Child Custody

June 8, 2012

Halle Berry’s Move To France Not In the Best Interest of Her Child

American Actress and Model Halle Berry has been engaged in an emblazoned custody battle with her former boyfriend Gabriel Aubry. Berry has asked that their child, four year old Nahla, be permitted to leave with Berry to live in France. The Los Angeles Court must determine that the move is in the best interest of the child to permit it. The same standard is used here in Florida to permit a moving parent to relocate more than 50 miles away from the other parent.

Proving “best interest of the child” is not always an easy standard. It typically involves a weighing of the pros and cons of moving or staying. In Berry’s case, she argues that France has stronger protection for Nahla from the great amount of media attention she would otherwise get here in the states. This sounds like a good argument. Surely, a great amount of media attention and privacy invasion is bad for a child.

Mr. Aubry argues that the real reason for the move is Berry following her new fiance, Oliver Martinez, whom is a french film actor. He cites the fact that she has had two earlier failed marriages which is evidence that this marriage too, is likely to fail.

May 2, 2012

Martin Lawrence Files For Divorce.

by David M. Goldman

News outlets are reporting comedian turned actor, Martin Lawrence, has filed for divorce from his wife, Shamicka Lawrence. Although the parties have only been married since 2010 they were a couple for roughly 15 years prior to tying the knot. They have two daughters together Iyana 9 and Amara 11.

Lawrence reportedly filed for divorce last Wednesday, April 25th, in Los Angeles County Superior Court. The celeb is said to have cited irreconcilable differences in his petition. Not surprisingly the parties are believed to have a prenuptial agreement.

Have family law issues but live in the Ponte Vedra area? Contact a Ponte Vedra Divorce Attorney today for answers to your questions.

April 29, 2012

Parenting Plans in a Divorce Case

by David M. Goldman

In Jacksonville all divorces where there are minor children (under the age of 18 in most cases) require a “parenting plan.” This is also true in paternity cases.

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.

April 28, 2012

Child Abuse and Child Custody

by David M. Goldman

As an Orange Park Child Custody Attorney, I often see cases involving child abuse and child neglect. I run into these issues primarily in cases involving termination of parental rights or simply child custody disputes.

Florida defines abuse as “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.

When I run into cases involving allegations of child abuse I always tell my clients of the importance of reporting such abuse. Florida Statute § 39.201 defines when it is required to report child abuse, abandonment, or neglect.

April 26, 2012

Social Media and Divorce

by David M. Goldman

As a Ponte Vedra Beach Divorce Attorney I continuously come across the issue of social media and how it can and does play a part in divorces. I see social media play a role in nearly half of all of my cases. I have blogged on this topic on several occasions as well. Ten years ago this was not an issue, but now I advise all of my clients to be aware of what they put out there on the internet for everyone to see. This is because all to often pictures, status updates and videos are used against clients in trials. This is especially true in child custody battles.

Not surprisingly there have been numerous articles published on this topic. One of which can be found on The Huffington Post and is titled, “Don’t Let Social Media Sabotage Your Divorce.” The author of this article, Bari Zell Weinberger, Esq., lists three important steps that a divorcing party should take in order to avoid self sabotage. One, “Think before you post.” Don’t post any pictures or comments that you know could come back to haunt you as evidence at a trial. This should be quite apparent. Two, “Keep your social networking circles separate from your ex’s.” Keep your ex or soon to be ex off of your personal site. You don’t want your ex or soon to be ex to have the ability to gather any evidence that can be used against you. And finally, three, “Don’t reveal your location.” If you’re not where you are supposed to be do not announce to the internet world where you actually are at all times.

Should you live in the Ponte Vedra Beach area and are contemplating divorce contact a Ponte Vedra Beach Divorce Attorney today. A Ponte Vedra Beach Divorce Attorney can assist you with tailoring your personal social media sites to insure they cannot potentially harm your case.

April 20, 2012

Just Say No To Smoking!

by David M. Goldman

Recently, Melissa Etheridge’s custody battle with her former partner Tammy Lynn Michaels made the news after Ms. Michaels requested significantly more money in child support payments. One of the details of the battle that emerged was Ms. Michaels’ smoking habit, and the allegation that one of the children was evidently burned by a cigarette (presumably on accident).

Nevertheless, the case brings up an important point about smoking and family courts: gone are the days when smoking was common and accepted. Family law courts increasingly scrutinize parents who smoke and expose their children to second-hand smoke.

In fact, courts often issue orders specifically requiring parents not smoke around their children, nor can the parents let anyone else smoke around the children. In extreme cases, judges have ordered that the parent not smoke for a full day in the house or car prior to the child’s arrival. One Georgia woman even saw her custody revoked after the child developed asthma due to her smoking. The court claimed it was evidence that she did not care enough about the child to continue custody.

April 18, 2012

Can I Take My Child Out Of State Without The Other Parent’s Consent?

by David M. Goldman

Florida Statute 61.13001 governs this issue of parental relocation with a minor child. The Statute defines Relocation as, “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.”

The Statute further states, in so many words, unless an agreement has been entered between the parents as to the relocation the parent desiring to relocate must file a Petition to Relocate with the Court and serve the same upon the other parent.

As a Ponte Vedra Child Custody Lawyer, I know what this Petition needs to entail and the process of filing it and arguing it (if necessary) before a Judge.

April 17, 2012

Anchorman 2 Ron Burgundy Custody Boogaloo

by David M. Goldman

As a Jacksonville Child Custody Attorney, it is rare that I see a custody battle that has a lighthearted feel. However, the first ever funny child custody dispute may be in the works. How could that possibly be? Well, comedian Will Farrell recently announced the sequel to the classic Anchorman flick. And, it is rumored that the movie may feature Ron Burgendy facing off against Veronica Corningstone (played by Christina Applegate) for custody of their child.

Adam McKay is co-writing the movie with Farrell, and suggested in a recent interview a few plot topics. McKay may not be a familiar face, but you may remember him from the viral video “The Landlord,” which featured Will Ferrell facing off against his toddler landlord, played by McKay’s daughter, Pearl. During his interview, McKay claimed he did not want to give away too much information, and stated vaguely that the story may involve a custody battle in addition to what he referred to as “bowling for dollars.” It’s unclear what that one means.

All levity aside, amusing child custody battles exist only in the world of Hollywood comedy. In reality, child custody issues hopefully never reach the “battle” stage, as you and the other parent of your child will ideally reach a mutual agreement with primary focus on the benefit of your child. Even this stage, however, can be overwhelming. It’s good to seek help, and a Jacksonville Child Custody Attorney can help you with the process. But don’t forget to rely on your other support networks, too. Your friends and family will be crucial during this time, and you need to cool off every once in a while in order to keep a level head. A reasonable attitude and a sense of humor can go a long way in any negotiation, and child custody is no different.

April 15, 2012

Considerations for Child Custody Concerns in Florida

by David M. Goldman

Divorces themselves are obviously messy situations, but a divorce can become infinitely more difficult when a minor child is involved. You want to see your kids all of the time, but so does your former spouse. Hopefully you and the other parent of your child can work out an arrangement agreeable to the both of you. Unfortunately, it is not always so easy. If you cannot work out an arrangement, the court will likely step in. A Jacksonville Beach Divorce Attorney in Jacksonville Beach can help, but here are some other steps you should take that can help obtain a more favorable ruling.

Be Civil. In front of your children, with your friends, and just in general, do not talk poorly about your spouse. Remember that your friends are often your spouse’s friends, too, or they have other mutual friends, and so on. Word gets around; offensive statements often get back to the other spouse. The court may view this as a petty attempt to isolate the other parent. This doesn’t look good for your character. More importantly, don’t talk bad directly to your former spouse, especially if the children are around. The other spouse may claim you are abusive, even if you aren’t — courts take these claims very seriously.

Communicate. Don’t take your kids for a 6-day trip to Disney without first at least informing the other parent. Similarly, allow your kids to communicate with their other parent while they’re with you. It’s tougher to prevent communication these days with the popularity of cell phones and the like, so this may not be an issue. But remember: your kids are going through a tough transition right now, too. If you’re frustrated by their behavior, talk with them. Further, to help with their transition, don’t move in with a new significant other if you have one. Doing this sends difficult messages to the kids, and may prejudice the court against you in any custody proceedings.

April 12, 2012

Florida Uncontested Divorce

by David M. Goldman

Many couples considering divorce are concerned that beginning divorce proceedings will mean that they have to put their lives on hold while their lawyers drag them through months of court battles, legal struggles and attorney fees. Not all divorces have to proceed this way. Many couples considering divorce are exploring the concept of uncontested divorce. Uncontested divorce is a fresh approach to divorce, one without the strain and discord normally associated with a traditional divorce.

In an uncontested divorce an attorney will draft a Marital Settlement Agreement, which identifies and addresses all issues between the divorcing parties including division of their mutual debts, properties, definitions of alimony, etc. Both parties consent to and sign the document which will be filed with the court. The Court adopts the agreement and enters it as part of the Court’s divorce decree of Dissolution of Marriage.

If you are considering a St. Augustine Divorce, it may be in your best interest to enlist the guidance of an attorney. An experienced St. Augustine Divorce Attorney can prepare and help you and your spouse carry out an uncontested divorce that is simple and affordable. If you think an uncontested divorce may be right for you, contact a St. Augustine Divorce Attorney today for a complimentary consultation to discuss your options.