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On Father’s Day weekend, Governor Sanford was not celebrating with his son, but with his mistress. In Florida divorces, while we recognize adultery as having an impact, we do still recognize “no fault divorce”. However, if Florida allows the affair to be acknowledged monetarily what about the consequences with children and visitation/timesharing?
Governor Sanford told his family that he needed a to the Appalachian Trail, but with four sons, the question still warrants whether the children were impacted by an absentee father for a national recognition of the same. Then, to add insult to injury for the children, it came out that Governor Sanford was no where near the Appalachian Trail, he was thousands of miles away visiting his mistress.
While we look to his wife for her response, the children remain the silent victims. I would have to assume, that even a no-fault divorce state, the emotional impact of Governor Sanford’s actions will actually play a role in the overall determination of who the children live with and how liberal Mark Sanford’s visitation will be.

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1195577_us-1.jpgWHO IS MICHAEL JACKSON’S BABIES’ MAMA??? In fact, who is Michael Jackson’s babies’ father??? News reports have surfaced that neither Debbie Rowe nor Michael Jackson are the biological parents of the three Jackson children. Thus the question arises: Who Will Get Custody of These Children? News reports are stating that Debbie Rowe served as a surrogate mother to the children meaning that her egg was not used in the fertilization of the children nor was Michael Jackson’s sperm. Reports are that the children were conceived in vitro using donor eggs and donor sperm. Legally speaking, this really should not make much difference in terms of custody of the children as the children are considered heirs at law of Michael Jackson and his mother will probably be the most likely candidate to gain custody and control of the children and their interests. What this news does do is eliminate Debbie Rowe as a possible candidate for custody of the kids as she served only as an incubation chamber and has no real biological ties to the children. If you or your loved one has a question about custody, paternity, child support or any other issue in Duval, Clay, Nassau or St. Johns Counties, please contact our firm at 904-355-8888 for help in addressing these important complex matters.

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Florida’s visitation is now timesharing and residential parent is now majority timesharing parent. As a Florida family law attorney I have focused on the parents and children going through this change, but it was brought to my attention that change in visitation and custodial parents is actually having an impact on the Florida schools.
I practice primarily in Jacksonville, Orange Park, Fernandina and St. Augustine, but an article in the Bradenton Herald caught my attention. The article, entitled “Schools Custody Policy Proposed: Custodial Parent Is No Longer Decision Maker In Schools” deals with the impact the new legislation has had on the schools determining which parent is the “go to” parent on school issues. Historically, a family would go through a divorce and the mother or father was determined the “Primary Custodial Parent”. In today’s world of timesharing, things have changed and the language needs to be tightened up to make things easier. The legislature did create “Parenting Plans” to help in this transition and determine the roles of the parents.
While the article states that timesharing is designed to give both parents 50/50 split, that is actually not true. Timesharing is a way for the parents to feel as if they both get the child and that one parent is not more important or greater than the other. The courts, at least in Jacksonville, still frown at the concept of children not having a stable environment.

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Getting an annulment in Jacksonville, Florida is possible if the marriage is void or voidable. A void marriage is one that is not legal, from the very beginning. For instance, if you are still married to someone else, then your new marriage is void. However, what happens when the “void” becomes “voidable?”

The scenario would be one where the original marriage was illegal or void at the time the “I dos” were said and then became legal along the way. This scenario would possibly unfold in a situation as follows:

Ann was married to Bob. Ann believed to have divorced Bob. Ann then marries Carl. During the marriage to Carl, Ann learns that the divorce to Bob was never finalized. Then Ann’s marriage to Carl is void. However, if during Ann’s marriage to Carl, Bob dies, then Ann’s marriage to Bob is over and the marriage between Ann and Carl is now voidable on the basis that at the time of the marriage, Ann was still married to Bob.

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Many times in my family law practice in Jacksonville, Florida, I have men who think that they have no rights when it comes to their children in divorce cases, child custody cases or paternity cases. In Florida, 33% of children are born to men and women who are unmarried at the time of the child’s birth. Florida gives fathers rights and has certainly been recognizing more and more the importance of fathers in the lives of children. Before a man can have any rights to a child, however, he must first be determined, by a court of law with a judicial order signed by a Judge, to be the father. The fathers name on a mere birth certificate will not suffice to give the child and father a legal bond and heir at law status. To accomplish this, if the parties are unmarried at the time the child is born, one party must file a Petition For The Determination of Paternity. I always tell my clients, whether my client is the mother or the father of the child, that with obligation (such as child support) comes rights (such as visitation and parental responsibility). Here is a helpful site regarding resources for fathers to provide some useful information regarding their rights. If you or someone you know needs help in determining any parental issues such as child support, child custody, visitation, paternity, or any other matter, please call our firm at 904-355-8888 for help.

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Written By: Lenorae C. Atter

As a family law attorney in Jacksonville, Florida, I handle a number of different divorce cases. The issues are always different because individuals and their assets, debts, businesses, incomes and matters related to their children are always different. One thing I have noticed is the surprise of my clients when they discover a business that was started during the marriage is actually a marital asset or liability, depending on the company’s solvency.

In order to define the asset/liability, it is important to recognize what the business is and if the business is solely dependent on the spouse(s) work. A business valuation is typically a good idea, so that an outside, neutral party can determine the actual value of the property.

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In a Jacksonville, Florida divorce, just the entry of the, “parties are returned to the status of being single” does not bar a claim for child support, division of assets and liabilities and all other related issues. Basically, it is a tool often used so that the parties can declare themselves divorce, but the proceedings continue the path they were on.
The difficulty is, when one party sees this, it may cause panic, tears, concern and frustration. Actually going about the process correctly takes finesse, patience and understanding for the other party. Explain to them that they are not stopped from getting matters resolved, but simply taking care of one issue, the actual marriage that still holds them as “husband and wife.”
When going through such a process, make certain that you have certain things in place like a provision that the Final Judgment does not preclude further action. However, in regards to child support, Florida law makes it clear that you cannot actually negotiate away your right or responsibility to child support.

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Last week in Jacksonville, Florida, the Florida Times Union ran a story regarding a breakthrough in Grandparent Adoption. For the last four years, since their parents’ deaths, two children have been at the center of a legal battle with both sets of grandparents at the helm. last week there was a major change in Grandparent Adoption in Florida.

The landmark decision by the Florida Supreme Court was that the maternal grandfather, George Smith and his wife, Brenda could adopt the children. George and his wife, Brenda petitioned to adopt the children approximately one month after the children’s father, Eduardo Silvils, died in a car accident. The children’s mother had previously died, leaving the children without a parent.

Silvils’ parents, who were not named in court documents, soutght guardianship of the children instead of adoption. The guardianship was designed to provide the children with a home and family to take care of them. The Silvils’ believed it to the best for all parties because both sets of grandparents would have the opportunity to see the grandchildren, while an adoption could bar them from contact with their grandchildren.

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In Jacksonville, FL and Duval County and the surrounding counties of Clay, Nassau & St. Johns Counties, the filing fee for a divorce is about $408.00. However, the Florida House & Senate are looking for ways to decrease the deficit by proposing to raise the filing fees for a divorce to $1,000.00 for couples with assets valued at $50,000-$250,000 and to $2,000.00 for couples with assets over $250,000.00! At this rate, nobody will be able to afford to file for divorce. This means that even people who choose to proceed without a lawyer in a divorce case will have to pay the clerk of court one to two thousand dollars just to file the Petition For Dissolution at the courthouse. If you have questions about the divorce process or child support, child custody, alimony, division of assets or liabilities, please call our firm at 904-355-8888 for help.

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Lately I have been getting a lot of clients who are having trouble with one of two problems: 1. they are owed child support and can’t collect it or 2. they are paying child support at an exorbitant exaggerated rate and cannot get credits for the overpayments. Oftentimes the Department of Revenue is not able to handle the number of cases they are receiving and sometimes mistakes are made. Here is an article about an Orlando woman who was having child support woes. http://www.orlandosentinel.com/news/local/orl-asecsupport041909apr19,0,6230693.story If you are having trouble collecting child support that is owed to you or if you are paying too much and are not getting credited properly, please call our firm for help.

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100 N Laura St #702
Jacksonville, FL 32202
Phone: (904) 355-8888 Fax: (904) 358-3061

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