Jacksonville Divorce Lawyer Blog

July 27, 2009

How To Find A Family Law Attorney in Florida? What To Look For.

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

The first thing I tell my clients when they come to me with an initial divorce is that in divorce, nobody wins. I mean, in the end, the marriage is broken, property is divided and time with the children is usually sacrificed by both parties. But there are things that you can do when experiencing divorce or after-divorce issues and the most important thing you can do is to get a GREAT family law attorney. The service that we provide to our clients is absolutely different from standard law firms. Immediately, the client can feel it. So many times I will have a potential client sitting in my office and they will tell me, “I’ve met with 3 other lawfirms and this firm is so different.” Its true. We look at our clients as colleagues. You know more about your case when you walk through my door & will serve as a more than valuable resource during our representation. We use a variety of communication methods to keep in real time touch with our clients and the most effective is through the use of text messaging. This communication avenue will give you access to your attorney at the touch of a button and will get the answers you need in a timely and less costly fashion. When time-sharing or custody is the main issue in the case, it is important to be able to talk to your attorney when your worries pop up. This is the only case to you and it is the most important case! Lawyer access and detailed attention to you is required. If you are experiencing a divorce, child support, child custody, alimony or post divorce problems then please call me and our firm. We perform a wide range of services for our clients from estate planning, medical malpractice, auto accidents, child-injury, franchising, business development to criminal law and family law. No matter what the issue, we are your one stop shop to help you and you will feel the difference!

July 25, 2009

Jacksonville Visitation and Family Law Attorney Featured in Florida Times Union

By Wood, Atter & Wolf, P.A.

In a Florida Times Union article this week, summer visitation/timesharing was a topic of the article, ” ‘Summer switch’ under way for divorced parents, kids“, which quoted our attorney, Lenorae C. Atter, on the ins and outs of summer timseharing.

The article focused on the changes for both the children and the parents during the summer months, when visitation alternates from weekends to six (6) week visitation/timesharing. Lenorae Atter added to the article her thoughts on the matter stating, “Atter did the summer switch herself as a child and said problems can arise when kids want to go to camp or other activities in the summer, which can lead parents to feel like “their time” is being infringed upon.” She went onto include that timesharing plans and parenting plans work to assist the parties in better communicating with each other and taking the children’s interests into consideration as they get older.

Timesharing and parenting plans have been in effect since October 1, 2008, and they are helping parents put the children’s needs first in the divorce. A great first step in the way we handle visitation in the future.

July 23, 2009

Who Gets the Dog in Divorce in Florida?

By Wood, Atter & Wolf, P.A.

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

Well, you’ve divided up your property, split the bank accounts, decided child custody or time-sharing and on the amout of child support to be paid but who gets the family dog or pet? Oftentimes this big little life is forgotten when dividing up the property in a dissolution and it turns out to be a really big deal in the end when deciding who will get the love of the family. There are no real statutes in Florida that deal directly with what to consider when deciding to whom the pet should go but it has always been my argument that the courts should use the best interests standard that is used in child custody/time sharing determinations. It is apparent that this little innocent life should be treated as any innocent life that can’t make decisions for itself. The party who can best provide for the little one and who has shown the most consideration for the animal’s best interests should be the party to get the animal at the end of the dissolution. But oftentimes, our furry little loved ones are treated as property and given an economic value in court. If the economic division of property is unequal, the courts may give our furry family member to a party to equalize the value of property distribution. Please think about this when you are in mediation and do not forget to discuss the furry members of your family and how they should be treated in the dissolution process. For more informaton on this issue, please call our firm for expert advice.

July 21, 2009

In Florida, the Department of Revenue Cannot Default Paternity

By Wood, Atter & Wolf, P.A.

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

So many times I will receive a call from a man who has had a child support order issued against him by a Florida Court where the Department of Revenue, on behalf of the State of Florida, has filed a paternity action against the suspected father and has failed to effectuate proper service on the suspected father. As such, the “father” is not aware of any pending action against him. Normally, the Department will attempt to “default” the father and have the court enter a child support order against him making him obligated for the support of the child without addressing any issues of time-sharing or parental responsibility. Recently, Florida’s First District Court of Appeal and the Second District Court of Appeal have ruled that a judgment of paternity cannot be entered as a default on an unadmitted and unproven allegation of paternity. There must be competent, substantial evience in support of the paternity allegation and that must be provided to the court. (Martowski v. DOR) & (Locklear v. Sampson). If you have had a child support obligation entered against you by the Department of Revenue without a hearing, please call our firm to represent you in this matter. We look forward to helping you.

July 20, 2009

Guardian and Stepparent Adoption: Florida Family Law

By Wood, Atter & Wolf, P.A.

Written By: Lenorae Atter, Jacksonville Family Law Attorney

latter@woodatter.com

Stepparent and Guardianship adoptions in Florida are a growing interest and as a Jacksonville family law attorney, I find the statute only gets the process so far. In handling the adoption, there are many different ways for issues to arise and it is helpful to have someone on your side to walk you through the process.

July 17, 2009

The Poor Economy, Divorce & Domestic Violence

By Wood, Atter & Wolf, P.A.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.,
wlonker@woodatter.com
In my family law practice in Jacksonville, Florida, I also practice criminal defense. I have seen an increase in the need for cross practicing in these areas with the poor economy and divorce as the issue of domestic violence is popping up more and more in my practice. Divorce is stressful enough in itself but when its coupled with a bad housing market and families facing foreclosure and unemployment, oftentimes, tempers blow. Of course, violence is never the answer and can only heighten the problems. Domestic Violence can lead to arrest, incarceration, loss of finances, probationary tasks such as batterers intervention programs and/or anger management programs. Some of these programs are 26 weeks and an expensive cost for attending. If things are getting to that level in your home or in the home of someone you know, help is out there. Please seek help at The Hubbard House if you live in Duval County or Quigley House if you live in Clay County, Florida. Our firm has a vast experience in handling domestic violence matters in both the family courts arena as well as defending those accused of domestic violence. Please call on us for advice and for the help you need at 904-355-8888.

July 15, 2009

The Internet While Going Through A Divorce in Florida: Friend or Foe?

By Wood, Atter & Wolf, P.A.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.

wlonker@woodatter.com

If you are going through a Divorce in Florida, I can tell you that you should live as though were standing at the foot of the cross! Especially if there are children involved and custody is at issue or time sharing is at issue in the case! In this age of social networking, character is easily spied upon. With sites like MySpace, Facebook, Twitter, etc., the internet is the common-man’s paparrazi, and the courts and the opposing spouse can discover all kinds of activities of the other spouse that may be relevant in a custody or time sharing dissolution proceeding. Every posting can be relevant in a court of law and can often be used against you. I have used this discovery method myself in several cases and have found the opposing spouse’s pictures posted on adult porn websites posed in precarious positions that did not bode well for that spouse in court. So, when you are going through a divorce, it is important to keep things in the privacy of your own home and off of the internet. Do not post comments regarding your spouse or the dissolution proceedings and certainly do not post pictures of yourself in precarious poses or engaging in morally questionable acts. These posts may just end up as an Exhibit in open court. Below is an article regarding social networking posts and using the sites responsibly. If you have a question about a dissolution matter including custody, child support, time sharing, alimony, equitable distribution, paternity, adoption or grandparent rights, please call our firm at 904-355-8888 for the help you need.

July 13, 2009

Fatherhood in Florida: What Are My Rights If I’m Not Married To The Mother?

By Wood, Atter & Wolf, P.A.

So often in my family law practice in Jacksonville, Florida, I receive calls from fathers who are not married to the child’s mother asking what their rights are in Florida. Many fathers are under the mistaken belief that just because they signed the birth certificate that they are considered to be the legal father of the child. There is a huge difference. The only effect that signing the birth certificate has for a father of a child is to acknowledge paternity. Until a Judge signs an Order directing that the father has parentage over the child, the child is not considered to be an heir of the father. It takes a Judicial Order to give an unmarried man parentage over a child. My firm can help obtain the necessary Orders required for parentage in a paternity/fatherhood issue. Please call us at 904-355-8888 to get the help you need.

July 8, 2009

Divorce and Grandparents: Florida Family Law

By Wood, Atter & Wolf, P.A.

Written By: Lenorae Atter, Florida Family Law Attorney

latter@woodatter.com

Going through a divorce in Jacksonville, Florida or its surrounding areas can raise questions involving visitation, child support, alimony, etc. However, what about grandparents and the impact of divorce on them? In Florida, grandparents are not given a statutory right or any other right to the grandchildren, except as decided by the parent(s).

July 6, 2009

Stability in a Divorcing World: Florida Divorce

By Wood, Atter & Wolf, P.A.

In Jacksonville, Florida family law, I deal with cases involving children, divorces, support, visitation and custody, and as d a person interested in my work, I find different information helpful. What is most interesting, however, is that there are so many different statistics we can view, pieces we can read on the effects of divorce, societal changes and how they are affected, and multiple other news and information outlets regarding this topic. However, it does not seem like most of the information provided is from firsthand experience and what a child may have witnessed in their broken home(s).
Recently, I was reading an article in the Washington Post on, the book “The Marriage- Go-Round” and how Americans have a higher rate of divorce than any other country in the world. Not only that, Florida has a higher divorce rate than mid-west or western states. The article discusses the whys and why nots and stability’s role in our lives. “If you already have a child and you’ve broken up with the other parent, slow down. Take your time bringing new people into your household.” Andrew J. Cherlin, a Johns Hopkins University sociologist.
The issues raised in the book and the article are all factors in considering a “Parenting Plan,” which is now a requirement in divorces involving children. It allows you to factor in the many difficult decisions you and your exspouse will be making through your child(ren)’s life. It’s important to consider factors in dealing with new relationships and introducing them into your lives. It also allows you to consider birthday, graduations, weddings, etc.