Child Custody

September 2, 2021

How Can You Keep Legal Costs Down During Divorce in Jacksonville?

by Law Office of David M. Goldman

It is no secret that going through a divorce is expensive. Although there is very little that you can do about certain costs of your divorce, such as what you may or may not lose during property division hearings, there is one area of expenses you can control. That is your legal fees and costs. All divorce attorneys in Jacksonville will charge something to legally represent you during the process, and the advice and counsel they bring to your case are invaluable. Still, there are some ways that you can keep the legal costs down, so you do not face unexpected charges in the future. Your Jacksonville divorce lawyer can explain to you in your initial consultation how to keep your legal costs down but here are some basic tips.

Call and Email Only When You Have To

Most divorce lawyers in Jacksonville will charge you for every time they devote to answering your phone calls and emails. However, you likely want them to spend this time preparing for your trial, mediation, or other aspects of your case. You will have many questions during the divorce process, and you deserve to have them answered. Instead of incurring fees every time you have a question, prepare a list of questions, and ask them all at once. Your Jacksonville divorce lawyer will still charge you, but you will likely incur fewer legal fees.

August 13, 2021

Will You Be Treated Fairly in Child Support Court?

by Neil Weinreb

Do You Know Your Rights in Child Support Court?

In a child support case, one cannot be incarcerated if they do not have the present ability to pay. Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985). Although this case is binding on Florida courts, the author believes that self represented individuals do not get the benefit of legal protections against incarceration or cancellation of a driver’s license or professional license. The author believes that one reason for this is because laymen tend to believe that an administrative agency must take a neutral position (similar to a judge). This is not the case when it comes to collection of child support by the Florida Department of Revenue. The author, in the next paragraph is going to summarize the case of Bowen v. Bowen to give readers a clearer understanding of child support issues when the Florida Department of Revenue is involved.

The Case of Bowen v. Bowen.

June 24, 2021

WHAT HAPPENS IF ONE SPOUSE DOES NOT WANT A DIVORCE?

by Law Office of David M. Goldman

It is not uncommon in a divorce case for one of the spouse’s not to want to end the marriage. One partner may think that there is a chance of working things out and resolving their differences, or they may not want to legally dissolve the marriage for other reasons. If your spouse has started divorce proceedings, and you really don’t want a divorce, your options may be limited but there is something you can do. Florida is one of seventeen states that follow No-Fault laws in divorce cases. The Petitioner only has to allege that the marriage is irretrievably broken. If you really do not want a divorce you should answer the Petition for Dissolution by alleging you do not believe the marriage is irretrievably broken. Florida Statute §61.052(2)(b)1 allows you to request the Court to Order you and your spouse to marriage counseling. It is rarely done and there are specific requirements that must be met. Your Jacksonville Family Lawyer can assist you in understanding this law and representing you in Court.

In order for a spouse to utilize this statute, the parties must have a child together. If the Court grants the request for marriage counseling, psychiatrist, priest, minister, rabbi, or any other professional the divorce will be placed on hold for approximately three months to allow the counseling to take place. Florida Statute §61.052(2)(b)2 allows the Court to continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation. During any period of continuance, the Court has jurisdiction to make appropriate orders for the support and alimony of the parties; a parenting plan, support, maintenance, and education of any minor children of the marriage; attorney’s fees; and the preservation of the property of the parties. Consult your Jacksonville Family Lawyer for assistance with your case.

As previously stated, the above statute is rarely used. This is because if one person wants to end the marriage, counseling is usually not effective. By the time a person has made the decision to start the divorce process, they have usually given it a lot of thought and intend to go through with it.

June 3, 2021

FLORIDA’S RELOCATION STATUTE, DO I REALLY HAVE TO GET PERMISSION TO MOVE MORE THAN 50 MILES?

by Law Office of David M. Goldman

This is a question that is often asked by custodial parents. If you live in Florida the answer is yes. Florida has a relocation statute, and it is found at §61.13001 in the Florida Statutes. If you have a minor child and you are divorced or no longer in a relationship with the other parent, you cannot move more than 50 miles from the current residence without obtaining permission from the other parent or consent from the Court. This condition applies to both the custodial parent and the non-custodial parent. Your Jacksonville family attorney can assist you in determining how you can comply with the relocation statute to enable you to move.

The statute requires that unless there is an agreement between the parties, a parent or other person with time-sharing rights seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. The pleadings must meet the following requirements:

a) The petition to relocate must be signed under oath or affirmation under penalty of perjury and include:

April 23, 2021

Shared Parental Responsibility vs Sole Parental Responsibility in Jacksonville, Florida

by Law Office of David M. Goldman

This Jacksonville family law attorney’s office represents parents seeking shared parental responsibility and sole parental responsibility. In all child custody matters, the parties or the Court must determine what type of parental responsibility the parties will have. The two types of parental responsibility are Shared Parental Responsibility and Sole Parental Responsibility. It’s important that all parents understand the difference between the two types. Shared Parental Responsibility means that the parties will confer with each other regarding all matters concerning the minor child that they share. This includes such things as educational decisions, residence decisions, religious decisions, and medical decisions. If sole parental responsibility is granted to one parent, that parent does not have to confer with the other parent about anything. Check with your Jacksonville family law attorney about this issue before making a decision.

Most family law Courts believe that the parents should share these types of decisions and they order shared parental responsibility unless there is some good reason not to have the parents share in the decision making. Florida statute 61.13(2)(e)(2) allows the Court to grant sole parental responsibility if the “court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for time-sharing as specified in the parenting plan as will best protect the child or abused spouse from further harm”. An example of a good reason not to order shared parental responsibility in a case would be if one of the parents has exhibited poor decision making regarding the child in the past. Some examples of poor decision-making would-be things like 1) failing to register your child for school or home schooling, 2) failure to provide appropriate caregivers for when you are not present and able to care for the child yourself, or 3) failure to get medical treatment for a child when it needs medical care. Some more serious reasons for ordering sole parental responsibility are if there is a history of domestic violence, or a parent is incarcerated. In those instances, there is a rebuttable presumption of unfitness that will arise that shifts the burden of proof to the defending party to show they are not unfit. There may be other practical reasons to give one parent decision making powers over the other parent in certain areas. An example would be if one of the parents is not educated and is unable to assist the child with their education, the Court might give one parent ultimate decision making in the educational area. Contact your Jacksonville family law attorney to advocate on your behalf what is in the best interest of your child.

When reaching an agreement regarding parental responsibility, the parent should be careful not to relinquish their rights regarding this issue as it is very difficult to change the parental responsibility division once it is agreed upon or ordered by the Court. To change anything regarding the minor children once it is established by the Court, you must show that there has been a substantial change in circumstances that makes it detrimental to the welfare of the child not to change the parental responsibility. This is a very high burden of proof that lies somewhere between the preponderance of the evidence (or more than 50%) and beyond a reasonable doubt (or 99%). As always, before attempting to maneuver through the legal system alone, it is advisable to consult with a family law attorney first. Your Jacksonville family law attorney is here to advise you, guide you and advocate for you.

March 23, 2021

What Do You Need to Know About Timesharing in Florida?

by Neil Weinreb

Why Timesharing is Important?

A dissolution can be a very emotional experience for some. This is especially true when a divorce involves children. The current rules require that when parties have children, a parenting plan must be developed. The parenting plan details parental responsibility, timesharing (formally referred to as visitation), and child support. It may also include additional details unique to a particular child or children, or it may address a unique family situation. Although the Court system attempts to equalize timesharing between parents, this is not always possible. Parents may work or live so far apart that a 50% timesharing schedule would be impractical.

What Are the Different Types of Timesharing?

January 11, 2021

Will A Step Parent Adoption Help My Family?

by Neil Weinreb

Jacksonville Adoption Attorney, Neil Weinreb helps clients understand what is an adoption under Florida Law?

In Florida an adoption is a process whereby an individual can become the legal parent of a child. It can result in a greater level of fulfillment to the lives of adoptive parents. It can also provide a loving and stable home to a child suffering from poverty or neglect.

What types of adoption are available in Florida?

There are three (3) categories of adoption.

There are non-relative adoptions,
there are adoptions that occur as a result of a dependency case, and
there are step parent adoptions.

December 29, 2020

Creating a Long-Distance Timesharing Plan for your Children in Jacksonville Florida

by Law Office of David M. Goldman

Can I modify time-sharing for my children in Florida?

In Florida, it is the public policy of the state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys of childrearing. We live in a pretty mobile society and oftentimes when divorce or separation occurs one of the parents is in another state or even another country. When that occurs, it is important that Jacksonville parents keep the child’s best interest at the forefront of their minds, taking that into consideration in fostering the parent-child relationship with the non-custodial parent. The parents and your Jacksonville divorce attorney need to get creative in crafting a Parenting Plan that will both work for the parents and foster the relationship between the child and the non-custodial parent.

How to Communicate better with long-distance time-sharing in Florida.

December 29, 2020

DISESTABLISHING PATERNITY AND TERMINATING CHILD SUPPORT

by Neil Weinreb

Few people want to accept responsibility for a lifelong obligation that they were not responsible for. There is more than one way under Florida law to create a parental relationship with a child. Not all relationships in today’s society follow the model that involved a two parent family whereby the husband was the bread winner and the wife was a stay at home mother. Today, the norm has changed, and single parent households are much more commonplace than they were traditionally.

There are a number of ways that paternity can be established. When a woman is married and she becomes pregnant, there is a legal presumption that the husband is the father. This is true even where the husband could not physically have impregnated the wife. Section 742.10 of the Florida Statutes covers all of the ways that paternity of a child can be established. In short, paternity can be established when a married woman has a child, by consent, by court order, or by the legal father signing the birth certificate and notarized documents admitting paternity.

When a woman has a child out of wedlock and applies for governmental assistance, she may find that the agency or agencies she is applying through will require her to participate in a legal proceeding to establish the paternity of the child. In part, this is because the government wants to make the father responsible for supporting the child. Both parents are responsible for their child and a father or mother can be required to support their child until they reach majority. In some rare cases, they may have legal responsibility beyond the age of majority. The author of this article has handled numerous child support cases over the last 16 years and he has seen some people have their lives wrecked after they were required to pay child support (an Obligor). When an Obligor discovers that the child they are supporting is not theirs, disestablishing paternity may be an option for them. Although disestablishing paternity will terminate an ongoing support obligation, it will not extinguish any child support obligation which has accrued. Even when disestablishing paternity is successful, an otherwise Obligor may still have to pay a large arrearage.

December 22, 2020

Modifying your child’s Time-Sharing During COVID

by Law Office of David M. Goldman

Can I modify my child’s time-sharing because of COVID?

Many parents in Jacksonville are in a dilemma about what to do about time-sharing during the COVID-19 Pandemic. What do you do if the other parent is positive for COVID-19 and they insist on exercising their time-sharing rights? What do you do if the primary residential parent tests positive for COVID-19? What do you do about time-sharing if the minor child tests positive for COVID-19?

Under Florida statute 61.13 (2)(c ) the basic premise of family law is that the Court will look at what is in the “best interest” of the minor child(ren). As a Jacksonville Divorce Attorney, we must also look at how this conforms with the public policy of the state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights, responsibilities, and joys of childrearing. See 61.13 (2)(c ) (1)