Newborn.jpgAmy 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 Baker so easily had the Kehoe’s guardianship rescinded.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.

Marriage.jpgAfter almost four years of marriage, Jana and Chris Rawlinson split up in April of 2009 and filed for divorce. Ms. Rawlinson is a gold medal winning hurdler, having won the 400m hurdles at the 2006 Melbourne Commonwealth Games. The couple have a three year old son, Cornelis.

But last month Ms. Rawlinson revealed in an interview with Woman’s Day magazine that she and her husband have reconciled. She said that after she learned that her soon to be ex-husband was seeing another woman, she begged him to give her a second chance. She said that seeing him with another woman made her realize that she may have lost her husband forever and that she did not want to lose him. After six weeks of pleading, Rawlinson finally decided to give his wife a second chance. They are now planning to remarry, but must wait until their divorce becomes final in early 2010.

Sometimes couples rush to divorce without making an attempt to save the marriage. In some cases, counselling and a trial separation can be the key to partners appreciating each other and rekindling the relationship. If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

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Florida law recognizes several types of alimony. Which type or types of alimony are awarded depends on the individual characteristics of the marriage. Some factors a judge may consider are adultery, the length of the marriage, and the employment prospects of both partners. In Florida, the alimony payments must be decided on before the court awards child support.

Temporary alimony: This type of alimony is awarded to maintain a person’s lifestyle while the divorce case is pending. As an example, a husband who worked and paid the household bills while his wife stayed home to raise the kids could be required to continue paying the bills until the divorce agreement is finalized.

Bridge-the-gap alimony: This type of alimony is designed to help one of the parties get back on their feet and start supporting themselves after the divorce. It is generally awarded for a period of two years.

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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.

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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.

Intrernet.jpgAround fourteen million Brits use Facebook and other social networking sites to keep up with old friends or make new ones. A group of British divorce lawyers are claiming that social networking sites like Facebook are tempting people to cheat on their spouses – and the website has been cited in 20% of recent divorce cases. According to the attorneys, people are being caught having inappropriate sexual chats with people who are not their spouse, and in the electronic age it is just too easy for their spouse to catch them at it. Flirty emails and messages have been reported, as well as evidence of actual affairs.

In one case a woman discovered that her husband was planning to divorce her when she read his public status update on Facebook. In another case, a woman divorced her husband after learning he was carrying on a virtual affair with a woman he met on Second Life, a virtual world where people are able to reinvent themselves.

Some software companies are cashing in on the trend by developing applications that let suspicious spouses spy on their partner’s online activities. Read more about how social networking can ruin a marriage at Facebook fuelling divorce, research claims.

Depressed.jpgMost people know that divorce is hard on the emotions and the finances, but not everyone is aware that it can negatively affect your health. Researchers from the University of Chicago and Johns Hopkins University have found that divorced people are 20% more likely to suffer from heart disease, diabetes, cancer and other chronic health conditions than those who are still married. The increase in disease may be attributed to stress; divorce is the second most stressful event a person can go through (the first is bereavement). Neglecting one’s health during the divorce may also be a culprit.

A recent article outlines some steps people can take to shore up their health during and after a divorce. Tips include reducing conflict, avoiding detrimental coping habits like drugs, alcohol and cigarettes, balancing work and home life, taking initiative to monitor your own health, taking charge of your finances, and reaching out to friends and family for support. They also recommend getting expert help from counselors and support groups. Read more tips on how to keep healthy during and after divorce at How divorce hurts your health.

If you are considering divorce, please contact our firm for expert family law counsel.

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A recent article in the Army Times compared the divorce rates of the four major service branches for the past year. Jacksonville, Florida and the North Florida area serve as bases to thousands of military couples and families. Unfortunately, like many others throughout the country, divorce rates involving Florida service members are quite high. At Wood, Atter & Wolf, we have represented a number of military spouses in issues including divorce, paternity, child support, child custody, and, in some cases, domestic violence.

While the Navy’s divorce rate decreased significantly and the Air Force’s rate remained about the same, both the Army and the Marines reported an increase in divorces among service members. Female soldiers suffered a divorce rate more than two times that of their male counterparts. The total number of divorces for all services combined was 27,312 out of nearly 800,000 married soldiers on active duty. This 3.6 annual divorce rate is a full percentage point above the rate measured in 2001, when the US started sending troops to Afghanistan.

The increasing rate is despite efforts by the military to help couples stay together. The military offers programs for struggling couples that focus on strengthening relationships and enriching family bonds. The programs are run by chaplains, mental health officials and family services agencies, and include retreats, counseling, workshops and other programs. A spokesman for the Veterans of Foreign Wars said that when you throw eight years of war and separation into a relationship it has a tremendous impact on the family. Read more of the statistics on military divorces at Military Divorces continue to increase.

NewYear.jpgThe holidays are supposed to be the happiest time of the year. But sometimes this joyous season can make people realize that they are not happy with their spouse. The holiday affect is presumed to be the culprit behind the fact that January is often the busiest month of the year for divorce attorneys. But what is it exactly that pushes marriages over the edge in December?

The coming New Year often brings a period of appraisal and reflection on one’s life. Those who have been struggling in a bad marriage may make a New Year’s resolution to give themselves a fresh start. There are also financial issues to be considered; there are tax advantages to finishing out the fiscal year with an unwanted spouse. It may also make it easier to sort out finances with all of the fresh information that becomes available at the start of tax season.

The stress of the holidays may also be to blame. Shopping, running up credit card bills and spending time with extended family can create additional stress on relationships. And of course there is always the office Christmas party, with alcohol increasing the chances for inappropriate behavior that may lead to infidelity.

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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.

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