Timesharing

June 8, 2012

Halle Berry’s Move To France Not In the Best Interest of Her Child

American Actress and Model Halle Berry has been engaged in an emblazoned custody battle with her former boyfriend Gabriel Aubry. Berry has asked that their child, four year old Nahla, be permitted to leave with Berry to live in France. The Los Angeles Court must determine that the move is in the best interest of the child to permit it. The same standard is used here in Florida to permit a moving parent to relocate more than 50 miles away from the other parent.

Proving “best interest of the child” is not always an easy standard. It typically involves a weighing of the pros and cons of moving or staying. In Berry’s case, she argues that France has stronger protection for Nahla from the great amount of media attention she would otherwise get here in the states. This sounds like a good argument. Surely, a great amount of media attention and privacy invasion is bad for a child.

Mr. Aubry argues that the real reason for the move is Berry following her new fiance, Oliver Martinez, whom is a french film actor. He cites the fact that she has had two earlier failed marriages which is evidence that this marriage too, is likely to fail.

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 12, 2012

Are You the Legal Father of Your Child?

by David M. Goldman

As a Jacksonville Family Law Lawyer, I often have cases where a mother and father are not married to one another 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! There is more that is required for unwed fathers in Florida to gain legal rights over their children.

Under Florida law, until a Judge signs an Order which determines that an unwed man is the father of a child, then the child is NOT legally his. As such, the man has no legal rights to the child. That includes no rights for timesharing and no rights over major decisions in the child’s life. This means that if the child’s mother does not want to allow the alleged father to see the child, she is under no legal obligation to do so.

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 a court in order to assist a parent in acknowledging and protecting important time-sharing and child support rights and/or obligations.

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).

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.

November 15, 2011

What is a Restraining Order

by David M. Goldman

A few days ago I wrote about the Texas Family Law Judge, William Adams, being caught on video beating his daughter. The video showed Judge Adams beating his then 16 year-old daughter, Hilary Adams with a belt. The video has caught the attention of news agencies across the country and has outrage the public at large.

Since the video has been released Judge Adams has been served with a restraining order that temporarily terminates his visitation with his younger daughter. Judge Adam’s, ex-wife, Hallie Adams is reported to fear that her daughter is not safe spending time with Judge Adams right now.

A hearing has been scheduled for November 21st to determine whether Judge Adam’s visitation with his younger daughter should continue to be denied or should be supervised by a third party.

November 8, 2011

Child Obesity and Custody Issues

by David M. Goldman

According to a recent news report, parents are increasingly arguing the issue of child obesity in child custody cases. In many states, including Florida, family courts are often burdened with deciding the rights of parents following a divorce. Couples should figure these terms out on their own, but the court may, in some instances, have to make the decision for them. In Jacksonville the court makes this decision based on the best interest of the child standard and considers arguments from both sides as to which parent should get which rights.

Parents are generally free to offer any sort of evidence (provided it complies with the rules of evidence) for the court to consider, and some parents are beginning to argue that the other parent has contributed to the child’s obesity. They can show this in any number of ways; for example, by referencing the child’s weight, by showing the sort of diet the other parent provides the child, or showing the other parent lets the child sit inside to play video games all day. For example, one case from Oregon saw a judge limit rights of a parent who was providing fast-food meals to the child for nearly every single meal.

It is important to note that a child’s obesity is just one factor the court might consider. But if a child’s parent is encouraging unhealthy behavior, there are likely other issues to consider as well. If you are going through a child custody case or a divorce, contact a Florida Family Law Attorney to discuss your case.

November 1, 2011

What is Parental Alienation Syndrome?

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.