Visitation Issues

January 19, 2010

Jacksonville, Florida – Birth Parents Take Back Custody of Daughter from Adoptive Family

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.

January 14, 2010

Understanding Prenuptial Agreements

By Erlinger Family Law

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:

January 13, 2010

Chris Evert and Greg Norman’s Florida Divorce Finalized

By Erlinger Family Law

Tennis star Chris Evert and golfing legend Greg Norman were married for fifteen months before their marriage ended in divorce recently. A close family friend to Ms. Evert is now speaking to the media, saying that the marriage failed due to the stress Ms. Evert felt balancing her time between her husband and her three teenage sons from a previous marriage. The source reported that there was tension between the two over Norman’s extensive travel schedule and Ms. Evert’s desire to spend time with her children. During the marriage Ms. Evert did spend quite a bit of time travelling with Norman, but now says she regrets the decision, according to the friend.

Ms. Evert is now reportedly enjoying more time with her sons, Alex, Nicky and Colton, aged eighteen, fifteen and thirteen, respectively. Ms. Evert and Norman finalized their divorce in December of 2009 at the Monroe County Courthouse in Key West, Florida. Neither Ms. Evert nor Norman had any comment on the divorce.

Marriage is difficult, and competing loyalties between a new spouse and the children from a former marriage can add a layer of stress to a marriage that is hard to deal with. In this case, unfortunately the couple was not able to overcome their differences. Read more about the Florida divorce of Chris Evert and Greg Norman at Why Did Chris Evert and Greg Norman Divorce?

January 12, 2010

Judge Rules That Custody Battle over Sarah Palin’s Grandson will be Public Record

By Erlinger Family Law

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.

January 8, 2010

Tiger Woods’ Marital Problems Bring Up Issues of Florida Rules Governing Premarital Agreements and Child Custody

By Erlinger Family Law

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

January 6, 2010

In Florida, Divorce Often Means Children Spend Less Time with Father

By Erlinger Family Law

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.

January 6, 2010

Jacksonville, Florida and other Military Parents Risk Losing Custody of Children When Deployed

By Erlinger Family Law

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.

December 31, 2009

Florida Parental Relocation – What Florida Statute Applies?

By Erlinger Family Law

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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.

December 30, 2009

How Divorced Parents Can Ease the Pain And Conflict of the Holidays for their Children

By Erlinger Family Law

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.

December 8, 2009

Spring Hill, Florida – Desperate Father (Samad Nesser) Tries to Prevent Ex-wife from Taking his Son to France

By Erlinger Family Law

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.