Recent Posts in In the News Category

While many papers and magazines are writing that a quiet settlement has been reached for reality TV stars Jon and Kate Gosselin, according to CNN it appears that such an agreement has yet to be found. Back in April, Jon filed for primary child custody, claiming that Kate was both abusing the current child custody terms and was absentee as a parent during her gig on the show "Dancing with the Stars."

Due to this, he was fighting to gain custody over all of the children. In conjunction with this paperwork, Jon also was looking to restructure his current child support payments which are said to be around $21,000 a month. While some are claiming they have reached a "highly exclusive" agreement, Mary Vidas, Jon's attorney, has said that such a settlement has not, in fact, been reached at all.

If you are in a situation where you are currently facing a contested divorce, an uncontested divorce, are looking to reach a successful agreement regarding alimony or spousal support, it is in your best interested to contact Ellerin Hutchinson as soon as possible. By working with an experienced Jacksonville family lawyer, you can be confident that your best interest is being looked after in every way possible.

It is being reported that after the dust cleared from a divorce, Debra Baker requested to move to Florida with her two children. She was granted the request, however, only after it was clear that if she moved she was responsible for financially making it possible for the children and their father to be able to communicate through video conferencing online.

The father, James, was opposed to the move, pleading with the court to not take his children away from him. He was denied the request, as the court found after losing her job, and losing their home to foreclosure, it wasn't feasible to expect Debra to take care of their children. With their new time sharing schedule, James is entitled to three hours per week of video chatting with his children.

Debra is now moving herself and their 9-year-old daughter and 6-year-old son to her parent's place of residence in Venice Beach, Florida.

If you or a loved one find themselves in a situation such as this, it is imperative that you get the help of an experienced Jacksonville family lawyer as soon as possible. By working with their clients and ensuring that they are treated with compassion and dedication, the right attorney will be able to ensure that you and your family are cared for to best of their ability. We understand the delicate nature of all types of issues involving family law and are completely devoted to giving you the legal support you need. Contact Ellerin Hutchinson today to receive your initial case consultation.

Last week in Washington D.C., judges and experts from the United States and 14 other countries came together to discuss an issue that has garnered a lot of attention recently: international child relocations. The meeting was held to discuss how judges should go about determining whether or not a parent can move with a child to a foreign country over the objections of the other parent. Up for consideration is whether it is in the child's best interest to be so far away from his or her other parent, or if it is best for the child to gain worldly experience. But because there are no guidelines or set uniform way of determining these types of relocation cases, rulings are determined on a state-by-state, county-by-county, judge-by-judge basis.

At the conclusion of the meeting, properly named the "International Judicial Conference on Cross-Border Family Relocation," the attendees adopted a declaration to serve as framework that outlines what judges should consider in "cross-border family relocation" cases in effort to standardize how these types of cases are handled.

Some of the recommendations in the "Washington Declaration on International Family Relocation," include:

• Every state should adopt a set of legal procedures to address parents' rights to relocate with a child
• Parents need to inform the other parent of their intent to relocate within a reasonable amount of time
• The child's best interest should be the primary consideration
• Mediation should be used to try and settle this issue, as opposed to litigation. A voluntary settlement relocation agreement can also be used
• All countries are urged to sign both the 1980 and 1996 Hague Conventions
• Other factors all judges should consider include:
  • The child' right to maintain a solid relationship with both parents
  • The child's opinions and views over the matter (if the child is of a certain age and maturity)
  • Existing child custody arrangements
  • Schooling, employment, etc.
  • Reasons for relocating
  • A history of domestic violence or abuse

If you are thinking of relocating, whether to another city in Florida, another state, or another country, it's important to consult an attorney to ensure you go about the legal aspects of a relocation the right way. Furthermore, if your ex is trying to relocate with your children despite your objections, an attorney can help you try and stop the relocation from occurring.

At Ellerin Hutchinson, we have considerable experience helping parents throughout Jacksonville and Northeast Florida with relocation issues. Whether your goal is to get permission to move away with your children, or you are trying to prevent a relocation from occurring, you can depend on a Jacksonville family law attorney at our firm to protect your rights and aggressively advocate your cause. To learn more about how we can help you with a relocation issue, please contact Ellerin Hutchinson today by calling (904) 638-3134!

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!