Child Custody

February 17, 2011

Law Students Child Support Bill

A group of FAMU Law students in Orlando have drafted a bold and innovative bill regarding child support. The bill focuses on parents whose children have been removed from their care and provides a form of accountability for the parents.

It is estimated that every year in Florida over 18,000 children are removed from their parent’s home, the costs of which falls directly on the state and on taxpayers.

The students’ bill proposes that the parents of children taken into the state’s care would be required to pay for the cost of such care. It is not yet known if the bill is ready to be presented to the state legislature. However, in a Florida Child Custody Lawyer’s opinion it looks like it’s a good start in the right direction.

February 16, 2011

Termination of Parental Rights in Florida

by David M. Goldman

Many parents who are frustrated with dealing with their ex-spouses or child’s other parent consider terminating the other parent’s rights. Parental termination is a legal process in which a parent’s legal rights are taken away. In the eyes of the court, that person ceases to be that child’s parent and has no more rights or responsibilities toward the child.

Termination of Parental rights in Florida is governed by Statute § 39.806. The Statute lays out the circumstances that are grounds for termination, which include:

Abandonment or Extreme Parental Disinterest,

February 11, 2011

Family Law Custody: Jacksonville FL.

by David M. Goldman

People often believe that mothers tend to be more nurturing and better caregiver’s than fathers and thus should be the preferred parent in a custody dispute. As a matter of fact, this is a legal concept, termed the Tender Years Doctrine.

The Tender Years Doctrine is a legal doctrine in child custody cases, which has existed in Family Law since the late 19th century. The doctrine presumes that during a child’s tender years (age thirteen and under), the custody of the child should be that of the mother’s.

However, in Florida this doctrine is no longer applicable. In its place, Florida follows the Best Interests of the Child standard. The Best Interest of the Child standard does not take into consideration a parent’s gender when determining custody.

To find out more about what Florida Courts consider when settling custody disputes or if you need help in a current custody dispute contact a Jacksonville Child Custody Attorney today.

February 10, 2011

Divorce In Florida Is Costly And Emotional

by David M. Goldman

http://www.youtube.com/watch?v=zbr2ao86ww0Being a Jacksonville family law attorney, I begin this blog by shaking my head. One thing that continues to amaze me as a Jacksonville, Florida divorce lawyer is how two people who have loved each other so much at one time and who have loved each other enough to create another human being with this person can now sit in a courtroom across from one another with such hate and disdain for the one time love of their life. Divorce in Florida is tough; both emotionally and financially. If you have children and child custody in Florida is an issue then you can expect the divorce to cost even more. The financial impact will cease, but the emotional impact could be long lasting. If you are experiencing a divorce in Jacksonville, Florida, please remember that the way you act towards your spouse now will have long lasting effects on your relationship in the future. Try not to burn everything to the ground so that you may rebuild in the future.

February 8, 2011

Adoption And Custody In Florida: Termination Of Parental Rights In Florida

by David M. Goldman

As a Jacksonville, Florida child custody lawyer, I often see cases where one parent desires to terminate the parental rights of another to allow a step-parent to adopt. This type of case requires the expertise of a qualified Florida custody attorney as it is quite a detailed task. There are many essential elements that must be fulfilled to qualify to be able to terminate a parent’s parental rights. The process is a two-part process. The first part is to terminate the parental rights, and the second part is the Florida adoption.

February 3, 2011

Custody In Florida: Is 50/50 Rotating Custody The Law In Florida?

by David M. Goldman

I have been a practicing contested custody lawyer in Jacksonville, Florida for almost ten years. In October of 2008, the law regarding custody in Florida changed. The legislature has attempted to give the non-custodial parent more time with the child. Does this mean that Florida has now become a 50/50 rotating custody state? No. Absolutely not. This is a misnomer. In fact, most Judges in Duval County, Florida are reluctant to award such a custody arrangement. However, the days of the every other weekend are being modified. Judges in custody cases in Florida and custody lawyers in Jacksonville are recognizing the need for the child to be with BOTH parents as much as they can, but that is still only if both parents will take proper and good care of the child.

January 30, 2011

Family Law Custody: Orange Park FL

by David M. Goldman

Thumbnail image for padma.jpg In the past few days reports have surfaced that Padhma Lakshmi, the host of Bravo’s highly popular show Top Chef, is being sued for child custody by venture capitalist Adam Dell, the brother of Dell founder and billionaire Michael Dell.

It is being alleged that Mr. Dell, the father of one-year-old Krishna, only gets to see his child for a few hours a week.

Dell’s lawyer stated they had no choice to go to court because Lakshmi “refused to negotiate a reasonable co-parenting agreement.” Whereas, Lakshmi’s rep accused Dell of being “more interested in garnering media attention” than the welfare of their daughter.

January 29, 2011

Family Law and Custody

by David M. Goldman

When considering moving with a child to a location outside of Florida, or even more than 50 miles away from your current residence within the state, it is important that you go through the courts to ensure that the relocation is legal. Florida has extremely strict laws that govern child relocation. The laws focus on the best interests of the child and maintaining loving relationships between the child and both time-sharing parents.
If the other parent does not agree to your request for relocation and you don’t go through the required legal hoops you may end up in a long and stressful legal battle.
If you are wanting to relocate with your child I recommend speaking with a Jacksonville Beach Family Law Attorney that can help guide you through all the necessary legal hurdles.

January 6, 2011

Guardian of Minor Child

by David M. Goldman

If you are caring for a minor child and are not the natural or legal parent or a relative, then it is in the child’s best interest for you to become his or her legal guardian. There are many obstacles you will face if you care for a child without the legal recognition of Florida Guardianship. Whether it is providing for medical care, obtaining medical or school records, or consenting to special education classes and fieldtrips, there will be times when you are unable to proceed without the court ordered authority granting you Florida Guardianship.

Whatever the circumstances which put you in a position of caring for another person’s child, it is important to discuss your situation with a Green Cove Spring Guardianship Attorney who can walk you through the guardianship procedure. There are many factors, such as how long you have cared for the child, what your familial relationship is to the natural parents, and whether you have parental consents. A law firm that practices in Florida Guardianship is familiar with the Florida Statutes that govern guardianship, and will best be able to assist you.

January 6, 2011

Florida’s Child Abduction Prevention Act

by David M. Goldman

As of Saturday, January 1, 2011, Florida’s Child Abduction Prevention Act became effective. The Act is designed to help those who fear a spouse, ex-spouse or family member will remove their child to a foreign state or country.

The Act provides the Florida courts the responsibility to assess risk factors associated with a potential parental child abduction and further allows for judges overseeing high-risk cases of potential abduction to issue court orders that will prevent a child’s abduction from occurring.

To learn more about this newly enacted law contact a Jacksonville Beach Child Custody Attorney today.