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.

News of the World, a British tabloid, recently ran a front page story purporting to describe all the details of Brad Pitt and Angelina Jolie’s divorce, including financial and child custody negotiations. The problem is that the Hollywood power couple claims they are not splitting up, and they have filed suit against the paper for making “false and intrusive allegations” about their relationship.

The LA divorce attorney reported by the News of the World to be involved in drawing up separation papers for the couple has made a statement denying any contact with the family by herself or any member of her firm.

According to lawyers for the family, News of the World has refused to retract their story or apologize for their content. Further, the stories have been widely republished, using the original story as source material. The paper has declined to comment about the lawsuit.

Since the rumor has started about the impending divorce, Jolie and Pitt were seen together with their son Maddox in Miami, Florida at the Super Bowl. Read more details about the lawsuit over phony divorce reports at BRAD PITT AND ANGELINA JOLIE TAKE LEGAL ACTION OVER SPLIT CLAIM.

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

Studies have shown that fifty percent of children of divorce in Florida and nationwide have problems later in life that are related to their parents’ split. Author Tony Rassini has just released a new book, entitled "Dad, It's Time to Tell the Truth!" Discover what happens when two parents hate each other more than they love their kids, which he wrote partly to help his son deal with the aftermath of his own “ugly” divorce.

The book is written as a memoir, and follows Rassini’s attempts to be a good father to his four children during and after his bitter divorce. He documents his interactions with lawyers, doctors, and the courts, and looks at how all of these interactions affected his children. In the end Rassini realized that the only thing he had to give his son was the truth.

Divorce is a difficult time for both adults and children. Being age-appropriately open and honest with all family members is the best way to smooth over hard feelings and ensure that all parties can get on with their lives without any lasting scars. Reading about Rassini’s journey can help others going through divorce realize that they are not alone. One of the most important factors in the divorce process is having a family law attorney who will advocate on your behalf while also knowing how to avoid needless litigation which ultimately costs you extensive amounts of money and possibly the respect of your family members.

If you are considering divorce, please contact our northeast Florida firm for legal counsel.

You can read excerpts from the book at Father Loses it All and Mends Relationships with His Children.

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.

Positive, life-enhancing, and compassionate are not words most people associate with divorce. Words that more typically come to mind are painful, bitter, resentful, ugly, and battle. A Chicago Judge, Michele Lowrance, who has presided over hundreds of divorces, recently wrote a book on how to handle divorce so that it doesn’t ruin your life or make you and your former spouse miserable. The book is entitled: The Good Karma Divorce: Avoid Litigation, Turn Negative Emotions into Positive Actions, and Get On with the Rest of Your Life.

Judge Lowrance starts by saying that turning over important decisions such as child support, alimony and child custody to the courts means giving up the power you have over your own important life decisions. The book is aimed at keeping a divorcing couple from ever going to court. To that end, she offers divorcing couples practical tips for getting through this tough time with a positive outcome. She reminds people that the court system is not designed to rescue them, or to prove that their position is more righteous than their former partner’s. She advises both parties to be open to the possibility of settlement and to disclose everything honestly.

She also recommends allowing yourself time to go through your negative emotions, but to be ready to forgive when the time is right. She encourages couples to apologize to each other during the process. She believes that both forgiveness and apologizing are empowering for both parties. She also reminds parents that divorce is very hard on children, and it is important to explain to them what is going on as honestly as possible. One type of divorce procedure that is designed to minimize the adversarial aspects of divorce is collaborative law. To learn more about this process contact a Jacksonville Family Law Attorney.

Read more about what makes a good Karma divorce at The Good Karma Divorce.

If you are considering divorce, please contact our Jacksonville, Florida area firm for 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.

Bristol Palin, the nineteen year old daughter of 2008 vice-presidential candidate Sarah Palin, went before a judge recently to ask that her child custody battle with former fiancé, Levi Johnston, be closed. She has filed for sole custody of her son, Tripp, saying that the child’s father is too immature to be a good parent. She argued that all of the media attention would be harmful to her son, and that our modern electronic communication systems would mean that he would be able to read stories about the battle once he is old enough.

For his part, Levi Johnston is asking for joint custody and has argued to keep the case public, saying that he fears the power Sarah Palin could have over the proceedings if they are kept secret. An Alaska judge ruled that Bristol Palin had no evidence that publicity would be harmful to the child, and that the records would remain open.

In Florida, the term joint custody is no longer used. The courts use parenting plans and time-sharing arrangements to govern the rights of parents to raise their children after a divorce. The new rules can be tricky. You should speak with a Jacksonville Divorce Attorney if you have questions regarding a divorce or custody issues. Walking into family court without an attorney is like performing surgery on yourself. It's not a good idea! You should consult with a professional who knows the laws and can protect your rights.

Read more about the Palin / Johnston custody battle at Tripp Palin custody battle to be heard in public, judge rules.

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

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.

The strengthening Families Act of 2003 stated that thirty four percent of all American children live apart from their biological fathers. Forty percent of those children have not seen their fathers in over a year, and fifty percent of those children have never visited their father’s home. The US Census Bureau has reported that five out of six custodial parents are mothers, and that nearly forty percent of fathers have no access or visitation rights to their children.

Unfortunately, many parenting plans in Florida have restrictive visitation rules for the parent with less time-sharing, and do not promote shared parenting or the presence of a child’s father in his or her life after the divorce. Further, a national study revealed that nearly forty percent of custodial mothers admitted to interfering with the father’s visitation to punish him. About fifty percent of mothers reported that they saw no value in their child’s continued contact with the father. The result is the loss of a close relationship between the father and his child.

The fourth judicial circuit guidelines for time-sharing arrangements in the Jacksonville area are the model by which most time-sharing arrangements are designed. However, many times the parent with the most time-sharing takes matters into their own hands by not following the terms of the parenting plan and preventing the other parent from spending time with their child.

If this is happening to you there are laws that protect you. You have a right to spend time with your child. Meet with a Jacksonville Divorce Attorney and discuss what can be done to protect your rights as a parent.

Read more about the plight of divorced fathers and their children at GUEST VIEWPOINT: After divorce, fathers too often excluded from parenting .

If you are considering divorce, please contact our firm for expert family law counsel.

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.

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.

For children of divorce, all too often the holidays are not a time of happiness – they are filled with dread, turmoil and chaos. Divorced parents are forced to navigate a range of issues, but it is possible for parents to help reduce conflict and confusion to make the holidays enjoyable for everyone.

For divorced parents, it is important to keep in mind that everyone experiences stress around the holidays. For divorced families, sadness is also a common emotion around this time of year, as people naturally remember holidays gone by. Add to this the holiday letdown when the credit card bills and tight pants rear their ugly heads in January, and you have a real recipe for disappointment and sadness.

The single most telling factor in how smoothly the holidays will go for children is how well their parents have adjusted to their new lives and to their parenting plans. Having two family celebrations can be great fun for kids – if their parents handle it well. This includes having realistic expectations about how much time the child will spend with each parent, not trying to outdo each other with gifts, and not making the child decide where to spend the holidays – this will only make the child feel guilty.

The best approach is to clearly outline the day’s plans well ahead of time, including discussing and dividing the child’s wish list. Parents need to keep in mind that competing for a child’s love with material gifts only confuses and spoils them. Get more tips for a happy holiday by visiting Children, Divorce and the Holidays; How to Make the Best of a Stressful Time.

Divorced parents should determine where the children will celebrate each holiday, in writing, with the assistance of a divorce lawyer. If you are negotiating a parenting plan, please contact our firm for expert legal counsel.

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.

Alaska governor and 2008 vice-presidential candidate Sarah Palin was forced to admit during her campaign that her fifteen-year-old daughter, Bristol, was pregnant. At the time the young girl and her teenage boyfriend, Levi Johnston, said they planned to marry. But they broke off their engagement earlier this year.

Now Johnston is pursuing legal action to obtain joint custody of the couple’s 10-month-old son, Tripp. He alleges that the Palin family is making it difficult for him to see his son. Sarah Palin is reportedly upset with Johnston for his upcoming appearance in Playgirl magazine. The two have had a publically strained relationship for some time. The Palin family attorney has stated publically that, according to the Palins, Johnston is always welcome to visit his son. You can read much more of the back and forth between Sarah Palin and her former potential son-in-law at Levi Johnston to Sue for Joint Custody of Son Tripp.

For unmarried or divorced parents in Florida, this case brings up some issues related to joint custody in Florida. Many Florida parents are seeking either joint custody or 50/50 rotating custody. The courts in North Florida do not really prefer this type of custody arrangement because some courts believe that the arrangement just isn't practical for the children once they start school unless the parents live within a few miles of one another and demonstrate that they can operate as a real team. If you need help with a custody issue, please contact our firm for legal counsel.

Many clients need immediate help when they first start going through a divorce. The idea that a divorce can take many months to finalize is very upsetting for most people. But there are temporary motions that can be filed to address issues such as temporary child support, custody, possession and occupancy of the marital home and the like. Temporary orders are legally binding guidelines that both parties must follow until the divorce is finalized.

Some common items covered in a temporary divorce order include:
- An agreement not to use the other party’s credit or make a large purchase without advance written notice
- Jointly owned property cannot be sold or used for collateral
- Insurance policies must remain in effect
- A child visitation and child support agreement
- No changes should be made to retirement accounts
- Agreement as to who will remain in the family home

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

Find out more about temporary divorce orders at Temporary Divorce Orders .

Military divorces are subject to certain laws that are not applicable to civilian divorces. As an example, those active in the military are entitled under federal legislation in some cases to delay a divorce or to take advantage of court-appointed counsel. Additionally, military pensions are subject to different rules than private retirement accounts or other types of pensions. Calculating alimony and child support is also affected by federal regulations, as is the location of the actual divorce proceedings.

As a Jacksonville, Florida law firm, Wood, Atter & Wolf, P.A., specializes in military divorces and is well prepared to deal with the unique issues that a military family has to deal with, such as child custody as a result of deployment as well as how to divide and calculate military pay and pension.

If you are an active service member who is considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Military Law and Divorce.

For parents going through a divorce, keeping things civil can be difficult. Not keeping things civil can be difficult for the children involved. As divorcing parents are starting to look for alternatives to fighting over and in front of the kids, co-parenting classes are gaining in popularity. Co-parenting classes are designed to help parents deal with conflicts that come up about the kids after the couple has split. The classes can help parents deal with their anger and frustration in more positive ways, working together to solve issues before they became a fight.

Divorce is a hard time for children, and it is even harder if the parents are not getting along or not speaking to each other. Co-parenting teaches adults much better ways of coping with disagreements, which not only eases the burden on the children, but models positive interactions that they can use in their own lives.

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

Find out more about this topic at Divorce 101: Co-Parenting Experts Help Couples Like Jon and Kate Gosselin.

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.

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

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

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

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

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, 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

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.

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

One of the most common issues that I see arise after a divorce in Florida is that the primary time-sharing parent wants to relocate to another State or out of the county in which the divorce was finalized and away from the non-primary time-sharing parent. I see clients on both sides of this issue. I represent clients who want to move and I represent clients who want to prevent the other parent from moving. Florida governs this issue with The Relocation Statute located in the Florida Statutes. The Courts will determine the issue of relocation by using the best interests of the child standard and is to consider the parent's reason for seeking or opposing the relocation, the current relationship between the child and each parent, the impact that the relocation will have on the quality of the child's relationship with the non-relocating parent, the emotional effects that relocating will have on the child, and the practical effect the relocation will have on the child's ability to maintain a close and loving relationship with the non-relocating parent.
If you want to move out of the State of Florida with your child, there are some statutory tasks that you must do to be able to accomplish the move. Also, if you want to object to a relocation, there are specific things you must do to object. Please call our firm for the help that you need in realizing these steps and for the help that you need.

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

Just about the worst thing that can happen to a parent is to have their child abducted. In the course of a divorce case with custody or time-sharing that is at issue, unfortunately, child abduction by a parent can be a real threat and a real reality. There are approximately 200 cases of parental child snatching every year. Sometimes these parents leave the home state of the child or remove the child from the United States altogether. Florida, like most states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which rules that initial child custody determinations should be made by the child's home state. A child's home state is the state in which a child has lived with a parent or guardian for at least six (6) months.

Continue reading "Parental Kidnapping: What To Do To Recover Your Child in Florida!" »

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

Going through a divorce in Jacksonville, Florida or its surrounding areas can raise questions involving visitation, child support, alimony, etc. However, what about grandparents and the impact of divorce on them? In Florida, grandparents are not given a statutory right or any other right to the grandchildren, except as decided by the parent(s).
This matter may arise if the parties that are divorcing disagree on the grandparents having visitation, or if one of the parents is deployed, incarcerated or otherwise not allowed visitation with the children. The primary residential parent would be the decision maker for the children in that scenario. Therefore, that parent can determine with the grandparents will actually get any form of visitation with the children. As grandparents, it is best to keep a good relationship with your own child and your child's spouse/exspouse in order to preserve a relationship with your grandchildren.

In Jacksonville, Florida family law, I deal with cases involving children, divorces, support, visitation and custody, and as d a person interested in my work, I find different information helpful. What is most interesting, however, is that there are so many different statistics we can view, pieces we can read on the effects of divorce, societal changes and how they are affected, and multiple other news and information outlets regarding this topic. However, it does not seem like most of the information provided is from firsthand experience and what a child may have witnessed in their broken home(s).
Recently, I was reading an article in the Washington Post on, the book "The Marriage- Go-Round" and how Americans have a higher rate of divorce than any other country in the world. Not only that, Florida has a higher divorce rate than mid-west or western states. The article discusses the whys and why nots and stability's role in our lives. "If you already have a child and you've broken up with the other parent, slow down. Take your time bringing new people into your household." Andrew J. Cherlin, a Johns Hopkins University sociologist.
The issues raised in the book and the article are all factors in considering a "Parenting Plan," which is now a requirement in divorces involving children. It allows you to factor in the many difficult decisions you and your exspouse will be making through your child(ren)'s life. It's important to consider factors in dealing with new relationships and introducing them into your lives. It also allows you to consider birthday, graduations, weddings, etc.

On Father's Day weekend, Governor Sanford was not celebrating with his son, but with his mistress. In Florida divorces, while we recognize adultery as having an impact, we do still recognize "no fault divorce". However, if Florida allows the affair to be acknowledged monetarily what about the consequences with children and visitation/timesharing?
Governor Sanford told his family that he needed a to the Appalachian Trail, but with four sons, the question still warrants whether the children were impacted by an absentee father for a national recognition of the same. Then, to add insult to injury for the children, it came out that Governor Sanford was no where near the Appalachian Trail, he was thousands of miles away visiting his mistress.
While we look to his wife for her response, the children remain the silent victims. I would have to assume, that even a no-fault divorce state, the emotional impact of Governor Sanford's actions will actually play a role in the overall determination of who the children live with and how liberal Mark Sanford's visitation will be.

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.

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?

In Florida, when parties obtain a dissolution of marriage and there are children involved, one issue is which party will carry the health insurance on the children. If the party who does not have primary timesharing with the children carries the health insurance for the children, he or she will receive a "credit" towards the child support obligation to help cover the cost of the health insurance. As such, it can be a benefit to be the party who sustains the health insurance obligation. However, recently, the government has been exploring the idea of taxing health insurance benefits to employees. Under the current law, employer contributions for health insurance premiums provided for employees are not taxable income to employees, but that could change in the near future. Be aware that if health benefits become taxed as income to the party maintaining the insurance on behalf of the children that this could affect the child support, net monthly income and "credits" provided to the obliging party.

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.

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.

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

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

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

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

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.

As a Jacksonville, Florida family law attorney, divorce, visitation and custody issues are part of my daily practice. Visitation and custody are usually emotional and working with a client on their parental demeanor is vital in moving forward and eventually going before a judge. When dealing with custody and visitation of a child it is important that the court sees that you are willing to cooperate before pulling out a sword.
As of October, 2008, the Parenting Plan Statute went into effect with the purpose of countering bad behavior. The timesharing and parenting statute requires all parents to file and have the court approve a parenting plan that lays out exactly how all issues of time sharing with the minor children are going to be handled. Instead of limiting yourself to only two options, winning it all or losing, there is another, more productive way to approach the custody issue. The approach may require more maturity than some parties can muster, but, for those able to shift gears, think rationally and be patient, the following approach can be rewarding for them and their children. These steps can lead to a better solution for all, especially the children.
Think about, discuss and decide what your ultimate goals are for the kids. What outcomes would you like to see? Many people would want some of the following (or similar) goals:

1. Family Relationships
a. The kids having a great relationship with both parents
b. The kids having a great relationship with their extended families
c. Financial security for the children
d. Having a safe, secure home for the children
e. Having good schools for the kids
f. Providing for a college education for the children
g. Providing sports opportunities for the children
h. The opportunity for the kids to learn music, art or other interests

Each parent can decide what he or she thinks would be important goals for their children. Broader, underlying goals are more helpful and meaningful. If both parents think of goals in broad terms, they often can agree on them.

2. Look at the big picture.

a. Financial abilities of the parents
b. Parental/family member time available
c. What homes and schools are available and affordable
d. What the parents’ neighborhoods are like
e. The existing relationships between parents and children and the roles each parent plays with the children
f. What community resources are available
g. What special needs, if any, a child has
h. What interests the child has

Continue reading "The Importance of Attitude: Florida Divorce, Visitation & Custody" »

In Jacksonville, Florida, Family Law and Visitation took on a new role on October 1, 2008 and the way custody and family law has been practiced in Florida is no more. With the new parenting plan statute, judges are no longer to use taboo words such as custody, visitation, custody litigation, primary residence or access and contact. The words will now be replaced with the terms "parenting", "parenting plan litigation" or "time sharing schedule litigation", "time sharing majority of the time", and "time sharing".When dealing with visitation and parent-relations, "best interests" of the child factors have now changed and new factors have been implemented in Florida Family Law. The Florida parenting plan statute is designed to isolate the children from the divorce proceedings as much as possible and to emphasize drafting a plan to help parents in divorce meet the child's needs.
The following factors are now considered when parents are divorcing and custody and children are at issue:
(a) The demonstrated capacity & disposition of each parent to facilitate and encourage a close & continuing parent-child relationship, to honor the timesharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity & disposition of each parent to determine, consider & act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child The permanence, as a family unit, of the existing or proposed custodial home.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the child is of sufficient age.

Continue reading "Jacksonville, Florida's New Parenting Plan Requirements" »

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

Florida law requires that all divorcing couples with children have a parenting plan, which includes support obligations for both parents. How do the courts in Florida determine a parent’s child support responsibility? The formula, outlined in Florida Statute 61.30, uses the parents monthly income to figure the total child support payment amount. Then each parent is assigned a percentage of responsibility based on their income as a percentage of the total income of both parents. There are some other factors that come into play as well.

Child care: 100% of child care costs due to employment must be added to the support amount.

Health insurance: Any premiums and ongoing medical expenses not covered by insurance must be added in.

Determine the actual amount of support: Florida allows parents to increase or decrease support obligations by as much as 5% without court approval.

Adjust for overnight visits: Child support must be calculated based on the number of nights the child regularly stays with each parent.

Add a provision for terminating child support: In order to automatically end support payments when the child turns eighteen, joins the military, or other recognized events, parents must include a provision for this in the parenting plan. Otherwise the parents will have to return to court to reduce or eliminate the payments.

Consider insurance: The court may require a payer to obtain life insurance. The court cannot require disability insurance, but parents can include a provision to maintain an existing policy.

If you are considering divorce and have children, please contact our firm for legal counsel. Find out more about Florida child support law at Florida Parenting Plans - Child Support Issues to Consider.

In a majority of Florida visitation cases, stopping the relocation of a custodial parent is difficult. After a divorce, determining paternity, or separating, relocating or moving with a child is not as easy as hiring a moving van. In Florida, there is a relocation statute requiring the relocating parent to inform the other parent of his or her intention to relocate and file that notice with the courts.
Once notice is provided, the parent that is not relocating has the option to file an objection to the move, with the court. Once that objection is filed, the judge must have a hearing to determine if the move will be permitted.
At the hearing, the parent that is relocating must show the court that the move is in the child's best interest and that it will not infringe on the non-relocating parent's visitation and relationship with the minor child. Also, there has to be a showing that the parties are able to afford travel expenses involved in continuing that visitation.
The courts want to preserve the non-relocating parent's relationship with the minor child and if the relocation would significantly diminish that relationship then the courts may be more apt to preserve the visitation rather than allow the relocation.

Written by: Whitney R. Lonker
Wood, Atter & Wolf, P.A.

New York Yankee fans can rest assured that Alex Rodriguez (A-Rod) will be able to focus on baseball this year. His Florida divorce is over after less than a year battling with his (ex) wife, Cynthia Rodriguez. The couple was able to reach a settlement agreement, trumping the need to go to court.

Cynthia Rodriguez filed for divorce in Miami, Florida in July, 2008. The petition filed with the court stated, “The marriage of the parties is irretrievably broken because of the husband’s extramarital affairs and other marital misconduct.” Florida is a “no-fault” divorce state, meaning that the affairs really held no legal bearing on alimony. However, any money A-Rod used in advancing the relationships could come back to pad the pocket of Mrs. A-Rod. For example, a trip to England to visit a certain pop star could be fully reimbursed depending on the settlement reached by the couple.

Continue reading "A Florida Divorce Makes Yankee Fans Happy" »

In Florida, the parent that does not have the child the majority of the time does have rights. The court's main objective is to foster a good relationship between children and parents. In Jacksonville, Florida, the Court has developed the 4th Judicial Circuit Visitation/Timesharing Guidelines to help institute a satisfying schedule for both parents. These guidelines are suggested for parents that cannot reach a satisfying agreement regarding timesharing (visitation). If you and the other parent are able to agree on a schedule, then you can have a more liberal plan in place. Factors in determining the proper timesharing/visitation is also different when the child is under the ageto attend school and it changes if the child lives in a different city or state, depending on the distance.

Parental time sharing is considered important in Florida because it is in the best interest of the child to have a relationship with both parents, if possible. Florida Statute 61.13 details some of the aspects of handling visitation, but typically the courts in your area will have certain guidelines they follow. It's important to know what rights you have as a parent and to implement those rights with the court.

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

Having grown up in Florida, in a divided home. this is something I know a lot about. As a family law attorney in Jacksonville, Florida, I utilize what I learned as a child in dealing with similar situations. Dividing holidays, birthdays, special occasions and family vacations are a concern for any parent going through a divorce or paternity action. In Jacksonville, FL, we have the 4th Judicial Circuit Visitation Guidelines, which were designed by the court to make division of time easier on parents when they cannot reach an agreement.
Development of a timesharing and parneting plan assists the parents in formulating their schedule for the youth of the child, not just year-to-year. For instance, in accordance with the Jacksonville-area guidelines, holidays are alternated between the parents. In odd numbered years Thanksgiving will be with one and Christmas will be with the other and it will switch for the following,even-numbered year. If you are fortunate to all live in the same city, then it is alternated a little differently.
In approaching the subject with your children, it's important to keep a positive attitude about the changes. Remembering the "silver lining" ideas, such as more presents and twice the celebrations. I remember having two birthday parties, which seemed like the coolest thing in the world when I was a kid.
When separating and developing two different households things will never be perfect, but they can and often do work.

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

Florida courts recognize that some spouses do not have the income of the other and may have a need for assistance while they go through a divorce. Temporary needs have been established to protect a spouse needing support to remedy the ability for the soluble spouse to overpower with a "hired gun" because it provides the court the ability to assess attorneys fees and costs to the nonsupport seeking spouse. This levels the playing field and assures legal representation for both parties.

In addition to providing legal fees, the Temporary Needs are designed to assist in keeping the status quo of the marriage. Temporary Needs can address the following: alimony (to be provided during the divorce); child support; the marital home and expenses; etc.

The theory is to provide a comfortable transition for both parties and to address the issues that are pending immediately upon separation and the filing for a divorce. In order to preserve these rights and make certain that your issues are being addressed, it is important to contact an attorney who would be able to walk you through your situation and what you may or may not be entitled to receive.

In Florida, moving with a minor child is more than just hiring a mover. Florida Statute 61.13001 gives you specific directions in dealing with this topic, but not following the statute can lead to many issues.

If you are moving 50 or more miles away and you plan on taking your child(ren), then the statute requires that you inform the other parent by Notice and let the court know of the change. The other parent has the right to object to your relocation after receiving notice. If you move before the relocation is entered with the court, then you can be forced to return to Florida, with the child. Failure to comply can lead the court to order you stay in Florida; change the primary residence of the child; or other otions available to the court. It is important to understand that Florida Statute 61.13001 is very precise and has a number of requirements, it is important to follow the statute precisely and would be beneficial to seek legal counsel.

For many years, the courts in Florida have embraced the idea that a child of divorced parents should enjoy the input and direction from both parents, not just the parent who has “custody.” So, under Chapter 61, Florida Statutes, the court will typically require that the divorcing parents have “…shared parental responsibility.” Sometimes this is loosely referred to as, “joint parental responsibility,” or at least what that’s what the parents “hear” when they hear “shared parental responsibility. But this does not mean “joint custody.” Joint custody is where each parent has “custody” of the child for roughly equal lengths of time. This is not usually favored by Florida courts, as it often becomes impractical, especially if the parents live too far apart, or even in different school districts, much less different cities. Also, as children grow, their circle of friends and social interests expand, which can be compromised by their going back and forth between parents like a ping-pong ball. So, “shared parental responsibility” or even “joint parental responsibility” is not the same thing as “joint custody.”
With “shared parental responsibility,” both parents keep full parental rights and full parental responsibilities. Section 61.046, Florida Statutes. This also means that the parents must consult and confer with each other on matters concerning the welfare and best interests of the child, especially on major decision. When it comes to medical care or education, these decisions should be made jointly, if possible, after the parents have consulted each other. However, sometimes a court will split these areas of responsibility between the parents. Section 61.13(2), Florida Statutes.

In a typical divorce case, the child’s “primary residence” is deemed to be with one parent, who is granted the “primary residential care” of the child. This parent is usually referred to as the “custodial parent.” Sections 61.046(3), 61.13(2)(b) 2.a., Fla. Statutes. Not surpisingly, the other parent is usually called the “noncustodial parent.” Section 61.046(10), Florida Statutes. But none of this labeling changes the basic fact that the parents usually share in the parental rights and responsibilities for the child.