March 7, 2012
Article By: William Dorsey
Contact Us With Your Divorce and Custody Law Questions.
Jacksonville Family Law Attorney Dispels Child Custody Myth:
As Jacksonville family law attorneys, we find that our clients often believe a pervasive myth regarding children’s age and choosing which parent they want to live with.
Have you fallen prey to this myth?
MYTH: At age 12 and older, children can determine which parent they wish to live with, during a contested Florida custody case.
TRUTH: Only at age 18 can an individual choose where or with whom he or she lives.
Weighing the Child’s Wishes
While the Florida courts do consider the child’s wishes, they are absolutely not determinative. The courts weigh many factors as required by law and the child’s expressed wishes are only one factor out of several.
However:
- The older and more mature the child, the more the courts weigh the child’s wishes.
- The more “reasonable” the child’s wishes, the more weight they have.
2 Tests the Florida Courts Uses when Awarding Custody
1. Best Interests of the Child
You’ve likely heard this phrase before:
The court considers “the best interests of the child,” when determining which parent the child lives with in a contested custody case.
“Best interests” means what the courts think it means, but the court does consider the following:
The established lifestyle of each parents, including, but not limited to
- The child’s exposure to second hand smoke.
- The parent’s work schedule and availability.
- The willingness of the parent to allow child to communicate with other parent.
- The parent’s living situation.
The established lifestyle of the child.
- The health (mental and physical) of each parent and the child.
- The age and gender of the child.
- Whether there is any history of child abuse.
- The established relationship with the child.
- The ability to nurture the child and provide guidance.
- The ability to provide for emotional and physical needs of the child.
- The quality of schools available.
- The child’s living situation preference.
If these factors make it clear which parent should be awarded custody, the court makes its decision accordingly.
2. Stability for the Child
If the above analysis doesn’t yield a clear answer, the courts use a “stability” consideration; and, the test is:
Which parent will provide the most stable environment?
- When determining the most stable environment for young children, the preference is for custody to remain with the primary caretaker.
- When determining the most stable environment for older children, the preference is for custody to be granted to the parent who can maintain the child’s established lifestyle (home, school, religious, and community factors.)
A Terminology Note: Timesharing (no More “Custody”)
While we use the term, “custody,” in this article because our clients do; however, Florida no longer uses the term “primary custody” anymore. The terms “majority timesharing” and “parental responsibility” are used instead. We point this out so that you better understand the current family law terminology and how it applies to your life.
William Dorsey Rel=Author Tag
Contact Us For Your Custody Consultation.
March 2, 2012
Dorsey Law Firm is committed to supporting all of those involved with the improvement of our community.
Each month we will be hi-lighting a local non profit, organization or business. We hope you enjoy getting to know a little bit more about these gems and feel free to share the information with your network. We’d also like to know of your suggestions of organizations you see doing good in our community.
There are tons of non-profit organizations in Jacksonville. One that we see very active in the community, creating events as well as spreading awareness and education is The Juvenile Diabetes Research Foundation (JDRF) North Florida.
The Juvenile Diabetes Research Foundation (JDRF) North Florida
The JDRF goal is “to ensure that scientists have the continued funding they need in order to progress research to a cure for type 1 diabetes and its complications, and to ensure that every newly diagnosed child / family living with type 1 has the resources they need to live a healthy, happy and controlled lifestyle.” They strive to reach their goals as well as build a supportive community in North Florida through a variety of programs and events.
Walk to Cure Diabetes
The 2012 Walk to Cure Diabetes on March 24 will be at the Jacksonville Fairgrounds. This year’s Walk theme is “The Greatest Walk on Earth”. Check out the Family Team Resources or Corporate Team Resources to learn how to get started, to fundraise for your team and to find more information on their t-shirt contest.
The Walk is designed to raise money for the JDRF as the mission of the Foundation to find a cure for type 1 diabetes and its complications through the support of research. There are so many ways to get involved. You can join a team and walk, you can create a team, sponsor the event with your business or just donate to a team. Find out more info at the JDRF Walk homepage.
Kids School Program
The Kids School Program brings parents, educators and students together to rally the support of area schools through their own Kids to Cure Diabetes program.
The program empowers and demonstrates to students that even as children, they can have an impact on others lives. A few of the options are for schools to conduct a school mini-walk, hold Mini-Fundraisers, or sell Paper Sneakers.
If you’d like to get your school involved in their Kids to Cure Diabetes program, please contact JDRF’s North Florida Chapter (904) 739-2101 email northflorida@jdrf.org
Volunteers
Volunteers are always needed and welcomed. Tasks are varied, but all are important as each task performed by a volunteer frees up staff time so they can do the important stuff like write grants, organize an event, write a letter to a donor or speak with a parent of a newly-diagnosed child. JDRF North Florida volunteers can help in the office or at events. If you’d like to learn more or get involved, call (904) 739-2101 or email northflorida@jdrf.org
You can keep up with JDRF by connecting on Twitter @JDRFNorthFlorida and on Facebook.
*This information has been provided by the organization itself, and is not an endorsement or constitute legal advice by the Dorsey Law Firm.
February 23, 2012
Dorsey Law Firm is committed to supporting all of those involved with the improvement of our community. Each month we will be highlighting a local non profit, organization or business. We hope you enjoy getting to know a little bit more about these gems and share the information with your network. We’d also like to know of your suggestions of organizations you see doing good in our community.
Make A Scene Downtown, MASD
Make A Scene Downtown, also known as MASD, is the City of Jacksonville’s office of Special Events. They focus on producing musical events, fireworks displays, parades and educational events of all sorts. One great thing is that a lot of these are low- or no-cost. Each year Jacksonville residents from kids to seniors, businesses and non-profits are involved in and benefit from MASD events. You may already be familiar with Starry Nights, Jacksonville Jazz Festival, World of Nations Celebration, Jacksonville Sea & Sky Spectacular, Florida-Georgia Football Classic, & many Metropolitan Park events just to name a few.
Make A Scene Downtown does put on fun events, but they also give Jacksonville an opportunity to participate. There are several ways you can get involved with MASD. You can become a volunteer at an event, sponsor an event through your business or become an intern.
Volunteering
Volunteering is great because you get a chance to be a part of something the whole city comes together for. Tasks range from working an an information booth, greeting people at entry areas, checking in people at VIP sections and even setting up. If you’d like to learn about these or other opportunities, email Brenda at brendah@coj.net or call 904-630-1306.
Get your business involved
If you’d like to get your business involved, there are sponsorship opportunities. There are various levels available. You may find an event that brings your target audience together all in one place, making it a valuable opportunity to have your business represented. If you’d like to learn more, contact their sponsorship coordinator Julie by email jlyons@coj.net or call (904) 630-3469.
Become a MASD Intern
For those of you more interested in planning upcoming events and are talented and enthusiastic, consider joining the MASD team as an intern. Interns looking for experience or course credit in Public Relations, Marketing, Event Management and Logistics should call (904) 630-3690 or email events@coj.net for more information.
To keep up with MASD events, check out their calendar of events. You can also follow them on Facebook, Twitter, Flikr, Foursquare and Youtube.
Make sure to check out their upcoming Spring events now at www.makeascenedowntown.com
*This information has been provided by the organization itself, and is not an endorsement or constitute legal advice by the Dorsey Law Firm.
