Child Custody

November 5, 2009

Miami, Florida – Gays Allowed to Adopt in Florida – For Now

In Florida, the courts in Miami overturned the ban on gay adoptions in August 2009. Judge Cindy S. Lederman wrote in her opinion that excluding gay couples defeats Florida’s mission to provide all children permanent families. The state has claimed that gays are more likely to suffer from psychological imbalances and substance abuse than heterosexual couples, although several well-respected organizations have said that gay parents do not negatively affect a child’s upbringing.

A statewide resolution must be determined by an appellate court before the ban is officially lifted. Florida is the only state to ban homosexuals from adopting children. A few other states prevent unmarried persons from adopting children, which effectively bans gays, who are not legally allowed to marry in those states. Mississippi allows single people to adopt, no matter what their sexual orientation, but prohibits same-sex partners from adopting jointly.

The state attorney general’s office has appealed the decision so the gay and lesbian community in Florida await the decision to see if they will have the “right” to adopt in Florida.

November 4, 2009

Temporary Divorce Orders Can Provide Immediate Relief

By Wood, Atter & Wolf, P.A.

Many clients need immediate help when they first start going through a divorce. The idea that a divorce can take many months to finalize is very upsetting for most people. But there are temporary motions that can be filed to address issues such as temporary child support, custody, possession and occupancy of the marital home and the like. Temporary orders are legally binding guidelines that both parties must follow until the divorce is finalized.

Some common items covered in a temporary divorce order include:

– An agreement not to use the other party’s credit or make a large purchase without advance written notice

November 2, 2009

Military Divorces Require Special Legal Expertise

By Wood, Atter & Wolf, P.A.

Military divorces are subject to certain laws that are not applicable to civilian divorces. As an example, those active in the military are entitled under federal legislation in some cases to delay a divorce or to take advantage of court-appointed counsel. Additionally, military pensions are subject to different rules than private retirement accounts or other types of pensions. Calculating alimony and child support is also affected by federal regulations, as is the location of the actual divorce proceedings.

As a Jacksonville, Florida law firm, Wood, Atter & Wolf, P.A., specializes in military divorces and is well prepared to deal with the unique issues that a military family has to deal with, such as child custody as a result of deployment as well as how to divide and calculate military pay and pension.

If you are an active service member who is considering divorce, please contact our firm for expert, compassionate legal counsel.

October 30, 2009

Co-parenting Helps Couples Ease the Impact of Divorce on Their Children

By Wood, Atter & Wolf, P.A.

For parents going through a divorce, keeping things civil can be difficult. Not keeping things civil can be difficult for the children involved. As divorcing parents are starting to look for alternatives to fighting over and in front of the kids, co-parenting classes are gaining in popularity. Co-parenting classes are designed to help parents deal with conflicts that come up about the kids after the couple has split. The classes can help parents deal with their anger and frustration in more positive ways, working together to solve issues before they became a fight.

Divorce is a hard time for children, and it is even harder if the parents are not getting along or not speaking to each other. Co-parenting teaches adults much better ways of coping with disagreements, which not only eases the burden on the children, but models positive interactions that they can use in their own lives.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

October 23, 2009

In a Divorce the Family Pet is Considered Property, Not Family Member

By Wood, Atter & Wolf, P.A.

Divorces are usually marked by battles over property and child custody issues. Deciding who gets to keep the family pet can add a whole new topic for couples to fight over. Who gets to keep the dog, cat or lizard is a topic that comes up frequently in divorce proceeding, and, like everything else, can be a difficult and emotional issue to deal with.

In Florida, as in most other states, pets are considered property – which means they are subject to ownership, not custody. That means that “joint custody” is not an option in Florida. Legally property can only be awarded to one party in the divorce. A pet acquired during the marriage is considered joint marital property, even if it was given as a gift from one spouse to the other.

Couples have much more flexibility in deciding what will happen to the pet if they come to an agreement outside of court. If the divorcing couple cannot agree between themselves who should keep the pet, the judge must award it as property. Judges will consider who spent the most time with the pet, who took the most care of it and who is more bonded with the animal when making a decision.

October 20, 2009

Couples Save Financial, Emotional Distress with “Collaborative Divorce”

By Wood, Atter & Wolf, P.A.

An emerging divorce method, using what is called a “collaborative process,” brings legal, financial and mental health professionals together to help encourage cooperation between the divorcing couple. The method is starting to gain momentum as the Florida Bar has drafted legislation to codify collaborative divorces into Florida state law. The Jacksonville Bar Association recently sponsored a seminar on the topic, which drew a large percentage of mental health professionals.

Currently, collaborative divorce is a voluntary process that is entered into when a couple signs a document stating that they will not take their divorce to court. Financial and mental health counseling is included as part of the process. An added benefit is that a collaborative divorce usually costs significantly less than litigation. It also allows families to structure financial details with more fluidity than is usually the case in traditional divorce proceedings. The process not only eases the divorce process for couples and their families, it also eases the case load on family court.

Any divorce method that cuts down on fighting and animosity is good for both the couple and their children. People who are under the stress of a divorce can only benefit from having a team of professionals help them work their way through all the details amicably.

October 20, 2009

Parenting Courses In Divorce In Florida

By Wood, Atter & Wolf, P.A.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In Jacksonville, Florida and in all counties in Florida, if children are an issue in a divorce case, the courts will require that the parents attend and complete a parenting course or divorce class. In Jacksonville, Florida, the class is called Children First In Divorce. The purpose of the class is to teach the parties how to put their emotional beliefs aside and to focus on helping the children get through this very difficult process. The Hope Haven Children’s Clinic offers the class to those located in the Fourth Judicial Circuit which encompasses Duval, Clay & Nassau Counties in Florida. All states require some form of children first in divorce. Please call our firm for advice on how to set up your class and on how to proceed with your divorce.

October 7, 2009

Shared Parental Responsibility in Florida: What Are My Rights?

By Wood, Atter & Wolf, P.A.

By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Time after time with my child custody cases in Jacksonville, Florida and the surrounding counties such as Nassau, St. Johns, Clay and Putnam, the parties will enter into a stipulation or an agreement where each will retain all rights as mother and all rights as father and share in the parenting responsibilities of the child or children. Shared parental responsibility means that each parent retains full rights to have a say or input in major decisions regarding the child’s life just as if the parents were still residing under the same roof. The question then becomes what qualifies as a major decision? Decisions such as will the child get braces, will the child get glasses, what religion will the child practice if any, to what school will the child go, how will the child be treated medically and by whom all fall under the major decision category. The gray areas appear regarding the child’s hairstyle, clothing, etc. It is a good rule of thumb when the parties share parental responsibility to attempt to include the other parent in as many decisions as possible that will have an extreme affect on the child. If you have any questions regarding a divorce, child custody, child support, alimony, or modification of a final judgment matter, please call our firm for advice and support.

September 8, 2009

How Can I Change Custody in Florida?

By Wood, Atter & Wolf, P.A.

By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

When there are young children involved in a dissolution action, the case usually has many post dissolution issues that arise as the children get older and new conflicts are created. One issue that continually appears is that the child decides the he/she would rather live with the other parent. To be able to bring a modification of a final judgment in a family law matter, the Courts require a substantial change in circumstances in order for a party to have the ability to bring the action. Many times the party attempting the modification relies on the fact that the child wants the change and that it is, therefore, in the child’s best interests. However, without having a substantial change in circumstances, the requested change in custody should fail. If the child wants the change and that desire is coupled by the fact that the child was too young to express a preference in the initial divorce proceeding, then that alone is considered a substantial change in circumstances. If you have questions regarding divorce or post divorce issues, please call me at 904-355-8888.

September 1, 2009

Paying Child Support After Termination of Parental Rights?: Florida Family Law

By Wood, Atter & Wolf, P.A.

Written By: Lenorae C. Atter, Family Law Attorney

latter@woodatter.com

Are you paying child support after your rights have been terminated? Child support, according to Florida law, is the right of a child with parents living in separate households. The child support obligation begins at the child’s birth if the parents are not married, even if paternity has not been established. Once paternity is established, the Court can go back two years, within the life of the child, for back child support.