Child Custody

July 24, 2011

Grandmother Fights Registered Sex Offender for Custody of Three –Year- Old Girl

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During a heated custody battle, a Jacksonville judge granted custody of three year old Miranda Wilkerson to a registered sex offender over her grandmother. The mother of the girl, Trista Crews, died about a month after Miranda was born. At the time Miranda was conceived, Crews was married to registered sex offender Donald Coleman. His offense was impregnating Crews when she was 14 and he was 38.

During Crews’ pregnancy, Coleman had filed for a divorce. In his divorce petition, Coleman stated that Crews was pregnant with another man’s baby. However, despite the claim, Coleman is still Miranda’s legal father because he was still married to Crews at the time Miranda was born, which played a part in the judge’s ruling. Miranda’s grandmother, Rita Manning, who has since been the child’s caregiver said she only allowed her daughter to marry Coleman because they were expecting a baby.

Coleman’s motion for custody claimed that Manning was not allowing him to see Miranda. The motion also discussed Manning’s arrest record, which included a charge for contributing to the delinquency of a minor (which was later dropped), and a charge for child neglect when her daughter got pregnant by Coleman. According to court documents, Manning was sentenced to probation and Coleman was sentenced to register as a sex offender for the rest of his life.

July 23, 2011

Four Year Old Slips through the Cracks of DCF

By Erlinger Family Law

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The death of a four-year-old girl, Kristina Hepp has raised new questions about how cases handled by the Department of Children and Families (DCF) are handled. Kristina was born in July 2004 to her mother Elizabeth Hepp, 16-year-old, and immediately concerns were raised over the care of the child.

DCF contracted with Partnership for Strong Families (PSF), a private group, to manage Kristina’s case. Kristina was allowed to stay with her mom, but caseworkers visited routinely. Elizabeth was ordered to take parenting classes and have routine drug tests. In addition, she was ordered to disclose who the father of Kristina was. Paternity tests confirmed that Matthew Roland was the father.

Criminal background checks reveal that Roland, 22, had a criminal history that dated back to 2000, and included charges involving drugs, burglary, battery, and violation of probation. Records show that PSF was required to develop a case plan to help Roland parent Kristina. At that same time, Elizabeth’s attorney requested that her case be closed because she had successfully completed her case plan. Judge David Glant, who was assigned to the case, granted the request. However, DCF’s records indicate that Elizabeth’s case plan was not complete, and that Roland’s case plan was never adopted by the court.

July 19, 2011

Florida Child Custody and Time-Sharing Changes

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Florida child custody cases are decided in the best interest of the child. Florida law changed in 2007 to change custody to time-sharing and the court does require a time-sharing plan. However, there has been a presumption that time-sharing means that parents have 50/50 child visitation. In 2011, the Florida legislature made it clear, through new changes to the statute, that time-sharing is not to be presumed equal for the parents. Therefore, prior case law should now be ignored on that basis and the parents, in developing time-sharing plans, must keep the best interest of the child at the top of their goals, otherwise the court will enforce what it feels is in the child’s best interest.

July 15, 2011

Florida Divorce or Paternity Case May Require a Social Investigator

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

In a Florida case involving children, whether a divorce or paternity action, the court requires that the parents have a time-sharing plan and a parenting plan. A Florida parenting plan lays out parameters for the parents to follow while they try raising children in separate households. If the parents cannot agree on a parenting plan, the court may require them to participate in a Social Investigation as defined by Florida Statute 61.20.

July 14, 2011

In My Florida Divorce, Why Would I Need a Social Investigation?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Florida family law court requires that parties divorcing with children or going through a paternity case must establish a parenting plan. The parenting plan is designed to give parents parameters in raising children in separate homes. Often, parents cannot agree on a parenting plan, when that happens, the court may require the parents to attend a Social Investigation per Florida Statute 61.20.

July 13, 2011

Florida Parenting Coordinator Requirements in Your Florida Divorce or Florida Paternity Case

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

In a Florida divorce or paternity action, if time-sharing cannot be agreed upon by parents, then the Court may require, or the parties may agree, that a parenting coordinator may be helpful. A time-sharing plan must be established for visitation in Florida, so a parenting coordinator can assist parties in developing one, or can give recommendations to the Court for one. A parenting coordinator must remain neutral to the situation and must meet the statutory requirements in order to be used in a divorce or paternity case.

July 11, 2011

What is Time-Sharing in Florida?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Florida time-sharing is not just for condos anymore. In a Florida divorce, involving children, the court now looks at time-sharing plans to determine the visitation schedule. So, what is a time-sharing plan?

June 20, 2011

See Your Children During a Holiday After a Divorce Can Be Challenging

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Holiday Visitation can be challenging when going through a divorce and sometimes even after the divorce is over. Emotions are often heightened during a holiday so rational negotiations can be a challenge. If necessary, you may seek help from a third party such as a mediator or lawyer to reach an amicable resolution.

June 6, 2011

Florida Split Visitation (Timesharing) and Best Interest of the Child

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Child time-sharing plans (visitation plans) are applied differently throughout Florida. Some courts have taken the time-sharing law that replaced visitation in 2007, to mean that children should spend equal times with each parent. In Jacksonville and the northeast Florida region, the courts often try to steer away from a 50/50 time-sharing plan because it is not felt to be in the best interest of the children. However, many central and south Florida courts have interpreted the language to mean that the parents should have equal time. The Florida Supreme court rendered an opinion on the statute saying that the measure is still best interest of the children and the starting point is not intended to be a 50/50 visitation split. So, what if you have 50/50 time-sharing and as the kids grow older you realize that they are nor doing as well on such a schedule?

May 26, 2011

How Long Does It Take To Get Divorced In Florida?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

As a Jacksonville divorce lawyer, I am often asked how long a divorce will take. The time for a divorce is based on a number of factors including whether there issues involving children; marital assets; alimony; personal businesses; etc. In addition to the issues surrounding the divorce, the court also has a calendar that it uses in scheduling hearing dates and trials. No matter how quickly a divorce agreement can be reached, you are still at the mercy of the Judge’s calendar to go for a final hearing.