paternity

July 15, 2016

Parental Rights, Sex Crimes

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.

April 29, 2016

Child Support in Florida

by David M. Goldman

Child support is a major issue in family law. Child support is part of divorce cases and paternity cases. Even dependency cases can have child support issues involved. As a Jacksonville child support lawyer, I have handled many cases involving support from both sides. The person receiving child support and the person paying child support typically just want an amount that is fair. Child support cannot be bargained away by the parents, as Florida law is clear that the right to child support belongs to the child and not the parents.

One child support issue that comes up sometimes is created by the scenario where the parent that has the child the majority of the time is not working. This issue comes up a lot more in paternity cases, but can be present in a divorce case, as well. Chapter 61, Florida Statutes and case law control how child support is handled. Florida law allows for income to be imputed to a person that doesn’t have a job or other source of income. The person paying support often is bothered that he or she is required to work and pay child support, while the recipient of child support sits at home and does nothing. In this situation, the court will sometimes treat the non-working parent as if he or she was working and use money that could be earned working 40 hours per week at minimum wage. Income can also be imputed to the person required to pay child support, even if he or she has no actual income.

Child support is based on a formula where each person’s earnings are used to produce an appropriate child support amount. So a parent without employment will be treated as if he or she is earning approximately $1300 per month in net income, rather than using $0 as his or her monthly income. Normally, this will decrease the amount of support due from the person paying child support. However, Florida law also allows the court that is imputing income to a non-working parent to consider what, if any, amount child care would cost in order for the person to work full time. The cost of childcare is high, and it will increase the overall child support number.