Jacksonville Divorce Lawyer Blog

Same-sex marriage in Florida is not recognized. The State of Florida originally initiated a statute defining that same-sex marriage would not be considered legally authorized or recognized in the state of Florida. That, not being enough, in 2008, Floridian voted by 62% to institute Amendment 2 to the Constitution, which gave us the language of Article I, Section 2, defining marriage as, "the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized."
As other states, like Vermont, have inacted the right for same-sex couples to forge in the bonds of matrimony, that marriage is not given full faith and credit in states like Florida. In accordance with Florida Statute 741.212, such marriages that are valid elsewhere are not considered valid if the couple decides to reside in Florida. Therefore, a legal marriage is not legally dissolved in Florida.
This leaves a great deal of difficulty for same-sex couples and could potentially be construed as unconstitutional and interfering with ones right to travel, which has been upheld as a consitutional right by the U.S. Supreme Court, beginning with U.S. v Guest, 383 U.S. 745 (1966).
The real question becomes, when will a couple challenge the State's law? Couples that are moving to Florida for work in an economy desperate for jobs, are not afforded the same rights as a marriage between a man and a woman. Furthermore, if that couple is not able to work through their difficulties, divorce is not available to them in Florida. If the couple was legally married in Vermont, they have to return to Vermont to establish residency for at least six months before filing for dissolution and must live in the State for at least one year prior to the final order. to meet the residency requirements of the State Court system.
If you are in a same-sex marriage and are in need of legal assistance regarding your rights in Florida, please contact an attorney who understands the laws and can properly assist you. Also, if you are in a same-sex relationship, there are financial protections you can have, it is important to find out all of your options from a qualified individual.

The former director of the Adoption by Choice agency, Debra West, of Tampa Florida recently pleaded guilty to charges of first degree grand theft for overcharging adoptive parents for adoption services. She was ordered to pay restitution in the amount of $178,000 to the affected parents or face up to thirty years in prison.

Because she paid the restitution she avoided jail time and was sentenced to fifteen years of probation for her crimes. She has also been required to pay an additional $4000 to cover the cost of her prosecution within thirty days.

Ms. West admitted to defrauding twenty couples between 2002 and 2005, by charging the couples for fake medical expenses which were supposedly owed to the birth mothers. She also charged the adoptive parents for the living expenses of the pregnant women, but did not pass all of the money on to the intended recipients.

In addition to the probation, Ms. West has been barred from doing any work in child placement, but will be allowed to counsel birth mothers considering adoption. Prosecutors said that while they wished to bar Ms. West from any financial interest in future adoptions, they did not want to take any action that would be considered denying her constitutional right to free speech.

Read more details of this case at Adoption scam nets probation.

If you are considering adoption, please contact our Jacksonville, Florida family law firm for assistance with the adoption process.

When Jason Jackson was two years old, his mother’s boyfriend killed her, then shot Jason in the head before shooting himself. Jason survived the shooting, but it cost him his mobility on the right side of his body.

Jason’s grandfather, Duncan Jackson, took custody of his disabled grandchild, and has refused to let Jason’s disabilities get in the way of his education or self-confidence. So Jackson enrolled Jason in Jump Start Strings, a program offered by the Jacksonville Symphony Orchestra in conjunction with Communities in Schools. Jason has learned to play the violin, and built his self-esteem through a program that focuses on what he can do rather than what he can’t.

Grandparents are increasingly taking on the roll of primary caregiver for children across the country. Census figures reveal that 8 percent of children in the US – 5.7 million –are living with their grandparents rather than their parents. Unfortunately, grandparents are usually called on to step in when violence or crime takes a parent out of the picture, like in the case of Duncan and Jason Jackson. According to the Annie E. Casey Foundation, 1.5 million American children have at least one parent behind bars, and the number of women in prison has increased fifty seven percent between 1995 and 2005.

In Jason Jackson’s case, he is very lucky to have a loving grandparent to take custody of him, and take such an interest in his well-being. You can read more about Jason’s story at Grandparents often forced to become parents, again.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

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.

Arnold Rice Sharkey, a veteran officer of the Jacksonville police force, was arrested recently and charged with aggravated assault with a deadly weapon and domestic aggravated assault. Officer Sharkey allegedly used his Chevrolet as a weapon against his estranged wife, Victoria Sharkey, and her brother.

According to Ms. Sharkey, who filed for divorce in January of 2009, Sharkey visited her at her place of employment earlier in the afternoon that same day. He later drove by her office again just after five pm and then parked down the street from the entrance to the building.

When her brother picked her up from work at 5:30 pm, Sharkey allegedly attempted to block Ms. Sharkey and her brother from leaving with his car, then went around behind their vehicle and pursued them down New Berlin Road, bumping their vehicle from behind. After bumping the vehicle three times, Sharkey’s vehicle flipped over and landed in a ditch.

Sharkey was taken to Shands Jacksonville for treatment of his injuries, and was later taken to jail. Sharkey told police that he went to see his wife because of a custody dispute; he said that she was not allowing him to see their children, and he hoped to convince her to take him to see them.

Read more about this alleged incident of domestic violence over child visitation issues at Jacksonville officer charged in ramming vehicle in domestic incident.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

Christopher Stokes and Richard Douglas snatched an eight year old child from his father’s arms and then called police to ask if they were acting in accordance with the law. Apparently, the child’s mother, Laporsha Davis, believed that her estranged husband and child were homeless and living on the streets, so she asked the two men to take the child away from him.

The two approached George J. Davis as he stepped out of a cab. They demanded that he hand over the child, and when he refused they grabbed the boy and drove off with him. Davis recognized one of the men as a friend of his wife’s. He called his brother, who then called 911. Davis told police that he had actually been on the phone with Ms. Davis when the abduction took place. She had told him that she was planning to take the child away because she believed that he was not taking proper care of him.

When police contacted Ms. Davis, she admitted to asking the men to take the child, but did not want to tell police where they had taken him or contact them to ask them to return him. An hour after the kidnapping, a 911 operator received an anonymous call from a man inquiring about Florida child custody law. He asked if a parent could give verbal consent to give up custody of a child or if "there was paperwork involved." The operator told him it was felony kidnapping and he hung up.

Police were able to track the cell phone the caller used to find the two men and the child. The men are facing felony charges of interfering with child custody. Find out more details of this child custody battle at Police: Men snatched child from dad at I-Drive motel.

If you are involved in a child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

Joseph Reyes of Chicago Illinois was raised Catholic, but converted to Judaism when he married his wife, Rebecca, who is Jewish. The couple is now involved in a bitter divorce battle, which includes questions about which religion their daughter will be raised in. The family law judge assigned to the case, Edward R. Jordan, had barred Reyes from taking his three year old daughter to church.

Reyes defied the order and was brought back to court on charges of indirect criminal contempt. He has pleaded not guilty to the charges. If found guilty, he could face six months in jail. Reyes asked to have his contempt charges heard by a different judge, and Judge Elizabeth Loredo-Rivera presided over his arraignment.

The girl has been in the custody of her mother since the marriage ended, and has been raised in the Jewish faith. The court order barring Reyes from taking his daughter to church was precipitated when he had her baptized without his wife’s permission. When Ms. Reyes found out about it, she asked the judge for a temporary restraining order. Judge Jordan then imposed a thirty day restriction against Reyes exposing his daughter to any religion other than Judaism.

When Mr. Reyes brought his daughter to church after the restraining order was handed down, he called the media. He was later featured talking about the order on Good Morning America. Ms. Reyes’ attorney has charged that Reyes is not particularly religious, and implied that Reyes is grandstanding. Read more about the case at Dad Pleads Not Guilty on Violating Court Order For Taking Daughter to Church.

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

Sergeant Jeffrey A. Grahn of the Clackamas County, Oregon Sheriff’s office was the last person anyone would suspect to go on a shooting spree that ended in him taking his own life. Grahn was a big proponent of trauma intervention, and even taught a course on it at the Clackamas Community College to help volunteers learn how to effectively help people in crisis.

But Grahn and his wife, Charlotte, were in the middle of negotiating their divorce, and the stress apparently took its toll on him. On a recent Friday afternoon Grahn went and found his estranged wife at a bar with friends. He asked her to step outside, where he shot and killed her. He then went back into the bar and shot two of his wife’s friends, killing one and injuring the other. He then left the bar and shot and killed himself outside.

The murder/suicide has seriously affected this small Oregon town. The Sheriff is left wondering why Grahn didn’t take advantage of the employee-assistance program, peer-support team, or chaplain services his office has in place to help officers through personal troubles. To read more about this tragic incident, visit Before his own burst of violence, Clackamas deputy worked in trauma intervention.

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

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.

Michael Snyder was missing for eight years before police found his body recently, buried in the backyard of what used to be his home. His wife, Ellen Snyder, has been charged with killing Snyder in 2002. Ms. Snyder’s attorney, Penni Adrian, is speaking out in order to dispel false rumors about her client’s motives for murder.

According to Adrian, the Snyders did not have a prenuptial agreement, and Ms. Snyder did not receive a million-dollar payout from an insurance policy on her husband’s life. Adrian continued by saying that Ms. Snyder was abused by her husband during their nine year marriage. The abuse reportedly got worse after Snyder was diagnosed with multiple sclerosis in 2001. However, according to Albuquerque police, they never received any domestic violence complaints from the couple or their neighbors.

Adrian went on to say that Snyder became involved in a sexual relationship with another man. According to police records, around the same time, a co-worker of Ms. Snyder noticed bruising on her shoulders and gave her a gun to protect herself. Soon after, Snyder woke his wife up at 3am and started a fight with her. She warned him to stop because she had a weapon, but he laughed at her. According to police, Ms. Snyder fired all eight rounds at her husband, waking her seventeen year old son. When her son saw that Ms. Snyder was unharmed, he decided not to call the police. The two then allegedly buried the body in the backyard.

Sometime later, her son began confiding in other people what had happened that night. One of those people worked for Ms. Snyder, and when she fired him, he went to police with the story. Ms. Snyder and her son both confessed to police right away, and say they feel relieved to have the truth out in the open. The case is now with the district attorney. Find out more about the case at Attorney Reveals Ellen Snyder's Story.

If you have been the victim of domestic violence, please seek help immediately, and then contact our Jacksonville, Florida law firm for legal counsel.

After three years of a bitter divorce battle, a Connecticut man, Richard Shenkman, allegedly kidnapped his ex-wife, Nancy Tyler, holding her at gunpoint and burning down their former home. He also allegedly burned down Ms. Tyler’s beach house two years earlier. Mr. Shenkman had been ordered by the divorce court to turn the home over to his ex-wife and to pay her $100,000 for legal fees. He reportedly told police that he kidnapped his wife and burned down the home because he was afraid he was going to be held in contempt of court for not paying the settlement as required.

Ms. Tyler is currently unable to rebuild her beach home, because Shenkman has filed a civil lawsuit claiming that he is entitled to half of the homeowner’s insurance settlement, even though Ms. Tyler was granted the property in the divorce. Her attorneys asked the court to dismiss the lawsuit, which it did, but Shenkman immediately appealed the decision. Ms. Tyler will be unable to collect any money until the matter is settled. In the meantime, Ms. Tyler is required to continue paying the mortgage, taxes and insurance on the now vacant lot.

She has attempted to sell her other property, but since Shenkman had let the homeowner’s policy lapse, she must pay off the mortgage, taxes and insurance before the property can change hands. Even though the couple had paid off the mortgage during their marriage, Ms. Tyler learned during the divorce that her husband had taken an equity line of credit on the home and then stopped paying it. With the principal and fees the balance is now $100,000. Shenkman had also stopped paying the property taxes, meaning that Ms. Tyler owes the town $32,000 in back taxes.

Shenkman has been found in contempt of court and ordered by a judge to pay Ms. Tyler nearly $180,000 for legal and other fees, and will be held in custody until he does so. You can read more about this less than amicable divorce by visiting Shenkman's former wife trying to dig her way out of divorce debt.

If you are considering divorce, please contact our 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.

Drew Peterson is about to stand trial for the murder of his third wife, Kathleen Savio. A hearing to determine whether hearsay evidence will be allowed at trial included testimony from a few associates of Drew Peterson’s fourth wife, Stacy. Drew Peterson is a suspect in Stacy Peterson’s disappearance, but has not been charged with a crime in relation to it.

At the hearing, a neighbor of Drew and Stacy Peterson, Sharon Bychowski, reported that Ms. Peterson had told her that she feared for her life after asking Peterson for a divorce. She reportedly told Ms. Bychowski that “if I disappear, Sharon, it’s not an accident. He killed me.” Ms. Peterson allegedly made the comments less than a week before she disappeared in October of 2007. Ms. Bychowski reports that she urged Ms. Peterson to put her fears in writing, in case anything happened to her, but Ms. Peterson replied, “it doesn’t matter, I’m already dead. He’s going to kill me.”

Peterson has always maintained that Ms. Peterson took $25,000 and ran off to Jamaica with another man. Ms. Peterson has not been heard from since her disappearance and her body has never been found.

Sometimes when a marriage goes bad it can result in violence to one spouse. If you are in an abusive relatioship, please contact our Jacksonville, Florida area law firm for legal counsel.

Find out more about this topic at Peterson's neighbor: Stacy warned Drew would kill her.

Kate Prout has not been seen since she vanished from her home in Gloucestershire, England in late 2007. She left behind her passport, credit cards, what appeared to be all of her clothes, and a diary detailing violent fights with her husband and her fear for her own life.

Despite the fact that no trace of Ms. Prout was ever found, Mr. Prout was arrested shortly after her disappearance and now stands trial for the murder of his wife. According to the prosecution, Ms. Prout disappeared not long after demanding an eight hundred thousand pound divorce settlement from her husband. The only way he would have been able to raise the money would be to sell his family farm, which he did not want to do.

The prosecution also points to the fact that police had been called to the couple’s home for a domestic violence complaint shortly before Ms. Prout’s disappearance. At the time, she claimed that her husband had threatened to kill her and that he said he “knew people who could get rid of bodies.”

When a marriage goes bad, all too often one member of the divorcing couple loses all sense of reason and resorts to violence. Violence is never the answer, and only makes things worse for both parties. If you are considering divorce, please contactour Jacksonville, Florida area firm for legal counsel.

Read more about the disappearance of this retired schoolteacher at Retired teacher Kate Prout vanished after demanding £800,000 divorce.

Ivana Trump, the sixty year old first ex-wife of Donald Trump, was in the first class section of a plane bound for Palm Beach, Florida, when the stress of her latest divorce pushed her over the edge. After asking to be moved to a different seat, Ms. Trump started screaming at a crying baby, swearing at the child and then berating other children on the flight with profanities. Since the flight had not yet left the ground, the flight crew decided to return to the terminal. She then reportedly started screaming and ran past attendants into the cockpit. The pilot told her to get out, but she sat down in a seat in the cockpit and refused to move.

Security was called to physically remove her from the plane, and she was promised another flight later in order to calm her down. Sources say that the incident was likely sparked by stress from her latest divorce. The former Ms. Trump is divorcing her thirty seven year old Italian husband of twenty months. Find out more about Ivana Trump’s airplane tantrum at Ivana Trump Kicked Off Plane….Divorce Stress?

Divorce can be very stressful. If you are feeling overwhelmed by your divorce, it is important to seek counseling to help you deal with your emotions. For legal help with your divorce, please contact our firm for expert divorce law 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.

Mildred Muhammad, ex-wife of DC Sniper John Allan Muhammad, gave an interview to Larry King the night before her husband was to be executed for his crimes at a Virginia state prison. Muhammad left 10 dead in a shooting spree that his ex-wife believes was destined to end with her as its final victim.

Ms. Muhammad said she felt very guilty about the victims of her ex-husband’s rampage, which left millions of DC residents fearful of going out in public. She claims that she had done “everything I knew how to do” to bring Mohammad’s violent and abusive nature to the attention of authorities, but it wasn’t enough. And she feels ashamed for not realizing that his violent behavior would extend beyond her, to affect other people.

Ms. Muhammad had divorced her husband because of his allegedly abusive behavior towards her. Authorities maintain that Muhammad started killing random strangers as a cover up, with the ultimate goal of shooting his wife the same way, so that he could take custody of their three children. Muhammad has always claimed that he is innocent of the charges.

Ms. Muhammad has worked through her guilty feelings and is concentrating on caring for her three children during this emotional time. Muhammad’s first wife, Carol Williams, was also interviewed by King, and said she planned to visit Muhammad in prison with their son before the execution. You can read more about the interviews at Ex-wife of infamous 'D.C. Sniper' felt guilty about shootings.

Domestic violence is very dangerous behavior, and it this case is a tragic example of how far it can go if left unchecked. People who are in reasonable fear of being in imminent danger of domestic violence should take very action to protect themselves, including calling the police and taking out an injunction.

If you are a victim of domestic abuse, please contact our firm to explore your legal options.

David Swain of Jamestown, Rhode Island, nearly got away with murdering his wife, Shelley Tyre, during a scuba diving trip to the British Virgin Islands ten years ago. Prosecutors called it a “near perfect” murder, but this month a jury has convicted him of murder – and he may spend the rest of his life in a Caribbean prison.

Even though Ms. Tyre was an experienced diver, police had written her death off as a tragic drowning accident. But Tyre’s parents were convinced that Swain had killed their daughter, and they filed a civil suit against Swain in Rhode Island. In 2006 the state of Rhode Island found that Swain was responsible for his wife’s death and awarded the Tyres $3.5 Million; that judgment convinced the British Virgin Islands to charge Swain with murder. During the trial, the prosecution claimed that Swain had found a new girlfriend, and killed his wife for her inheritance of $630,000. The jury convicted Swain unanimously. Swain’s attorney plans to appeal.

It is unfortunate that time after time, men choose to kill their wives to pursue an affair or another romance instead of just divorcing the wife. They always get caught. No matter what the circumstances, people should consider getting a divorce and dividing the assets; violence is never the answer. Even a lengthy divorce is better than going to prison. You can find out more details about this case at US man convicted of scuba death of wife in BVI.

If you are having trouble in your relationship, and would like to find out more about the option of divorce, please contact our firm for expert legal counsel.

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?

A Nevada couple recently woke up with a car on top of them in their own bedroom. After an hour of being pinned down to the bed with motor fluid raining into their faces, the two college students, Kristin Palmer and Trent Wood, were rescued by emergency workers. They suffered remarkably minor injuries. The man driving the car, Eric Cross, allegedly slammed into the house not only because he was drunk but also because he thought the house was that of his ex-girlfriend and her new boyfriend. Cross has been charged with battery with a deadly weapon, possession of a stolen vehicle, driving without a license, and careless driving. According to the Washoe County Sheriff’s office, Cross was also drunk at the time of the accident.

The end of a relationship is a difficult time, and people often let their emotions and pain get the best of them during the dissolution process and do things to harm their own case, especially when child custody is involved.

If you are having marital or criminal problems, and would like to find out about your options, please contact our firm for expert, compassionate legal counsel.

Find out more about this horrific accident and the couple’s ordeal at Couple alive after car pins them to bed for almost an hour.

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

In February Haleigh Cummings disappeared. A short time later, the last person to see her, Misty Croslin Cummings married Haleigh's father, Ronald Cummings, which caused people to speculate whether the marriage was due to the Husband-Wife Privilege in Florida, which allows for couples to claim conversations as confidential in Florida.
However, the problem with such speculation in this case is that Haleigh is the child of Ronald, and the Privilege only extends to matters not involving a child of one of the spouses. Since Haleigh is the Child of Ronald, regardless of marriage/divorce, Ronald nor Misty could claim the privilege.
The fact they are divorcing would not be the determining factor in claim of the privilege because public policy mandates that spouses should be able to talk openly and honestly during the marriage without worry for whether the marriage will last forever. That's a good thing, since divorce, especially in Jacksonville, Florida, is still on the rise.

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.

Written by: Lenorae C. Atter, Family Law Attorney - Jacksonville
latter@woodatter.com

A recent comment posted to the Romeo and Juliet Law blog posed a question regarding parental consent and whether a parent's consent helps to avoid the Romeo and Juliet legal process.
For those of you who do not know, Florida Romeo and Juliet Law is a law that makes it possible for an individual who has been convicted of having sex with a minor, when the sexual relations were consensual, to get their name off the Florida sex offender list. There are multiple provisions, which I have discussed in prior blogs as well.
To go to the question of whether a written consent of parents avoids the Romeo & Juliet process, the answer is, it depends. Typically these actions are brought because the parents of a minor discover that the minor is having consensual sexual intercourse with an older individual and they (the parents) decide to bring charges. That is normally what initiates the conviction process to begin with. Now, when you petition the court for removal from the sex offender list, and the parents are now okay with the situation, then it would not hurt to have their consent.
However, as I told the individual that sent me the question, if charges were brought by an uninterested person (not the parents or the minor), then having the parents on your side may help to avoid the conviction. In law, there are no guarantees. If you or someone you know if affected by these laws, then it is best to contact an attorney.

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

More courts throughout the country including Florida are recognizing a condition called Parental Alienation Syndrome or PAS. PAS in Florida is most recognized in contested child custody cases. PAS occurs when one parent pits the child or children against the other parent in a child custody dispute and indocrinates the child with disparaging remarks about the other parent in an attempt to wreak damage to the parent/child relationship and to taint the child's view of the other parent. In some cases where PAS has been alleged, the courts have transferred custody to the parent who is being alienated in order to preserve the relationship. In some jurisdictions, PAS is charged as a criminal offense. In Florida and most other jurisdictions, the courts use the best interests of the child standard and most often, alienating one parent from the child is not in the child's best interests. For more information about this issue and other issues involving divorce, child custody, child support, or family and criminal law issues, please contact our firm for expert advice.

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

Recently married, Dalia Dippolito, was arrested for attempted the solicitation to commit first degree murder against her husband. The Boynton Beach case has sparked national attention, since her arrest on Wednesday, August 5. On Thursday, Dippolito was released on bond and placed on house arrest, in the home of her mother.
Many are asking why a newlywed would plot to kill as oppose to divorce. The question then becomes whether she married to kill in the first place. In a Florida divorce, a short-term marriage does not typically provide for alimony and division of assets are only those accumulated during the marriage. If most of the wealth was established prior to the marriage, Dippolito would not get much out of a divorce. As a widow, however, she would have gotten her share as determined by will, life insurance policies, etc. That could have been the motive behind the plot to kill.
Dalia Dippolito allegedly paid a hit man (turned out to be an undercover officer) $1,200 for a handgun and $3,000 to kill her husband. The Boynton Beach police went along and even staged a crime scene at the home while the wife, Dippolito, was at the gym. It was not until she was taken to the police station that Dalia Dippolito was informed that her husband is alive and was sitting in the adjacent room.

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.

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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

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!" »

In Florida until the inception of the Romeo and Juliet Law, statutory rape convictions, meaning sex with a minor, has created more than one victim. In Florida a minor cannot consent to having sex if she or he is 16 or under. What has occurred is that parents get upset that their child has engaged in sexaul intercourse with thier boyfriend or girlfriend that is a senior in high school and just turned 18, so the parent will bring charges. Until the Florida law changed in 2007, these individuals in their late teens early 20s were punished with more than probation, but a life sentence as a "sex offender".
In today's economic crisis with jobs being highly sought after, these individuals are struggling to keep their heads above water simply for choosing to be in a relationship with someone. The Florida Romeo & Juliet Law, which passed in 2007 is designed to protect individuals from the sex offender list when they engage in consensual sex with a minor no more than 4 years younger than the accused and the accused has no other sex crimes on his/her record.
This law does not make it legal to have sexual relations with minors, but merely stops the accused from being held out as a sex offender in society.

As a Jacksonville, Florida Family and Criminal attorney, I get to see Florida law from a different angle and I have noticed, when it comes to Florida criminal law, common sense seems to have left the building. At least thats the way it appears sitting from my defense table. Defendants are often misinformed that the State is going to see them as a person instead of as a case number and that mitigating factors that make each case different are going to be considered. Not true.
Look at Genarlow Wilson from Georgia.
Genarlow Wilson was convicted by a Georgia jury of aggravated child molestation for receiving oral sex from a consenting 15-year-old at a New Year’s Eve party. For this action, he was convicted and sentenced to a mandatory state prison term of ten years.

Continue reading "Florida vs. Common Sense: Florida Criminal Law" »

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.

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 Jacksonville, Florida, police are losing the "war" on drugs. According to the FBI, in 2007, almost 2 million people were arrested on drug charges. Marijuana was the cause of almost 1 million of those arrests. Of those nearly 1 million arrested for marijuana related offenses, 89% were arrested for mere possession of marijuana.

Marijuana charges can result in drivers license revocation, job loss, professional licensing revocations, governmental aid revocations and more. Additionally, an arrest requires a defense in court. In the United States, the government has spent billions on the war on drugs which has created the additional expense of prosecuting all of the increased arrests. According to the FBI, 20% of the inmates in State prisons are there for drug related offenses. In 2008, Jacksonville has seen a dramatic increase in drug related arrests due to the increase of law enforcement in high drug areas. The drugs business is a big business for all involved including the government. In 2008, First Coast News 12 reported that a local man entered a McDonald's and attempted to pay for his meal with marijuana! The McDonald's employee called 911 and the man was arrested and in need of a good defense.