Visitation

August 17, 2011

What is a Parenting Plan?

A Parenting Plan is a document that governs the way divorcing parties relate to one another about the decisions made regarding their children. A Parenting Plan includes a time-sharing schedule that dictates when the parties’ children will be spending time with each parent, including overnights, weekends, holidays and summer breaks. Also included in a Parenting Plan is how often and the method of technologies that the parents will use to communicate with the children.

If a Parenting Plan can be developed and agreed to by the divorcing parents then it only needs the approval of the Court to become binding. However, if the divorcing parents cannot agree, the schedule will be established by the Court’s determination.

If you have questions regarding an upcoming divorce or a current parenting plan contact a knowledgable Jacksonville Divorce Attorney today.

July 27, 2011

How Can Grandparents Gain Custody Over Their Grandchildren?

by David M. Goldman

There are multiple reasons why it happens, but the fact is more and more grandparents are finding themselves having to take care of their grandkids. The problem is, however, grandparents often can’t get their grandchildren the services they need due to various legal complications. For example, grandparents don’t automatically have the ability to enroll the children into school or the doctor’s office. Without filing the right paperwork, grandparents can’t get the assistance they likely need to take proper care of their new responsibilities.

Obtaining the rights necessary to take care of grandchildren can be a frustrating, bureaucratic process and can usually takes around a month to complete. It’s important to contact a qualified attorney to help you through the process. If you are in the Jacksonville area, contact a Jacksonville Family Law Attorney.

July 25, 2011

Jacksonville Child Custody Lawyer: Modification of Timesharing Agreements

by David M. Goldman

As a Jacksonville Family Law Attorney, I am often asked whether a child timesharing order can be modified after a divorce. In short, yes, parents can change their timesharing agreement. However, if the parents disagree about the modification, the standard under Florida Law is often difficult to satisfy.

After a final decree establishing timesharing is filed with a court, parents may later agree to modify its terms. Although not required, it is advisable to obtain the court’s approval for the modification so that it may later be enforceable it needed. Generally, courts approve modification agreements unless it appears the modification is not in the best interests of the child.

If a parent wants to change an existing timesharing agreement and the other parent will not agree to the change, he or she must petition the court to modify it. Generally, a court will allow a modification if the parent asking for the change can show a “substantial change in circumstances.” Some examples include a geographic move or a change in lifestyle.

July 13, 2011

Child Custody in Florida Divorce Cases

by David M. Goldman

You’ve probably heard the concept of “joint custody” in divorce cases. You might think this means that parents share custody of their children equally, with each parent having custody time similar to equal to the other parent. There’s a problem with this idea, however: “joint custody” does not exist in Florida law.

Instead, Florida law has the concept of “shared parenting” — and even this is not exactly what it sounds like. In every divorce case involving children, a judge must issue two separate but similar-sounding orders: one is a “parental responsibility” order and the other is a “time-sharing schedule”. The time-sharing schedule is exactly that: a schedule of the times each parent will have custody over the child or children. A parental responsibility order, however, outlines the parents’ rights and responsibilities.

The differences can be confusing because, under Florida statutes, the parental responsibility order is included in a “parenting plan”. Under this plan, the judge can grant one of three different options: (1) sole parental responsibility, (2) shared parental responsibility, and (3) shared parental responsibility with ultimate responsibility to one parent.

June 9, 2011

Family Law and Divorce

by David M. Goldman

“Can I move out of state as primary parent of my child?” As a Jacksonville Family Law Attorney, I continually receive this question and just received it again in my email. I have also previously written a blog on it.

To briefly answer this question, a parent who has majority timesharing with their child(ren) may move out of state. However, there are a few hoops that need to be jumped first.

Specifically, Florida law requires parents who want to relocate with their children, thus moving more than fifty (50) miles away from the minority timesharing parent, to file with the court a Motion to Relocate. This Motion must be heard and granted by the Court prior to relocating.

June 1, 2011

Paternity In Florida: Why You Must Have A Judge’s Signature

by David M. Goldman

As a family law attorney in Florida, I often have cases where the parties are not married but they have a child in common. Many people have the false impression that simply because they are on the birth certificate that this acknowledges that they are the father. THIS IS NOT TRUE. Until a Judge signs an Order that orders that you are the father, then the child is not legally yours and will not inherit under your estate as an heir of yours if you pass away. As such, you have no legal rights to the child for timesharing, visitation or parental rights in Florida until a Judge determines that you do. Please contact a Jacksonville family law attorney for help in getting your parental rights established.

April 8, 2011

Florida Child Support Revisions: New Child Support Law In Florida As Of 2011

by David M. Goldman

As a Florida child support lawyer and a Florida child custody attorney, I deal with the percentages of overnights that a parent may spend with their child and how that effects Florida child support laws. The old law used to be that if a non majority time-sharing parent had 40% or more overnights with the child then the child support obligation for that parent would be reduced. Thus, this would lead to one parent fighting for more time with the child and the other parent fighting not to allow it. The true fight was over the money. Now, as of January 2011, the new Florida child support law states that if the non-majority time-sharing parent has 20% or more of the overnights with the child then that will qualify for an alternate child support calculation. The alternate child support calculation is called “Substantial Time Sharing”. Please contact a Florida child support attorney to correctly calculate the amount of support that the alternate support calculation may trigger.

April 6, 2011

Child Custody Issues

by David M. Goldman

As a Jacksonville Child Custody Attorney I often see cases where one party will do everything in their power to sabotage the other party. This is the worst thing a parent can do who is involved in a child custody battle. Not only can certain actions put that parent in a bad light in front of the Judge but it can also be detrimental to the child.

Therefore, when I begin a case, whether it be a divorce case or a paternity case, among other things I tell the parent the following:

• Do not make disparaging remarks regarding the other parent in the presence of the minor child.

April 2, 2011

Florida Divorce And Timesharing: Even Tiger Woods Has To Be Flexible

by David M. Goldman

As a divorce lawyer in Jacksonville, Florida, the hardest thing about divorce is attempting to provide each party time with the children. Setting up a Florida Parenting Plan in a divorce is tricky to provide the most convenient opportunity for each parent to spend quality time with the children. Even Tiger Woods has had to make adjustments in playing in golf tournaments since his Florida divorce. Tiger Woods has had to make concessions and sit out on some major tournaments because the tournaments have fallen on his weekend time with his children. Many people who are experiencing divorce in Florida need a Florida divorce attorney to help maximize the schedule for time-sharing with their children.

March 25, 2011

Child Support In Florida: New Rules With Timesharing In Florida

by David M. Goldman

As a Florida child support attorney and a Florida divorce attorney, I regularly keep up with new laws effecting my clients. As such, there is a new child support law in Florida that states if the non-majority time-sharing parent spends more than twenty percent (20%) of overnights with the child then the Florida child support is drastically cut. This is a change from the old 40% of overnights standard that was previously the law. A Jacksonville child support attorney can assist you in calculating the correct amount of child support owed to you or by you.