showing how many good parents there are that are not capable of having them on their own. For a teenage girl willing to carry a child for 9 months, but not being able to recognize the long responsibility and affect the choice will have on her life, adoption is a wonderful option.
Any of these options are available, but making certain that all parties, especially the child are cared for properly, it would be beneficial to meet with a family law attorney that handles these types of issues on a regular basis.

Social networking sites like Face Book, My Space and others provide for a good support system for friends and family. When people are feeling down and need a friend or just are bored, they go to Face Book and My Space to read and posts their thoughts, feelings and activities. Friendships and activities posted on the web can come back to haunt you in a Family Law cases. People are often times foolish when they are online. They think that they are invisible when in fact the whole worlds can see what they are doing. There have been cases where people have been caught in marital affairs and even criminal activities through posts at Face Book, My Space and You Tube. On the flip side, these sites can be a wealth of information for those trying to find out more information about a person, business, and yes a spouse involved in a legal matter.

At Wood, Atter & Wolf, we have searched through My Space and Face Book in the past to find out information on the other side and (yes) our clients. Be careful what you posts out there in cyberspace. The whole world is watching and paying attention. One day, a Judge may even read your entries and information to determine an important legal issue on a case.