Articles Posted in Child Custody

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401795_sad_boy.jpgA heartbreak for a Florida parent to lose custody of their child because of their sexual orientation. Many Nassau County gay men and lesbians have children as a result of prior heterosexual marriages. In some instances, the other parent may argue that the court should consider sexual orientation or gender identity in the determination of child custody.

Florida case law states that a parent’s sexual orientation is irrelevant to custody issues unless there is direct evidence of harm to the child. Florida Statute Section 61.13 provides the court with a list of factors affecting the welfare of a minor child, including the “moral fitness of the parents.” Cases have analyzed Florida gay and lesbian parents under this statute and have concluded that standing alone, sexual orientation should not be weighed negatively.

Same-sex couples raising children together in Fernandina may also become involved in child custody disputes. Usually only one partner is the legal parent, and therefore, unique issues arise for the non-legal parent. It is beneficial to talk with a Gay and Lesbian Family Law Attorney about the various legal documents, including parenting agreements and shared parental contracts to ensure that you will be protected in the event that a child custody issue ensues.

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1264297_to_the_light.jpgThis tragic story is one that I see all too often in my practice as a http://www.jacksonvillelawyer.pro/lawyer-attorney-1525907.html and Florida Child Custody Attorney. When couples are divorcing and child custody and child support are in issue, people often feel as if their entire world is collapsing around them and there is no solution in sight. I help those people find the solutions necessary to go forward in their lives. John Skelton, the father of the three missing boys out of Michigan, was born and raised in Jacksonville Beach, Florida. He and his wife were divorcing and he took his children from Michigan to Jacksonville Beach without the wife’s permission. The wife came to Florida and took the children home. Mr. Skelton obviously felt he had no more control in his life. The wife was divorcing him and he was going to have to pay child support. I can only speculate as to what occurred next but as of Tuesday afternoon, December 7, 2010, Mr. Skelton was arrested on three counts of parental kidnapping. No divorce or child custody case ever has to get to this point. Please seek an experienced child custody attorney in Florida or Jacksonville divorce lawyer to help you find the right solutions. There is always an answer, even when one feels there is no solution in sight.

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Thumbnail image for 1174492_silhouette.jpgAs a Jacksonville divorce lawyer, I keep track of trends in the area of divorce and child custody issues. As of December 6, 2010, the divorce rate in Jacksonville, Florida was on the rise. However, there is an even bigger trend for younger couples in having children and waiting to get married. In these cases, Florida child custody issues are addressed in the form of a Paternity case. The main thing that people who are practicing this trend should know is that simply because the father is named on the birth certificate does NOT make him the father by law. It isn’t until a Judge signs an Order naming the father as the biological father that he will have any legal rights to the child. It is imperative to obtain a child custody lawyer or paternity lawyer to petition the court to give the father legal rights and legal obligation such as the obligation to pay child support in Florida.

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Jacksonville Divorce Lawyer Parenting Agreement.pngIn Jacksonville all divorces where there are minor children (under the age of 18 in most cases) require a “parenting plan.”

In a Jacksonville Divorce, a parenting plan is created to establish the roles of each parent in regards to important decisions about a child’s education, health care, physical, social, and emotional well-being and must include:

  • A description of who will be responsible for health care, school-related matters, and other activities.
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kids_divorce.pngThe 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.

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Many children in Jacksonville are being raised by relatives. In the past, a relative could raise a child, but with the new privacy, medical and educational requirements, a guardianhsip or other legal document may be needed to provide for a child.

The Law Office of David M. Goldman is knowledgeable about the procedure for obtaining an Order for Temporary Custody by Extended Family Member cases, and is able to guide you through the legal process.

If you are in the Jacksonville area, and are caring for a minor child contact a Jacksonville Guardianship Lawyer to learn more about how a Florida guardianship can benefit you.

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Child Custody: The Best Interests of the Child Standard.

Florida Family Law Lawyers know the importance of the Best Interests of the Child Standard. However, those going through a custody dispute may be somewhat unfamiliar. First it is important to know that the (BIC) standard is the primary focus for a Family law judge when decided a custody case. In any custody battle it is vital not lose sight of the importance of making decisions in the best interest of the child(ren). Some of the factors courts take into consideration when determining custody and time-sharing issues are as follows:

The wishes of the child;

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If you are searching for a Jacksonville, Florida divorce lawyer, the Florida divorce attorney should inform you of a class required of all people who are getting a divorce in Florida. The class required is called Children First In Divorce and it is offered through the Hope Haven Children’s Commission. There are also some online courses but the course must be approved by the court prior to it’s completion and there are strict rules about who can take an online course. Please call a Jacksonville divorce attorney or a Florida divorce lawyer at 904-685-1200 for information on Florida divorce requirements.

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As a Florida Child Custody Attorney, I am required to retrieve children who have been taken by one spouse to another state. In Florida, a parent cannot remove a child from the State without the other parent’s consent. If they do, it can be considered parental kidnapping in Florida. A Jacksonville, Florida child custody lawyer will be necessary to help you get your child back. Please call a Florida child custody lawyer at 904-685-1200 to discuss the immediate steps necessary to start the process to get your child returned to you.

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Seeking temporary emergency custody in Florida is difficult but if you or your children have been subjected to abuse, you can apply for temporary emergency custody in Florida. I strongly urge you to get help from a Florida custody lawyer if you are considering filing for temporary emergency custody in Florida of your children. If there is a child custody case in another state, a temporary child custody order in Florida will be valid until you can return to the original court for a final order in the child custody case there.
Please call an experienced Jacksonville, Florida child custody lawyer at 904-685-1200 to help you in your case.

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