Articles Tagged with jacksonville family lawyer

As a Jacksonville divorce attorney, I understand that attorney fees in divorce cases is an issue that comes up in every case. Whether each person will pay his or her own attorney fees, or whether the other side will be forced to contribute must be decided in every case. This can be done by agreement or a judge will decide.  Payment of attorney fees in divorces cases is primarily controlled by Florida Statute 61.16.   F.S. 61.16 in its simplest form bases attorney fees on one person’s need and the other person’s ability to pay. The court has the ability to assess fees on a temporary basis, at the end of the case, and even on to an appeal.

attorney feesThe purpose behind F.S. 61.16 in granting attorney fees in some situations, is to level the playing field. The courts would rather family law cases be resolved on the merits of the case rather than based on who has the most money to fight. There are circumstances where a court can order attorney fees based on other considerations that go past ability to pay. For example, the inequitable conduct doctrine can be used to punish an individual who as acted in bad faith throughout the case. Simply refusing to settle a case by itself cannot be considered egregious conduct or bad faith. In cases where one person purposefully frustrates the legal process throughout the case, or intentionally goes against a court’s prior ruling, the inequitable conduct doctrine can be used. Appellate courts have ruled that it should be reserved for the most egregious of cases.

Recently, in the case of Myrick v. Myrick, Florida’s Second District Court of Appeals reversed a judge’s ruling that granted nearly a six-figure attorney fee award to the former husband. The former wife refused to settle the case and apparently gave the former husband a hard time in certain aspects of the case. The second DCA stated that her conduct was not enough to justify the award of attorney fees.

In 2009, a 14 year old girl was raped in Massachusetts and became pregnant.  Her attacker, Jaime Melendez, pled guilty to rape charges and was sentenced to 16 years probation.  He was also brought into family court and ordered to pay $110 per week in child support, according to a paper published by the American Bar Association.  It was bad enough that the sentence was only 16 years probation.  Later, Melendez sued the victim in order to have visitation with the victim’s child since his parental rights were still intact.  Melendez felt that if he was going to pay child support, he should be allowed to spend time with the child.

parental rightsMany states have laws that restrict the rights of a father that produces children as a result of a sexual assault.  Of these states, nearly none terminate the rights of the rapist outright without the victim making some sort of effort.  Parental Rights termination is something that should be considered carefully, but this is probably an instance where termination of parental rights should be simple and easy to accomplish.

There is a list of things under Florida law that can result in termination of parental rights.  Chapter 39 authorizes the termination of parental rights if clear and convincing evidence shows that the child was conceived as a result of a sexual battery.  See F.S. 39.806.  According to Florida law, “[i]t is presumed that termination of parental rights is in the best interest of the child if the child was conceived as a result of the unlawful sexual battery.”  A conviction, or a guilty plea being entered, is enough proof to satisfy the statute.  Having to share parental rights with a person that violated you, only serves to continue the agony of the victim.  At the Law Office of David M. Goldman, PLLC, we have experienced Jacksonville family lawyers that can help you terminate the parental rights of your attacker, and help reclaim your peace of mind.

co-parentingMuch that happens in life depends on the attitude that we have about things. Co-parenting and raising children properly after divorce or a relationship with the other parent has ended is no exception.   Having the right attitude is key. I’ll share a brief example using my son.

My 15 year old is genuinely a good kid. He’s silly and acts very much like a teenager, but inexplicably woven into the fabric of who he is lies a level of maturity that is beyond his age.   My son loves football and plays running back. A few weeks ago, I don’t remember the reason why, but he missed practice twice during the week, including the last day of practice before the game on the following Saturday. As a result, the coach put him on the line to block rather than allowing him to play his normal position. Now, he was upset about it, but you would never have known by watching him block with all his might, which is what he did all game long. He played his part for the day, even though it wasn’t his normal position or one he was happy with. What mattered most to him was winning. He and his teammates still had a common goal, no matter what position he played that day.

The coach commended him after the game for having the heart that he does, and also explained why he did what he had done by putting my son on the offensive line. The following week, he was back to scoring touchdowns as running back. (His team won the championship in their division by the way.) Way too often parents lose sight of the overall goal—happy, healthy children. They are petty and resentful, and don’t work together to ensure the success of their children. As co-parents, you must see the other parent as a teammate. You cannot continue to hold grudges and view them as an enemy. Having that attitude will hinder the team’s performance and make winning nearly impossible.

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