Jacksonville Divorce Attorney Blog

March 13, 2012

What Should You Do Before Getting Into A Custody Battle?

If you live in the Jacksonville and/or Orange Park area of Florida and are contemplating filing for divorce and have minor children of the marriage there are actions that should be taken prior to filing for divorce that can greatly help you if and when a dispute over timesharing and parental responsibility arises. You may ask what exactly is timesharing and parental responsibility? In Florida visitation schedules are termed timesharing schedules and are defined in Florida Statute 61.046 as a timetable that must be included in the parenting plan that specifies the time, including overnights and holidays, that a minor child will spend with each parent. The time-sharing schedule shall be:

(a) Developed and agreed to by the parents of a minor child and approved by the court;or

(b) Established by the court if the parents cannot agree or if their agreed-upon schedule is not approved by the court.

Parental Responsibility on the other hand covers the parental rights of the parents. There are two types of Parental Responsibility in Florida: Shared and Sole. Florida Statute 61.046 defines Shared Parental Responsibility as a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly; and defines Sole Parental Responsibility as a court-ordered relationship in which one parent makes decisions regarding the minor child.

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.

March 9, 2012

Domestic Violence and Divorce

by David M. Goldman

As a Jacksonville Family Law Lawyer, I am well versed in the issues of Domestic Violence and its effects on Jacksonville families. Domestic Violence seems to pop up in nearly 50% of my cases; whether the case be one of divorce, paternity, termination of parental rights or modification. The possibility of domestic violence being an issue is always on my mind.

I can’t help but wonder with St. Patrick’s Day coming up and the large amount of beer flowing, would Jacksonville domestic violence and or alcohol related crime rates experience an increase. With this question on my mind I decided to look into the relationship between alcohol and domestic violence.I stumbled upon the Stop Violence Against Women website and read a page titled, “Myths About Alcohol and Domestic Violence.”

The page read, “The relationship between alcohol or other substance abuse and domestic violence is complicated. A prevailing myth about domestic violence is that alcohol and drugs are the major causes of domestic abuse. In reality, some abusers rely on substance use (and abuse) as an excuse for becoming violent. Alcohol allows the abuser to justify his abusive behavior as a result of the alcohol. While an abuser’s use of alcohol may have an effect on the severity of the abuse or the ease with which the abuser can justify his actions, an abuser does not become violent “because” drinking causes him to lose control of his temper.”

March 8, 2012

Alimony Reform

by David M. Goldman

The modification of alimony is a subject that has gathered much attention recently. Much of this attention can be credited to a Massachusetts man named Steve Hitner. In 1999 Hitner was ordered to pay $865 a week in permanent alimony, however; after September 11, 2001 Hitner’s business crashed and he returned to court to have the payment lowered. The Massachusetts court denied his request for a reduction and even ordered his new wife to help with the payments.

Frustrated, Hitner decided to take action and organize a group called Mass Alimony Reform. Through Hitner’s efforts and those of many others Massachusetts revised the state’s alimony laws on March 1, 2012. The new Massachusetts alimony law does not do away with alimony. To the contrary, alimony is awarded more like child support, with guidelines based on the length of the marriage and the income of the parties. And there is room for exceptions and judicial discretion.

Hitner’s efforts and accomplishments have spawned those by others across the nation. The States of Florida, New Jersey, Connecticut and Oregon are all seeing movement towards similar alimony reform. Florida has a similar organization to that created by Hitner called Florida Alimony Reform.

March 7, 2012

Can Non-Parents Gain Custody of Children?

by David M. Goldman

At times it might be necessary for someone who is a non-parent to gain custody of a minor child. This may be the situation where a remarried custodial parent dies and the stepparent has acted, for all intents and purposes, as the child’s only other parent. Or perhaps the same remarried custodial parent becomes incapacitated and his or her children now require care. What options do you have? Florida allows something called temporary custody by extended family for situations such as this.

There are some specifics to how such temporary custody can be attained. The person attempting to gain custody must be an extended family member of the child. The Florida statutes define extended family as grandparents, aunts, uncles, brothers and sisters and possibly even stepparents to claim temporary custody of a child. After an application for custody is filed, the court will conduct an evidentiary hearing. But before the court can make any decision, all of the child’s remaining parents must be given notice and an opportunity to be heard. The court must first determine the fitness of that parent because natural parents do have a fundamental liberty interest in their children’s care. But, if the court does find that parent unfit to provide for the care and control of a child, the court may grant the custody to the non-parent, all other things appropriate.

Keep in mind that the facts behind these situations are very operative, and each set of facts could bring a different result. But if you are in need of nonparent, temporary custody, the best thing to do is contact an experienced Jacksonville Family Law Attorney. You can reach a Jacksonville Family Law Lawyer, at (904) 685-1200 to discuss your case and the options available to you. The consultation may even come at no cost. Contact a Jacksonville Family Law Attorney today.

March 6, 2012

Reminder: During Divorce, Stay Away from Facebook!

by David M. Goldman

A case out of Ohio provides a telling reminder of why you really need to stay away from Facebook during a divorce – or really any criminal proceeding. Sure, it’s nice to have a place to rant and converse with your online friends. But you need to remember that what you write on Facebook is never completely private (no matter what your security settings are at) and the court can (and often does) find out about it.

The case involves a man who was ordered to stay away from his wife and to refrain from doing anything to cause her “to suffer physical and/or mental abuse, harassment, annoyance, or bodily injury.” The order also affected his rights to visit with his son, so he was understandably upset. What he should have done was converse, in person or on the phone, with his friends or others who could offer emotional support. What he did do was log onto Facebook and post:

“. . . if you are an evil, vindictive woman who wants to ruin your husband’s life and take your son’s father away from him completely – all you need to do is say that you’re scared of your husband or domestic partner . . . .”

March 5, 2012

Prenuptial Agreements All the Rage!

by David M. Goldman

The marriage of two individuals usually calls for a celebration. Amongst all the excitement and buzz, a couple is busy reserving locations, picking out color schemes and centerpieces and sending out invitations. One very important thing that people often neglect to discuss is what is going to happen should the marriage take a turn for the worst. It’s safe to say that the institution of marriage is in a state of instability, as empty marriages are all the rage in the celebrity arena. With this being the case, it’s time for those considering marriage to also consider entering into a prenuptial agreement.

It is estimated that 40 percent of marriage in the United States end in eventual divorce. These cases are incredibly complex and can include child care issues, housing costs, and of course, money. Typically, these issues are discussed at the conclusion of the marriage when often time’s accusations are already flying, and feelings are already hurt. A prenuptial is a contract entered into before the marriage is formally entered into. The agreement will deal with things such as division of property, spousal support, and guardianship. These tender issues should not be addressed with open wounds.

Prenuptial Agreements are becoming increasingly prevalent due to their low cost and ease of execution. This Jacksonville Divorce Lawyer can do a prenuptial starting as low as $500. Don’t get caught off guard in the intoxication of early romance, think with your head and not your heart in protecting the things you have worked hard for. Contact us at (904) 685-1200 to schedule an initial consultation today.

March 2, 2012

Divorce Questions and Answers

by David M. Goldman

As a Jacksonville Divorce Attorney I am all to familiar with the topics discussed in Georgialee Lang’s article, 5 Support Arguments That Don’t Matter in Divorce Court. In the article, Ms. Lang lists and describes what she deems to be the five most common complaints in divorce cases. Ms. Lang lists the complaints as follows:

(1) My wife left me to move in with her boyfriend, why do I have to pay her spousal support?

(2) My ex spouse has remarried, why do I still have to pay spousal support?

March 1, 2012

Prenuptial Agreements 101: Overcoming the Stigma

by David M. Goldman

One of the best tools that a couple has in protecting their assets before marriage is the pre-marital agreement. Everyone knows the situation: one party tries to discuss a premarital agreement with his or her respective partner, and the partner will respond with any number of gripes. They range anywhere from “if you loved/trusted me like you really say you do, we would not need a prenuptial agreement” to “I will NEVER marry into an arrangement that requires me to sign a contract.” So, the task at hand is now for you to show your partner the value of these agreements. What many do not realize is that marriage itself is a contract, and that without an agreement, decisions that should be yours if the marriage ends are put in the hands of the court.

In order to show your partner the value in pre-marital arrangements (yes, you should refer to them as that), try using the following analogy. You would never purchase a car without buying insurance. You would never purchase a home without homeowners insurance. One does not purchase this insurance with the intention of torching their new house or car – just as people do not enter into pre-marital agreements just to turn around and trash their marriage. Otherwise, why go through the effort and expense of getting married in the first place?!

As experienced Jacksonville Divorce Attorneys, we deal with rifts such as the one above on a daily basis. We put our clients at ease by drafting an agreement that keeps the interests of both parties in mind and by using competitive pricing. In fact, some Jacksonville Divorce Lawyers can do a pre-marital agreement starting as low as $500. To schedule an initial consultation and discuss all relevant matters related to your case, contact a Jacksonville Divorce Attorney, today.

February 29, 2012

Consult with a Family Law Lawyer

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 the termination of their marriage.

Our Jacksonville Florida Divorce and Family Law Attorneys recognize that a divorce or child custody issue 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 enjoy a normal and 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 served with divorce papers contact a Jacksonville Divorce Lawyer at (904) 685-1200 to schedule a free consultation.