Jacksonville Divorce Attorney Blog

August 1, 2011

Common Law Marriages Outside Of Florida Can Be Valid

The state of Florida has changed its view on common law marriage in 1967 to not allowing it. As a Florida family law attorney, I get many questions from people who have resided together as husband and wife who have never been officially married. Florida will only recognize this type of marriage if it was formed in another jurisdiction that does allow this type of marriage. In a recent case, a couple had lived as husband and wife in another country without ever having been officially married. The Florida court had to follow the laws governing marriage in the foreign country, which allowed the couple to enter into a common law marriage. If you are from a foreign jurisdiction (either another country or another U.S. state), and your “husband” or “wife” has been in an accident, it may be pressing to get a Florida court to determine that you have some marital rights. If you have a situation where you require a determination of marriage, please contact a Jacksonville family law lawyer.

July 31, 2011

Family Estate Planning In Florida And Medical Power of Attorney

by David M. Goldman

As a Florida family law lawyer, I have been noticing a mad dash by people trying to obtain a “springing” Medical Power of Attorney (POA) because of the new law taking effect on October 1, 2011. A “springing” Medical Power of Attorney is one that is created when the person it affects is still cognizant of what he or she is doing. The word “springing” means that the document will only be operable once the creator of the POA becomes mentally or physically unable to make his or her own medical decisions. With this document, the creator has personally chosen the person(s) who will be responsible to make those medical decisions for them. If someone is going to be making these important decisions for you, wouldn’t you like to have a say in who that person will be? Most people desire this type of control but the new law will soon eliminate this control. If you create your “springing” medical poa before October 1, 2011, the document will stand up against the new law and be valid, but the opposite will be true for “springing” medical poa’s after that date. If you have a desire to have some control over which family member makes your medical decision should you be in a position to be unable to do so, you should contact a Jacksonville family law lawyer or a Jacksonville estate planning attorney to assist you.

July 30, 2011

Premarital Agreements In Florida

by David M. Goldman

Premarital agreements in Florida are an important tool if you wish to keep your assets private during a marriage. While such agreements may never come into play if the marriage lasts, they can be incredibly important in the event of a divorce in Florida. Florida is one of the many states that allows premarital agreements. The agreement must be voluntary as it will not be considered enforceable if it was entered into due to fraud, duress, coercion, or overreaching. Additionally, the agreement must not be unconscionable. These are all issues that are decided by the court in the event the agreement is challenged. In fact, such agreements are challenged and often! If you are thinking about utilizing a premarital agreement in Florida in your marriage, or you wish to challenge a premarital agreement that you’ve already entered into, contact a Florida Family Law Attorney today.

July 29, 2011

Father’s Roles In The Lives Of Children In Florida

by David M. Goldman

As a Florida child custody attorney, I often see families that are having to learn to live separately. Roughly one out of every four fathers lives separately from a child. According to the Pew Research Center, education is a large indicator of whether a father will stick around and be involved in his child’s life. For example, 40% of fathers with less than a high school diploma do not live with their children. Compare that with only 7% of fathers with diplomas who live away from their children. Fifty years ago, 89% of children lived in a home with their fathers. That’s down to 73% today. However, 93% of fathers talk with their children several times a week about their lives. Further, over 90% of fathers who live with their children consider themselves to be either “good” or “very good” fathers, while less than 50% of fathers who lives separate and apart from their children feel they are in that category. This kind of thinking is wrong! Despite the trend for fathers to be decreasingly present in their childrens’ lives, it is still important to maintain some level of contact if possible. This is just one of the many considerations a good Florida divorce lawyer can speak with you about if you are considering a divorce in Florida. If you are in this situation and want more time with your children, please contact a Florida child custody lawyer today.

July 28, 2011

Can I Be Adopted In Florida As An Adult?

by David M. Goldman

In my role as a family law adoption attorney in Jacksonville, Florida, I find that people often think adoption in Florida is only for families seeking an infant or other small child incapable of taking care of him or herself. Adoptions are confidential in many states and as such, hard numbers are difficult to come by, but experts say the number of adult adoptions in Florida is on the rise. Many orphaned adults eventually find a sort of family, whether through coworkers or other friends, with whom they bond. Making that bond legal makes both emotional and financial sense. Not only does it provide a feeling of family and belonging, legally being able to refer to someone as family has numerous advantages in courtrooms, hospitals, and other avenues in life. While adult adoptions are restricted in some states, adult adoptions in Florida are not restricted. If you are considering an adult adoption in Florida, contact a Florida Family Law Lawyer to see how this process can work for you.

July 27, 2011

How Can Grandparents Gain Custody Over Their Grandchildren?

by David M. Goldman

There are multiple reasons why it happens, but the fact is more and more grandparents are finding themselves having to take care of their grandkids. The problem is, however, grandparents often can’t get their grandchildren the services they need due to various legal complications. For example, grandparents don’t automatically have the ability to enroll the children into school or the doctor’s office. Without filing the right paperwork, grandparents can’t get the assistance they likely need to take proper care of their new responsibilities.

Obtaining the rights necessary to take care of grandchildren can be a frustrating, bureaucratic process and can usually takes around a month to complete. It’s important to contact a qualified attorney to help you through the process. If you are in the Jacksonville area, contact a Jacksonville Family Law Attorney.

July 25, 2011

Elders Falling Prey to Family Members and Friends

by David M. Goldman

No matter how good and attentive a child you may be, your Florida elderly single parent may fall prey to a companion, “girl-friend” or “boyfriend”, who may have an ulterior and nefarious (not so nice) motive. If you are a concerned child of an elder who may be involved with someone you are suspicious of, it would be wise to contact an Orange Park Guardianship Attorney to discuss the situation you find your parent.

An Orange Park Guardianship takes several forms. A Voluntary Guardianship is when an elder person, although, not incompetent, is incapable of the “care, custody and management or his or her estate by reason of age or physical infirmity and who has voluntarily petitioned for the appointment”. A voluntary guardianship does not require a determination of incapacity.

A Plenary Guardianship requires that the elder you are seeking guardianship over, be determined incapacitated. This incapacity may be deemed total or limited, and the guardian is given authority over the elder accordingly.

July 25, 2011

Jacksonville Child Custody Lawyer: Modification of Timesharing Agreements

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 disagree about the modification, the standard under Florida Law is often difficult to satisfy.

After a final decree establishing timesharing is filed with a 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, 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 court will allow a modification if the parent asking for the change can show a “substantial change in circumstances.” Some examples include a geographic move or a change in lifestyle.

July 22, 2011

Changing your Name In Florida

by David M. Goldman

Florida residents seeking to change their name may do so by filing a Petition for Change of Name with the court in the county in which they reside. However, there are a few hoops that must be jumped prior to the court granting a name change. In particular, fingerprints must be submitted for a state and national criminal records search.

Also, the Petition must be verified and show numerous things, including:

the Petitioner is a bona fide resident of the county where the name change is sought

July 19, 2011

Child Support Enforcement

by David M. Goldman

Timesharing disputes often conclude where one party is granted majority timesharing of a child, while the other is issued a court order to pay child support each month. The effect of the court order is a legal obligation for the minority timesharing parent to make monetary payments to the majority timesharing parent. Unfortunately, many minority time sharing parents withhold making these payments even when they have sufficient means.

As a St. Augustine Divorce Attorney, majority timesharing parents often ask me if they can force the minority timesharing parent to fulfill his or her payment obligation. In short, yes, there are several avenues in the Florida legal system. A Judge can hold the minority timesharing parent in contempt if he or she fails to make the court ordered payments. Contempt of court is a legal term of art that simply means there is a violation of a court order.

As a result, the minority timesharing parent could go to jail. However, he or she “holds the keys to his or her cell.” If the minority timesharing parent pays the money owed to the majority timesharing parent or proves his or her income is so low that he or she cannot make the payments, then a judge may not require jail time.