Jacksonville Divorce Attorney Blog

February 16, 2011

Termination of Parental Rights in Florida

Many parents who are frustrated with dealing with their ex-spouses or child’s other parent consider terminating the other parent’s rights. Parental termination is a legal process in which a parent’s legal rights are taken away. In the eyes of the court, that person ceases to be that child’s parent and has no more rights or responsibilities toward the child.

Termination of Parental rights in Florida is governed by Statute § 39.806. The Statute lays out the circumstances that are grounds for termination, which include:

Abandonment or Extreme Parental Disinterest,

February 15, 2011

Florida Child Support

by David M. Goldman

In a recent article posted on news-press.com, columnist Sam Cook inducts another man to the Deadbeat Dads Hall of Shame. The article titled, “Deadbeat dad easy to locate, loathe,” describes how Joseph K. Bocchino has evaded paying court ordered child support for the past 30 years.

A Jacksonville Child Support Lawyer has experiencing dealing with Deadbeat dads like Bocchino and is well aware of how to get the mothers and children the child support they are owed.

If you have been struggling with a Deadbeat dad and desperately need the child support you and your child are owed contact a Jacksonville Child Support Lawyer today.

February 14, 2011

False Domestic Violence Accusations

by David M. Goldman

Domestic violence is a serious issue not to be taken lightly.

However, it is important not to overlook the possibility of false domestic violence accusations and the consequences they produce. Such accusations can destroy the reputations of the accused and can cause overwhelming legal fees if fought through the courts.

False domestic violence claims are often times a fast and effective way for a party to win child timesharing and speed up divorce cases.

NewCheif.com wrote an article on this exact issue, entitled “Florida Dads Asking for Help Against False Accusations.”

February 11, 2011

Family Law Custody: Jacksonville FL.

by David M. Goldman

People often believe that mothers tend to be more nurturing and better caregiver’s than fathers and thus should be the preferred parent in a custody dispute. As a matter of fact, this is a legal concept, termed the Tender Years Doctrine.

The Tender Years Doctrine is a legal doctrine in child custody cases, which has existed in Family Law since the late 19th century. The doctrine presumes that during a child’s tender years (age thirteen and under), the custody of the child should be that of the mother’s.

However, in Florida this doctrine is no longer applicable. In its place, Florida follows the Best Interests of the Child standard. The Best Interest of the Child standard does not take into consideration a parent’s gender when determining custody.

To find out more about what Florida Courts consider when settling custody disputes or if you need help in a current custody dispute contact a Jacksonville Child Custody Attorney today.

February 10, 2011

Divorce In Florida Is Costly And Emotional

by David M. Goldman

http://www.youtube.com/watch?v=zbr2ao86ww0Being a Jacksonville family law attorney, I begin this blog by shaking my head. One thing that continues to amaze me as a Jacksonville, Florida divorce lawyer is how two people who have loved each other so much at one time and who have loved each other enough to create another human being with this person can now sit in a courtroom across from one another with such hate and disdain for the one time love of their life. Divorce in Florida is tough; both emotionally and financially. If you have children and child custody in Florida is an issue then you can expect the divorce to cost even more. The financial impact will cease, but the emotional impact could be long lasting. If you are experiencing a divorce in Jacksonville, Florida, please remember that the way you act towards your spouse now will have long lasting effects on your relationship in the future. Try not to burn everything to the ground so that you may rebuild in the future.

February 9, 2011

Divorce In Florida Can Be Fatal

by David M. Goldman

I am a Jacksonville, Florida family law lawyer and a Jacksonville, Florida criminal law attorney. I specialize in both family and criminal law issues. So often I see the two areas of law overlap especially when divorce in Florida is at issue. Divorce attorneys in Jacksonville, Florida have the difficult task of regulating a client’s emotion at the height of when everything may seem to be crumbling around them. Their marriage is ending, they could be losing custody of their children, their finances are changing, they may be losing their home. This level of despair could lead to criminal activity and often does as recently seen in a murder in Lee County, Florida when a desperate father and husband shot and killed his estranged wife. When seeking a Florida divorce attorney, seek out one who is capable of handling the necessary emotional counseling that accompanies the expert legal advice that you require. It is equally as important.

February 8, 2011

Adoption And Custody In Florida: Termination Of Parental Rights In Florida

by David M. Goldman

As a Jacksonville, Florida child custody lawyer, I often see cases where one parent desires to terminate the parental rights of another to allow a step-parent to adopt. This type of case requires the expertise of a qualified Florida custody attorney as it is quite a detailed task. There are many essential elements that must be fulfilled to qualify to be able to terminate a parent’s parental rights. The process is a two-part process. The first part is to terminate the parental rights, and the second part is the Florida adoption.

February 7, 2011

Child Support In Florida: I Am Laid Off. Am I In Contempt?

by David M. Goldman

With the economic times as they are, in my practice as a Jacksonville child support lawyer, I see so many clients who cannot pay their Florida child support obligation. Often, a motion for contempt will be filed against the non-paying party which prompts the necessity for the hiring of a Florida child support attorney. If you have been laid off due to the economy and not due to something improper that you’ve done to get you fired, then you may have a remedy in court. The law requires that for a non-paying party to be held in contempt of court, the evidence must show that the non-paying party had the ability to pay the obligation and willfully and maliciously failed to comply. Proving that the non-paying party did not have the ability to pay can sometimes be a difficult task requiring the specialized skill of a child support lawyer in Jacksonville, Florida. Do not go into court alone. You most likely wouldn’t take out your own appendix and as such, you should never go into the courtroom without representation.

February 4, 2011

Where’s My Retirement Share?

by David M. Goldman

Many times after a divorce in Jacksonville, Florida is over, my Jacksonville divorce attorney practice has to divvy up retirement fund proceeds between the parties. As Jacksonville divorce lawyers, we have to be qualified to accomplish this division. This is done through a qualified domestic relations order (QDRO). The QDRO requires the Florida family lawyer to contact the companies’ plan administrator, and the plan administrator will then send retirement related forms for the Florida divorce lawyer to draft a QDRO and have it signed by a Judge and certified by the court. Then the Jacksonville divorce attorney will send the executed certified copy back to the plan administrator who will then create an account for the party who is to receive the funds.

February 3, 2011

Custody In Florida: Is 50/50 Rotating Custody The Law In Florida?

by David M. Goldman

I have been a practicing contested custody lawyer in Jacksonville, Florida for almost ten years. In October of 2008, the law regarding custody in Florida changed. The legislature has attempted to give the non-custodial parent more time with the child. Does this mean that Florida has now become a 50/50 rotating custody state? No. Absolutely not. This is a misnomer. In fact, most Judges in Duval County, Florida are reluctant to award such a custody arrangement. However, the days of the every other weekend are being modified. Judges in custody cases in Florida and custody lawyers in Jacksonville are recognizing the need for the child to be with BOTH parents as much as they can, but that is still only if both parents will take proper and good care of the child.