Morality clauses used to be popular in the South. These clauses were included in a Judge’s divorce order and usually required one or both of the divorcing parents to take some action (or refrain from taking some action). For example, a common morality clause was to require that a woman…
You’ve probably heard the concept of “joint custody” in divorce cases. You might think this means that parents share custody of their children equally, with each parent having custody time similar to equal to the other parent. There’s a problem with this idea, however: “joint custody” does not exist in…
Florida is a “no fault” divorce state, meaning that either spouse may seek a divorce without showing cause for the desired separation. The spouse seeking a divorce has the option to simply claim the marriage is “irretrievably broken.” Generally, Florida courts are not concerned with which party played the greater…
Under current law, if parents of a child are living apart, the parents have to create a parenting plan that must also be approved by the court. The plan generally must outline the parents’ responsibilities and time-sharing rules. If a parent wishes to change the plan, the parent must generally…
As a Florida child custody attorney, parents often ask me if one spouse can limit their right to raise their child in any one religion. Florida custody lawyers recognize that there are many different religions that create very diverse belief systems, especially when it comes to the custody of children…
A story from Indiana recently went viral on the Internet. It was about a woman who created a fake Facebook profile to befriend her ex-husband, David Voelkert, and get “dirt” on him to use in the couple’s custody battle. The woman thought she struck gold when her ex-husband told his…
If you live in Jacksonville, you’ve likely heard of Cristian Fernandez, the 12-year-old charged with first-degree murder of his 2-year-old brother. You may also have heard that Cristian’s mother, Biannela Susana, is being charged with negligent homicide. It is alleged that Ms. Susana was not at home at the time…
“Can I move out of state as primary parent of my child?” As a Jacksonville Family Law Attorney, I continually receive this question and just received it again in my email. I have also previously written a blog on it. To briefly answer this question, a parent who has majority…
A recent custody case in Western Florida shows just how important relationships with family members can be. For the last five years, two Panama City children have been in their grandparents’ custody while their mother was in and out of jail. However, when a judge granted custody back to the…
As a Jacksonville, Florida adoption attorney, people often ask me how they can adopt or take legal custody in Florida of a relative such as a grandchild, niece or nephew or sibling. There are several ways you can adopt or gain legal custody in Florida of your loved one. Some,…