Child Custody

August 31, 2011

Can I Move Away Without the Other Parent’s Permission?

Courts have one primary consideration when making decisions involving children, and that is the best interests of the child. There is no law that says that you may absolutely not move your children away from the other parent; however, the other parent can generally petition the court to prevent your move. If the other parent is not involved in the children’s life, he or she will not likely file this petition and you can hopefully move without any worries. Even if the other parent does file, the court will not likely side with a parent who has not made an effort to be part of the children’s life before the move.

However, if the other spouse is involved in the child’s life, or if the court has previously approved a parenting plan, you may have to seek the court’s approval before moving. This is where the court considers the interests of the child. For example, if you have primary custody and move because of a new job, the court may find that the children’s interests are best served by the move. As primary caretaker, your new job will benefit the children.

If you are thinking about moving but aren’t sure whether you need court approval, contact a Florida Family Law Attorney.

August 26, 2011

Florida Woman Accused of Trying to Sell Her Own Son

by David M. Goldman

St. Petersburg Times reported on Sunday, August 21, 2011, that a Pinellas County woman was arrested on charges of sale of parental rights and violation of probation for grand theft.

According to reports, sometime last week, Jessica Marie Beers, 28, offered to sell her son to James Gardner and his wife to feed her drug habit. Since the arrest the minor child has been in custody of child protective services.

Should you find yourself having legal issues regarding your parental rights contact a Jacksonville Family Law Attorney for further assistance.

August 17, 2011

What is a Parenting Plan?

by David M. Goldman

A Parenting Plan is a document that governs the way divorcing parties relate to one another about the decisions made regarding their children. A Parenting Plan includes a time-sharing schedule that dictates when the parties’ children will be spending time with each parent, including overnights, weekends, holidays and summer breaks. Also included in a Parenting Plan is how often and the method of technologies that the parents will use to communicate with the children.

If a Parenting Plan can be developed and agreed to by the divorcing parents then it only needs the approval of the Court to become binding. However, if the divorcing parents cannot agree, the schedule will be established by the Court’s determination.

If you have questions regarding an upcoming divorce or a current parenting plan contact a knowledgable Jacksonville Divorce Attorney today.

August 16, 2011

Florida Child Custody: Shared Parental Responsibility

by David M. Goldman

Shared Parental Responsibility is the legal presumption in Florida regarding Parental Responsibility. The Court feels that both parents should be actively involved in their children’s lives, education, religious upbringing, health and welfare. The Court will grant Shared Parental Responsibility unless one parent is truly unfit and then the Court will grant Sole Parental Responsibility to the fit parent. Otherwise, both parents will work together jointly raising their children.

To learn more about related child custody issues contact a Jacksonville Child Custody Attorney today.

August 9, 2011

Child Custody Evaluations In Florida: How Can They Hurt Or Help?

by David M. Goldman

As a Jacksonville Child Custody Attorney, I often use a tool called a child custody evaluation in Florida. This tool is also called a “social investigation”. In highly contested custody cases in Florida, I use these social investigations for my client to show the benefits of my client to the children. In a child custody evaluation, an evaluator who has been appointed by the court will interview both parties, the children and any witnesses that the parties wish the evaluator to speak with. Then, using the factors set forth in Florida Statute 61.13, the evaluator will write a recommendation to the court and make a suggestion to the court as to which parent should be the childrens primary majority time-sharing parent. The courts tend to follow the evaluators’ reports most of the time so it is extremely important to have a Florida Child Custody Lawyer who is an expert in the field of reviewing and challenging social investigations or custody evaluations. Please call a Jacksonville Child Custody Attorney today for assistance in any custody issue that you may have.

August 6, 2011

Child Custody Modification In Florida

by David M. Goldman

As a Jacksonville Family Law Attorney, I am often asked whether a child custody order can be modified after a divorce in Florida. In short, yes, parents can change their Florida custody agreement. However, the standard under Florida Law if often difficult to satisfy. In general, Florida courts require a substantial change in circumstances to justify the modification of a child custody agreement in Florida. 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 custody agreement. Additionally, if substantial changes in a parent’s lifestyle threatens or harms a child, a modification to the custody agreement may be granted. Florida courts use the “best interests of the child” standard as a guiding principle when making custody decisions. This principle often trumps all other factors when making any kind of custody 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 good Florida family law lawyer. If you have any questions about specific circumstances, contact a Florida family law attorney today, and I will be happy to help you.

July 29, 2011

Father’s Roles In The Lives Of Children In Florida

by David M. Goldman

As a Florida child custody attorney, I often see families that are having to learn to live separately. Roughly one out of every four fathers lives separately from a child. According to the Pew Research Center, education is a large indicator of whether a father will stick around and be involved in his child’s life. For example, 40% of fathers with less than a high school diploma do not live with their children. Compare that with only 7% of fathers with diplomas who live away from their children. Fifty years ago, 89% of children lived in a home with their fathers. That’s down to 73% today. However, 93% of fathers talk with their children several times a week about their lives. Further, over 90% of fathers who live with their children consider themselves to be either “good” or “very good” fathers, while less than 50% of fathers who lives separate and apart from their children feel they are in that category. This kind of thinking is wrong! Despite the trend for fathers to be decreasingly present in their childrens’ lives, it is still important to maintain some level of contact if possible. This is just one of the many considerations a good Florida divorce lawyer can speak with you about if you are considering a divorce in Florida. If you are in this situation and want more time with your children, please contact a Florida child custody lawyer today.

July 27, 2011

How Can Grandparents Gain Custody Over Their Grandchildren?

by David M. Goldman

There are multiple reasons why it happens, but the fact is more and more grandparents are finding themselves having to take care of their grandkids. The problem is, however, grandparents often can’t get their grandchildren the services they need due to various legal complications. For example, grandparents don’t automatically have the ability to enroll the children into school or the doctor’s office. Without filing the right paperwork, grandparents can’t get the assistance they likely need to take proper care of their new responsibilities.

Obtaining the rights necessary to take care of grandchildren can be a frustrating, bureaucratic process and can usually takes around a month to complete. It’s important to contact a qualified attorney to help you through the process. If you are in the Jacksonville area, contact a Jacksonville Family Law Attorney.

July 25, 2011

Jacksonville Child Custody Lawyer: Modification of Timesharing Agreements

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. In short, yes, parents can change their timesharing agreement. However, if the parents disagree about the modification, the standard under Florida Law is often difficult to satisfy.

After a final decree establishing timesharing is filed with a court, parents may later agree to modify its terms. Although not required, it is advisable to obtain the court’s approval for the modification so that it may later be enforceable it needed. Generally, courts approve modification agreements unless it appears the modification is not in the best interests of the child.

If a parent wants to change an existing timesharing agreement and the other parent will not agree to the change, he or she must petition the court to modify it. Generally, a court will allow a modification if the parent asking for the change can show a “substantial change in circumstances.” Some examples include a geographic move or a change in lifestyle.

July 19, 2011

Child Support Enforcement

by David M. Goldman

Timesharing disputes often conclude where one party is granted majority timesharing of a child, while the other is issued a court order to pay child support each month. The effect of the court order is a legal obligation for the minority timesharing parent to make monetary payments to the majority timesharing parent. Unfortunately, many minority time sharing parents withhold making these payments even when they have sufficient means.

As a St. Augustine Divorce Attorney, majority timesharing parents often ask me if they can force the minority timesharing parent to fulfill his or her payment obligation. In short, yes, there are several avenues in the Florida legal system. A Judge can hold the minority timesharing parent in contempt if he or she fails to make the court ordered payments. Contempt of court is a legal term of art that simply means there is a violation of a court order.

As a result, the minority timesharing parent could go to jail. However, he or she “holds the keys to his or her cell.” If the minority timesharing parent pays the money owed to the majority timesharing parent or proves his or her income is so low that he or she cannot make the payments, then a judge may not require jail time.