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.

When an infant relative of Vanessa Alenier was seized by child welfare workers, Ms. Alenier took the child into her home. However, when she asked Florida for permission to adopt the boy, a question on the adoption forms gave her pause. It asked if she was gay. Not wanting to begin her parental journey with a lie, she reported to the state that she is indeed gay, even though she knew that Florida has a thirty three year old law banning gays from adopting.

Even as a Miami appeals court was seeking to determine the constitutionality of the ban, Miami-Dade Circuit Judge Maria Sampedro-Iglesia approved the adoption – the third such adoption by a gay couple to be approved in Florida in the last year and a half.

Sampedro-Iglesia wrote in her order that, "there is no rational connection between sexual orientation and what is or is not in the best interest of a child. The child is happy and thriving with [Alenier]. The only way to give this child permanency . . . is to allow him to be adopted [by her].” She also declared in her ruling that she believed the law to be unconstitutional.

The Florida Department of Children and Families administrators objected to the adoption, but have not yet decided whether or not they will appeal the judge’s decision.

Find out more about the state of gay adoption in Florida at 3d strike against gay adoption ban in Fla.

If you are considering adoption, please contact our Jacksonville, Florida area law firm for legal counsel.

November 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.

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?

In Florida, the courts in Miami overturned the ban on gay adoptions in August 2009. Judge Cindy S. Lederman wrote in her opinion that excluding gay couples defeats Florida’s mission to provide all children permanent families. The state has claimed that gays are more likely to suffer from psychological imbalances and substance abuse than heterosexual couples, although several well-respected organizations have said that gay parents do not negatively affect a child’s upbringing.

A statewide resolution must be determined by an appellate court before the ban is officially lifted. Florida is the only state to ban homosexuals from adopting children. A few other states prevent unmarried persons from adopting children, which effectively bans gays, who are not legally allowed to marry in those states. Mississippi allows single people to adopt, no matter what their sexual orientation, but prohibits same-sex partners from adopting jointly.

The state attorney general's office has appealed the decision so the gay and lesbian community in Florida await the decision to see if they will have the "right" to adopt in Florida.

If you are considering adoption or another family matter that may require legal guidance, please contact our firm.

Find out more about this topic at Judge overturns Florida ban on adoption by gays.

Children of parents who have filed for a divorce or are already divorced can now participate in free divorce classes in the state of Utah. The classes are for children aged 9-11 and are taught by a mental health professional, who helps the children learn how to communicate more openly with their parents during this difficult process. There are also free classes offered in North Florida through certain church affiliations and also through The Jacksonville Children's Commission.

Divorce is always hard on children, especially older children and pre-teens. This program from the State of Utah is a commendable effort at easing a difficult time for children in need. Even in the face of economic trouble, it is encouraging to see the state continue to fund support initiatives for children and their families.

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

You can find out more about these classes at Courts offering divorce education class.

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

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

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

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

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.

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.

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" »

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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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.