Paternity

September 18, 2011

Can I Relocate With My Minor Child Without the Other Parent’s Permission?

Florida Statute 61.13001 governs this issue of parental relocation with a minor child. The Statute defines Relocation as, “a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.”

The Statute further states, in so many words, unless an agreement has been entered between the parents as to the relocation the parent desiring to relocate must file a Petition to Relocate with the Court and serve the same upon the other parent.

As a Jacksonville Family Law Lawyer, I know what this Petition needs to entail and the process of filing it and arguing it (if necessary) before a Judge.

August 22, 2011

Divorce and Child Support

by David M. Goldman

In Florida all parents must contribute to the support of their minor child(ren). A minor child is defined as a child who has not yet reached majority (18 years old). If however, the child is 18 but is still in high school, than child support can be extended until either high school graduation or the child’s 19th birthday; whichever occurs first.

Child support in Jacksonville is based upon the Florida Child Support Guidelines and the net income of both parents. It is based solely upon income and parent’s expenses or cost of living is never considered. Parents CANNOT legally waive child support. Child support is a right of the child, thus not a right of parents who can choose to waive them. Therefore, in every case where there are minor children, child support must be determined.

For more information regarding Child Support in Jacksonville, Florida, contact a Jacksonville Child Support Attorney today.

June 9, 2011

Family Law and Divorce

by David M. Goldman

“Can I move out of state as primary parent of my child?” As a Jacksonville Family Law Attorney, I continually receive this question and just received it again in my email. I have also previously written a blog on it.

To briefly answer this question, a parent who has majority timesharing with their child(ren) may move out of state. However, there are a few hoops that need to be jumped first.

Specifically, Florida law requires parents who want to relocate with their children, thus moving more than fifty (50) miles away from the minority timesharing parent, to file with the court a Motion to Relocate. This Motion must be heard and granted by the Court prior to relocating.

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.

May 19, 2011

Child Support and Child Custody

by David M. Goldman

Can both parents mutually agree to waive child support payments in a divorce or paternity action?

As an Orange Park Child Support Attorney I have come across this topic on several occasions. I always tell clients and potential clients that child support is a right that benefits the child. A parent’s child support obligation cannot be removed by agreement and a child’s right to receive support from their parents is inherent and cannot be waived. Eliminating child support is simply not an option.

Contact an Orange Park Child Support Attorney to learn more about child support and other family law issues.

April 18, 2011

Paternity And Cohabitation In Florida

by David M. Goldman

As a Jacksonville, Florida divorce lawyer and Florida child custody attorney, I have a lot of clients who have not married but have lived together and have a child together. When these relationships come to an end, many times the couple has acquired some property together. The property acquired during the relationship can be a home or car or credit card debt, etc. Florida law states that when parties are not married, the courts do not have the authority to address the division of assets or liabilities. To properly ensure protection of items acquired during the relationship, you should contact a Jacksonville, Florida custody lawyer or a Florida paternity attorney.

April 14, 2011

Contempt of Court in a Divorce

by David M. Goldman

In Florida, if a parent does not pay their court ordered child support they could likely find themselves behind bars. However, to put a non-paying parent in jail the court must:

(1) Find that the parent is willfully failing to pay the ordered child support amounts, (2) make the affirmative finding that the non-paying parent possesses the ability to comply with the purge amount and (3) put the above two requirements in a written order.

Contact a Jacksonville Beach Divorce Lawyer today if you are worried you may be found in contempt of court for non-payment of child support.

April 6, 2011

Child Custody Issues

by David M. Goldman

As a Jacksonville Child Custody Attorney I often see cases where one party will do everything in their power to sabotage the other party. This is the worst thing a parent can do who is involved in a child custody battle. Not only can certain actions put that parent in a bad light in front of the Judge but it can also be detrimental to the child.

Therefore, when I begin a case, whether it be a divorce case or a paternity case, among other things I tell the parent the following:

• Do not make disparaging remarks regarding the other parent in the presence of the minor child.

March 26, 2011

How to Establish Paternity in Florida

by David M. Goldman

The issue of paternity is something I see all the time as a Jacksonville Child Custody and Child Support Lawyer. In Florida a child does not have a legal father if the mother was not married when the child was born. Legal paternity must be established for the child in order for the child and father to get all of their legal rights and benefits.

In Florida, there are five ways to establish paternity:

Marriage: The parents are married to each other when the child is born.

March 15, 2011

Wiretapping Teddy Bear Leads to Large Fine

by David M. Goldman

A concerned Nebraska mother learned the hard way that recording someone without his or her knowledge violates the Federal Wiretap Act. The mother and her father were hit with a combined $120,000 penalty for putting an audio recorder in the mother’s daughter’s teddy bear.

An article titled, “Modern Divorce: Wiretapped Teddy Bears, $120,000 in fines,” details how the mother and grandfather wiretapped the child’s father and inadvertently numerous other individuals with the hopes of gaining evidence to prove the child’s father was abusive during his unsupervised timesharing with the child.

As a Jacksonville Family Law Attorney I know many people would like to gain as much evidence as they can against the opposing party in a divorce or child custody case. However, it is important to learn from the above mentioned mother and grandfather that recording someone without his or her knowledge is not only likely inadmissible in court it can also be illegal. Contacting a Jacksonville Family Law Attorney can be an important first step in a divorce proceeding.