Visitation

May 9, 2020

WHAT SHOULD AN UNWED FATHER KNOW ABOUT OBTAINING CUSTODY?

Unwed fathers may believe that it is unlikely or impossible to gain custody of their child when they were never married to the child’s mother. Fathers with this attitude should think again, as the courts and society have realized that fathers can be every bit as responsible as mothers in rearing a child. The court system may still have a few vestiges of what was known as “The tender years doctrine”. Such is the idea that a young child should primarily be cared for by their mother. However, most judges today that I have encountered no longer display any indication that this philosophy still exists. The reality is that a caring father can be every bit as nurturing and responsible as a caring mother.

In Florida, paternity is established by filing an action in the Circuit Court. The action is known as a paternity action. The petition should be titled a Petition for Paternity and Related Relief or a similar name. There is no legal presumption for or against a father obtaining what used to be called primary custody. The court’s have changed from using the term custody to using the term timesharing. It is supposed to promote the idea of the children being shared between parents. I personally do not believe that much has changed because of the change in terminology. That said, the law has changed regarding child support in that the non primary residential parent (the parent that has minority timesharing) can now receive a reduction in child support if he or she has the child for at least 20 percent of the overnights. The prior rule required the non majority parent to exercise at least 40 percent of the overnights to get a reduction in child support.

In a paternity suit, a father attempting to obtain timesharing must request either shared parental responsibility or sole parental responsibility. Sole parental responsibility is exactly what it sounds like and so is shared parental responsibility. Even people with serious criminal histories frequently are awarded shared parental responsibility. Florida has enumerated the factors that it considers important and that a judge must take into account in deciding custody issues between parents. They can be found in Chapter 61 of the Florida Statutes. In short, they equate to the best interests of the child.

May 6, 2020

Is Adultery a Factor in a Florida Divorce?

by Neil Weinreb

Adultery can certainly be a factor in a divorce. However, adultery is only relevant for limited purposes. Florida is sometimes referred to as a no-fault divorce state. This only means that proving fault is not required to obtain a divorce. There are only two reasons that are acceptable in Florida to obtain a divorce. The most common reason is that the parties have irreconcilable differences. The other is that a spouse is mentally incompetent.

A Court can consider adultery from either spouse, as well as the circumstances involved in making a determination concerning alimony. A considerable amount of discretion is placed in a judge’s hands in determining if alimony should be paid and if so, how much should be paid. F.S. 61.13(3)(f).

Although technically, adultery is not a factor that the court considers in making custody (now know as timesharing) decisions, adultery can be a factor regarding custody issues. The Florida Statutes do allow the court to consider the moral fitness of a party in making a custody determination. F.S. 61.13(3)(f). If a parent can show the court that a parent’s adultery will affect the child, the trier of the fact can consider whether a party’s adultery impacts the best interest of the child or children. In the case Jacoby v. Jacoby, the court determined that the mere possibility of adultery having a negative impact regarding timesharing is not sufficient to make the adultery a consideration. Packard v. Packard, 697 So.2d 1292 (1^st DCA 1997). The important dynamic is whether a party’s adultery will have a direct effect on the welfare of a child. Dinkel v. Dinkel, 322 So.2d (Fla. 1975).

November 7, 2018

Alimony and Child Support In Florida

by David M. Goldman

That dreaded word in a divorce: Alimony. Alimony is determined by the court after looking at one party’s actual need versus one party’s ability to pay. After equitable distribution is determined, the court reviews what money is left over, if anything, and considers the parties’ circumstances to come up with a fair award. Some questions to answer:

Length of the marriage
Standard of living the parties are accustomed to

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 14, 2016

Emergency Pick Up Orders

by David M. Goldman

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.

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

June 2, 2015

Child Custody and Time Sharing Battles in Florida Divorces

by David M. Goldman

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?

Florida 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.