Visitation

May 14, 2015

Child Custody: Can Child Choose Home After Divorce?

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.

December 31, 2013

THE NEW YEARS RESOLUTION OF DIVORCE: INSTEAD OF RESOLVING TO SHED POUNDS, MANY COUPLES OPTING TO SHED THEIR SPOUSE

by David M. Goldman

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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January 10, 2013

Series– How To Win Your Family Law Case By Keeping The Judge Happy: #1 Is My Position Reasonable?

by David M. Goldman

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.

December 18, 2012

Two Household Families and the Holidays: Create rise in divorce and custody disputes

by David M. Goldman

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.

January 12, 2012

How To Make Timesharing Exchanges Go Smoothly

by David M. Goldman

JDSupra.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.

November 15, 2011

What is a Restraining Order

by David M. Goldman

A 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.

November 1, 2011

What is Parental Alienation Syndrome?

by David M. Goldman

In 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.

September 24, 2011

What Should You Wear if You Have to go to Court?

by David M. Goldman

Hiring 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.

September 18, 2011

Can I Relocate With My Minor Child Without the Other Parent’s Permission?

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 Jacksonville Family Law Lawyer, I know what this Petition needs to entail and the process of filing it and arguing it (if necessary) before a Judge.

August 31, 2011

Can I Move Away Without the Other Parent’s Permission?

by David M. Goldman

Courts have one primary consideration when making decisions involving children, and that is the best interests of the child. There is no law that says that you may absolutely not move your children away from the other parent; however, the other parent can generally petition the court to prevent your move. If the other parent is not involved in the children’s life, he or she will not likely file this petition and you can hopefully move without any worries. Even if the other parent does file, the court will not likely side with a parent who has not made an effort to be part of the children’s life before the move.

However, if the other spouse is involved in the child’s life, or if the court has previously approved a parenting plan, you may have to seek the court’s approval before moving. This is where the court considers the interests of the child. For example, if you have primary custody and move because of a new job, the court may find that the children’s interests are best served by the move. As primary caretaker, your new job will benefit the children.

If you are thinking about moving but aren’t sure whether you need court approval, contact a Florida Family Law Attorney.