Articles Posted in Child Custody

equal.jpgAs a Jacksonville, Florida custody attorney, I have seen a big shift in the ideology of the courts in providing for joint custody of children in Florida. However, couples experiencing divorce in Florida are usually unaware of the difference between shared parental responsibility (aka “joint custody”) and 50/50 timesharing. In Florida, shared parental responsibility means that both parents will retain all rights as parents and will be included in having input in any major decision involving the child’s life. Timesharing in Florida is exactly that. How much time the parents get with the child. Equal timesharing in Florida has it’s advantages for the child in some ways. The courts will always look to the child’s best interests and every case is different. Some advantages are that the child will get to spend equal time with both parents and have the opportunity to create a loving bond with both parents. Some problems that arise in 50/50 timesharing lie in scheduling conflicts as well as the child never really having one single place to call “home”. These are some conflicts to overcome when seeking “joint custody” in Florida.

drugs.jpgReports are out that Charlie Sheen has come up clean in a drug test that he took earlier this month as part of a child custody settlement.

As a Jacksonville Child Custody Attorney I have seen many instances where a mother or father is concerned that their child’s other parent is abusing drugs or alcohol. I have unfortunately also seen instances where a parent is in fact abusing drugs or alcohol in the presence of the child.

A way to combat this is getting an order from the court requiring the parent or parents to submit to a drug test. The presence of drugs or lack thereof can be a huge factor in determining child custody cases.

two_doves.jpgI’ve been practicing as a Jacksonville, Florida custody attorney for almost ten years, and in most of my custody cases, I can’t understand how at one point, the parties loved each other so much that they created a human being only now to glare at one another with absolute hate. Child custody in Florida does not have to be an all out war. For one thing, the parties must realize that at some point, they may be grandparents together, the former husband may be walking the daughter down the aisle or the parties may be present at the same time for birthdays and other special events. Child custody in Jacksonville, Florida is never easy and a child custody attorney in Florida is absolutely necessary, but through good counsel and good negotiations, steps can be made to allow for a future without war.

divorce economy.jpgAn article titled, “Breaking up is hard to do because of the economy,” describes how many couples although wanting to file for divorce are stuck in their marriages because of financial woe’s. The article describes a couple who made the decision to end their marriage in the fall of 2008, but are still married and living under the same roof due to a combination of employment difficulties and the depressed housing market.

However, Linda Lea Viken, a family law lawyer in South Dakota and president of the American Academy of Matrimonial Lawyers stated, “the backlog is starting to break free.” As a Florida Family Law Lawyer, I have seen the amount of divorces begin to rise again as the economy is slowly getting better. If you have held of filing for divorce because of the economy, but now find yourself in a better position to file, contact a Florida Family Law Lawyer today.

teddy bear.jpgA concerned Nebraska mother learned the hard way that recording someone without his or her knowledge violates the Federal Wiretap Act. The mother and her father were hit with a combined $120,000 penalty for putting an audio recorder in the mother’s daughter’s teddy bear.

An article titled, “Modern Divorce: Wiretapped Teddy Bears, $120,000 in fines,” details how the mother and grandfather wiretapped the child’s father and inadvertently numerous other individuals with the hopes of gaining evidence to prove the child’s father was abusive during his unsupervised timesharing with the child.

As a Jacksonville Family Law Attorney I know many people would like to gain as much evidence as they can against the opposing party in a divorce or child custody case. However, it is important to learn from the above mentioned mother and grandfather that recording someone without his or her knowledge is not only likely inadmissible in court it can also be illegal. Contacting a Jacksonville Family Law Attorney can be an important first step in a divorce proceeding.

facebook.jpgAn American Academy of Matrimonial Lawyers (AAML) survey conducted just this past year found that four out of five lawyers reported an increasing number of their divorce cases citing evidence derived from social networking sites in the past five years, with Facebook leading the pack.

As a Jacksonville Divorce and Child Custody Attorney I have seen an increase in evidentiary exhibits derived from social networking sites in the past several months. While the legal evidentiary issues surrounding use of information obtained from such sites is somewhat controversial it can be a tool used for both for and against parties in a divorce or child custody case.

Contact a Jacksonville Divorce and Child Custody Attorney today for more information regarding this issue.

arguing.jpgIn a recent article titled, ” Reason No. 172 Not to Practice Family Law” author Burt Likko describes how family law court can be a very unpleasant place to find oneself. Likko goes one to describe how transcripts and scenes from family law hearings can be “utterly miserable.”

Although, I agree family law court can be a place filled with a great deal of heated emotions between people who were once in love, I believe there can be resolutions that both parties are happy with. I believe a Ponte Vedra Family Law Attorney can be an essential ingredient toward insuring a satisfying outcome.

supreme court.jpgThe U.S. Supreme Court will soon be hearing a case involving parental rights and allegations of child abuse.

The Court will be hearing a 2003 case involving a caseworker that interviewed a child regarding allegations of sexual abuse by her father, while, allegedly, refusing to allow the mother of the child to be present at the interview and subsequent sexual abuse medical examination.

The Mother alleged her Fourth and Fourteenth Amendment rights her violated. However, once the case made its way to the Ninth District Court of Appeals the court ruled partially in favor of the caseworker; ruling he had quasi-judicial immunity.

blue ribbon.jpegAs a Jacksonville Child Custody Attorney, I often see cases involving child abuse and child neglect. I run into these issues primarily in cases involving termination of parental rights or simply child custody disputes.

Florida defines abuse as “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.

When I run into cases involving allegations of child abuse I always tell my clients of the importance of reporting such abuse. Florida Statute § 39.201 defines when it is required to report child abuse, abandonment, or neglect.

marriage counselor.jpgA new North Dakota bill is getting a lot of attention in the North Dakota legislature, as it is proposing mandatory marriage counseling in all divorce cases. The drafters of the bill want all married couples, with the exemption of cases with substantiated allegations of domestic abuse, to wait one year to get a divorce while they attend mandatory marriage counseling.

 

Florida does not require mandatory marriage counseling when a married couple is seeking to obtain a divorce. Instead, in Florida the Court may refer parties to mediation in cases where parental responsibility, primary residence, timesharing, or child support are contested.

To find out more about what Florida courts require in regards to divorce proceedings contact a Neptune Beach Divorce Attorney.

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