I don’t need an attorney …

When I hear a potential client say this phrase “I feel for them...” Unfortunately, some may think navigating the Family Court System can be easy and will be as simple as an Law Order episode. The fact of the matter is that the Florida Family Court system can be confusing and overwhelming and this does not take into consideration the Statutory and the Case law that goes along with navigating the system. Also, don’t forget about each Judge and their likes and dislikes. The fact of the matter is that navigating the court system is not a game and once a judge makes a decision on your matter you don’t get a redo unless you are able to appeal.

If you can’t find an attorney to assist you with your entire case sometimes having an attorney assist you in a portion of your case may be beneficial.

Tom Cruise and Katie Holmes: Who has Jurisdiction?

California or New York - which lucky court and which lucky judge will be the one interpreting the prenuptial agreement of Tom Cruise and Katie Holmes or be in charge of the court proceedings? The concept of Jurisdiction deals with which court has the authority to hear and rule on the matters at hand. Each state has its own laws when it comes to divorce, even though they may have similar laws; the biggest issue in this case, like many high profile cases, deals with privacy issues.

No one wants their personal issues to be aired out in the courtroom but more importantly I do not think either party wants the media to be in the courtroom for the blow for blow. ( that includes Tom and Katie)

In the state of New York, files can be sealed and the public may have limited access to the divorce proceeding; however, in California, the privacy rights are not as stringent.

Generally, each state has its own requirements for Jurisdiction. For example, in Florida, in order to obtain a divorce either party has to be a resident of the State of Florida for at least 6 months, along with other factors needing to be met for the dissolution.

Also, if there was a prenuptial agreement, it may have a provision as to which state may have jurisdiction and/or how the divorce will play out, at least to the financial concerns; the child may be another story.

Just Served With Divorce Papers…

For many people, being served with divorce papers can be scary and unexpected. For others, it may be something that was expected from their partner. I usually hear the confusion and the scared voice in a client’s initial call. The most important thing I tell a client is a response is needed immediately, not just move the process along, but also because it is required by law. Once you have been served with divorce papers you have 20 days to respond.

Ignoring the paperwork you have been served with is the WORST thing a person can do. If you do not respond to the paperwork you are only digging yourself into a deeper and more costly hole.

So if you have been served with divorce papers you need to take action and not ignore what is going on and thing it will go away. The best option is to find a family law attorney who you feel comfortable with and can trust. Unfortunately, this may not be what you want, but you have to move forward and address the current situation.

Domestic Violence and Money Mayweather

Domestic Violence and Money Mayweather

Although we may not know exactly what happened between Money Mayweather and the mother of his children back in 2010, he has pled guilty to domestic battery. No matter what happened in September 2010, Money Mayweather is facing a 3-month sentence in the Clark County Detention Center.

Regardless of your personal thoughts on the Mayweather domestic battery case, the bottom line is Domestic Violence is a HUGE problem. The overwhelming majority of clients I encounter have been in some form or another involved with domestic violence (men and women). Whether or not you think domestic violence is a REAL EPIDEMIC, it is never right to hit your partner regardless of the situation.

Dog Fighting…

Why? Is the first word that comes to mind when I read or see footage of dog fighting. Well, actually that is not the first word, but it is the first non-expletive word that comes to mind.

Why would people take innocent animals and force and train them to hurt each other? My theory is because people can be the worst representation of creatures on earth; however, I when seeing such images or reading such articles I also have to remind myself that people can also be the best representation of creatures on earth.

I see animals like children; they are innately good, however sometimes they are surrounded by awful people. Just like children, animals can be rehabilitated and some of the damage that was done can be reversed; however, sometimes the damage was so severe that the outcome is irreversible.

As individuals we can be vigilant against both dog fighting and child abuse. Also, as consumers, we can boycott and use our financial power to make statements that those that support such cruelty do not deserve the support of consumers.

Trayvon Martin: A Child is Dead.

No matter what happens in this case a child is dead. He is dead because an individual is claiming he was acting in self-defense when he shot and killed Trayvon Martin. Not only do you have a dead child, but you also have a community that is outraged; when that child was killed no immediate action was taken by the police, and as a result the State Attorney's Office has not been able to open a case against Mr. Zimmerman. Currently, there is an ongoing investigation about the shooting and it will be sent to a grand jury to see if there is enough evidence against Mr. Zimmerman to proceed.

This is a situation that can get out of control very quickly if the appropriate action is not taken in a reasonable time period.  The city of Sanford has been, and will continue, to face tough scrutiny if appropriate measures are not taken.

How would you feel if your child was killed and the person who was responsible for the shooting is walking free?

Why do the kids suffer?

As a Family Law Attorney I see many things that would shock the average person. However, no matter how often I see people at their worst, it always makes me feel sad that my clients are in such a down place.  Generally, the minor child or children face the brunt of the punishment/abuse. A few days ago I saw another typical story of 2 adults ( not “parents”) who allegedly treated their children in such a way that would shock the average person.

I guess my problem with the situation is people should not have kids if they are not ready to take care of them, because in the end it is not the adult who suffers, but it is the child that suffers.  So if you are in a situation where you have a child or children and you need help, you should ask a family member or a local organization for assistance.

See article at : (http://www.google.com/hostednews/ap/article/ALeqM5hpx3u6-sxuLbOW-RZtmLjMb1Gp7A?docId=0aa6f84f375846c9934e4e4940625442)

Police: Fla. couple kept boy locked in closet

(AP)

TITUSVILLE, Fla. (AP) — When Florida police checked out a child abuse report, they found an emaciated boy lying on the floor inside a locked bathroom at his home, apparently punished for stealing food. The boy was rushed to the hospital where workers said he resembled a concentration camp survivor, and they treated him for malnutrition and dehydration.

The 12-year-old boy's father and his girlfriend have been charged with aggravated child abuse and child neglect. Two other kids at the home have been removed as child welfare officials investigate.

According to a police report, the boy — weighing just 40 pounds — was locked in a bathroom, strapped to a bed or caged in a closet for days or weeks at a time over the past year.

Brevard County Jail records show 38-year-old Michael Marshall and 48-year-old Sharon Glass have been charged with three counts each of aggravated child abuse and three counts each of child neglect. A judge ordered both be held without bond. It is not immediately clear if they have an attorney.

The Titusville Police Department received a report of a young child being unlawfully caged and suffering from abuse, though the report doesn't spell out whether there was a cage inside the closet. Authorities in Titusville have not returned telephone calls from The Associated Press.

Marshall is the father of the 12-year-old boy and a 10-year-old girl. Glass is the mother of the 5 year-old boy.

The two other children at the home were being seen by doctors, said Carrie Hoeppner, spokeswoman for the Florida Department of Children and Families.

"No doubt that the younger two have been subjected to mental abuse," Hoeppner said.

Marshall also has a 17-year-old son with his ex-wife, Lisa Minshall, 36, who lives in southwestern Ohio. She said her son was still an infant when she and Marshall divorced, and Marshall hasn't seen him since he was 3.

"I kind of feel sick, and I'm kind of happy that that situation didn't happen to me and my son," Minshall said. "If I would have stayed around long enough, he probably would have been abusive to his first son."

Marshall was arrested on a criminal domestic violence charge in Ohio in 1995, records showed. It wasn't immediately clear whether he was convicted.

Welfare officials investigated neglect and concerns about the home environment in the summer of 2010. Once the investigation was closed, the boy was taken out of school and went "unnoticed for so long," Hoeppner said. There were no other reports from the home or contact between welfare officials and the couple.

Brevard Public Schools spokeswoman Christine Davis said the boy was removed from the system for homeschooling in August 2010. Records shows the boy was moved to a private school less than two months later, but the name of the private school wasn't listed.

The couple's home is located in Titusville, about 40 miles east of Orlando on the coast. The town was known as a good place to watch space shuttle launches at Cape Canaveral.

Myrtle Wilcox, a neighbor, said she hadn't seen the boy since November, when he was outside on the front lawn playing with a dog.

"The boy looked to be about 8- or 10-years-old," Wilcox said.

She said he was slender but nothing seemed wrong.

On Christmas Eve, Wilcox said Marshall had come over to get help jumping a car. He and his girlfriend wanted to go to a store to buy last minute gifts for their children.

"Just ordinary people," Wilcox said. "Going to work and tending to their own business and taking care of their family. That's the only thing I could assume about them."

Copyright © 2012 The Associated Press. All rights reserved.

“I hurt the woman I said I loved and I am sorry and I hope that one day she does forgive me"

As a Family Law attorney I see EVERYTHING. One particular area of the law I see often in my practice  is “domestic violence.”  Domestic Violence is not only a serious offense but it is also pervasive in our society. There are a surprising number of cases in which a spouse is physically abused by the other spouse. Unfortunately, I was not surprised when I heard about the case where a husband attacked his former wife in the judge’s chambers during a divorce proceeding.  Although the husband needs counseling and help for his behavior, it was no surprise that the husband received 15 years for his actions. As the judge stated, “It was in a court of law where people for hundreds of years have been coming to peaceably resolve

their disputes where people have an expectation of safety — certainly where your former wife thought

she would be safe,” Cohen told Gonzalez during sentencing. “You chose it as a place to viciously assault her.”

If you ever find yourself or a loved one in a situation where violence is taking place, please make sure you seek HELP.

See Daily News Article:

http://www.nydailynews.com/topics/Catherine%20Scott

"The Art of Racing in the Rain"

My wife and I lead very busy lives like many couples. One thing we like to do as a couple is read books out loud to each other. (I guess it must be the teachers in us.) We recently read a book that was on point in my field of work: “The Art of Racing in the Rain” by Garth Stein. If you would like a quick read that brings to life the world of a dog from his/her perspective, this would be a great book. My wife and I enjoyed the book thoroughly because it involved the life of a dog, “family issues,” and the “legal system.” We initially did not realize this would be a book dealing with child custody issues but as we read page by page the realization was clear. The author did an excellent job crafting this book in terms of making the reader connect with the characters and provided an excellent glimpse of what can take place in a custody battle. I would highly recommend this book to any animal lover.

Race, Religion, Politics and Gay Marriage!!!

This is an interesting article from the Associated Press, when it comes to  Race, Religion, Politics and Gay Marriage.  With Maryland becoming another state allowing gay marriage, how will it affect the 2012 election, not just on the national level but also at the state level? I guess time will tell.

By SARAH BREITENBACH, Associated Press

BELTSVILLE, Md. (AP) — With Maryland legalizing gay marriage, some conservative opponents and religious leaders are counting on members of their congregations, especially in black churches, to upend the legislation at the polls this fall.

Many African American church leaders oppose gay marriage in the liberal-leaning state that's nearly one-third black, and President Barack Obama's re-election campaign is expected to drive many of their congregants to the polls. Opponents submitted draft language for a ballot referendum to overturn the measure just after it passed the Legislature last week.

Gov. Martin O'Malley signed the bill into law Thursday, and it takes effect in January 2013.

Over the weekend, some pastors at predominantly black churches were already using their sermons to shop the referendum effort to their congregations, asking members to sign up for email alerts, put their name on petitions and overturn the law come November. The Catholic Church, which has 1.2 million parishioners in Maryland, has also openly opposed the bill.

A Sunday service at the Hope Christian Church in Beltsville was filled with murmurs of agreement as a spokeswoman for the Maryland Marriage Alliance rallied the mostly black congregation against the law.

"We will have the last say on how marriage will be defined in Maryland," spokeswoman Dee Powell shouted repeatedly to the audience of several hundred.

Some churchgoers said they are bound by their faith to vote against gay marriage.

"It's a personal value and opinion. It has nothing to do with President Barack Obama," said 54-year-old DeBorah Martinez, who has attended Hope Christian for three years.

When a gay marriage bill fell short in the legislature last year, black pastors were given much of the credit for pressuring lawmakers to oppose it. The measure was pulled from the floor of the House as leaders realized if fell short of the needed votes.

Opposition from black pastors in Maryland belies an overall political stance that routinely includes their endorsement of Democratic candidates and support for their agendas.

Opponents will need to collect nearly 56,000 valid voter signatures, equivalent to 3 percent of the people who cast ballots in the 2010 gubernatorial election, to put the measure on the November ballot. Even gay marriage advocates expect the referendum to end up on the ballot.

Six states and the District of Columbia currently recognize gay marriages. The state of Washington has also legalized gay marriage, and its law takes effect in June. Voters there are expected to petition the measure to referendum this fall.

Maine legalized the unions for same-sex couples in 2009, but later that year became the only state overturn a such a law passed by a legislature.

Meanwhile, about 30 states have constitutional amendments that seek to prohibit gay marriage, most by defining marriage as between a man and a woman.

Donald Norris, chairman of the department of public policy at the University of Maryland, Baltimore County, said black churches could heavily influence the referendum, but liberal voters who come out to support Obama could offset the votes against same-sex marriage.

A number of factors could tip the vote on a referendum, Norris said. For example, a weak Republican presidential candidate could mean conservative voters stay home and don't cast ballots against the law.

"It's going to really depend upon a variety of things that are going to happen between now and November," Norris said.

Gay marriage advocates are hoping that young voters — whom they expect to support their cause — will turn out for Obama as they did in 2008.

"I think Obama's election turns out a number of different people," said Sultan Shakir, campaign manager for Marylanders for Marriage Equality, a coalition of gay rights groups that worked to get the bill passed. "(There is) a lot of attention around people who attend church, but there are plenty of other demographics who are going to be turned out."

The advocates also think it is inappropriate to leave what they consider a civil rights issue to the discretion of voters.

"It's sad to me that anyone would think that it's OK to put up the rights of a minority to a popular vote," said Lisa Polyak, chairwoman of the board of directors for the gay rights organization Equality Maryland. "We have children, we have lives, we have jobs and we just want to go about them with integrity."

Proponents of gay marriage are also counting on religious leaders who support of the bill to influence their congregations and for labor unions to urge their members to vote to keep gay marriage legal. Some black pastors who supported the measure as a matter of civil rights appeared publicly with O'Malley, a Democrat, during the legislative debate.

Babatunde Adedayo, a 29-year-old from Upper Marlboro, said the president and his stance on gay marriage will likely influence his peers in November. Obama supports civil unions, but has not endorsed marriage for same-sex couples

"I think this affects every facet of our culture," Adedayo said after the service at Hope Christian. "As a black African American in America, it is something the black church takes seriously and depending on Barack Obama's stance on this, it will affect a lot of people."