Child Custody

February 27, 2012

Child Custody and Family Law

As a Jacksonville area Family Law Attorney I get an exorbitant amount of inquires regarding child custody issues. However, not all of the individuals posing such inquires are the biological parents of the minor child or children. Many aunts, uncles, grandparents and other extended family members seek to gain custody of a family member’s minor child or children.

Many of these extended family members have been caring for a minor child or minor children for sometime and have run into many obstacles when trying to make decisions concerning them, whether they are decisions for education or healthcare. Fortunately, the state of Florida has a law on the books that deals with this issue. Florida Statute 751, titled Temporary Custody of Minor Children by Extended Family is the governing law. The purpose of the law is as follows:

(1) Recognize that many minor children in this state live with and are well cared for by members of their extended families. The parents of these children have often provided for their care by placing them temporarily with another family member who is better able to care for them. Because of the care being provided the children by their extended families, they are not dependent children.

February 24, 2012

Smokers and Child Custody – Beware!

by David M. Goldman

Smokers Beware! If it wasn’t bad enough that smoking harms your health, appearance and wallet; it can also harm your chances of winning a child custody battle. So if all the other harmful effects of smoking haven’t motivated you to kick your habit maybe the thought of losing time with your child or children will.

Washingtontimes.com posted an article on this exact topic titled, “Smokers losing child custody cases a growing trend”. The author of the article, Myra Fleischer, describes how more and more states are factoring in “cigarette smoking in making decisions about who gets custody of minor children”. Specifically, Fleischer, lists results from a survey conducted by Action on Smoking and Health, which are as follows:

In at least 18 states, courts have ruled that subjecting a child to tobacco smoke is a factor which should be considered in deciding custody.

February 9, 2012

Stress and Seperation

by David M. Goldman

Timesharing after a divorce is often the most highly contentious and stressful issue that can stem from a couple separating. Parents and courts alike are very concerned with the child(ren) maintaining a loving and healthy relationship with both parents. In order to maintain such a relationship many parents going through a divorce would like to see an order granting 50/50 timesharing.

However, as a Jacksonville Child Custody Attorney I am aware that the courts often discourage 50/50 timesharing arrangements. Why is this so? Well, many children young and old experience high stress levels and difficulty handling the disruptions that comes along with switching back and forth between mom and dad.

If you are a parent seeking divorce and worry how a timesharing schedule might end up in your case contact a Jacksonville Child Custody Attorney today for the information you may need in developing the best schedule for you and your child(ren).

February 6, 2012

What is a Parenting Plan?

by David M. Goldman

A Parenting Plan is a document that governs the way divorcing parties relate to one another about the decisions made regarding their children. A Parenting Plan includes a time-sharing schedule that dictates when the parties’ children will be spending time with each parent, including overnights, weekends, holidays and summer breaks. Also included in a Parenting Plan is how often and the method of technologies that the parents will use to communicate with the children.

If a Parenting Plan can be developed and agreed to by the divorcing parents then it only needs the approval of the Court to become binding. However, if the divorcing parents cannot agree, the schedule will be established by the Court’s determination.

If you have questions regarding an upcoming divorce or a current parenting plan contact a knowledgable Jacksonville Child Custody Lawyer today.

February 2, 2012

Parental Alienation and risks

by David M. Goldman

In many of my Jacksonville divorce cases I run into the all to common problem of 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 Child Custody Cases in Jacksonville, 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 Parental Alienation is an issue the 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.

February 1, 2012

Family law and Divorce

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 termination of their marriage.

Our Jacksonville Florida Divorce and Family law Attorneys recognize that a divorce or child custody issues 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 have a normal 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 filed with divorce papers contact a Jacksonville Divorce Attorney at (904) 685-1200 to schedule a free consultation. Weekend and night appointments are available.  

January 20, 2012

Am I Entitled to Child Support

by David M. Goldman

A recent study showed that a total of $35 billion in child support is owed all across the US, but only 41% is actually paid. This is down from about 60% in 2009, largely due to the economic downturn over the past several years.

One thing many parents behind on child support don’t realize is that the court can, and will, alter your child support requirements if you legitimately cannot pay them. If you had a well-paying job when the court first established the numbers, it is not fair that you have to pay that same amount if you lost your job and cannot find another one.

The key is speaking with a Jacksonville Florida Family Law Attorney as soon as you can to help negotiate your payments. The court often will only lower your payments, but not reduce any outstanding amount you already owe. If your income drop is only temporary, this might not be an issue; however, if you cannot find new work, you are simply adding more and more money to what you will eventually have to pay.

January 19, 2012

Florida Bill Seeks to Protect Parental Rights of Military Parents

by David M. Goldman

Last year, the Florida House of Representatives unanimously passed a bill that would help protect the parental rights of mothers and fathers serving in the military. Unfortunately, time ran out before the state Senate could consider the bill, so it will have to be re-voted on. However, it seems likely that the bill will pass in the house and again move to the senate.

The bill attempts to solve some of the problems military parents face, such as visitation rights when the parent has to be away for a prolonged period of time. The bill allows the parent to ask the court to delegate parental rights to another one of the child’s family members, not limited to the other parent and including the child’s stepparent.

To illustrate, let’s say the father of a child has custody of the child over the summer, but the father will be away for several weekends and a full week during that time. Instead of simply sending the child back to her other parent, the child could, with the court’s permission, remain with her stepmother while the father is away.

January 12, 2012

How To Make Timesharing Exchanges Go Smoothly

by David M. Goldman

JDSupra.com has posted an article titled, “Top Ten Ways to Make a Child Custody Exchange Go Smoothly.”

The article’s suggestions for making timesharing exchanges go smoothly are: (1) Follow your Parenting Plan, (2) Keep it Simple, (3) Arrive on Time, (4) Keep Everyone Updated, (5) Pick Up and Drop Off at School, (6) Neutral Locations for Exchanges, (7) When Exchanging at Home, be Respectful, (8) Communicate with Children, (9) Communicate with the Other Parent and (10) Change the Timesharing as Needed to Meet the Changing Needs of the Children.

As a Jacksonville Family Law Lawyer I recommend all parents that are splitting time with their children read this article. It is a nice refresher for parents as they start the new year.

December 14, 2011

Disparaging the Other Parent? Bad Idea!

by David M. Goldman

As a Jacksonville Divorce Lawyer I am familiar with the many issues that surround custody disputes. I also know what Jacksonville 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.

Jacqueline Harounian speaks on this topic in her Huffington Post article titled “How To Lose Child Custody“. Harounian states, “A parent who is constantly denigrating the other parent, leaking anger, and negatively influencing the child’s relationship with the noncustodial parent will be reprimanded. In extreme cases, there will be allegations of parental alienation and interference with parenting time. Many judges will consider a change of custody if this type of interference is shown.Bottom line: if you want to show the Judge that you will promote the best interests of your child, then you need to show that you recognize the value of the child’s relationship with your ex, and will take the steps to encourage that relationship. Of course, when you are going through an adversarial proceeding with someone you don’t like very much, it can be very hard to put those feelings aside for the sake of your child. But that is exactly what you need to do if you want to prevail in your case.”

If you’re considering divorce and live in the Jacksonville area contact a Jacksonville Divorce Lawyer today to schedule a free consultation.