Jacksonville Divorce Lawyer Blog

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.

latter@woodatter.com

Are you paying child support after your rights have been terminated? Child support, according to Florida law, is the right of a child with parents living in separate households. The child support obligation begins at the child's birth if the parents are not married, even if paternity has not been established. Once paternity is established, the Court can go back two years, within the life of the child, for back child support.
If your rights have been terminated to a child, but you owe back or retroactive child support, or your support is in arrears (you have not paid regularly), then you may still pay child support after termination of your rights, but only the amount that was due as of the time your rights were terminated.
An example: A child is born outside of wedlock and the mother files a Petition to Establish Paternity. The petition is granted when the child is 2 years old and is going to be $100/month (not realistic numbers), which means the Father is $2,400.00 in arrears due. The court will have him pay $100/month + $50/month towards the arrears until they are paid in full.
Well it will take the Father 48 months or 4 years to pay off the $2,400.00. If before that time the father agrees to terminate his parental rights because the Mother has remarried and her husband wants to adopt, then the Father is still responsible for whatever the balance due is on the $2,400.00 until it is paid.
If you have any questions or concerns regarding this matter, please contact an attorney.

latter@woodatter.com

As an attorney Jacksonville, Florida I have handled stepparent adoptions and seen the incredible impact and purpose it has for a family. If you are married and your child views your spouse as their parent, then you are probably wanting to pursue a stepparent adoption action. Whether you were previously married or had a child out of wedlock, and the other parent has not been in your child's life, then your current spouse and you may have discussed a stepparent adoption.
There are a few steps in getting a stepparent adoption and it is wise to discuss your case with an attorney that has experience in the area. However, to bring a few important issues to light I will explain the process.
1. If you are the Mother of a child and have not spoken to the child's father or have no way of contacting the child's father, then you may have to do a request into the Office of Vital Statistics Putative Father Registry. If no one has claimed that he may be the father of your child, then you will receive a certificate stating such.
2. An Affidavit of Diligent Search may need to be filed with the Court, which proves that you have looked for the other parent and have been unable to locate him/her.
3. If you do know where the other parent is, then he/she may voluntarily consent to the Termination of Parental Rights.
4. If the other parent refuses to consent, but has been absent from the Child's life for an extensive period of time, then you may file a Petition for Termination of Parental Rights that lays out the groundwork for why his/her rights should be terminated.
5. Once any or all of the above is completed, then you can file a petition for stepparent adoption.
In so doing, the stepparent is basically telling the court that she/he will be responsible for the wellfare and financial responsibilities of the Child. That she/he understands and consents to the Child having the right to claim to be his/her natural child for purposes of inheritance. That she/he has the financial ability to provide for the Child now and even if the parties (husband and wife) were to divorce.
It's an amazing process. While it sounds difficult due to the actions needed in steps 1 through 4, it is often quite simple and painless for the parties seeking the action. The reality is that the Court wants to know that the actions are in the best interest of the child. It is always better for a child to have two parents when available.

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.

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.

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.

Florida Adoptions are governed by Chapter 63 of the Florida Statutes. In Jacksonville and surrounding areas, the court will look to Chapter 63 in handling the many areas of adoption that arise. The different types of adoptions are the following:
1. Private adoptions
2. Step-parent adoptions
3. Grandparent adoptions
4. All types of domestic and international adoptions.

Each form of adoption has a different procedure that is governed by the Florida Statutes. It is extremely important when adopting your new family member to choose a professional who has experience in dealing with all types of different adoption classes. Adoption costs can vary depending on the form of adoption sought. Most adoptions range in price depending on the type of adoption, the attorney's practice and the issues involved in the matter.

There are organizations that can help, but ultimately an attorney will need to be involved in the process. Hiring your own attorney can be beneficial because the movement of your adoption can be governed by the attorney's hands-on approach. The process is a delicate one and it's 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.

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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In dealing with Florida family law cases with children, child support is an obvious factor. When going through a Florida divorce or paternity action child support will most likely be ordered by the court. In today's economic times, many more Floridians are facing bankruptcy and how that affects their Florida child support obligations.
Often, one party files for bankruptcy believing that any financial obligation to the other party will be dischargeable in the bankruptcy. On October 1, 2005, the new bankruptcy law went into effect and is entitled BAPCPA. The new law changed many things in the bankruptcy code including how a "domestic support obligation" will be treated. The support obligation can come in many forms such as alimony, child support, money owed to a spouse, or a money obligation incurred during a divorce agreement. Before BAPCPA, the bankruptcy law stated that you could NOT discharge a child support obligation or alimony in a Chapter 7 but you could discharge any money owed to a spouse under a divorce agreement as long as the money wasn't a part of the child support or alimony obligation. This is usually termed as an "equalizing payment" in the final agreement or judgment
Under the old law, if the spouse filing for bankruptcy couldn't pay the debt or if discharging the debt would be less detrimental to the spouse receiving the funds, it could be listed and discharged. Not so with the new law. In a Chapter 7 bankruptcy, the spouse will still have to pay and will not be able to discharge the debt so when the bankruptcy is over, the spouse will still owe the debt to the other spouse
If you or your spouse are having to file for bankruptcy, I encourage you to explore the idea of filing a joint case. This may be more beneficial to both of you in the end. The Bankruptcy Law Network is a blog that contains lots of good information concerning bankruptcy. If you are considering bankruptcy, you should check out this blog because it has information regarding bankruptcy, debt and collection.

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.