Timesharing

July 7, 2011

Adultery’s Impact on Florida Divorce

Florida is a “no fault” divorce state, meaning that either spouse may seek a divorce without showing cause for the desired separation. The spouse seeking a divorce has the option to simply claim the marriage is “irretrievably broken.” Generally, Florida courts are not concerned with which party played the greater role in causing the divorce.

As a Jacksonville Divorce Attorney, I am often asked how a cheating spouse factors into a divorce in Florida. While adulterous conduct does not factor into the court’s decision to grant a divorce, it can impact other important issues raised in a divorce.

In child custody battles, a court considers the “moral fitness” of a parent seeking custody. Evidence of adulterous conduct can lower a party’s level of “moral fitness,” and decrease his or her chances of receiving custody. However, it is not an absolute bar to child custody. Often times, a larger impact will be whether the adultery had an adverse impact on the child.

July 4, 2011

New Laws Change Parenting Plans for Military Service Members

by David M. Goldman

Under current law, if parents of a child are living apart, the parents have to create a parenting plan that must also be approved by the court. The plan generally must outline the parents’ responsibilities and time-sharing rules. If a parent wishes to change the plan, the parent must generally show a “substantial, material, and unanticipated change” in the circumstances that require a modification. Further, the modification must be in the best interests of the child.

There has historically been an exception if a parent is deployed in the military. If a parent is unable to adhere to a parenting plan because of military service, courts have generally been unable to modify the plan except to enter a temporary modification. Under the new law, deployment cannot be the sole factor in the court’s decision to grant a modification of a permanent plan.

This gives more protection for parents who are in the service and are worries their parenting plans might be altered while deployed or otherwise unable to meet the plan. While it’s not impossible for a court to alter a plan, it cannot alter the plan based solely on that parent’s deployment.

June 22, 2011

Child Custody and Support

by David M. Goldman

A story from Indiana recently went viral on the Internet. It was about a woman who created a fake Facebook profile to befriend her ex-husband, David Voelkert, and get “dirt” on him to use in the couple’s custody battle. The woman thought she struck gold when her ex-husband told his new “friend” that he had been tracking his ex-wife by planting a GPS on her car.

Of course, hiding a GPS on someone’s car and tracking them is illegal (if you’re a private citizen). Federal agents arrested Mr. Voelkert and held him for four days; however, Mr. Voelkert was released after convincing the agents the truth behind his messages: to simply freak his ex-wife out. Apparently, Mr. Voelkert knew from the get-go that his new “friend” was actually a fake account having something to do with his ex-wife.

In retrospect, Mr. Voelkert probably wishes he would’ve simply ignored his ex’s attempt to trick him. However, this situation brings up interesting questions: how can Facebook, twitter, email, and other social web-services be implicated in divorce or custody proceedings?

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 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!

April 8, 2011

Florida Child Support Revisions: New Child Support Law In Florida As Of 2011

by David M. Goldman

As a Florida child support lawyer and a Florida child custody attorney, I deal with the percentages of overnights that a parent may spend with their child and how that effects Florida child support laws. The old law used to be that if a non majority time-sharing parent had 40% or more overnights with the child then the child support obligation for that parent would be reduced. Thus, this would lead to one parent fighting for more time with the child and the other parent fighting not to allow it. The true fight was over the money. Now, as of January 2011, the new Florida child support law states that if the non-majority time-sharing parent has 20% or more of the overnights with the child then that will qualify for an alternate child support calculation. The alternate child support calculation is called “Substantial Time Sharing”. Please contact a Florida child support attorney to correctly calculate the amount of support that the alternate support calculation may trigger.

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 25, 2011

Child Support In Florida: New Rules With Timesharing In Florida

by David M. Goldman

As a Florida child support attorney and a Florida divorce attorney, I regularly keep up with new laws effecting my clients. As such, there is a new child support law in Florida that states if the non-majority time-sharing parent spends more than twenty percent (20%) of overnights with the child then the Florida child support is drastically cut. This is a change from the old 40% of overnights standard that was previously the law. A Jacksonville child support attorney can assist you in calculating the correct amount of child support owed to you or by you.