Child Custody

March 5, 2020

FLORIDA’S PARENTAL RELOCATION STATUTE. DOES IT PROTECT YOUR RIGHTS OR RESTRICT YOUR MOVEMENTS?

In Florida, can a divorced or single parent move with or without their child?

If you have made arrangements to move with your child without being sure you are acting legally, think again. The ramifications of relocating with your child without approval from the other parent or the court are potentially hazardous. A Court could hold you in contempt of Court or make you move back to your old location with the children, or worse, give up custody to the other parent.

“Relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.

November 7, 2018

Parenting Plans in Florida: What Do They Include?

by David M. Goldman

In Florida, divorces with children involved primarily focus on the parenting plan first. The parenting plan determines numerous factors in raising your children and will be the document most referred to after the divorce is finalized. It is important that the plan is tailored to you and your children and accounts for the best interest of the children. Before filing for divorce, you should consider whether you would like to request one of the following:

Shared Parental Responsibility: Both parents confer and jointly make all major decisions affecting the welfare of the children, such as education, healthcare, etc.
Shared Parental Responsibility with Decision Making Authority: Both parents attempt to agree on major decisions, but one parent will have the ultimate decision-making authority.

July 9, 2018

New Ruling by Florida Supreme Court Gives A Remedy For Biological Fathers in Paternity Cases

by David M. Goldman

In Simmonds v. Perkins, No. SC17-1963 (Fla. 2018), the Florida Supreme Court decided to take up the question of whether a biological father is entitled to rebut the common law presumption that the mother’s husband is the legal father of a child born to an intact marriage, where the mother or her husband object to allowing such rebuttal. The Court held that the biological father may rebut the presumption of legitimacy when he has “manifested a substantial and continuing concern” for the welfare of the child. The presumption of legitimacy may be overcome by a “clear and compelling reason based primarily on the child’s best interests.”

This case involved the child’s mother, Treneka Simmonds, and biological father, Connor Perkins, and their daughter. When Perkins and Simmonds were together, Perkins was never told Simmonds was married to a man named Shaquan Ferguson. When Perkins did find out Simmonds was married, she told him she was married for “immigration purposes” and was going to get a divorce. Perkins was there when the child was born, taken the child to the doctor, enrolled the child in daycare, and even had sole physical custody for awhile. The child called him “daddy.” Perkins’ mother is also known as her grandmother.

Perkins decided to file a petition to determine paternity, timesharing, and child support. Simmonds moved to dismiss the action based on it being barred by the common law presumption of legitimacy because Simmonds was married to Ferguson. Perkins then added Ferguson as an additional party, amended his petition to seek disestablishment of Ferguson’s paternity, and alleged it would be in the child’s best interests for him to be recognized as her legal father. Ferguson also moved to dismiss under common law. The trial court dismissed Perkins’ petition because of previous Fourth District precedent stating that the putative father cannot seek paternity when the child was born in an intact marriage and the married woman and her husband object.

June 28, 2018

Angelina Jolie and Brad Pitt Custody Battle May Involve Parental Alienation

by David M. Goldman

In 2016, Angelina Jolie filed for divorce from Brad Pitt after he got into an altercation with his son Maddox on a plane that resulted in an FBI investigation. You may have heard about the custody battle with their six children that has ensued. Recently, a judge apparently ordered “new restrictions” regarding Angelina’s participation in how Brad interacts with the children.

The Judge wrote, “[The children] not having a relationship with their father is harmful to them. It is critical that each of them have a healthy and strong relationship with their father and mother.” The Judge also state, “If the minor children remain closed down to their father and depending on the circumstances surrounding this condition, it may result in a reduction of the time they spend with [Jolie] and may result in the Court ordering primary physical custody to [Pitt].” The Judge created a visitation schedule for Brad to see his children over the summer with the children continuing to receive therapy.

It seems the Judge is trying to prevent parental alienation. Parental alienation is the psychological manipulation of a child into showing unwarranted fear, disrespect or hostility towards a parent and/or other family members. Check out 9 warning signs that parental alienation might be present here.

May 22, 2018

Golfer Lucas Glover’s Wife Arrested in Florida: Family Law Implications

by David M. Goldman

National headlines were made when the wife of former U.S. Open champion Lucas Glover was arrested for domestic violence battery and resisting arrest in St. Johns County, Florida on May 13, 2018. The altercation allegedly occurred after Lucas Glover missed the 54-hole cut at The Players Championship. Lucas Glover told authorities that his wife gets violent every time he does not play well in a major PGA Tournament. There were allegedly visible injuries on Lucas Glover and his mother. Krista Glover faces a court date on May 31, 2018 and was released on a $2,500 bond.

The Glovers children were present at the home when the incident happened. Krista Glover had been drinking throughout the day and started yelling profane insults at Lucas Glover in front of their children and his mother. Lucas Glover told her to stop the argument while in front of the children. The children were in bed when the physical altercation happened, and it is unknown if they observed any of the altercation or the subsequent arrest afterwards where Krista Glover allegedly resisted arrest. The couple was married in 2012 and have two children, a two-year-old son and a 5-year-old daughter.

The consequences of arguments in front of the children can be serious to both the aggressor and the victim. The Florida Department of Children and Families may become involved if they receive an abuse report to investigate regarding the situation, which could even lead to possible removal of the children from both parties if it is alleged Lucas Glover failed to protect the children from multiple instances. Also, it is key that alcohol was involved. Drinking is perfectly legal and acceptable; as long as there is not a demonstrable effect on the children. If there is a demonstrable effect on the children, alcohol treatment would most likely be ordered by a dependency court.

January 18, 2018

Emergency Child Pick-Up Orders Can Offer Parents a Method to Enforce Custody Orders

by David M. Goldman

When can you ask the Court for an emergency child pick-up order? If your ex-spouse or, if you have not been married, the other parent takes your child for timesharing and does not return the child, what can you do? What are your options if the child is taken out of the State of Florida?

What is an emergency pick-up order? An emergency pick-up order is an order signed by the Court that directs the sheriff or other law enforcement officer to take a child from the person who has physical possession of your child and deliver the child to your custody. The process is started by filing an Emergency Verified Motion for Child Pick-Up Order. You must attach a certified birth certificate if you are the birth mother of a child born out of wedlock and no court order of paternity exists. If you have a judgment establishing paternity or a court order showing you have legal custody, you attach a certified copy to your motion.

Compliance with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a must to ensure that Florida has jurisdiction. See Fla. Stat. 61.514. Florida must be the child’s home state within 6 months before the commencement of the proceeding. The conditions in 61.514 specifically indicate under what circumstances the Court can take jurisdiction.

January 2, 2018

International Service of Process To Initiate a Florida Divorce

by David M. Goldman

What do you do when you want a divorce but your spouse has left to go to a foreign country? How do you serve your spouse with divorce papers? It can be a very complex and scary process; even to a lot of lawyers.

To commence a divorce action, there must be personal service on a spouse, meaning that a copy of the petition may be served on your spouse by sheriff or certified process server at their usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. The spouse may also be served at their employment in a private area designated by the employer after contacting the employer. Service may also be made on a spouse doing business as a sole proprietorship at their place of business by serving the person in charge of the business at the time of service if 2 attempts to serve the owner have been made at the place of business.

International service of process is governed by the Hague Convention on the Service of Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Inter-American Service Convention “IASC,” with an Additional Protocol. There are some countries who are not a part of the Hague Convention and special rules apply for these countries.

December 13, 2017

How Difficult is a Step Parent Adoption in Florida?

by David M. Goldman

It’s only natural that when a step parent has been a major father or mother figure in a child’s life that the subject of adoption comes up. It makes official what has already been a reality for quite awhile. How complicated is step parent adoption in Florida?

The step parent must consent to the adoption and the process is started by the step parent filing a sworn petition to adopt. A copy of any judgment terminating parental rights or consents to the adoption from the parents must be attached. If the child is over 12 years of age, a consent to the adoption may be attached.

Under Chapter 63, Florida Statutes, consent of the parent is required but the court may waive the consent of:

December 4, 2017

Can My Parental Rights be Terminated? Grounds for Termination of Parental Rights in Florida

by David M. Goldman

Being served with a termination of parental rights petition is the first step to a complicated process in the state of Florida. A termination of parental rights petition must include facts alleging that at least one of the grounds listed in F.S. 38.806 has been met and that granting the petition would be in the manifest best interests of the child or children as listed in F.S. 39.810. No answer to the petition is required, but if you answer, the petitioner will need the court’s approval to amend their petition later.

Grounds for termination are as listed:

(1) Voluntary surrender: When you have signed a written surrender of their parental rights to the child(ren)

April 13, 2017

Child Support Contempt

by David M. Goldman

Child Support Contempt is a common issue with Jacksonville Family law and divorce cases. When it comes to child support, often child support contempt motions are part of the norm. As a Jacksonville child support attorney and family attorney, I have found that frustrations regarding child support are present on both sides. Parents that receive child support are often bothered when the paying parent fails to make child support payments. The parent required to pay child support is often frustrated when he or she can’t afford to make the payments. Child support contempt proceedings usually come up at some point in these situations.

The Issue if Non-Payment and What to Do About It

Failure to pay child support gets the receiving parent charged up. This often leads to motions for child support contempt. Once the motion for child support contempt has been filed and scheduled for a hearing, the filer has to prove two things at the hearing. First, he or she must prove that there is a valid order from the court requiring the other parent to pay. Next, he or she must prove that the other person has failed to pay as required in the child support order while having ability to pay. Ordinarily, these two things are easy to prove. The court’s records will, of course, contain proof that there is a valid child support order. Next, the child support payment history will show a lack of payment.