Jacksonville Divorce Lawyer Blog

When divorced Florida parents are forced to deal with child custody issues, tempers can run high – especially if the divorce was not amicable and the parents disagree with the approved parenting plan. Now those parents will have a way to better handle disagreements and build better relationships with their children. A help line has been set up for Lauderdale County, Florida parents that can help them get through child custody issues with less anger and frustration. This is important because fights between divorced parents can cause lasting emotional scars on their children.

The help line, which falls under the umbrella of Families First, offers parents a third party to help them manage and solve parenting disputes. When a call comes in, volunteers talk with both of the parents to help them diffuse angry feelings and come to a suitable compromise.

The line is staffed by twenty one volunteers, who are required to complete a six week training course before answering the phones. The Lauderdale center fields around fifty calls per month. The help line has been so successful in Lauderdale County that a task force has been created to investigate establishing call centers in other areas in Florida, including the Jacksonville, Florida area.

Read more about the co-parenting help line at Help line lessens tensions.

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

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.

Linda and David Pfeiffer of New London, Connecticut already had an adopted son, Darius, and they were not looking to have another child. But when a family friend from Jacksonville, Florida became pregnant and did not believe she was able to care for the child herself, she asked if the Pfeiffers would raise her child. Linda and David agreed, and they adopted Reylani soon after she was born. As part of the process, they flew to Florida and met with an attorney and had the birth parents sign a termination of parental rights.

It was only two weeks later that Linda Pfeiffer received a text message from the child’s birth mother, saying that Reylani’s biological father might actually be a different man. That man filed a paternity suit in Jacksonville Circuit Court and had his paternity confirmed with a DNA test. According to Florida law, a father must assert his paternity by filing the Florida Putative Father Registry Claim of Paternity claim before the child is born. Normally, this man would have no case. However, the child’s biological father is in the Navy, and he is arguing that he should retain his rights under the Servicemembers Civil Relief Act, which allows service members certain legal protections when they are on active duty. According to the Pfeiffers, the biological father knew that the mother was pregnant and was not at sea during the pregnancy, meaning he had ample opportunity to file for paternity during the legal window. The birth mother and biological father have since married.

In March a judge awarded custody to the biological parents, and the Pfeiffers were required to hand her over to them. The couple has since turned the Pfeiffers away when they flew to Florida in hopes of seeing Reylani. The Pfeiffers have filed an appeal to a panel of three judges, and are awaiting final word on their case. If you have questions regarding your rights as a biological parent or an adoptive parent in Florida you should contact a Florida Family Law Attorney.

You can read more about this tug of war over a Florida infant at Legal twist wrenching family apart.

If you are considering adoption, you will need the help of an experienced family law attorney. Please contact our firm for expert legal counsel.

Many people feel that asking for a prenuptial agreement is the end of romance. Others believe that prenuptial agreements are only for the rich. Neither of these statements is true. Prenuptial agreements are appropriate in a number of situations and should be seriously considered before entering into a marriage, which is a legal partnership. A prenuptial agreement is a signed contract that spells out exactly how a couple will handle different aspects of their marriage to include finances, real and personal property, alimony, and several other concerns that often arise throughout the marriage and possibly in a divorce. While this may not seem very romantic, it can be an empowering and positive experience. Probably for these reasons, more and more “average” couples are signing these agreements lately.

Some of the benefits of a “prenup” include facing financial details and discussing them openly, preserving inheritance or the financial well-being of children from a previous marriage, protecting business assets, spelling out financial expectations, and reducing battles over finances in the case of divorce. Of course, there are drawbacks as well; agreements can be set aside if they are found to be fraudulent, unfair or signed under duress. They can be perceived as not being romantic and can imply a lack of trust between partners.

If you are considering a prenuptial agreement, remember a few key points:
- Don’t wait until the last minute. Springing an agreement on someone days before the wedding is not a good idea.
- Don’t hide your feelings or your assets.
- Each person should hire his or her own attorney.

Call a Jacksonville Family Law Attorney to help you understand your options with marital agreements.

Find out more about this topic at Prenuptial Marriage Agreements.

Please contact our law firm for help drafting your prenuptial agreement.

In the wake of nearly a dozen women claiming to have engaged in extra-marital affairs with golfer Tiger Woods, his wife, Elin Nordegren Woods has reportedly moved out of the couple’s mansion and moved back to Sweden, her home country. The couple does have a prenuptial agreement, but the contents of the agreements are not open to the public. The Woods’ prenuptial agreement is a premarital contract, and theirs will be governed by the Uniform Premarital Agreement Act of section 61.079 of the Florida Statutes. Their prenuptial agreement likely spells out how much alimony Ms. Woods is entitled to receive, if any, the distribution of property and other assets, and any other miscellaneous arrangements that were contemplated by the parties at the time they made the agreement . The right of a child to support may not be adversely affected by a premarital agreement. Premarital agreements, like other contracts, usually hold up in court as long as they are legally executed and do not contain unconscionable clauses. To create a premarital agreement that is legally sufficient to protect your interests you should seek the assistance and expertise of a licensed Florida Family Law attorney.

As for the children, Sam and Charlie, Florida has no presumption of marital custody, meaning that the father and the mother have an equal chance of gaining time-sharing depending on what is in the child’s best interest. Florida rules governing child custody changed substantially in 2008. The terms custody, custodial parent, non-custodial parent, visitation, primary residential parent, and secondary resident parent were eliminated from the statute. The disposition of children after a marriage is now determined by parenting plans and time-sharing schedules. These arrangements are governed by Florida Statutes chapter 61.

In light of the alleged extramarital indiscretions by Tiger Woods it is likely that Ms. Woods may have strong arguments for her to be the parent with more timesharing with the children and be entitled to receive substantial child support. In order for her to be able to move the children to Sweden with her she will have to petition the court and show why it is in the childrens' best interests. Tiger would be entitled to object to moving the children so far from the marital home. Find out more details about the prenuptial agreement at

Tiger Woods gives us pause to contemplate prenups and child custody.

If you would like to draft a prenuptial agreement or are considering divorce, please contact our firm for expert family law legal counsel.

Amy and Scott Kehoe were unable to have children of their own. So they went to great lengths to hand pick an egg donor, sperm donor, and surrogate for their future child. They then hired a Michigan IVF clinic to carry out the procedure. The couple paid for everything out of pocket. But a month after the surrogate gave birth to twins, Ethan and Bridget, the Kehoes were forced to turn the children back over to the surrogate mother, Laschell Baker, who changed her mind about turning over custody of the children when she found out that Ms. Kehoe was under treatment for a mental illness. Ms. Baker, who already has four children of her own with her husband Paul, said she couldn’t live the rest of her life worrying whether Ms. Kehoe’s illness would remain under control.

Surrogacy is largely unregulated, and is controlled mostly by fertility doctors. In some states, the parents must legally adopt the surrogate child, but it creates an interesting legal conundrum, as the parents must first create the baby, which is not genetically related to them, and then ask the courts to grant them custody after the child is born. In other states, the parents are allowed to place their own names on the birth certificate without any screening, if they obtain a pre-birth order allowing it.

If a dispute arises, the outcome varies widely from state to state. In Michigan, the state holds that surrogacy is contrary to public policy and that surrogacy contracts are not enforceable, which is how Ms. Baker so easily had the Kehoe’s guardianship rescinded. Find out more about this child custody case and others like it at Building a Baby, With Few Ground Rules.

The state of Florida regulates surrogacy, with different regulations depending on if the surrogacy is traditional or gestational. If you are considering having a child through surrogacy in Florida, you will need the services of an expert family law attorney. Please contact our firm for expert legal assistance.

Single Florida parents who have custody of their child or children and serve in the military face unique challenges when it comes time to deploy overseas. Sometimes doing your military duty can mean losing custody of your children. An organization exists called Father and Families which has worked hard to pass legislation in dozens of states that could protect military parents’ custody rights.

As an example, US Army Lieutenant Colonel Vanessa Benson temporarily turned over custody of her son to her ex-husband while she was on active duty in Afghanistan. She returned home to an email from her ex-husband stating that he was not going to return her son, as agreed. Benson spent $12,000 in legal bills to get her son back.

In Florida, HB 435 is a law that helps military parents like Ms. Benson, regain custody of their children. The law states that if a temporary child custody order is made as a result of a parent being deployed, the previous custody orders in effect before the deployment must be reinstated on the parent’s return.

Many military parents in Florida, including the Jacksonville area, have had to serve in war zones overseas only to return home to a fight to enforce the judgments that they worked so hard to attain in the first place. Single military members who have custody of their children should not try to navigate the murky legal waters of the Florida family law system without the help of an experienced family law attorney. If you are a military member involved in a custody battle, you will need an expert family law attorney on your side. Please contact our firm for a consultation.

Read more about the struggles of military parents to keep custody of their children after deployment at Law Fathers & Families Helped Create Leads to Victory for High-Profile Military Parent.

Florida law recognizes several types of alimony. Which type or types of alimony are awarded depends on the individual characteristics of the marriage. Some factors a judge may consider are adultery, the length of the marriage, and the employment prospects of both partners. In Florida, the alimony payments must be decided on before the court awards child support.

Temporary alimony: This type of alimony is awarded to maintain a person’s lifestyle while the divorce case is pending. As an example, a husband who worked and paid the household bills while his wife stayed home to raise the kids could be required to continue paying the bills until the divorce agreement is finalized.

Bridge-the-gap alimony: This type of alimony is designed to help one of the parties get back on their feet and start supporting themselves after the divorce. It is generally awarded for a period of two years.

Permanent periodic alimony: This is awarded if one of the parties requires indefinite support, and is generally awarded for longer marriages. The support usually lasts until the death of one of the parties or until the person receiving the support remarries or is living with someone who contributes financially to the relationship.

Rehabilitative alimony: This is requested if one of the spouses needs time to acquire new job skills or education. This type of alimony requires a specific plan.

Lump sum alimony: This is one large payment, which may be money, the marital home or other martial assets. The court will usually award this type of alimony if there is extreme hostility between the divorcing parties or if one of the parties is terminally ill.

Read the entire article at Florida Family Law: Alimony/Spousal Support.

If you have any questions about the type of alimony you may be entitled to in a divorce, please contact our firm for expert divorce law counsel.

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

Movie stars, millionaires and other VIPs work very hard to keep their personal details private – especially when it comes to divorce. They claim they have a greater need for concern about identity theft. For business executives, the business itself can intervene to protect confidential company information that might come out in the divorce. Of course, news organizations are fighting to keep everything in the public domain. The controversy pits privacy against the first amendment.

Certainly the same concerns exist for non-famous wealthy couples, who may want to keep their financial documents and dirty laundry out of the public domain. There are ways to keep the divorce settlement confidential in Florida, and we are a law firm that knows the ins and outs of accomplishing the goal of confidentiality in Florida for high end divorce settlements.

If you are considering divorce, and want to keep the details private, contact our firm for expert legal counsel.

Find out more about this topic at Rich, famous push for secrecy in divorce.

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.

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.

Divorces are usually marked by battles over property and child custody issues. Deciding who gets to keep the family pet can add a whole new topic for couples to fight over. Who gets to keep the dog, cat or lizard is a topic that comes up frequently in divorce proceeding, and, like everything else, can be a difficult and emotional issue to deal with.

In Florida, as in most other states, pets are considered property – which means they are subject to ownership, not custody. That means that “joint custody” is not an option in Florida. Legally property can only be awarded to one party in the divorce. A pet acquired during the marriage is considered joint marital property, even if it was given as a gift from one spouse to the other.

Couples have much more flexibility in deciding what will happen to the pet if they come to an agreement outside of court. If the divorcing couple cannot agree between themselves who should keep the pet, the judge must award it as property. Judges will consider who spent the most time with the pet, who took the most care of it and who is more bonded with the animal when making a decision.

In a divorce where a pet is involved, the couple should make every effort to find a common ground before going through the agony and expense of a court battle over a pet. While the pet may be oblivious to the battle being waged, the emotional pain is felt deeply by the couple and especially their children.

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

Find out more about this topic at Pets are property in divorce.

An emerging divorce method, using what is called a "collaborative process," brings legal, financial and mental health professionals together to help encourage cooperation between the divorcing couple. The method is starting to gain momentum as the Florida Bar has drafted legislation to codify collaborative divorces into Florida state law. The Jacksonville Bar Association recently sponsored a seminar on the topic, which drew a large percentage of mental health professionals.

Currently, collaborative divorce is a voluntary process that is entered into when a couple signs a document stating that they will not take their divorce to court. Financial and mental health counseling is included as part of the process. An added benefit is that a collaborative divorce usually costs significantly less than litigation. It also allows families to structure financial details with more fluidity than is usually the case in traditional divorce proceedings. The process not only eases the divorce process for couples and their families, it also eases the case load on family court.

Any divorce method that cuts down on fighting and animosity is good for both the couple and their children. People who are under the stress of a divorce can only benefit from having a team of professionals help them work their way through all the details amicably.

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

Find out more about this topic at Collaboration allows for a kind divorce.

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
Wood, Atter & Wolf, P.A.

Florida is a no-fault divorce state, meaning that in a divorce things like debt and assets should be split 50/50 or equitably.
When one party racks up the majority of the debt and there are really no "assets," then the court may have a different route to take with the division of the debt. The other factor may be if the party that bought marital items with credit cards and then takes the property, then the court may find that there is a pertinent reason why one party should take more debt then the other.
The real area of interest and best argument in an unequitable distribution, greater or less than a 50/50 split, is if one spouse engaged in an extramarital relationship, on which that spouse spent money or incurred debt.
The real answer when it comes to equitable distribution is that every case is different and the law is not black-and-white on this matter. It is important to discuss your options and likelihood of success with a family law attorney in pursuing a divorce.

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

The Florida Disestablishment of Paternity statute allows for reputed "alleged" dads to tell the Court they have reason to believe they do not have a financial obligation to a child for whom they pay child support. The statute lays out many factors to be proven by the alleged father because there is a public policy interest that children not be without a father.
This statute does require that there is newly discovered evidence relating to the paternity of the child since the origination of the paternity being established. In so doing, the alleged father, after learning that he is most likely NOT the father, cannot engage in the following:
1. Marry the mother of the child while known as the reputed father (after learning someone else could be "daddy").
2. Voluntarily take on the parental obligation to pay child support.
3. Swear to paternity in a written sworn statement.
4. Consent to be named as the Child's father on the birth certificate.
5. Voluntarily promise, in writing, to provide child support for the Child and was required to support the Child because of that promise.
6. Dismiss or ignore ANY written, state notice requesting you submit to a DNA test.
7. Sign a voluntary acknowledgment of paternity as outlined in Florida Statute 742.10(4).

The above rules are required to have been followed if you wish to file a Petition to Disestablish Paternity. To make certain that you fall within the statutory guidelines, it is advised that you seek the help of a Family Law Attorney.

Paternity actions in Florida are common because there is a strong belief that children need two parents and child support. Many men are faced, on a daily basis, with a woman informing them they have a child, or a court document greeting them at their home delivering the stork's news. Once the court gets involved, there is a need to establish the father of the child legally, child support and time sharing. So, what happens when you find out, after a few years of this financial and emotional obligation that you, in fact, are not the baby's daddy?
In 2007, the Florida legislature passed the Disestablishment of Paternity Statute. This law allows for men to have the right to petition that they no longer have the obligation to a child if new evidence has come to light. However, there are multiple restrictions on the men for them to prove their case to a judge. It is important to contact a family law attorney to discuss your options and the actual expectation that you will be successful in pursuing this matter.

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

Florida grandparents now have rights to visitation with their grandchildren. After years of grandparents wanting visitation with their grandchildren and having no court action to take, the Florida legislature adopted Florida Statute 752.01, which allows for grandparents to file a petition for visitation with their grandchild.
The Florida law regarding the grandparents' petition states that the Court shall give reasonable visitation rights to grandparents if it is in the best interest of the child when the minor child's parents have divorced, a parent has abandoned/deserted the child, or when the child is born is out of wedlock.
This new law gives grandparents a voice in court where they previously had none. Congratulations to all you Florida grandparents that have been yearning to see your grandchildren. Since this matter is new, it is important to speak with an attorney regarding your rights and what actions to take.

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

In a Florida divorce, I realize there are divorce myths, which seem to circulate from Jacksonville to Miami. If you are going through a divorce there are certain myths that people seem to tell.
The most common myth for in a divorce with children is that the new time sharing law requires that you and your spouse have 50/50 visitation with the Child. This is not true. The Court looks at the best interest of the Child and in so doing, the visitation will be a factor. It is often not considered proper for 50/50 because the Child has different rules in each house, which plays a role in the child's ability to do well in school, at home and in extracurricular activities.
The second myth is that child support is negotiable. This is not true, because according to Florida Statute, a parent cannot negotiate away the Child's right to child support. Support for a child is determined on the income of both parents and tries to place the child in the same position s/he would have been had the parents stayed together.
The third is that if you aren't allowed or use the time sharing (visitation) then you do not have to pay child support. If the lack of contact is due to you or your spouse, that does not alleviate your financially responsibility to your child. Visitation does not equal child support.

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.

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

In Florida, many courts have time sharing or visitation guidelines and they can be specific to distance. In Jacksonville, we have the 4th Judicial Circuit Guidelines, which provide for time sharing throughout the school year and holidays.

Time sharing is now the correct term for visitation and a time sharing plan is required in a case involving children. You can either use the court guidelines develop your own, as long as the other party and/or the court agrees with the schedule.
Long-Distance Guidelines in Jacksonville set-up a number of opportunities for visitation. There is an ability to continue with alternating weekends, but it must be done in the town where the child resides. You can have once/month at your home, depending on the situation surrounding your case. In addition, you will be entitled, again depending on the facts of your case, to timesharing during the Spring Break time each year and summers beginning 5 days after school gets out until 2 weeks before school commences.
Long distance timesharing often has costs associated, so you have to determine what is best for you and the other parent for the child to stay connected to both parents.

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

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

By: Lenorae C. Atter, Jacksonville Family Law Attorney
latter@woodatter
1. What will I pay in child support?
- Child support is a calculation mandated by Florida Statute 61.30 and is based on the net income of the parties as a whole and the individual's percentage of that whole. There are things taken into the calculation consideration such as mandatory retirement and union dues, insurance costs of the child(ren) and day care costs for the child(ren). There can be considerations given for special needs or circumstances, but typically the calculated number will be the actual child support to be paid.

2. Which parent will get the child(ren)?
- The court can look at the history of the family unit, to which parent will be more likely to provide for the child's needs, etc. Ultimately the decision is based on the best interest of the child. While the Courts should look solely to the factors impacting the child, sadly there are still biases that sometimes remain, but those can be defeated under the right set of circumstances.

3. How often will I see my child?
- In Jacksonville, we have 4th Judicial Circuit Time Sharing Guidelines, which sets up the minimum amount of visitation. Each circuit is different, but many have the same concepts in place. Basically, the guidelines set-up alternating weekends, one night per week for dinner, and alternating holidays. Summer timesharing is often switched.

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

1. In a divorce, who gets the home?
- The marital home is a marital asset and is subject to equitable distribution or the assets being divided equally. However, if there are minor children, then typically the party who has the majority of the time with the children will get the home until the children reach the age of 18. If there are no children, one party may force the sale and the proceeds be split equally.

2. What if nonmarital money was put into home?
- If one party put money down on the home that was nonmarital (obtained prior to the marriage ex. sale of prior home), then the nonmarital amount is credited to that party and the remaining equity is split 50/50.

3. Why do I have to pay alimony or spousal support?
- You create it, you support it. Now, there a number of factors that go into this determination of support: length of the marriage, marital history, educational backgrounds, work history, need, etc.

4. How much will I have to pay in alimony?
- Florida does not have an alimony calculator like some states. The Court and attorneys typically have a formula that is based on need, length of the marriage, ability for the party to provide for him/herself, educational background, work history, etc.

5. Do I have to pay alimony or spousal support if my ex moves in with someone?
- No. Cohabitation of a party receiving support is a statutory basis for terminating the spousal support. The ex does not have to remarry, you simply ask for the a modification or termination from the court based on the fact that your ex is receiving support from someone else in the form of a roommate.

In a Florida Times Union article this week, summer visitation/timesharing was a topic of the article, " 'Summer switch' under way for divorced parents, kids", which quoted our attorney, Lenorae C. Atter, on the ins and outs of summer timseharing.
The article focused on the changes for both the children and the parents during the summer months, when visitation alternates from weekends to six (6) week visitation/timesharing. Lenorae Atter added to the article her thoughts on the matter stating, "Atter did the summer switch herself as a child and said problems can arise when kids want to go to camp or other activities in the summer, which can lead parents to feel like “their time” is being infringed upon." She went onto include that timesharing plans and parenting plans work to assist the parties in better communicating with each other and taking the children's interests into consideration as they get older.
Timesharing and parenting plans have been in effect since October 1, 2008, and they are helping parents put the children's needs first in the divorce. A great first step in the way we handle visitation in the future.
Lenorae Atter's reference to "sit back and enjoy the ride" truly is a motto for parents and children to benefit from in the annual time exchange.

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.

Florida's visitation is now timesharing and residential parent is now majority timesharing parent. As a Florida family law attorney I have focused on the parents and children going through this change, but it was brought to my attention that change in visitation and custodial parents is actually having an impact on the Florida schools.
I practice primarily in Jacksonville, Orange Park, Fernandina and St. Augustine, but an article in the Bradenton Herald caught my attention. The article, entitled "Schools Custody Policy Proposed: Custodial Parent Is No Longer Decision Maker In Schools" deals with the impact the new legislation has had on the schools determining which parent is the "go to" parent on school issues. Historically, a family would go through a divorce and the mother or father was determined the "Primary Custodial Parent". In today's world of timesharing, things have changed and the language needs to be tightened up to make things easier. The legislature did create "Parenting Plans" to help in this transition and determine the roles of the parents.
While the article states that timesharing is designed to give both parents 50/50 split, that is actually not true. Timesharing is a way for the parents to feel as if they both get the child and that one parent is not more important or greater than the other. The courts, at least in Jacksonville, still frown at the concept of children not having a stable environment.

Continue reading "Florida's New Parent Timesharing Affects Schools" »

Written By: Lenorae C. Atter
As a family law attorney in Jacksonville, Florida, I handle a number of different divorce cases. The issues are always different because individuals and their assets, debts, businesses, incomes and matters related to their children are always different. One thing I have noticed is the surprise of my clients when they discover a business that was started during the marriage is actually a marital asset or liability, depending on the company's solvency.
In order to define the asset/liability, it is important to recognize what the business is and if the business is solely dependent on the spouse(s) work. A business valuation is typically a good idea, so that an outside, neutral party can determine the actual value of the property.
The other factor in determining the actual income of the parties relies on getting the business information since a number of business owners pay personal things from their business accounts. These accounts are all discoverable during the divorce proceedings, so both sides are on equal footing throughout the process.
Multiple financial actions, businesses and assets, is a great reason to incorporate a neutral financial planner/advisor into the right types of divorce proceedings. One previously mentioned in my blog was Collaborative Law, which uses a neutral financial advisor to assist the clients in reaching an amicable resolution to the divorce.

In a Jacksonville, Florida divorce, just the entry of the, "parties are returned to the status of being single" does not bar a claim for child support, division of assets and liabilities and all other related issues. Basically, it is a tool often used so that the parties can declare themselves divorce, but the proceedings continue the path they were on.
The difficulty is, when one party sees this, it may cause panic, tears, concern and frustration. Actually going about the process correctly takes finesse, patience and understanding for the other party. Explain to them that they are not stopped from getting matters resolved, but simply taking care of one issue, the actual marriage that still holds them as "husband and wife."
When going through such a process, make certain that you have certain things in place like a provision that the Final Judgment does not preclude further action. However, in regards to child support, Florida law makes it clear that you cannot actually negotiate away your right or responsibility to child support.

In Florida, the statutes regarding paternity, child support, visitation and custody have different laws when dealing with an out-of-state parent. I am a Jacksonville area divorce and family law attorney and recently I had a case involving a mother and child that reside here and a father that lives out-of-state. The issue that was difficult to overcome is, "which court is proper to bring actions regarding the child?"
Florida Statute 48.193 requires that the out-of-state resident to have some form of contact with the State of Florida. While the presumed father has the option to prevail on this issue if he has not been in Florida, nor was the child conceived in Florida, that does not resolve the issue for the presumed father.
Once a child resides in Florida, the Florida courts have jurisdiction over that child through the UCCJEA and Florida Statute 61.514. Therefore, all actions dealing with visitation and custody must be brought in Florida, so an out-of-state court may be required by the presumed father, to determine paternity and possibly child support, but if the father wants visitation with the child, he will be required to file in Florida.
Also, if any of the actions in Florida Statute 80.2011, then Florida can have jurisdiction over all aspects involving the child, regardless of the other party's contacts with Florida.
Basically, if someone brings the issue of jurisdiction when dealing with a child, the individual will most likely have to hire an attorney in two (2) states as opposed to one (1). It ultimately makes more sense for all actions to be handled in one court and one state and to save the cost for attorneys.

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.

Written By: Lenorae C. Atter

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

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 has annulments, but they are not governed by Florida Statute or law. As a family law attorney in Jacksonville, Florida, I can honestly say that annulments are rare. Annulments are most common in religious settings mainly because a church will sometimes require one from its divorced members. However, getting a court to sign off on an annulment requires a number of steps to be shown or proven to the court.
In Florida, there are only two ways to be granted an annulment, either by showing the marriage is void or showing it is voidable. While they are similar words, they are very different terms. For purposes of this article, I am focusing on the voidable scenario.
A voidable marriage is one where the parties may present to the court that their marriage is invalid for one of the reasons below. However, if the marriage is consummated (marital relations take place) any time after learning of the voidable action, then an annulment is not possible. The following are the forms and explanations of a voidable marriage.
1. Fraud and deceit: Where the deceiving party was lying regarding material facts and the other party actually rely on the misrepresentation. (Example: not telling the other party ones real identity).
2. Duress and undue influence: The act of duress must be shown to have stopped the innocent party from expressing or acting with any form of freewill.
3. Consanguinity: This is actually where the parties are related within a certain degree of one another (example: first cousins).
4. Impotence: This is simply the inability to have marital relations. However, simply being sterile does not give rise to an voidable marriage.
Annulments are not governed by Florida Statute and require more work than a simple divorce, so you should seek the assistance or a good family law attorney to help you.

A Florida Annulment is not a common practice in family law, but they do occur. Florida divorce attorneys do not see annulments on a regular basis because the standard of proof is very difficult to achieve. Recently, I was successful in getting a fraudulent marriage annulled in Jacksonville, Florida. The facts the case were perfect for showing that the marriage was based on fraud by one party against the other, however, that is typically not the case.
For those who don’t really understand what an annulment does, other than allow you to take communion in a Catholic church, it actually makes it as if the marriage never occurred. It’s not a divorce because it completely works to put the parties in a position as if the wedding, vows, etc. never occurred. They are granted only if the marriage is void (one party still married to someone else) or voidable (induced by fraud) and not consummated after learning of the fraud.
A divorce, on the other hand, is the recognized ending of an intact and valid marriage. A divorce is often an important action when there are children born of the marriage, even if the marriage was voidable at the time. The reason for that is because the parties do not want it to appear as if their child was born out of wedlock.
Florida Annulments are not actually defined by Florida statute, but Florida case law. Therefore, it is important to speak with someone that understands the process before asking the court to grant one.

Florida Statutes 61.08http://"target=_blank"governs the factors the courts can use to determine an award of alimony in Florida. However, in Florida, there is no formula for calculating the amount of alimony that could be awarded to any party like there is in calculating a child support obligation.
The main factors considered are the following:
1. The length of the marriage.
2. The contribution of the parties in the marriage
(a) Did one party give up their career or education for the benefit of the other?
(b) Was one party the primary source of income?
(c) Was one party the caretaker?
3. Does the party seeking alimony have the ability to maintain the same lifestyle as a single as s(he) did during the marriage?

The courts must use only the factors set forth in the above statute so it is important when choosing a divorce attorney in Florida to choose a lawyer who is familiar with the above factors and can apply the factors to the specific facts of your case.

In Jacksonville, Florida, like the rest of the nation, parties are finding it difficult to make the final split and afford a divorce attorney to deal with important issues. Issues that can arise in a Florida Divorce are: the dvision of assets and debts; calculating alimony; child support payments; child custody; domestic abuse; and the valuation and division of the family business.
Some suggestions in divorcing in a bad economy include finding a divorce attorney in Jacksonville, Florida who will work with you on attorney's fee payments, who will provide a free consultation or who may engage in a limited appearance on your behalf to draft and file your pleadings or to serve subpoenas or summonses. There are many creative ways to secure a good divorce or family law attorney in Florida in the waning economy. Be certain to inquire about ways to ease the payment and the process when speaking with a family law attorney.
Divorces can get expensive, but they don't necessarily have to. Be savvy and ask questions. This is a great time to buy a house or a car. Shop for a divorce attorney in the same way as you would those items. You will not be disappointed when you get the same good deal.

The Florida Supreme Court will be deciding the issue of whether the Florida Constitutional provision stating that gays and lesbians and transgendered people in the State of Florida cannot adopt is constitutional. Miami-Dade Circuit Judge, Cindy Lederman, has ruled that the law declaring that homosexuals in Florida cannot adopt violates the equal protection clause of the Constitution. The Court in Miami-Dade applied the best interests of the child standard in reviewing the antiquated law and decided that it would be in the best interests of the child if the child remained with the two men who had raised him and cared for him and loved him while he was their child in a foster care situation.
Florida is the only state that bars gay adoption by its constitution. Now that the Circuit Court has ruled the provision unconstitutional, the Florida Supreme Court has stepped in to make a decision on the actual constitutionality of the issue. The case has sparked many concerns and interests throughout Florida and the rest of the country. Recently the Florida Family Law Section of the Florida Bar has gotten involved with the brief process due to the overall interest and best interest standards for children. The Family Law Section is a separate division from the Florida Bar, but many have publicly protested the entry of the Florida Bar in any form. However, the Family Law section feels the need to get involved in this matter due to the overall interests in protecting rights of Florida's prospective adopting parents, and the rights and best interests of children that are currently in need of a permanent home.

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.

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.

Florida family law has a relocation statute that prohibits parents from taking children more than 50 miles from their residence without first providing notice. In accordance with the Florida statute, if you have been through a Florida divorce or paternity case and your ex has the primary timeshare of the children, there are specific acts that your ex must perform to be allowed to move more than 50 miles from the primary residence. The moving parent does not have the authority to move the parties' children on his or her own accord even if the move is to accept that new employment position paying that dream salary.

In Florida, the primary parent MUST notify the other parent, in writing, of his or her intent to relocate. The notice is called Notice of Relocation and must be signed before a notary and sworn to and filed with the court. The secondary residential parent then has 30 days to file an Objection to Relocation which will be heard before a Judge who will then decide what is best for the children. The Judge will take testimony from both parties and will determine if the move will affect visitation between the children and secondary residential parent, whether the children's relationship with other family members will be affected, the emotional impact of the move on the children and the relationship with the non-residential parent.

Please note that in some cases, if the primary residential parent moves without proper Notice provided to the other party and to the court, then the courts have authority to change the primary residential custody to the non-offending party. Thus, its very important to follow the relocation requirements as failure to do so could result in the loss of custody.

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 law attorney, I have not had the privilege of seeing a case involving $100 million in assets plus alimony in the amount of $130,000 per month. While most of us would think this ridiculous, the truth is that in a Florida divorce the assets are divided 50/50 and alimony is provided under certain provisions.
Marie Douglas-David is divorcing her CEO husband, George David, and in return she is asking for a little less than half his money, a mere a $100 million. In addition, she is requesting alimony of $130,000 per month. While this divorce is causing quite a buzz in the media, in Florida, the actual lifestyle of the couple would be considered and Mrs. Douglas-David is entitled to maintain her lavish lifestyle. The problem is that she signed a post-nuptial agreement that limits her money to $38 million. While all of these numbers are excessive and most of us would be content with the $38 million the truth is that Mr. David is actually worth $329 million and in a Florida divorce (IF the post-nuptial was not valid) Mrs. Douglas-David would be entitled to on half, making her portion $164.5 million, so she's actually letting her husband save over $60 million.
In Florida, post-nuptials are valid. Post-nuptials are entered after the marriage of the parties. It is basically a way for the parties to protect themselves after the marriage commences and the signing party must be informed of all assets. Full disclosure is necessary to make the agreement valid, because otherwise the signing party does not know exactly what they are entitled to receive without the postnuptial.
Postnuptial agreements are less frowned upon than prenuptial agreements because you're not entering into it with the idea that you won't get married unless it's signed. It takes the pressure off both parties, but still protects both parties if anything were to happen to the marriage.

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" »

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 Florida divorces involving alimony, several elements must be met for alimony to be awarded. The Florida Statute regarding alimony sets out 5 types of different alimony available so that different levels of support may be granted. In Florida, alimony can come in the following forms:
1.Permanent: which is self explanatory, but does have limitations for future changes.
2. Lump Sum: basically getting a large amount either at one time or over the course of years.
3. Temporary: again, self explanatory.
4. Rehabilitative: This is used when one spouse has put their career or education on hold, or is need of further training, education, etc. to get a job or a higher paying position.
5. Bridge the Gap: This is designed to provide support from married life to single life and the transitions that one goes through during that time.

Continue reading "Florida Divorce: Alimony & Spousal Support " »

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.

In Florida, when going through a divorce or separation, it is important to get a lawyer that understands the importance of putting down the boxing gloves.
You are ending a marriage and going from love to shuttering at the sounds of her voice or the site of his face, an experienced divorce attorney should take control and guide the client through a constructive not destructive approach. Even though the client may want to "take him for all he's worth" or "destroy her", its the lawyer's responsibility to provide a workable solution especially if there are children involved.
The members of the American Academy of Matrimonial Lawyers have proven that resolutions are often reached without the need for trial. In a 2007 poll, 58 percent of its members indicated that more of their divorce cases over the past five years were settled without trial. Only 12 percent said they were resolving fewer cases without trial. In this present economy, it has been shown that there is a clear preference among middle-income clients to reach agreements without a trial to cut down on the costs of the litigation.
This is not to say that nasty divorce cases are a thing of the past. Not so. In Florida Family, the areas of custody and parenting issues are the highest contested disputes, followed by spousal support and division of retirement accounts.
Due to the new Parenting Statute that went into effect October 1, 2008, the issue of shared parenting should help reduce custody litigation. Nonetheless, the level of resentment the parties may have for one another can drastically affect both the tone and the strife of divorce proceedings.
In the end, there is usually never a true "winner" in a divorce proceeding because of the emotionalism of the area of law. However, your lawyer must be experienced enough to counsel you through the proceeding and to protect your interests from the initial client consultation through mediation to the final hearing. Its important to find a lawyer who doesn't create roadblocks to settling just so he/she can pay his mortgage by billing you. Once the boxing gloves come off and people start to heal, a workable agreement should be able to be reached for both parties ultimate best benefit.

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.