jacksonville family attorney

October 11, 2016

Divorce, Remarriage

When the parties to a marriage believe that a marriage is over or “irretrievably broken”, there is no issue as to whether the divorce should take place. Irretrievably broken means that there is no hope of fixing the marriage. As long as one party to the marriage believes it is broken beyond repair, a dissolution of the marriage will ultimately happen. A broken marriage, however, CAN be fixed by a divorce, it seems. Well technically, the relationship is fixed, but the marriage will have ended. I recently came across an article about couples remarrying after divorce. You can read the article, (“Why Do Divorced Couple Remarry” by clicking here.) There are no available statistics that explain the exact number, but it does happen. The article generally credits remarriage of divorced couples to the healing power of time apart. People have the chance to forgive, to try new things or relationships, and also realize that the problems were not necessarily the people themselves—marriage is simply hard. I personally know of a woman whose parents were married to each other on three separate occasions.

A divorce does not have to go through completely before any benefit can be gained from filing for dissolution. As a Jacksonville divorce lawyer, I have come across several cases where the filing of the divorce paperwork itself helps to save a marriage. Mostly, it is the wife that will file for divorce and have it act as a huge wake-up call for the husband. Although, I have seen it go both ways, however. I imagine that the filing of the divorce petition shows the other spouse that there is a serious problem that needs addressing. Continue reading

July 15, 2016

Parental Rights, Sex Crimes

by David M. Goldman

In 2009, a 14 year old girl was raped in Massachusetts and became pregnant. Her attacker, Jaime Melendez, pled guilty to rape charges and was sentenced to 16 years probation. He was also brought into family court and ordered to pay $110 per week in child support, according to a paper published by the American Bar Association. It was bad enough that the sentence was only 16 years probation. Later, Melendez sued the victim in order to have visitation with the victim’s child since his parental rights were still intact. Melendez felt that if he was going to pay child support, he should be allowed to spend time with the child.

Many states have laws that restrict the rights of a father that produces children as a result of a sexual assault. Of these states, nearly none terminate the rights of the rapist outright without the victim making some sort of effort. Parental Rights termination is something that should be considered carefully, but this is probably an instance where termination of parental rights should be simple and easy to accomplish.

There is a list of things under Florida law that can result in termination of parental rights. Chapter 39 authorizes the termination of parental rights if clear and convincing evidence shows that the child was conceived as a result of a sexual battery. See F.S. 39.806. According to Florida law, “[i]t is presumed that termination of parental rights is in the best interest of the child if the child was conceived as a result of the unlawful sexual battery.” A conviction, or a guilty plea being entered, is enough proof to satisfy the statute. Having to share parental rights with a person that violated you, only serves to continue the agony of the victim. At the Law Office of David M. Goldman, PLLC, we have experienced Jacksonville family lawyers that can help you terminate the parental rights of your attacker, and help reclaim your peace of mind.

May 2, 2016

Co-Parenting Tip: Attitude is Everything

by David M. Goldman

Much that happens in life depends on the attitude that we have about things. Co-parenting and raising children properly after divorce or a relationship with the other parent has ended is no exception. Having the right attitude is key. I’ll share a brief example using my son.

My 15 year old is genuinely a good kid. He’s silly and acts very much like a teenager, but inexplicably woven into the fabric of who he is lies a level of maturity that is beyond his age. My son loves football and plays running back. A few weeks ago, I don’t remember the reason why, but he missed practice twice during the week, including the last day of practice before the game on the following Saturday. As a result, the coach put him on the line to block rather than allowing him to play his normal position. Now, he was upset about it, but you would never have known by watching him block with all his might, which is what he did all game long. He played his part for the day, even though it wasn’t his normal position or one he was happy with. What mattered most to him was winning. He and his teammates still had a common goal, no matter what position he played that day.

The coach commended him after the game for having the heart that he does, and also explained why he did what he had done by putting my son on the offensive line. The following week, he was back to scoring touchdowns as running back. (His team won the championship in their division by the way.) Way too often parents lose sight of the overall goal—happy, healthy children. They are petty and resentful, and don’t work together to ensure the success of their children. As co-parents, you must see the other parent as a teammate. You cannot continue to hold grudges and view them as an enemy. Having that attitude will hinder the team’s performance and make winning nearly impossible.