Parental Rights

October 3, 2011

Florida Putative Father Registry

The State of Florida’s legislature, in 2003, created what is called a “Putative Father Registry.” This registry was created so unmarried “putative” fathers could register their intent to exercise parental rights to a child who the they believe may have been born by virtue of a sexual relationship they had with the child’s mother. What exactly does putative father mean? Putative father is a person who is alleged to be the father of a child or the supposed father of a child.

Florida Law states that an unmarried man, by virtue of the fact that he engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding regarding the child may occur and that he has a duty to protect his own rights and interest.

In order to preserve the right to notification and consent in the event of an adoption an unmarried man in the State of Florida must file a claim of Paternity with the Florida Putative Father Registry. By doing this he must confirm his inclination and intent to support the child for whom paternity is claimed. However, such a claim of paternity may not be filed after the date a Petition is filed for the Termination of Parental Rights.

October 1, 2011

Paternity: Who are the legal parents?

by David M. Goldman

As a Jacksonville Paternity Lawyer, I often have cases where the parties are not married but they have a child in common. In my experience many men falsely believe simply because their name is on the birth certificate that they are legally the fathers. In Florida this is simply not the case!

Under Florida law, until a Judge signs an Order which determines you are the father, then the child is NOT legally yours. As such, you have no legal rights to the child for timesharing or parental rights of any kind.

In order to be recognized as the legal father in Florida it is necessary to file what is called a Petition for Determination of Paternity. Paternity actions are brought before the court in order to assist a parent in acknowledging and protecting important time-sharing and child support rights and/or obligations.

September 28, 2011

Termination of Parental Rights

by David M. Goldman

As a Jacksonville Family Law Lawyer, I receive numerous inquiries regarding issues relating to termination of parental rights. For example, just this morning a mother contacted me and asked if she could terminate the parental rights of her daughter’s biological father. The biological father had not seen the child since September 2010 and has made no attempt to contact her for visitation purposes. The mother would like to terminate the biological father’s parental rights and allow the child’s step father to adopt.

In situations like that described above, I turn to Florida Statute 39.806. This statute covers the Grounds for Termination of Parental Rights, which range from mutual consent by the parties to abandonment.

Depending on the circumstances in the above described situation, the parental rights of the biological father may be terminated. However, there are numerous legal hoops that would need to be jumped prior to the termination being granted.

August 26, 2011

Florida Woman Accused of Trying to Sell Her Own Son

by David M. Goldman

St. Petersburg Times reported on Sunday, August 21, 2011, that a Pinellas County woman was arrested on charges of sale of parental rights and violation of probation for grand theft.

According to reports, sometime last week, Jessica Marie Beers, 28, offered to sell her son to James Gardner and his wife to feed her drug habit. Since the arrest the minor child has been in custody of child protective services.

Should you find yourself having legal issues regarding your parental rights contact a Jacksonville Family Law Attorney for further assistance.

August 23, 2011

Termination of Parental Rights in Florida

by David M. Goldman

Florida Statute 39.806 governs termination of parental rights in Florida. The Statute not only specifies what are grounds for termination of parental rights but also specifies circumstances which do not establish grounds for termination of parental rights.

Circumstances that do not establish grounds for terminating parental rights include: mental illness or deficiency, alcohol or drug induced incapacity, failure to maintain contact, failure to provide support and/or failure to establish paternity.

If you are in a situation where your parental rights may be terminated contact a Jacksonville Family Law Attorney today!

August 17, 2011

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 Divorce Attorney today.

July 8, 2011

Jacksonville Florida Parental Rights Attorney

by David M. Goldman

If you are parent of a teenage girl in Florida, I am sure you have seen the show 16 and Pregnant, documenting the tribulations of teenage pregnancy. Some of these teens contemplate abortion. It is important to know that in Florida the parents of a teen who is pregnant have rights when it comes to the abortion of their soon to be grandchild.

The Florida legislature recently passed a bill that will go into effect on October 1, 2011, giving more rights to these parents during the occurrence of their minor daughter’s abortion. One of the rights in this bill is the right to be notified. A physician administering the abortion must give the parents of a minor “constructive” notice by way of first-class mail AND by certified mail.

Please contact a Jacksonville Family Law attorney or a Parental Rights lawyer online for more information on this issue.

June 16, 2011

Jacksonville Mother of Accused Child Murderer may lose Parental Rights

by David M. Goldman

If you live in Jacksonville, you’ve likely heard of Cristian Fernandez, the 12-year-old charged with first-degree murder of his 2-year-old brother. You may also have heard that Cristian’s mother, Biannela Susana, is being charged with negligent homicide. It is alleged that Ms. Susana was not at home at the time of the attack and, upon arriving home, waited two hours before taking her child to the hospital so she could look up care symptoms online. This delay in care is what spurned the negligence charges against her.

Now, however, the Florida Department of Children and Families is asking the court to take away Ms. Susana’s parental rights. She has two other children: a 5-year-old son and a 4-year-old daughter. The court will likely side with the Department of Children, which means Ms. Susana’s two other children will be placed in foster care.

Ms. Susana would also lose custody of Cristian, who would be assigned a guardian ad litem for his criminal court hearings. A guardian ad litem is a non-attorney volunteer who is appointed by the court to act on behalf of a child who has been removed from parental custody. The guardian attempts to act in the child’s best interests in all matters before the court.

June 3, 2011

Grandparent Time-Sharing

by David M. Goldman

Florida law stipulates that families resolve differences over grandparent time-sharing within the family. However, when families are unable to resolve differences relating to grandparent time-sharing, the law provides that the family shall participate in any formal or informal mediation services that may be available.

As a Jacksonville Family Law Attorney, mediating time-sharing disputes is something I continually deal with. Should you have any questions relating to paternal rights and/or grandparent time-sharing in Florida, feel free to contract me at any time!

June 1, 2011

Paternity In Florida: Why You Must Have A Judge’s Signature

by David M. Goldman

As a family law attorney in Florida, I often have cases where the parties are not married but they have a child in common. Many people have the false impression that simply because they are on the birth certificate that this acknowledges that they are the father. THIS IS NOT TRUE. Until a Judge signs an Order that orders that you are the father, then the child is not legally yours and will not inherit under your estate as an heir of yours if you pass away. As such, you have no legal rights to the child for timesharing, visitation or parental rights in Florida until a Judge determines that you do. Please contact a Jacksonville family law attorney for help in getting your parental rights established.