Jacksonville Divorce Attorney Blog

December 10, 2010

Divorce Rates On The Rise

As a Jacksonville divorce lawyer, I keep track of trends in the area of divorce and child custody issues. As of December 6, 2010, the divorce rate in Jacksonville, Florida was on the rise. However, there is an even bigger trend for younger couples in having children and waiting to get married. In these cases, Florida child custody issues are addressed in the form of a Paternity case. The main thing that people who are practicing this trend should know is that simply because the father is named on the birth certificate does NOT make him the father by law. It isn’t until a Judge signs an Order naming the father as the biological father that he will have any legal rights to the child. It is imperative to obtain a child custody lawyer or paternity lawyer to petition the court to give the father legal rights and legal obligation such as the obligation to pay child support in Florida.

December 9, 2010

Federal Regulations Granting Florida Gay and Lesbian Partners Hospital Visitation Rights.

by David M. Goldman

A Department of Health and Human Services regulation will prohibit hospitals receiving Medicare or Medicaid funding from discriminatory visitation rules, beginning in 2011. The rule will prohibit discrimination in visitation policies based on one’s sexual orientation or gender identity.

Florida hospitals often bar visitors who are not related to a patient. Although there may be new rules, it is still advisable to consult with a St. Augustine Family Law Firm and prepare a hospital or health care visitation authorization document. This will give you written evidence of whom you want to visit you, and who can make health care decisions on your behalf, in the event of your incapacity.

Make sure you and your lesbian and gay partner living in St. Augustine or Jacksonville are protected in the event of future illness or injury, by talking with a Gay and Lesbian Family Law Attorney, about legal documents such as a Designation of Agent for Health Care Visitation and Designation of Health Care Surrogate. These documents will preserve your wishes in the event you are unable to express them at the time they are needed.

December 8, 2010

Jacksonville Divorce Lawyer: What is a Parenting Plan?

by David M. Goldman

Jacksonville Divorce Lawyer Parenting Agreement.png In Jacksonville all divorces where there are minor children (under the age of 18 in most cases) require a “parenting plan.”

In a Jacksonville Divorce, a parenting plan is created to establish the roles of each parent in regards to important decisions about a child’s education, health care, physical, social, and emotional well-being and must include:

A description of who will be responsible for health care, school-related matters, and other activities.

December 6, 2010

Florida Gay Marriage Advocates look to California

by David M. Goldman

Jacksonville gay marriage proponents waiting for the oral arguments over California’s Proposition 8. Over the summer, a district judge held the ban on gay marriage unconstitutional and since August 16th the law has been on hold. Read more about the California panel of judges that will be hearing oral arguments in this case.

As Florida does not recognize same-sex marriages, Jacksonville gay and lesbian families would do well to consult with a Florida Gay and Lesbian Family Law Attorney who can provide information about the various legal documents that create marriage like agreements. Whether they are called domestic partnership agreements, living together contracts or something else, these documents reflect the intentions that you and your partner have towards issues such as title of real and personal property, property owned before the relationship began and property either or both of you accumulate during the relationship.

Agreements which memorialize Jacksonville gay and lesbian relationships are contracts. Traditional contract considerations such as intent, capacity to enter into a contract as well as other considerations must be met. As these contracts create enforceable legal rights, it is best to discuss what you want to achieve, and obtain advice from a Jacksonville gay and lesbian friendly law firm for important issues to consider, and clauses to include in any written legal document.

November 23, 2010

Gay and Lesbian Shared Parenting Agreements

by David M. Goldman

If you live in or around Jacksonville Florida, are gay or lesbian, have children, and share parenting responsibilities, it is important to have a Gay or Lesbian Shared Parenting Agreement. Having a written legal document which expresses your intentions and wishes as to raising your child is imperative.

Being a Gay or Lesbian parent in Jacksonville is no longer based on a man-woman, husband-wife model. Courts continue to wrestle with the concept of non-legal parents seeking custody and visitation with children, following divorce, separation, or termination of a relationship. A written agreement which describes both the legal as well as non-legal parent’s role to the child, and outlines custody, visitation and other issues, will give both parents the opportunity to be heard in mediation or court, should a break-up occur.

There is an emerging body of case law addressing custody and visitation rights of the non-legal parent. Keeping in mind the best interest of the child standard, it may be in your families best interest to consult with a Jacksonville Gay and Lesbian Rights Attorney to discuss how a Shared Parenting Agreement can help you.

November 8, 2010

Children of Divorce

by David M. Goldman

The State of Florida requires all parents seeking dissolution of marriage to complete a parenting course before granting a pending divorce. Said parenting course is designed to educate parents on the complex and challenging issues that often arise through the divorce process with parents and children alike. In Duval County the required course is the Children First in Divorce Program offered through Hope Haven’s Children’s Clinic. Both parents are required to complete the course but do not have to do so together. Also, many Judges require completion of the above mentioned course in paternity actions. If you are a parent considering divorce in Duval County and have questions regarding what else Florida requires in a dissolution of marriage proceeding contact a Duval County Divorce and Child Custody Attorney today.

November 7, 2010

Florida Family Law Lawyer Update

by David M. Goldman

A recent New York Times article detailed a study which found couples that cohabitate before marriage are less likely to stay married than their non-cohabitating counterparts. The study found that the odds that a marriage would last longer than ten years after first cohabitating decreased by 6 percentage points.

Whether or not cohabitation played a role in the demise of a marriage is irrelevant, especially when you find yourself at the beginning stages of filing for divorce. Divorce is often times a complex and intricate process that requires a well-versed Jacksonville Family Law Lawyer.

If you find yourself wondering how to go about filing for divorce you need to contact an attorney that could help you down the long and often treacherous road. Contact a Jacksonville FL. Family Law Attorney today for help during this trying time.

November 6, 2010

No Fault Divorce

by David M. Goldman

Like most states in the U.S. Florida is a no fault divorce state. No fault divorce means neither spouse is required to prove “fault” or marital misconduct on the part of the other party. One party must merely show that the marriage is “irretrievably broken” or that the other party has been mentally incapacitated for the past 3 years.

However, this does not mean that divorce in Florida is always a quick and easy process that can be done without the professional assistance of a Florida Divorce Attorney. For example, if one party disagrees that the marriage is “irretrievably broken” a judge is likely to require marital counseling for up to 3 months to encourage reconciliation. Judges also have the authority to delay the divorce and require counseling for up to 3 months if there are minor children to the marriage.

It is important to note that even in a no fault divorce state divorce can be a long and taxing process. Many factors contribute to a divorce proceeding that often requires professional assistance. If you find yourself considering divorce contact a Jacksonville Divorce Lawyer today.

November 5, 2010

Temporary Custody by Family Members

by David M. Goldman

Many children in Jacksonville are being raised by relatives. In the past, a relative could raise a child, but with the new privacy, medical and educational requirements, a guardianhsip or other legal document may be needed to provide for a child.

The Law Office of David M. Goldman is knowledgeable about the procedure for obtaining an Order for Temporary Custody by Extended Family Member cases, and is able to guide you through the legal process.

If you are in the Jacksonville area, and are caring for a minor child contact a Jacksonville Guardianship Lawyer to learn more about how a Florida guardianship can benefit you.

November 5, 2010

Custody Law Information

by David M. Goldman

Child Custody: The Best Interests of the Child Standard.

Florida Family Law Lawyers know the importance of the Best Interests of the Child Standard. However, those going through a custody dispute may be somewhat unfamiliar. First it is important to know that the (BIC) standard is the primary focus for a Family law judge when decided a custody case. In any custody battle it is vital not lose sight of the importance of making decisions in the best interest of the child(ren). Some of the factors courts take into consideration when determining custody and time-sharing issues are as follows:

The wishes of the child;