Articles Posted in Visitation

The need for emergency pick up orders can be brought about for various reasons.  A couple of the most common reasons I’ve encountered in my practice as a Jacksonville family lawyer are appropriate to set the stage.  Families made up fathers, mothers, and children where the parents were never married are common.  When these families split, there are less issues to address than in an actual marriage, but the most important issue still remains– the children and how time will be split between the parents while continuing to raise them together.  Under Florida law, the mother is the natural guardian of a child born out of wedlock.  A father’s signature on a birth certificate creates a legal presumption that the father is, in fact, the father, but does not give automatic rights to the father for visitation.  Visitation rights, referred to as “time sharing” must be established by the court with a parenting plan approved by the court.

Emergency pick up orders are sometimes necessary.I have found that most couples split without going to the court and filing paternity actions so a parenting plan can be established.  They attempt to sort out visitation without family lawyers and without judges.  This can work, but there are issues that can become thorns for the parents.  Two common issues I encounter as a Jacksonville family lawyer are: (1) one parent refuses to send a child back after the child has been with the other for time sharing; and (2) one parent believes that the child is in some sort of danger while in the care of the other parent and wants the court to help reclaim possession of the child.  Of course, these issues can arise even when a parenting plan has already been put in place, but resolving the issues is easier when there is an established case and a parenting plan in effect.  Note that there are different variations of scenarios that include couples that were once married and couples that were never married; however, the general principles are the same. Continue reading

Child custody and time sharing battles in Florida divorces are always stressful situations for the people involved.  Jacksonville divorce lawyers and custody lawyers zealously represent clients who each want something different when it comes to custody or time sharing.  The judge hearing the case has to decide what is in the children’s best interest.  This is the standard that is always applied.  What the parties want, including the children, is not the controlling factor.  When the husband and wife are both fit parents and can provide a stable environment for children, difficult decisions have to be made.   So what factors will the judge consider in determining child custody and time sharing battles in Florida divorces?

man-woman-heart-5-1056041-mFlorida Statutes 61.13(3) lists several factors that judges can consider, but gives judges discretion to consider any facts that the judge deems relevant.  Click the link above to view the complete list and the full body of the statute.  Florida’s state policy is that each parent is afforded the chance to build a strong relationship with children.  The first factor on the list of things the judge is to consider is, “The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.”  In view of the State policy and the importance of having both parents actively in children’s lives to help produce healthy, emotionally balanced children, it is no coincidence that this factor is listed first.  Other factors include the future division of parental responsibility, the reasonable preference of the children, school and community records of children, moral fitness of parents, and more.

For help with child custody and time sharing issues, contact the Law Office of David M. Goldman, PLLC today at (904) 685-1200.  Initial consultations are free.  Our experienced Jacksonville divorce lawyers can help you understand your rights as a parent and coach you through a stressful divorce.  Our attorneys have years of litigation experience and are prepared to fight for you when needed, but are also skilled in assisting you with uncontested divorces or collaborative divorce.  Schedule a consultation today.

Can children choose what parent to live with after a divorce?  The short answer is probably “no”.  Most child custody lawyers would agree that custody and visitation are probably the most highly contested issues between people when relationships don’t work and the couple has had children.  Whether there is a genuine belief by a parent that children will be better off with him or her, or whether a parent is being spiteful when requesting majority timesharing, one argument that comes up is that the children prefer to live with one parent over the other.

Section 61.13, Florida Statutes states that a child’s reasonable preference about what parent to live with may be considered; however, the child’s choice will not control the court’s decision.  The court will weigh and relevant factors and decide what is in the child’s best interest.  A child’s desire to live with the “fun parent” won’t simply be taken at face value.  A child’s preference doesn’t always come into the equation, but when the preference is at issue, a child’s age, maturity level, and so on will be taken into account.  In practice, the child’s preference is likely to have little bearing on the court’s decision without there being more objective evidence that shows that the child’s preference is in line with the child’s best interest.  There are many things that come into play when the child’s best interest is being decided.  Typically, giving a child continuity and stability will be high on the priority list.  Things like whether one parent is likely to encourage a loving and nurturing relationship between the children and the other parent is important too.

For more information on child custody, visitation, divorce, and family law issues, called the experienced family lawyers at the Law Office of David M. Goldman, PLLC today at (904) 685-1200 for a free initial consultation.

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There are numerous reasons that spouses cite when filing for divorce. These reasons vary greatly. However no matter what the reason, in recent years a new trend has developed on when spouses actually file for divorce- and it is right after New Years Day.

The most common time of year for filing for divorce is the month of January, which is now nicknamed divorce month. In the month of January, the most popular day to file is January 2nd and January 3rd, which is right after the New Years’s Day holiday.

There are probably many reasons why divorce filings double during this period of time. Many spouses report wanting to stick it through the holidays because they feel it will be easier on the family and/or the children. Some couples believe that the togetherness and emphasis on family that comes with the holidays of Thanksgiving and Christmas will solve all of the preceding year’s problems. Sometimes the stress of the holidays makes an already declining marriage much worse.

Since the New Year’s Holiday seems to bring with it a period of reflection and review of the previous year, it may be the last reflection that a spouse needs in order to get them to file. No matter what the reason for the split is, divorce filings double in January. Statistics show that approximately 10 percent of couples don’t make it to their fifth wedding anniversary and roughly 25 percent divorce before they make it to their tenth wedding anniversary.
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Very often a client will tell me he or she wants the best possible outcome in a divorce case. He or she may want the other Parent to have diminished time with their child. Much of the time this parent thinks they are protecting their child from what they see to be a bad person. They have confused their failed relationship with this person with a failed parent, which is an entirely different thing. I take a different approach…is my client’s position a reasonable one that I can justify to the Judge? The one issue that must remain on a client’s mind is this: Will a third party (read the Judge) find my position reasonable?

I find this one of the most important and effective of tools to obtain good and fair results in the courtroom, even when I can’t achieve every single one of my client’s goals. Reasonableness speaks to credibility. It also assumes that possibility of some win-win, and enables the Court to feel it has achieved substantial justice. Judges don’t generally like giving one side everything they ask for, unless of course they are really displeased at the other side.

By staking out a position that the judge will find thoughtful and reasonsable, you may gain wiggle room in other areas that you deem to be more important. Winning in Family Court means everyone walks out a winner. And a very happy Judge.

During the holidays, the stress level for many Florida families inevitably goes up. With the much of Florida still stuck in the 2009 recession, unemployment still very high and the foreclosure rate in and around Jacksonville still at record levels, when family problems creep into the picture, stress can go through the roof. Add a separation or dissolution of marriage to the picture and the situation can seem unbearable.

Competing parents can make this unseeingly unbearable situation far worse by fighting over sharing time with their children. But a wise parent, with their eye on the long term will add perspective to their thought process. How do you add that perspective? By remembering two things. First, just because the holidays do not seem like a joyous time right now, does not mean that your children feel the same way. Find ways to hide this stress from your children. Don’t make them associate the holidays with economic and marital stress.

Second, instead of fighting with the competing parent, why not talk things through? Most parents don’t want their children to go through the stress of a divorce and when both parents share that attitude, the stress of sharing time with their children decreases with the level of cooperation.

topten.jpgJDSupra.com has posted an article titled, “Top Ten Ways to Make a Child Custody Exchange Go Smoothly.”

The article’s suggestions for making timesharing exchanges go smoothly are: (1) Follow your Parenting Plan, (2) Keep it Simple, (3) Arrive on Time, (4) Keep Everyone Updated, (5) Pick Up and Drop Off at School, (6) Neutral Locations for Exchanges, (7) When Exchanging at Home, be Respectful, (8) Communicate with Children, (9) Communicate with the Other Parent and (10) Change the Timesharing as Needed to Meet the Changing Needs of the Children.

As a Jacksonville Family Law Lawyer I recommend all parents that are splitting time with their children read this article. It is a nice refresher for parents as they start the new year.

Thumbnail image for Judge Adams.jpgA few days ago I wrote about the Texas Family Law Judge, William Adams, being caught on video beating his daughter. The video showed Judge Adams beating his then 16 year-old daughter, Hilary Adams with a belt. The video has caught the attention of news agencies across the country and has outrage the public at large.

Since the video has been released Judge Adams has been served with a restraining order that temporarily terminates his visitation with his younger daughter. Judge Adam’s, ex-wife, Hallie Adams is reported to fear that her daughter is not safe spending time with Judge Adams right now.

A hearing has been scheduled for November 21st to determine whether Judge Adam’s visitation with his younger daughter should continue to be denied or should be supervised by a third party.

parental alienation.jpgIn many of my Jacksonville divorce cases I run into the all to common problem of Parental Alienation Syndrome. ParentalAlienation.org defines Parental Alienation Syndrome (PAS) as “a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrination and the child’s own contributions to the vilification of the targeted parent.”

In my past Child Custody Cases in Jacksonville, I have unfortunately seen parents make degrading remarks about the other parent to the child, make false accusations to the Department of Children and Families (DCF) and refuse to comply with time-sharing agreements.

In cases where Parental Alienation is an issue the Court needs to be made aware of what exactly is occurring and the severity of the problem in order for the Court devise a remedy.

dress.jpgHiring a good Florida Family Law Attorney is one of the more important decisions you can make in your family law issue. A good attorney will use the most persuasive means to advocate your cause.

Sometimes, however, people overlook a very important aspect of persuasion: your attire. As the client, you want to give the court the best impression you can. This means you need to dress conservatively. The court may not say anything if you show up in jeans and a cut-off shirt; however, the court definitely does notice it. You want to make a good impression, so wear something you might wear to church or to a nice restaurant.

Most of all, you want to convey respect to the court. Look presentable. The court might not notice if you got a new haircut, but it will definitely notice if you just rolled out of bed. Being presentable to the court will help your Florida Family Law Attorney persuade the court to your side. Contact an attorney to discuss any family law issues you may have.

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