Articles Posted in Visitation

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However, in Florida this doctrine is no longer applicable.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.

Thumbnail image for padma.jpgIn 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.

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.

1316306_christmas_tree_decoration.jpgIn my position as a Jacksonville Family Law Attorney, I see the holidays as being a tough time for families contemplating divorce. In my experience, people will wait to file for divorce in Jacksonville until after Christmas as they usually have unrealistic expectations for the relationship during the holidays. A Jacksonville Divorce Lawyer can help couples in crisis in dividing the holiday time with the children in an agreeable and workable manner and can help reduce the stress associated with a damaged relationship during the holiday time period. These are issues I deal with in my practice as a Florida Divorce Attorney and often on a last minute basis during the holidays. To help you create a holiday schedule to keep the stress of divorce and the holidays low, contact a Florida Divorce Lawyer to help you so the holidays can be Merry and Bright for you.

Jacksonville Divorce Lawyer Parenting Agreement.pngIn Jacksonville all divorces where there are minor children (under the age of 18 in most cases) require a “parenting plan.”

In a Jacksonville Divorce, a parenting plan is created to establish the roles of each parent in regards to important decisions about a child’s education, health care, physical, social, and emotional well-being and must include:

  • A description of who will be responsible for health care, school-related matters, and other activities.

Every Jacksonville Child Custody Attorney and every Florida Divorce Lawyer can tell you that child custody and visitation are big battles. The amount of time a parent spends with the children can effect the child support obligation so custody and visitation are important to child support. Please contact a Jacksonville Child Support Lawyer or Jacksonville Child Custody Attorney to discuss how child support can be effected by how much time you get to spend with your children. Call me at 904-685-1200.

As a Jacksonville custody lawyer, the new law Effective October 1, 2008, changed visitation and custody of the children. The goal of the new parenting plan statute is to isolate the children from the divorce proceedings as much as possible and to emphasize drafting a plan to help parents in divorce meet the child’s needs. As such, you may be entitled to more time-sharing or visitation or custody of your children than you realize. There are several factors the courts considered when parents are divorcing and custody and children are at issue.

There are certain things that MUST be contained in a parenting plan. Please contact a Florida or Jacksonville, FL custody lawyer or call me at 904-685-1200 to answer any questions you may have regarding the drafting of a parenting plan and what to include.

As an experienced Jacksonville, Florida divorce attorney, I feel it’s the divorce lawyer’s responsibility to provide a workable solution for the divorce in Florida especially if there are children involved. Although nasty Florida divorce cases are common, the areas of custody and visitation or time-sharing are the top highly contested disputes, followed by spousal support and division of retirement accounts in Florida. Your Jacksonville divorce lawyer must be experienced enough to counsel you through the proceeding and to protect your interests from the initial client consultation through mediation to the final hearing. Its important to find a Jacksonville divorce attorney who doesn’t create roadblocks to settlement. Once the boxing gloves come off and people start to heal, a workable agreement should be able to be reached for both parties ultimate best benefit. Call me at 904-685-1200 if you need an experienced Florida divorce attorney to help you through this difficult and emotional process.

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