NoSmoking.jpgVictoria Anderson, now aged 9, has lived with her paternal great grandmother, Marilyn Anderson, in Dayton, Ohio since she was an infant. She has gotten “parenting time” during those years with both her mother and father. Ms. Anderson objected to Ms. Hill smoking around the child during her visits, and the Warren County court ordered all parties to protect the child from second hand smoke. The Ohio 12th district court of appeals has upheld the ruling, using judicial notice to conclude that second-hand smoke is dangerous to children. Taking judicial notice was unusual in this case, because neither of the parties presented proof in court, rather the court recognized an “avalanche of authoritative scientific studies” that show second-hand smoke poses a health danger to children. This decision could now apply to many Ohio children involved in child-custody or visitation cases.

Cases like this pit a parent’s right to smoke against a child’s right to breathe fresh air. But courts have typically decided these types of cases in the best interest of the child, rather than focusing on who has the right to do what. According to non-smokers’ rights group, Action on Smoking and Health, eighteen states have ruled that smoking near a child is a factor that should be taken into consideration when deciding custody.

Find out more about what the courts have to say about smoking and other hazards at Court bans mom from smoking near child.

Adoption.jpgAlex Sink is the chief financial officer of Florida, and considered the leading democratic candidate for governor of the state. She recently addressed 300 attendees at a gay rights group fundraising dinner, telling them that she believed homosexuals should be legally allowed to adopt children, as long as it is in the child’s best interest. She said that judges should determine what is in a child’s best interest on a case by case basis. Florida is currently the only state to explicitly ban homosexuals from adopting.

Ms. Sink’s opponent, Republican Bill McCollum, has said he would defend Florida’s ban on gay adoption. The debate comes at a time when a state appeals court is considering the case of a gay man in North Miami who wants to adopt his two foster children. The race between McCollum and Ms. Sink is considered close. Find out more about how gay issues are affecting the race at Sink backs adoption by gays, lesbians.

Any adoption will require legal pleadings, documents and proper notice. The adoption of a child is an important decision that should be handled with the services of a family law attorney to make sure procedures are followed correctly. If you are considering adoption, please contact our firm for expert legal support.

Custody.jpgAlaska governor and 2008 vice-presidential candidate Sarah Palin was forced to admit during her campaign that her fifteen-year-old daughter, Bristol, was pregnant. At the time the young girl and her teenage boyfriend, Levi Johnston, said they planned to marry. But they broke off their engagement earlier this year.

Now Johnston is pursuing legal action to obtain joint custody of the couple’s 10-month-old son, Tripp. He alleges that the Palin family is making it difficult for him to see his son. Sarah Palin is reportedly upset with Johnston for his upcoming appearance in Playgirl magazine. The two have had a publically strained relationship for some time. The Palin family attorney has stated publically that, according to the Palins, Johnston is always welcome to visit his son. You can read much more of the back and forth between Sarah Palin and her former potential son-in-law at Levi Johnston to Sue for Joint Custody of Son Tripp.

For unmarried or divorced parents in Florida, this case brings up some issues related to joint custody in Florida. Many Florida parents are seeking either joint custody or 50/50 rotating custody. The courts in North Florida do not really prefer this type of custody arrangement because some courts believe that the arrangement just isn’t practical for the children once they start school unless the parents live within a few miles of one another and demonstrate that they can operate as a real team. If you need help with a custody issue, please contact our firm for legal counsel.

Divorce.jpgTV cooking show host Mary Jo Eustace was not very well known until her husband, actor Dean McDermott, divorced her to marry heiress and famous Hollywood actress Tori Spelling in 2006. McDermott and Spelling met on the set of a lifetime movie they were working on together. Ms. Eustace has said she was taken by surprise when her divorce garnered major media attention.

Ms. Eustace has said that her divorce was a shocking surprise as well as very public and humiliating. One of the insults the newly married couple heaped on Ms. Eustace included offering to produce a reality show where Ms. Eustace looks for a new husband. Ms. Eustace declined, and instead is launching her own reality show, which will help women in midlife reinvent themselves after divorce. And she has written a book to tell the world about the pains of her divorce; the book is entitled Divorce Sucks: What to Do When Irreconcilable Differences, Lawyer Fees and Your Ex’s Hollywood Wife Make you Miserable.

In the book she talks about the divorce and her reaction to it, which has included getting over the betrayal of her husband and making more time for herself. You can read more about the new book at Life after divorce: Mary Jo Eustace enjoys her second act.

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Bert and Jesse Wood had been married for 36 years when they filed for divorce last year in Great Britain. The marriage was the second for both of them, and at the time of the decree of divorce they were both 98 years old – making them the oldest couple on record to divorce. They have not publically stated the reason for their divorce, and their children are not making comments to the press. Wood died shortly after the decree was issued, and Ms. Wood now lives in a nursing home.

In the next county over, Les Atwell and Sheila Walsh recently became the oldest newlyweds on record when they married at the ages of 94 and 87, respectively. Atwell and Ms. Walsh had been introduced four years earlier. Ms. Walsh was at first hesitant to even meet Atwell, due to his age, but she says that when they did meet it was love at first sight. The couple took a two week honeymoon cruise through the Mediterranean, visiting Athens, Rome, and Barcelona.

The stories about these two couples just show that it is never too late for divorce, and never too late to find love again. If you are considering divorce, please contact our firm for legal counsel.

Knife1.jpgAccording to Murrieta, Georgia Police Sargeant, Jon Flavin, police were called to respond to a fight taking place late one morning. When they arrived at the scene, they found a woman, bleeding from a cut near her right ear. She reportedly told police that she had been attacked with a knife by an acquaintance of hers, during a heated exchange over a child custody issue. Apparently there were children present during the fight. They allegedly witnessed the attack and were put in danger because of it. The suspect, Terri F. Scott, was not at the scene when police arrived. They found the woman at her home and arrested her sometime later. Ms. Scott has been charged with attempted murder and child endangerment, and is being held on $1 million bail. Find out more about the fight at Woman who knifed another woman during child custody exchange held on one million dollars bail.

Divorce and subsequent child custody battles can raise very heated emotions. While people sometimes feel that they can’t control their emotions, it is never appropriate to use violence. At the least it will harm that person’s case, and at the worst someone could be injured or killed and the attacker will be sent to prison instead of awarded custody.

If you going through a child custody battle, please contact our firm for expert, compassionate legal counsel.

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Australian actor Mel Gibson and his girlfriend, Russian musician Oksana Grigorieva, have welcomed a baby girl named Lucia into the world. While Lucia is Gibson’s eighth child, it is the couple’s first child together. Gibson has seven children with his former wife, Robyn Gibson. They divorced in April of this year after twenty-eight years of marriage. Gibson and Grigorieva met while filming “Edge of Reason.”

Gibson’s daughter was born in California, but if the child had been born in Florida, the new girlfriend would definitely need to file for a paternity action so that a judge could determine Mel to be the LEGAL father of the child and to have a support obligation for her. Until a judge signs an Order making Mel the legal father, the child would not be considered to be an heir at law to Mel Gibson. In sum, people who have babies out of wedlock in Florida need a paternity action even though they may be listed on the birth certificate. Until a Judge says that the father is the father, the child will not be legally recognized as the legal heir.

If you are unmarried and expecting a child, please contact our firm for family legal counsel.

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According to the Florida Department of Revenue, the bad economy is creating especially hard times for those paying child support. They report that the number of requests for modified child support payments has increased, mirroring the state’s rising unemployment rate. Escambia and Santa Rosa Counties (Florida) have already received 831 requests this year, compared to 648 in 2006. Requests haven’t been this high since Hurricane Ivan.

Many of the applicants are reporting that they can’t find work, or that the work they can find pays a lot less than their former employment. Others are giving up looking for work altogether, some living on food stamps welfare, while still others are going back to school to improve their chances for higher paying work. The court looks favorably on payers who seek out more education, because in the long term it will have a positive effect on the children. Unfortunately, while they are in school they usually have to lower their child support payments during that time.

Requests for lowered payments aren’t the only thing increasing along with the unemployment rate; uncollected child support is climbing as well. Almost $29 million has gone uncollected in Escambia and Santa Rosa counties this year, and there’s still one month to go before the end of the year. The number of disputes that lead to litigation are climbing as well, as people become more desperate.

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Clinical psychologist Judith Sills recently published a book entitled Getting Naked Again: Dating, Romance, Sex, and Love When You’ve been Divorced, Widowed, Dumped, or Distracted. She is determined to help women get back into dating after the end of a relationship. She addresses the fact that many women are uncertain about getting into dating and romance because it has been awhile since they were in that situation. She also discusses the difference between being widowed and being divorced, saying that divorce is usually accompanied by a lot of anger, and can feel like a public failure, even though the loss is just as real. She says that getting back into dating requires a new mindset that welcomes the possibility of a relationship and that women and men should both be prepared for changes in relationships with family and friends as they begin dating again.

Many people going through a divorce are filled with rage and sadness that makes them feel as though life is over for them. While divorce is difficult, it is not the end of the world – for many it is the beginning of a new and happier life. Getting back into the mix of things and dating after divorce can be the first step.

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

Divorce.jpg Kate Gosselin, mother of the eight children featured in the TLC reality show, “Jon & Kate Plus 8” has been going through a very public divorce from her husband, Jon Gosselin. On a recent episode of the show, she answered questions from viewers, including whether or not she feels she would like to marry again in the future. Her answer was “I don’t know, I really don’t want to be married again, but I don’t want to be alone. The alone-ness is really alone.”

Many people who go through a divorce feel the same way as Ms. Gosselin. Divorce is very hard emotionally for all parties. A divorce can feel very similar to the death of a loved one, and people need to allow themselves time to heal emotionally. But for many people, divorce is not the end but the beginning of their new, healthier life. And that may very well include a new romance.

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

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