Recent Blog Posts in March 2010

The following are some questions commonly asked about paternity testing:

• Why get a paternity test?

While the main objective of a paternity test is to determine whether or not a man is the biological father of a child, there are usually reasons other than simply knowing one's paternity that prompt people to seek a paternity test. For example, a woman may ask the court to order a paternity test in an effort to secure child support payments. If the DNA test proves the man is the biological father of the child, he will be legally obligated to financially support that child. Likewise, a man who doesn't think he is the father may want to take a paternity test to get out of his duty to pay child support. If the test proves he's not the father, he will not be obligated to support the child. In addition, some men take a paternity test to obtain the evidence needed to gain child custody and/or visitation rights. If a man can prove he is the biological father, he will usually be able to get some kind of custody or visitation rights.

• Does a paternity test have to be ordered by the court?

While people can seek a paternity test without court involvement, if there is a legal issue involved, such as child custody or child support, the court will usually only accept a test that was ordered by the court and conducted at a testing or laboratory center approved by the court.

• Can a paternity test still be conducted if the alleged father is dead or missing?

As long a sample of the man's hair, blood, or body tissue is available, it is still possible to conduct a paternity test even if the man is dead or missing. If these samples are not available, the man's parents or siblings can usually be tested.

• What if the mother doesn't consent or won't participate in the paternity testing?

Some courts require the mother's consent and participation, but for those that don't, it's still possible to conduct a paternity test without the mother's participation. However, without mother it may require a more extensive analysis of the DNA to ensure an accurate result.

• Can a paternity test be conducted before the child is born?

Yes, however the test must be done between the 10^th and 24^th week of the woman's pregnancy and only if the doctor says it won't harm the mother or the fetus. Once it's past the 24^th week of pregnancy, DNA testing must wait until after the baby is born.

If you have any additional questions about establishing paternity or disestablishing paternity through DNA testing, please do not hesitate to contact Ellerin Hutchinson today to speak with an experienced Jacksonville paternity lawyer. We have helped both men and women throughout the Northeast Florida area with their paternity matters, and would be happy to help you in any way we can.

To arrange a consultation to speak with a paternity attorney at our office, contact Ellerin Hutchinson today by calling (904) 638-3134.

Several colleges and universities are looking into adopting new policies that would provide maternity and paternity leave for students at the graduate level. The issue came to light after graduate students began pressing the schools to offer some type of maternity and paternity leave to those students who get pregnant or give birth during the school year.

Overall, only a very few universities and colleges offer some type of maternity or paternity leave, and those that do usually have strict limitations. For those graduates who do get pregnant or give birth during the semester, taking time off before or after the baby is born can hurt all the progress they’ve made on their degree. Some students have expressed concerns that taking time off could result in getting kicked off of projects, falling out of favor with their professors, and losing those their student status. Losing one’s student status is the arguably the biggest obstacles these students face, as it could affect their student visas, health insurance plans, and student loans. Others are afraid to take time off because they’re scared of falling too far behind on their work.

So what do they do? Instead of taking time off before the baby is due they work up until the very last possible minute, and as soon as the baby is born they rush back to their studies and research. These students should at least spend a few weeks, if not a few months, resting, recovering, and spending time with their baby, but their worry over how it will affect their work supersedes those needs.

Fortunately, more and more universities are recognizing this is an important issue that needs to be addressed, and have begun discussing possible policies that could implemented. Let’s hope all colleges and universities will soon follow in their footsteps and adopt policies that protect these students. After all, why should they be punished for wanting to have a family?

Ellerin Hutchinson offers experienced legal counsel and representation in multiple areas of family law. If you’d like to speak with a Jacksonville family law attorney at our office about a particular issue, please contact our office today by calling(904) 866-4489.

Several reports have surfaced that Jesse James’ ex-partner, porn star Janine Lindemulder, is planning to sue James for custody of their nine-year-old daughter Sunny.

James was awarded full custody of Sunny in a court ruling last year, and has been raising her with the help of his current wife, Actress Sandra Bullock. But after allegations were made that James had an extramarital affair with tattoo model Michelle McGee, Bullock left the family home. Although neither James nor Bullock have formally announced plans for a legal separation or divorce, Lindemulder is using this opportunity to fight back for custody of her daughter.

Lindemulder, who recently served six months in prison for tax evasion, claims the only reason James was awarded custody was because he and Bullock could provide her with a more stable environment than she could. But now that things are rocky in the Bullock/James home, Lindemulder feels she has grounds to regain her custody rights.

Most people who engage in extramarital affairs have some idea in the back of their mind that things could end badly. But it’s safe to say that for one New York woman, things ended worse than she could’ve ever imagined.

Anne Lundquist, 49, was ordered to pay $9 million to Cynthia Shackelford under a law called “Alienation of Affection.” This law basically gives people the right to sue the man or woman they feel is responsible for breaking up their marriage. And believe it or not this law, which dates back to centuries’ old common law, is still enforceable in seven states.  

Shackelford claims her marriage ended because of her husband Allen’s affair with Lundquist. Some ask why not address the issue with the man that took the vows to be faithful, but Shackelford feels Lundquist intentionally tried to break up the marriage.

“She's the one that came in between us as far as her luring ways, and which I had plenty of proof from e-mails, phone records, spending, that she alienated him from me. She used work and other ways to get in and get friendly with him."

Allen Shackelford says their marriage didn’t fail because of Lundquist, and that they had problems long before she even came into the picture. According to Allen, Cynthia mentioned filing for divorce two years before his relationship with Lundquist began.

Nevertheless, Shackelford’s claim held up. Lundquist was ordered to pay $5 million in compensatory damages and $4 million in punitive damages.

Shackelford doesn’t expect Lundquist to pay, but she that’s not why she took the case to court. Shackelford wanted to send a message to people involved in affairs with married men and women that their behavior is not okay.

At Ellerin Hutchinson, we assist clients throughout Jacksonville and Northeast Florida with their divorce and family law matters. If have a case or legal issue you’d liked to discuss with an experienced Jacksonville divorce lawyer at our office, please call (904) 866-4489 to schedule a consultation today!

Finances are something many unhappily married couples consider before making the drastic step to end their marriage. Sometimes completely miserable couples stay together solely because it would not be a safe or smart move financially to end the marriage.

In Florida, many couples who have been hit hard by the unemployment and foreclosure crisis are choosing to stay in unhappy marriages out of fear they will not have the financial security they need for independent life. Furthermore, because Florida is an equitable distribution state, martial property, including marital debt, will be divided between the spouses. If one or both people in the marriage has accumulated debt, they may hesitate to file for divorce out of concern over how that debt will be dealt with. Another reason a couple may choose not to divorce during a recession is because they would not be able to afford alimony or child support payments.

A proposed bill in Tennessee that calls to split child custody evenly in a contested divorce is receiving lots of attention.

In opposition to the bill are multiple women’s groups, some judges and the Tennessee Bar Association. Opponents fear the law would make divorces even more difficult to settle, and would give abusive ex-husbands leverage they shouldn’t have. Opponents also argue that dividing custody 50/50 may not be practical for the parents’ and the children’s schedules, and therefore would not be in the best interest of the children. On a similar note, it is not always in a child’s best interest to spend equal time with both parents, particularly when one parent works long hours, has an inappropriate lifestyle, or has a history of drug abuse, alcoholism, or domestic violence.

On the other hand are fathers’ rights advocates who say that many children these days are being deprived of full relationships with both parents. These groups claim the courts have a long history of favoring the mother when making a child custody decision, and are influenced by the traditional role women have play in the family dynamic. Advocates of the bill say it is a great way to ensure fathers are given equal rights and treatment when child custody arrangements are being made.

Although Florida does not have such a law, there are still plenty of child custody issues that may arise that require the attention of a trained family law attorney. Whether you have just filed for divorce or you and your spouse are already involved in a custody battle, an experienced Jacksonville child custody lawyer at Ellerin Hutchinson can help. Contact the office today at (904) 866-4489 to learn more about our qualifications, experience, and legal services.

People Magazine Daily is reporting that Michael Jackson’s oldest son, Omer Bhatti, is trying to convince Michael’s three younger children that he is their father.

Omer has recently been staying with Prince, Paris, and Blanket at their Encino, California home, and a source says he has been telling the children to call him Michael. He has also apparently been introducing himself as Michael when meeting new people. The source also claims that Prince in particular has been vulnerable to Omer’s claims, and has even started to believe Omer is his real father instead of Michael.

Many people didn’t even realize Michael Jackson had an older child, but last July ABC News reported that Joe Jackson, Michael’s father, confirmed that Omer is Michael’s biological son.

The source says that Omer’s actions are becoming disturbing and detrimental to the children.

Whether or not this story is true, it does shed light on an interesting paternity issue. If a man claims to be the father of a child you love and care about, but you are suspicious as to whether or not he is actually the father, a Jacksonville paternity lawyer at Ellerin Hutchinson can help. While this story has all the characteristics of juicy Hollywood gossip, a similar situation can occur in everyday life. For example, say a man comes along and claims he is the father of child and begins demanding custody and visitation rights. Is there anyway to prove whether or not he is the child’s biological father? By taking a DNA test, a disputed paternity issue can quickly and accurately be resolved.

For more information about DNA testing, please do not hesitate to contact a Jacksonville paternity attorney at Ellerin Hutchison today!

As the recession continues to fuel the unemployment rate in Florida and throughout the country, more and more parents ordered to pay child support are losing their jobs, making it difficult for them to comply with their court-ordered child support obligations. As a result, the courts are seeing a drastic increase in the number of parents requesting a modification of their child support orders.

Here in Florida the unemployment rate recently hit 11.8%, and you can be sure countless parents in Jacksonville and throughout the state are turning to the courts for help.

If you are struggling financially and are having a difficult time making your child support payments, an attorney at Ellerin Hutchinson can help. We understand that due to circumstances outside of your control you may have trouble making your child support payments. We know you’re not a deadbeat parent, and can help you request a modification from the court. As long as you can prove that you have experienced a significant change in circumstances that prevents you from complying with the child support order, and can prove you simply do not have the financial means to make your current payments, the court should agree to lower your payments. In the event the court denies your modification, we can appeal the ruling and find other ways to help you.

To arrange a consultation with an experienced Jacksonville child support lawyer to discuss your situation, please contact Ellerin Hutchinson today at (904) 866 4489!

As if things for NBA star Allen Iverson couldn’t get any worse, his wife of 8 ½ years has filed for divorce.

In her divorce petition, Tawanna Iverson said her marriage to Allen was “irretrievably broken.”She also asked for temporary and permanent custody of their five children, as well as an unspecified amount in alimony and child support. She is also seeking attorney’s fees and an equitable distribution of their marital property.

The divorce filing comes a week after Iverson, who plays for the Philadelphia 76er’s, announced he will not play the rest of season in order to have more time to spend with his sick 4-year-old daughter.

Tawanna’s attorney, John Mayoue, would not comment on what led Tawanna to file for divorce. However, according to the court papers filed by Tawanna, the couple has been living separately.

The divorce petition was filed in Fulton County Superior Court in Georgia. The Iversons have lived in the north Atlanta area since August.

Some are arguing that a child support collection program is unconstitutional.

Parents who have fallen behind on their monthly child support payments may be ordered to enroll in the Pay or Appear program. Under the terms of the program, the parents are required to pay their support obligations on a weekly basis. If they don’t pay in full by 5 p.m. on Wednesday they must appear before a judge the next day and explain why they didn’t pay. If they don’t have a reason or the judge thinks their reason for not paying isn’t good enough, the judge can send them to jail until they make the payments.

While this may sound like a fair way to ensure child support is collected, some of the parents enrolled in the program say it is unfair and unconstitutional.

One man, Childs Roberts of Fort Myers, is challenging the program. He said he’s been arrested 13 times for failure to comply with the program, which requires him to make weekly payments of $132 a week. But that figure is $12 more than what he earns. Roberts says he loves his son and is trying his hardest to provide for him, but that it’s hard to make payments he can barely afford. He also said he’s been arrested for being $1.90 short.

Attorney Sam Assini, who is representing another man whose been jailed for failing to make payments, says the program participants are being denied due process. He says that the participants aren’t given sufficient notice of the court hearing, and are being jailed for a civil matter without issuance of a proper order of findings of fact. He also says the custodial parent does not have to appear at the hearing, so the participant can’t even face his or her accuser.

Assini also points out that the majority of participants who have been jailed for failing to pay are not deadbeat parents, but rather have fallen on hard times due to the poor economy and simply cannot afford to make their child support obligations.

In response, Chief Judge Keith Cary said the court has thoroughly reviewed the program, and found it to be constitutionally sound. And program coordinator Rita Heckler said the program is incredibly effective in collecting child support. She said that since 2002, the program has collected nearly $7 million. In 2009 the program collected $1.3 out of the $1.4 million owed, which equates to a 91.5% success rate.

If you need help with a child support issue, you can turn to Ellerin Hutchinson for help. To arrange a consultation with an experienced Jacksonville child support lawyer at our firm, please contact the office at (904) 866-4489!

Divorce doesn’t always have to be a messy, complicated process. It’s very possible for a divorce to be done in a civil and respectful manner, even when issues that are normally hotly contested are involved, such as property division or child custody .

Despite what some people might tell you, there are ways to have a successful divorce. The Vancouver Sun recently published an article that provides several tips to keep in mind both before and during the divorce process to increase your chances of resolving your divorce successfully:

• Put the love for your children before your dislike of your husband or wife.
• Do not fight in front of your children.
• Make sure your children still have access to both sides of their family.
• Understand that your children will be dealing with their own emotions.
• Make educated decisions instead of emotional ones.
• Seek out professional or expert support on every topic. Although you will have a legal expert in your attorney, feel free to speak with financial planners, tax experts, child psychologists, etc.
• Remember money is an important issue for both you and your ex. Make sure you are in the right mindset to discuss it.
• When it comes to dividing your assets and investments, make sure you understand the full scope of them, such as their risks, outlook, tax implications, costs, etc., then make an educated decision.
• Make sure you are on the ball with your financial situation, and that you have a solid understanding of where you stand financially.
• Surround yourself with people who can help you deal with the non-legal aspects of your divorce. If you don’t like your ex’s parenting skills, find a family law expert who can help you deal with this.
• When you’re feeling sad or angry, focus on things that make you feel happy. Go on a run, read a good book, have lunch with friends, pursue a hobby, just do something that takes your mind off the divorce and reminds you that you love life.

A Jacksonville divorce attorney at Ellerin Hutchinson would be happy to provide you with information and resources to help you get through your divorce successfully. We understand how emotionally taxing a divorce can be, and want to make sure the divorce process is as easy for you as possible. To schedule an appointment to discuss your divorce, contact the office today at (904) 866-4489!

An Alaska judge has ordered Levi Johnston to pay Bristol Palin, the daughter of former Vice Presidential candidate Sarah Palin, $18,000 in past-due child support for their one-year-old son. Palin can also subpoena any of Johnston’s commercial earnings in the future.

Palin had been asking for $1,750 per month since her and Johnston split up. However, at an earlier hearing, Johnston told the judge his income wasn't stable enough to meet Palin’s demands.

Thomas Van Flein, Palin’s attorney, said Bristol is pleased with the judge’s decision.

Palin currently has both phsycial and legal custody on Tripp, but has been working out visitation arrangements with Johnston so he can see his son. Right now he only sees the boy on Saturdays, but they are working on creating a more regular schedule. They hope to have that schedule ready by their next court date, which has been set for September 23. Both Palin and Johnston say they want to put their son first.

In addition to the $18,000 in overdue child support, Johnston must also pay Palin $1,600 a month from here on out.

A new child custody bill affecting military members is being received with mixed opinions.

HR 4469, sponsored by Rep. Michael Turner (R-Ohio), would prevent the courts from permanently changing an existing custody order while a service member is deployed overseas. The bill would also require any temporary changes to the custody order during a deployment to be reversed once the service member returns home. Furthermore, under the terms of the bill, the courts could not use deployment or a possible deployment against a service member when determining the best interest of a child.

Both the Veterans of Foreign War (VFW) and the members of the Iraq and Afghanistan Veterans of America (IAVA) strongly support the bill. Says Justin Brown of the VFW, “The VFW strongly believes that a service member’s duty should not reflect negatively on themselves for the sake of judicial proceedings that deal with something as serious as a permanent custody decision of a child.”

Brown went on to stay that although deployment is hard on the entire family, it is not the service member’s choice to go overseas, it’s the government’s decision which troops are deployed, and it’s wrong to punish the service members for something that is out of their control.

In opposition to this support, the American Bar Association says the bill is well-motivated but not well-considered. A spokesperson for the ABA says the bill could result in child custody cases being heard in federal court, as opposed to the state court, which could lead to some unintended consequences. The ABA suggests that Congress should leave the issue alone for now, as many states are working on amending their child custody laws, with at least 30 states having already passed some changes.

Are you an active member of the U.S. military? Are you worried about how your deployment will affect your child custody arrangement? A  Jacksonville military divorce lawyer at Ellerin Hutchinson can help. To schedule a consultation to discuss your situation, please call (904) 866-4489.

Jeffrey Toobin, an author and legal analyst for CNN, is the most recent public figure at the center of a paternity dispute.

Toobin recently appeared in a Manhattan family court to address accusations that he is the father of Casey Greenfield’s baby.

Greenfield and Toobin worked as associates at Gibson Dunn, one of the biggest law firms in the country, but the married Toobin has never publicly acknowledged or admitted to having an extramarital affair with Greenfield. There are, however, rumors that he privately acknowledged his relationship to Greenfield's child.

Greenfield, daughter of CBS News analyst Jeff Greenfield, has been asking Toobin to pay child support. Toobin refuses to put his name on the child’s birth certificate and has not paid a Greenfield a cent, which is why the two found themselves sitting in family court last week.

It is highly likely that Toobin will take a paternity test to determine whether or not he is the child’s father. If Toobin turns out to be the father, he will be held accountable for paying child support.

Men and women throughout the Jacksonville area come to Ellerin Hutchinson for help establishing paternity. Taking a DNA test is often the only way a man or woman can learn for certain the identity of child’s biological father. If you need help establishing paternity, you can depend on an experienced Jacksonville paternity lawyer at Ellerin Hutchinson to provide you with the dedicated representation you need.

Contact Ellerin Hutchinson today to schedule a consultation with an attorney at the office!