Paternity

March 4, 2011

Kids living with Same-Sex Parents are All Right

Annette Benning and Julianne Moore play Nic and Jules, a married same-sex couple with teenage children, in the fairly recent movie, The Kids Are All Right.

This is a story of lesbian marriage, sperm-donor fatherhood, sex, red wine, and teen angst, when two teen-aged siblings track down their biological “donor dad”, Mark Ruffalo, who donated sperm to their lesbian mothers.

This movie shows the complications and problems that can ensue when a known or unknown donor unexpectedly re-enters into a family’s life.

February 16, 2011

Termination of Parental Rights in Florida

by David M. Goldman

Many parents who are frustrated with dealing with their ex-spouses or child’s other parent consider terminating the other parent’s rights. Parental termination is a legal process in which a parent’s legal rights are taken away. In the eyes of the court, that person ceases to be that child’s parent and has no more rights or responsibilities toward the child.

Termination of Parental rights in Florida is governed by Statute § 39.806. The Statute lays out the circumstances that are grounds for termination, which include:

Abandonment or Extreme Parental Disinterest,

February 15, 2011

Florida Child Support

by David M. Goldman

In a recent article posted on news-press.com, columnist Sam Cook inducts another man to the Deadbeat Dads Hall of Shame. The article titled, “Deadbeat dad easy to locate, loathe,” describes how Joseph K. Bocchino has evaded paying court ordered child support for the past 30 years.

A Jacksonville Child Support Lawyer has experiencing dealing with Deadbeat dads like Bocchino and is well aware of how to get the mothers and children the child support they are owed.

If you have been struggling with a Deadbeat dad and desperately need the child support you and your child are owed contact a Jacksonville Child Support Lawyer today.

February 11, 2011

Family Law Custody: Jacksonville FL.

by David M. Goldman

People often believe that mothers tend to be more nurturing and better caregiver’s than fathers and thus should be the preferred parent in a custody dispute. As a matter of fact, this is a legal concept, termed the Tender Years Doctrine.

The Tender Years Doctrine is a legal doctrine in child custody cases, which has existed in Family Law since the late 19th century. The doctrine presumes that during a child’s tender years (age thirteen and under), the custody of the child should be that of the mother’s.

However, in Florida this doctrine is no longer applicable. In its place, Florida follows the Best Interests of the Child standard. The Best Interest of the Child standard does not take into consideration a parent’s gender when determining custody.

To find out more about what Florida Courts consider when settling custody disputes or if you need help in a current custody dispute contact a Jacksonville Child Custody Attorney today.

February 2, 2011

Even Halle Berry Has To Follow The Law

by David M. Goldman

As a Jacksonville, family law lawyer, I find that most people do not know that when parties are not married and have a baby that the father is not legally considered to be the father until a Judge signs off on an order saying he’s the father. EVEN IF HE’S LISTED ON THE BIRTH CERTIFICATE! In Florida, if the parties are not married, just like Halle Berry and her ex beau, then the courts do not automatically assume that the man is the father. One party has to file a Petition For The Determination Of Paternity in Florida. Even Halle Berry had to cancel her film shoot to file a Petition For Paternity so that she and her child’s father can work out a livable solution concerning custody of their child. Without this legal document, Halle Berry’s ex has no legal rights to their child.

January 30, 2011

Family Law Custody: Orange Park FL

by David M. Goldman

Thumbnail image for padma.jpg In the past few days reports have surfaced that Padhma Lakshmi, the host of Bravo’s highly popular show Top Chef, is being sued for child custody by venture capitalist Adam Dell, the brother of Dell founder and billionaire Michael Dell.

It is being alleged that Mr. Dell, the father of one-year-old Krishna, only gets to see his child for a few hours a week.

Dell’s lawyer stated they had no choice to go to court because Lakshmi “refused to negotiate a reasonable co-parenting agreement.” Whereas, Lakshmi’s rep accused Dell of being “more interested in garnering media attention” than the welfare of their daughter.

January 29, 2011

Family Law and Custody

by David M. Goldman

When considering moving with a child to a location outside of Florida, or even more than 50 miles away from your current residence within the state, it is important that you go through the courts to ensure that the relocation is legal. Florida has extremely strict laws that govern child relocation. The laws focus on the best interests of the child and maintaining loving relationships between the child and both time-sharing parents.
If the other parent does not agree to your request for relocation and you don’t go through the required legal hoops you may end up in a long and stressful legal battle.
If you are wanting to relocate with your child I recommend speaking with a Jacksonville Beach Family Law Attorney that can help guide you through all the necessary legal hurdles.

January 28, 2011

Child Support and Divorce

by David M. Goldman

Child support is always a sensitive topic. I often deal with parents who want to know exactly where their child support money will be going. They want to control how the parent receiving the child support spends the money. Thus, it is important to know exactly what child support is meant to cover.

The term “child support” covers all the economic necessities of life required by a child. These necessities include, but are not limited to, food, clothing, shelter, education, medical care, and other day-to-day expenses.

According to the federal Child Support Enforcement Act, each state, including Florida has developed guidelines to calculate a range of child support to be paid, based on the parents’ respective incomes and expenses.

January 6, 2011

Florida’s Child Abduction Prevention Act

by David M. Goldman

As of Saturday, January 1, 2011, Florida’s Child Abduction Prevention Act became effective. The Act is designed to help those who fear a spouse, ex-spouse or family member will remove their child to a foreign state or country.

The Act provides the Florida courts the responsibility to assess risk factors associated with a potential parental child abduction and further allows for judges overseeing high-risk cases of potential abduction to issue court orders that will prevent a child’s abduction from occurring.

To learn more about this newly enacted law contact a Jacksonville Beach Child Custody Attorney today.

December 10, 2010

Divorce Rates On The Rise

by David M. Goldman

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.