Child Custody

April 12, 2012

Child Custody Battle Continues For Melissa Etheridge.

Melissa Etheridge, singer of the hit 90s song “I’m the Only One” and fresh off the release of her new album, Icon, is still in the depths of her legal battle with her former domestic partner. Their current dispute centers around their children, who are 5-year-old twins.

Originally, the court ordered Ms. Etheridge to pay Tammy Lynn Michaels $23,000 a month in child support. As this is more money than many people make in a year (the poverty level for a family of three is $18,530), most people would think $23,000 a month would be sufficient. Ms. Michaels, however, is asking for an increase. She claims she can’t survive on this amount and is requesting an increase to $128,000 each month.

Ms. Etheridge has responded with several accusations of why her former partner should not be granted the increase, even accusing Ms. Michaels of accidentally burning one of the children with a cigarette. She has asked the court for 50/50 custody and for an order requiring neither of them smoke around the children.

April 10, 2012

Heidi Klum Officially Files For Divorce From Husband Seal

by David M. Goldman

Three months after announcing an amicable separation, super model Heidi Klum officially filed for divorce from husband Seal this past Friday. Klum, 38, cited the typical divorce language, “irreconcilable differences,” in her Los Angeles County divorce papers.

Reports are suggesting that Klum has requested to be awarded primary physical custody of the couple’s four children; Leni 7, Henry 6, Johan 5 and Lou 2. Also it is believed the parties had a prenuptial agreement in place prior to saying their vows. Only time will tell if this will be an amicable divorce or whether we’ll see another nasty celebrity divorce.

If you’re considering filing for divorce and want to know how to proceed, contact an Orange Park Divorce Attorney today to schedule a free consultation.

April 8, 2012

Child Abuse & Neglect in Family law

by David M. Goldman

As 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.

Neglect, on the other hand, “occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. The foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected by such person. A parent or legal custodian legitimately practicing religious beliefs in accordance with a recognized church or religious organization who thereby does not provide specific medical treatment for a child may not, for that reason alone, be considered a negligent parent or legal custodian; however, such an exception does not preclude a court from ordering the following services to be provided, when the health of the child so requires:”

March 30, 2012

Parental Alienation and the Risks

by David M. Goldman

As a St. Augustine Divorce Lawyer I am familiar with the many issues that surround child custody disputes. I also know what St. Augustine/St. Johns County Judges absolutely hate to see in child custody cases. One of the main things that divorcing parents in contested cases have a tendency to do is disparage the other parent. This is something that should be avoided at all costs. Disparaging another parent is one thing that can lead to Parental Alienation Syndrome.

ParentalAlienation.org defines Parental Alienation Syndrome (PAS) as “a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrination and the child’s own contributions to the vilification of the targeted parent.”

In my past divorce and child custody cases in St. Augustine, I have unfortunately seen parents make degrading remarks about the other parent to the child, make false accusations to the Department of Children and Families (DCF) and refuse to comply with time-sharing agreements. In cases where this and Parental Alienation is an issue the St. Augustine Court needs to be made aware of what exactly is occurring and the severity of the problem in order for the Court devise a remedy.

March 28, 2012

Could Florida’s Obesity Problem Affect Your Divorce?

by David M. Goldman

There’s no secret that America has a bit of a weight problem, and Florida is no exception. It seems like every time there’s a slow news week, the news networks run another story about our ever-expanding waistlines. But one aspect of the problem that does not get a whole lot of attention is the role it plays in relationships. It is awkward and uncomfortable to discuss. How, exactly, is a person supposed to tell his or her spouse that some added weight is a problem?

Apparently, many of these couples choose not to communicate. This unfortunately can lead to resentment and other problems. It is not unheard of that a couple eventually divorces over their inability to communicate with each other, stemming from one spouse being upset with the other’s extra few pounds.

Of course, having an overweight spouse is not a good reason to get divorced. The point is that this is just one more issue couples are facing, and it’s another reason why communication is so important in your marriage.

March 19, 2012

Modification of Divorce or Child Support

by David M. Goldman

As a Jacksonville Family Law Attorney, I am often asked whether a child timesharing order can be modified after a divorce. In short, yes, parents can change their timesharing agreement. However, if the parents do not agree about the modification, the standard under Florida Law is often difficult to satisfy.

After a final decree establishing timesharing is filed with a Jacksonville court, parents may later agree to modify its terms. Although not required, it is advisable to obtain the court’s approval for the modification so that it may later be enforceable it needed. Generally, Jacksonville courts approve modification agreements unless it appears the modification is not in the best interests of the child.

If a parent wants to change an existing timesharing agreement and the other parent will not agree to the change, he or she must petition the court to modify it. Generally, a Jacksonville court will allow a modification if the parent asking for the change can show that there has been a “substantial change in circumstances.” Some examples include a geographic move or a change in lifestyle.

March 13, 2012

What Should You Do Before Getting Into A Custody Battle?

by David M. Goldman

If you live in the Jacksonville and/or Orange Park area of Florida and are contemplating filing for divorce and have minor children of the marriage there are actions that should be taken prior to filing for divorce that can greatly help you if and when a dispute over timesharing and parental responsibility arises. You may ask what exactly is timesharing and parental responsibility? In Florida visitation schedules are termed timesharing schedules and are defined in Florida Statute 61.046 as a timetable that must be included in the parenting plan that specifies the time, including overnights and holidays, that a minor child will spend with each parent. The time-sharing schedule shall be:

(a) Developed and agreed to by the parents of a minor child and approved by the court;or

(b) Established by the court if the parents cannot agree or if their agreed-upon schedule is not approved by the court.

Parental Responsibility on the other hand covers the parental rights of the parents. There are two types of Parental Responsibility in Florida: Shared and Sole. Florida Statute 61.046 defines Shared Parental Responsibility as a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly; and defines Sole Parental Responsibility as a court-ordered relationship in which one parent makes decisions regarding the minor child.

March 7, 2012

Can Non-Parents Gain Custody of Children?

by David M. Goldman

At times it might be necessary for someone who is a non-parent to gain custody of a minor child. This may be the situation where a remarried custodial parent dies and the stepparent has acted, for all intents and purposes, as the child’s only other parent. Or perhaps the same remarried custodial parent becomes incapacitated and his or her children now require care. What options do you have? Florida allows something called temporary custody by extended family for situations such as this.

There are some specifics to how such temporary custody can be attained. The person attempting to gain custody must be an extended family member of the child. The Florida statutes define extended family as grandparents, aunts, uncles, brothers and sisters and possibly even stepparents to claim temporary custody of a child. After an application for custody is filed, the court will conduct an evidentiary hearing. But before the court can make any decision, all of the child’s remaining parents must be given notice and an opportunity to be heard. The court must first determine the fitness of that parent because natural parents do have a fundamental liberty interest in their children’s care. But, if the court does find that parent unfit to provide for the care and control of a child, the court may grant the custody to the non-parent, all other things appropriate.

Keep in mind that the facts behind these situations are very operative, and each set of facts could bring a different result. But if you are in need of nonparent, temporary custody, the best thing to do is contact an experienced Jacksonville Family Law Attorney. You can reach a Jacksonville Family Law Lawyer, at (904) 685-1200 to discuss your case and the options available to you. The consultation may even come at no cost. Contact a Jacksonville Family Law Attorney today.

March 6, 2012

Reminder: During Divorce, Stay Away from Facebook!

by David M. Goldman

A case out of Ohio provides a telling reminder of why you really need to stay away from Facebook during a divorce – or really any criminal proceeding. Sure, it’s nice to have a place to rant and converse with your online friends. But you need to remember that what you write on Facebook is never completely private (no matter what your security settings are at) and the court can (and often does) find out about it.

The case involves a man who was ordered to stay away from his wife and to refrain from doing anything to cause her “to suffer physical and/or mental abuse, harassment, annoyance, or bodily injury.” The order also affected his rights to visit with his son, so he was understandably upset. What he should have done was converse, in person or on the phone, with his friends or others who could offer emotional support. What he did do was log onto Facebook and post:

“. . . if you are an evil, vindictive woman who wants to ruin your husband’s life and take your son’s father away from him completely – all you need to do is say that you’re scared of your husband or domestic partner . . . .”

February 29, 2012

Consult with a Family Law Lawyer

by David M. Goldman

Jacksonville Divorce, custody and family disputes are highly emotional and important matters that we at Law Office of David M. Goldman take special pride in handling. Regardless of the circumstances, the break up of any marriage involves many legal issues that cannot be overlooked and must be thoroughly researched and evaluated so that our clients obtain a fair and equitable result upon the termination of their marriage.

Our Jacksonville Florida Divorce and Family Law Attorneys recognize that a divorce or child custody issue can create stress and cause individuals to take unrealistic positions on various topics. We strive to open lines of communication and help families work through this difficult process while creating an environment that allows children to enjoy a normal and healthy lifestyle. Whether you need an uncontested divorce or just enforcement of a previous agreement we are able to help preserve and enforce your rights in Duval, Clay, Nassau, and St. Johns County. 

If you are considering divorce or have just been served with divorce papers contact a Jacksonville Divorce Lawyer at (904) 685-1200 to schedule a free consultation.