Child Custody

October 7, 2011

Child Custody: 50/50 Custody

As a Jacksonville Beach Child Custody Lawyer, I will, on occasion, have clients ask whether the Judge overseeing their divorce will likely grant them and their soon-to-be ex-spouse 50/50 timesharing (commonly known as custody). The law surrounding this question is convoluted at best.

Basically, Florida law has established a presumption against ordering rotating or 50/50 timesharing. With this presumption Florida courts have traditionally not ordered 50/50 timesharing unless the court can find that exceptional circumstances exist which make such a timesharing arrangement in the best interests of the child.

However, in 1997 the Florida Legislature enacted section 61.121, Florida Statutes, which states as follows: “The court may order rotating custody if the court finds that rotating custody is in the best interests of the child.” And looking just at the plain language of this Statute it appears as though there is no presumption against 50/50 timesharing.

October 1, 2011

Paternity: Who are the legal parents?

by David M. Goldman

As a Jacksonville Paternity Lawyer, I often have cases where the parties are not married but they have a child in common. In my experience many men falsely believe simply because their name is on the birth certificate that they are legally the fathers. In Florida this is simply not the case!

Under Florida law, until a Judge signs an Order which determines you are the father, then the child is NOT legally yours. As such, you have no legal rights to the child for timesharing or parental rights of any kind.

In order to be recognized as the legal father in Florida it is necessary to file what is called a Petition for Determination of Paternity. Paternity actions are brought before the court in order to assist a parent in acknowledging and protecting important time-sharing and child support rights and/or obligations.

September 30, 2011

How to Modify a Divorce Order?

by David M. Goldman

As a Jacksonville Family Law Attorney, I am often asked whether a child timesharing order can be modified after a divorce or paternity action in Florida. In short, the answer is yes. Parents can change their timesharing agreement, however, the standard under Florida Law if often difficult to satisfy.

In general, Florida courts require a “substantial change in circumstances” to justify a modification of a child timesharing agreement. A parent asking for the change can show a substantial change in circumstances in several ways. Some examples include a geographic move or a change in lifestyle. If a custodial parent makes a significant move, or a move will seriously disrupt the stability of a child’s life, the move may qualify as a substantial change in circumstance and warrant a modification of the timesharing agreement. Additionally, if substantial changes in a parent’s lifestyle threatens or harms a child, a modification to the timesharing agreement may be granted.

Florida courts further use the “best interests of the child” standard as a guiding principle when making timesharing decisions. This principle often trumps all other factors when making any kind of timesharing decision. A parent wishing to change the residence arrangement under a divorce decree has a heavy burden to satisfy. In these cases, it is essential to retain a knowledgeable Florida Family Law Lawyer.

September 24, 2011

What Should You Wear if You Have to go to Court?

by David M. Goldman

Hiring a good Florida Family Law Attorney is one of the more important decisions you can make in your family law issue. A good attorney will use the most persuasive means to advocate your cause.

Sometimes, however, people overlook a very important aspect of persuasion: your attire. As the client, you want to give the court the best impression you can. This means you need to dress conservatively. The court may not say anything if you show up in jeans and a cut-off shirt; however, the court definitely does notice it. You want to make a good impression, so wear something you might wear to church or to a nice restaurant.

Most of all, you want to convey respect to the court. Look presentable. The court might not notice if you got a new haircut, but it will definitely notice if you just rolled out of bed. Being presentable to the court will help your Florida Family Law Attorney persuade the court to your side. Contact an attorney to discuss any family law issues you may have.

September 22, 2011

How much does a Divorce Consultation Cost?

by David M. Goldman

Jacksonville Divorce, custody and family disputes are highly emotional and important matters that we at Law Office of David M. Goldman take special pride in handling. Regardless of the circumstances, the break up of any marriage involves many legal issues that cannot be overlooked and must be thoroughly researched and evaluated so that our clients obtain a fair and equitable result upon termination of their marriage.

Our Jacksonville Florida Divorce and Family law Attorneys recognize that a divorce or child custody issues can create stress and cause individuals to take unrealistic positions on various topics. We strive to open lines of communication and help families work through this difficult process while creating an environment that allows children to have a normal healthy lifestyle. Whether you need an uncontested divorce or just enforcement of a previous agreement we are able to help preserve and enforce your rights in Duval, Clay, Nassau, and St. Johns County. 

If you are considering divorce or have just been filed with divorce papers contact a Jacksonville Divorce Attorney at (904) 685-1200 to schedule a free consultation. Weekend and night appointments are available.  

September 18, 2011

Can I Relocate With My Minor Child Without the Other Parent’s Permission?

by David M. Goldman

Florida Statute 61.13001 governs this issue of parental relocation with a minor child. The Statute defines Relocation as, “a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.”

The Statute further states, in so many words, unless an agreement has been entered between the parents as to the relocation the parent desiring to relocate must file a Petition to Relocate with the Court and serve the same upon the other parent.

As a Jacksonville Family Law Lawyer, I know what this Petition needs to entail and the process of filing it and arguing it (if necessary) before a Judge.

September 13, 2011

The Dangers of Social Networking in Divorce

by David M. Goldman

If you are going through a divorce, it is very important that you try not to talk about it to too many people. It’s natural for you to vent your feelings and anger, but keep these conversations limited to close friends and family.

You should never discuss any aspect of your divorce on any social networking site, such as facebook and twitter. Not only can this start needless arguments online, but these arguments are archived essentially in stone. Even if you delete a comment or post, it has been archived on a computer that you likely do not have access to. In certain circumstances, this information can be subpoenaed or obtained through other methods and then used against you.

In fact, the lawyer for the other side may find a way to use social networking information against you, even if you think it’s something innocent. For example, if you have pictures of yourself at a bar, the opposing council could use it in a custody battle. Or, if you tell your former spouse that you don’t have any money, don’t post pictures of your new car on your profile.

September 12, 2011

Dating During Divorce, is it ok?

by David M. Goldman

Clients often ask me whether it will hurt their divorce case if they date someone before their divorce is final. I tend to tell them, it depends on whether or not children are involved in their divorce.

If children are involved, especially young children, I think it is probably best to hold off on dating. This is especially true if you want to introduce the children to your new significant other. This could cause issues with the children and your soon to be ex-spouse.

However, if no children are involved in the divorce I don’t think dating during the divorce process will necessarily harm the case in a negative way. But I still think it should be done discreetly.

September 6, 2011

Parenting Class and Divorce

by David M. Goldman

The State of Florida requires all parents seeking dissolution of marriage to complete a parenting course before granting a pending divorce. Said parenting course is designed to educate parents on the complex and challenging issues that often arise through the divorce process with parents and children alike.

In Duval County the required course is the Children First in Divorce Program offered through Hope Haven’s Children’s Clinic. Both parents are required to complete the course but do not have to do so together. Also, many Judges require completion of the above mentioned course in paternity actions.

If you are a parent considering divorce in Duval County and have questions regarding what else Florida requires in a dissolution of marriage proceeding contact a Duval County Divorce and Child Custody Attorney today.

September 1, 2011

Planning for Disasters in Your Parenting Plan

by David M. Goldman

While Hurricane Irene brought minimal damage to Florida, Floridians are well aware of the destruction and disruption such disasters can cause. Despite this, many parents fail to take such disasters into account when creating their timeshare schedule.

For example, let’s say you and your spouse split timesharing throughout the year. You have timesharing for a few weeks during the summer, but your spouse has majority timeshairng. Unfortunately, a hurricane arrives and cuts your visit a week short. You were really looking forward to spending as much time as you could with your children, but your spouse is not keen on allowing you to keep the kids past your court-ordered date.

If your agreement doesn’t mention natural disasters, you might have to petition the court to allow you to keep your kids a few extra days. Doing so isn’t free, and this may deter many parents from trying to get relief in court.