Child Custody

January 14, 2010

Understanding Prenuptial Agreements

Many people feel that asking for a prenuptial agreement is the end of romance. Others believe that prenuptial agreements are only for the rich. Neither of these statements is true. Prenuptial agreements are appropriate in a number of situations and should be seriously considered before entering into a marriage, which is a legal partnership. A prenuptial agreement is a signed contract that spells out exactly how a couple will handle different aspects of their marriage to include finances, real and personal property, alimony, and several other concerns that often arise throughout the marriage and possibly in a divorce. While this may not seem very romantic, it can be an empowering and positive experience. Probably for these reasons, more and more “average” couples are signing these agreements lately.

Some of the benefits of a “prenup” include facing financial details and discussing them openly, preserving inheritance or the financial well-being of children from a previous marriage, protecting business assets, spelling out financial expectations, and reducing battles over finances in the case of divorce. Of course, there are drawbacks as well; agreements can be set aside if they are found to be fraudulent, unfair or signed under duress. They can be perceived as not being romantic and can imply a lack of trust between partners.

If you are considering a prenuptial agreement, remember a few key points:

January 13, 2010

Chris Evert and Greg Norman’s Florida Divorce Finalized

By Erlinger Family Law

Tennis star Chris Evert and golfing legend Greg Norman were married for fifteen months before their marriage ended in divorce recently. A close family friend to Ms. Evert is now speaking to the media, saying that the marriage failed due to the stress Ms. Evert felt balancing her time between her husband and her three teenage sons from a previous marriage. The source reported that there was tension between the two over Norman’s extensive travel schedule and Ms. Evert’s desire to spend time with her children. During the marriage Ms. Evert did spend quite a bit of time travelling with Norman, but now says she regrets the decision, according to the friend.

Ms. Evert is now reportedly enjoying more time with her sons, Alex, Nicky and Colton, aged eighteen, fifteen and thirteen, respectively. Ms. Evert and Norman finalized their divorce in December of 2009 at the Monroe County Courthouse in Key West, Florida. Neither Ms. Evert nor Norman had any comment on the divorce.

Marriage is difficult, and competing loyalties between a new spouse and the children from a former marriage can add a layer of stress to a marriage that is hard to deal with. In this case, unfortunately the couple was not able to overcome their differences. Read more about the Florida divorce of Chris Evert and Greg Norman at Why Did Chris Evert and Greg Norman Divorce?

January 12, 2010

Judge Rules That Custody Battle over Sarah Palin’s Grandson will be Public Record

By Erlinger Family Law

Bristol Palin, the nineteen year old daughter of 2008 vice-presidential candidate Sarah Palin, went before a judge recently to ask that her child custody battle with former fiancé, Levi Johnston, be closed. She has filed for sole custody of her son, Tripp, saying that the child’s father is too immature to be a good parent. She argued that all of the media attention would be harmful to her son, and that our modern electronic communication systems would mean that he would be able to read stories about the battle once he is old enough.

For his part, Levi Johnston is asking for joint custody and has argued to keep the case public, saying that he fears the power Sarah Palin could have over the proceedings if they are kept secret. An Alaska judge ruled that Bristol Palin had no evidence that publicity would be harmful to the child, and that the records would remain open.

In Florida, the term joint custody is no longer used. The courts use parenting plans and time-sharing arrangements to govern the rights of parents to raise their children after a divorce. The new rules can be tricky. You should speak with a Jacksonville Divorce Attorney if you have questions regarding a divorce or custody issues. Walking into family court without an attorney is like performing surgery on yourself. It’s not a good idea! You should consult with a professional who knows the laws and can protect your rights.

January 8, 2010

Tiger Woods’ Marital Problems Bring Up Issues of Florida Rules Governing Premarital Agreements and Child Custody

By Erlinger Family Law

In the wake of nearly a dozen women claiming to have engaged in extra-marital affairs with golfer Tiger Woods, his wife, Elin Nordegren Woods has reportedly moved out of the couple’s mansion and moved back to Sweden, her home country. The couple does have a prenuptial agreement, but the contents of the agreements are not open to the public. The Woods’ prenuptial agreement is a premarital contract, and theirs will be governed by the Uniform Premarital Agreement Act of section 61.079 of the Florida Statutes. Their prenuptial agreement likely spells out how much alimony Ms. Woods is entitled to receive, if any, the distribution of property and other assets, and any other miscellaneous arrangements that were contemplated by the parties at the time they made the agreement . The right of a child to support may not be adversely affected by a premarital agreement. Premarital agreements, like other contracts, usually hold up in court as long as they are legally executed and do not contain unconscionable clauses. To create a premarital agreement that is legally sufficient to protect your interests you should seek the assistance and expertise of a licensed Florida Family Law attorney.

As for the children, Sam and Charlie, Florida has no presumption of marital custody, meaning that the father and the mother have an equal chance of gaining time-sharing depending on what is in the child’s best interest. Florida rules governing child custody changed substantially in 2008. The terms custody, custodial parent, non-custodial parent, visitation, primary residential parent, and secondary resident parent were eliminated from the statute. The disposition of children after a marriage is now determined by parenting plans and time-sharing schedules. These arrangements are governed by Florida Statutes chapter 61.

In light of the alleged extramarital indiscretions by Tiger Woods it is likely that Ms. Woods may have strong arguments for her to be the parent with more timesharing with the children and be entitled to receive substantial child support. In order for her to be able to move the children to Sweden with her she will have to petition the court and show why it is in the childrens’ best interests. Tiger would be entitled to object to moving the children so far from the marital home. Find out more details about the prenuptial agreement at

January 7, 2010

Grand Rapids, Michigan – Non-biological Surrogate Mother Takes Children Back

By Erlinger Family Law

Amy and Scott Kehoe were unable to have children of their own. So they went to great lengths to hand pick an egg donor, sperm donor, and surrogate for their future child. They then hired a Michigan IVF clinic to carry out the procedure. The couple paid for everything out of pocket. But a month after the surrogate gave birth to twins, Ethan and Bridget, the Kehoes were forced to turn the children back over to the surrogate mother, Laschell Baker, who changed her mind about turning over custody of the children when she found out that Ms. Kehoe was under treatment for a mental illness. Ms. Baker, who already has four children of her own with her husband Paul, said she couldn’t live the rest of her life worrying whether Ms. Kehoe’s illness would remain under control.

Surrogacy is largely unregulated, and is controlled mostly by fertility doctors. In some states, the parents must legally adopt the surrogate child, but it creates an interesting legal conundrum, as the parents must first create the baby, which is not genetically related to them, and then ask the courts to grant them custody after the child is born. In other states, the parents are allowed to place their own names on the birth certificate without any screening, if they obtain a pre-birth order allowing it.

If a dispute arises, the outcome varies widely from state to state. In Michigan, the state holds that surrogacy is contrary to public policy and that surrogacy contracts are not enforceable, which is how Ms. Baker so easily had the Kehoe’s guardianship rescinded. Find out more about this child custody case and others like it at Building a Baby, With Few Ground Rules.

January 6, 2010

In Florida, Divorce Often Means Children Spend Less Time with Father

By Erlinger Family Law

The strengthening Families Act of 2003 stated that thirty four percent of all American children live apart from their biological fathers. Forty percent of those children have not seen their fathers in over a year, and fifty percent of those children have never visited their father’s home. The US Census Bureau has reported that five out of six custodial parents are mothers, and that nearly forty percent of fathers have no access or visitation rights to their children.

Unfortunately, many parenting plans in Florida have restrictive visitation rules for the parent with less time-sharing, and do not promote shared parenting or the presence of a child’s father in his or her life after the divorce. Further, a national study revealed that nearly forty percent of custodial mothers admitted to interfering with the father’s visitation to punish him. About fifty percent of mothers reported that they saw no value in their child’s continued contact with the father. The result is the loss of a close relationship between the father and his child.

The fourth judicial circuit guidelines for time-sharing arrangements in the Jacksonville area are the model by which most time-sharing arrangements are designed. However, many times the parent with the most time-sharing takes matters into their own hands by not following the terms of the parenting plan and preventing the other parent from spending time with their child.

January 6, 2010

Jacksonville, Florida and other Military Parents Risk Losing Custody of Children When Deployed

By Erlinger Family Law

Single Florida parents who have custody of their child or children and serve in the military face unique challenges when it comes time to deploy overseas. Sometimes doing your military duty can mean losing custody of your children. An organization exists called Father and Families which has worked hard to pass legislation in dozens of states that could protect military parents’ custody rights.

As an example, US Army Lieutenant Colonel Vanessa Benson temporarily turned over custody of her son to her ex-husband while she was on active duty in Afghanistan. She returned home to an email from her ex-husband stating that he was not going to return her son, as agreed. Benson spent $12,000 in legal bills to get her son back.

In Florida, HB 435 is a law that helps military parents like Ms. Benson, regain custody of their children. The law states that if a temporary child custody order is made as a result of a parent being deployed, the previous custody orders in effect before the deployment must be reinstated on the parent’s return.

December 31, 2009

Florida Parental Relocation – What Florida Statute Applies?

By Erlinger Family Law

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In Florida, parents of children are required to comply with Section 61.13001, Florida Statutes when dealing with a parental relocation with a child. The Florida legislature and Courts recognize that a relocation of a child can be quite traumatic and life changing for both the parent and the child. It is important for parents to comply with the terms of this statute whether the relocation is agreed upon or contested. Parents should always consider the best interest of the child in making decisions including but not limited to relocation. You can read about the details of this statute at the Official Site for Florida Statutes – Section 61.13001, Florida Statutes. Reading this statute and complying with its terms can be quite confusing and stressful for many parents. As such, it is advisable to retain the services of a Jacksonville, Florida Child Custody Attorney in order to make sure that the statute is being complied with and that the best interests of the child are being met.

December 23, 2009

New Jersey Father (David Goldman) Waits to Find out If Son Will be Returned From Brazil

By Erlinger Family Law

David Goldman of New Jersey has been battling for nearly five years to have his son Sean returned to him from Brazil. The boy was taken to Brazil by his mother, Bruna Goldman, for a two week vacation in 2004; the two never returned. While in Brazil she divorced Goldman and married an influential Brazilian attorney, Joao Paulo Lins e Silva. Ms. Silva died in childbirth last year, leaving Sean to live with his step-father.

Earlier this year, both secretary of State Hillary Clinton and President Barack Obama became involved in the case, convincing Brazilian authorities to move the case to the federal courts. The federal court ruled that Goldman should be awarded custody of his child, but Sean’s Brazilian family has appealed the decision. Now it is up to Brazil’s Supreme Court. The case will hinge on whether the court finds that the Hague Treaty, which upholds Goldman’s parental rights, is legally enforceable under Brazil’s constitution. Brazil and the US are both signatories to the Hague Treaty. A US lawmaker has planned to introduce a bill that would impose trade sanctions against Brazil until they honor the treaty’s provisions for international child abductions. Find out more about this five year long international custody battle at Brazil custody battle hangs in balance.

Any child custody dispute requires the services of an experienced family law attorney. Please contact our firm for expert legal counsel.

December 16, 2009

St. Petersburg, Florida – Father (Paul Martikainen) Allegedly Abducts Son (Luke Finch) in Custody Battle

By Erlinger Family Law

According to authorities, Paul Martikainen kidnapped his three-year old son, Luke Finch, escaping in a sailboat. Cocoa Beach police have reported that witnesses saw the two get into a 32-foot Bristol sailboat at Salt Creek Marina in St. Petersburg, Florida. They said the boy did not seem scared. Acquaintances of the man are worried about both father and son, saying that Martikainen has no sailing experience. According to other boaters at the marina, it is impossible for one person to sail a boat and watch a child at the same time, even for an experienced boater.

Martikainen purchased the boat less than a month ago, saying that he was buying it for someone else, and was going to fix it up and then transport it to Arkansas; he appeared to be living in the boat while he was working on it. Martikainen had further drawn attention to himself around the marina by asking other boaters how to tie different types of sailing knots. Some of the other boaters encouraged him to take sailing lessons after he told them he was going to take the boat out after Thanksgiving.

Luke was reported missing during a supervised visit with his father. He apparently slipped away from the court-appointed supervisor while they were hanging out in a Cocoa park. The supervision was ordered because of earlier allegations that Martikainen was abusing the child. An Amber alert brought in tips that helped police track Martikainen’s vehicle to the marina. Authorities believe the abduction was planned, noting that Martikainen had painted the boat gray, both to cover identifying marks and to make it hard to spot in the ocean.