Articles Posted in Child Custody

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time passing.jpgAs a Jacksonville Divorce Attorney I’ve noticed one of the first questions new clients ask me is, “how long is it going to take for my divorce to become finalized.” Unfortunately, there is no one answer to that question.

A divorce can last as long as the parties want it to last. It truly depends on the issues of the case and how willing the parties are to compromise and communicate openly with their respective attorneys.

As a Jacksonville Divorce Attorney, I have had all of the required paperwork and signatures completed within a week for simple divorces that do not involve children. However, Florida Statute 61.19 requires a period of 20 days to elapse from the time the Petition is filed to the time a Final Judgment can be entered.

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money_02.jpgAs a Florida child support lawyer and a Florida child custody attorney, I deal with the percentages of overnights that a parent may spend with their child and how that effects Florida child support laws. The old law used to be that if a non majority time-sharing parent had 40% or more overnights with the child then the child support obligation for that parent would be reduced. Thus, this would lead to one parent fighting for more time with the child and the other parent fighting not to allow it. The true fight was over the money. Now, as of January 2011, the new Florida child support law states that if the non-majority time-sharing parent has 20% or more of the overnights with the child then that will qualify for an alternate child support calculation. The alternate child support calculation is called “Substantial Time Sharing”. Please contact a Florida child support attorney to correctly calculate the amount of support that the alternate support calculation may trigger.

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system_failure.jpgAs a Florida Adoption Lawyer, I can tell you that adoption is one of the most rewarding areas of law in which Jacksonville family law attorneys practice. It is the one area where everyone is happy and people feel as though something very good is being done. However, there are some horror stories regarding adoption in Florida. In my role as a Jacksonville adoption lawyer, I have seen some cases where the adoption agency has not fully revealed the child’s abuse background and as such, the parents are adopting children with far more issues than relayed to them. Many times, these parents are not equipped to give these children the proper psychological counseling or medical care that the children need. As such, the children can and have ended up back in the foster care system with a failed adoption in Florida. It is imperative to utilize a Florida adoption attorney when choosing the adopt a child or children in Florida.

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custody.jpegAs a Jacksonville Child Custody Attorney I often see cases where one party will do everything in their power to sabotage the other party. This is the worst thing a parent can do who is involved in a child custody battle. Not only can certain actions put that parent in a bad light in front of the Judge but it can also be detrimental to the child.

Therefore, when I begin a case, whether it be a divorce case or a paternity case, among other things I tell the parent the following:

• Do not make disparaging remarks regarding the other parent in the presence of the minor child.

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DSC_3469 copy copy-thumb.jpgIn Orange Park there are adults raising and caring for children who are neither their own, nor related to them. Biological parents may have issues with drugs, alcohol, or association with others not meant to be around children. Unfortunately, it happens, biological mothers and fathers do not have the capacity to care for their own children.

If you have a friend or acquaintance who has entrusted you with taking in their baby or child, what legal authority do you have with respect to that child? Consulting with an Orange Park Guardianship Attorney may be your first step. Obtaining legal guardianship over a minor will give you the power to act in the best interest of the child, whether that includes providing insurance coverage, consenting to medical treatment or registering the child for school.

Becoming a Florida Guardian of a Minor does not terminate the biological parents parental rights. Call a Florida Guardianship Attorney to discuss your particular situation.

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swimming_kids_4.jpgAs a divorce lawyer in Jacksonville, Florida, the hardest thing about divorce is attempting to provide each party time with the children. Setting up a Florida Parenting Plan in a divorce is tricky to provide the most convenient opportunity for each parent to spend quality time with the children. Even Tiger Woods has had to make adjustments in playing in golf tournaments since his Florida divorce. Tiger Woods has had to make concessions and sit out on some major tournaments because the tournaments have fallen on his weekend time with his children. Many people who are experiencing divorce in Florida need a Florida divorce attorney to help maximize the schedule for time-sharing with their children.

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keyboard.jpgOften, divorce in Jacksonville, Florida is not pretty. Divorce lawyers in Jacksonville, Florida know all too well that when the time comes for dividing property, children and bank accounts that the gloves come off and allegations start flying. What can you do to prevent your secrets from being told to a Judge in a Florida child custody case? Well, for one thing, stop posting your every move on Facebook! Those pictures that are posted on facebook are pictures that can be used against you in a child custody case in Florida. A child custody issue in Florida will require a Florida child custody attorney to guide you through the steps you can take to give you a better edge in the case.

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money_trap1.jpgAs a Florida divorce lawyer, clients often ask me if their Florida alimony or Florida child support obligation is dischargeable in a bankruptcy in Florida. The answer is no. Under section 523(a)(5) of the Bankruptcy Code, virtually all obligations and debts stemming from the marriage such as credit card obligations, mortgage loans and car loans are now no longer dischargeable in bankruptcy if the obligation to pay these items stemmed from a divorce in Florida. Now, any and all obligations of whatever kind or nature flowing from a divorce in Florida are nondischargeable in bankruptcy, a change of which Jacksonville Divorce Attorneys and judges should now know.

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paternity.jpgThe issue of paternity is something I see all the time as a Jacksonville Child Custody and Child Support Lawyer. In Florida a child does not have a legal father if the mother was not married when the child was born. Legal paternity must be established for the child in order for the child and father to get all of their legal rights and benefits.

In Florida, there are five ways to establish paternity:

Marriage: The parents are married to each other when the child is born.

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money_02.jpgAs a Florida child support attorney and a Florida divorce attorney, I regularly keep up with new laws effecting my clients. As such, there is a new child support law in Florida that states if the non-majority time-sharing parent spends more than twenty percent (20%) of overnights with the child then the Florida child support is drastically cut. This is a change from the old 40% of overnights standard that was previously the law. A Jacksonville child support attorney can assist you in calculating the correct amount of child support owed to you or by you.

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