It will not be an easy custody battle for Halle Berry who will take former lover Gabriel Aubry to court over their daughter Nahla.

After spending five years together Berry and Aubry split but agreed to a split custody agreement. However, Berry now wants to renege on that agreement, her representative saying that she had "serious concerns for her daughter's well-being while in the care of her father and is prepared to take all necessary steps to protect her."

The Oscar-winning actress is so concerned for Nahla's safety that she declined her role in upcoming film New Year's Eve, in which she was supposed to begin filming in New York, in order to fight this custody battle full time.

If you are concerned about the well-being of your child and want to obtain full custody, you need a Jacksonville family law attorney who knows the intricacies of child custody law.  Contact Ellerin Hutchinson today!

When you are unable to peacefully come to an agreement regarding child custody you need to become familiar with the legal terms surrounding this complicated legal process.

If you are seeking joint custody you should know that there are two types that you can seek: joint physical custody and joint legal custody. You can be awarded one or both of these types of custody.

Joint physical custody defines the amount of time that the child spends with each parent. Based on what both parties want, what the child wants and what the court thinks is best for the child involved, the amount of time can be short, such as a weekend with the other parent, or time spent equally with both. However, if you are seeking an equal amount of time with the child then it is best if the parents live near one another.

The other type of custody, joint legal custody, defines the decisions that are made for the child by the parents. These include health care, school and religious training. However they can also include major decisions like the age for dating or getting a job, methods of discipline, summer camp and extracurricular activities.

Fighting for joint custody can often be a difficult battle, but not impossible if you have a Jacksonville family lawyer on your side.  Contact our law office now!

Bristol Palin is trying to take more control of her son's life by asking to change his last name from Johnston to Palin, as well as asking the father to sign over his parental rights. However, Levi Johnston is not keen on either of these ideas and is fighting back.

Whether it is a sign of her age or her newness as a parent, Palin's approach to the matter has been seen as nonchalant at times. In one statement to the press Palin said, "Yeah, I've asked Levi to do it many different times, just to get it out of the way, just sign over his parental rights, but I don't know if he will or if he wants to right now." 

She is so eager for Levi to sign over his parental rights that Palin has agreed to live without his child support payments in return. Palin hopes to avoid a child custody case over their son Tripp and has even said that he will continue to have interaction with his son as long as he agrees to the parental rights clause. 

Contact Ellerin Hutchinson to speak with a Jacksonville family lawyer if you are going through a difficult child custody case.

According to TMZ Gabriel Aubry filed a paternity petition on Dec. 30, 2010. He is asking a court to help him determine that he is the father of 2-year-old daughter Nahla with his ex Halle Berry.

Since the two are not married Aubry was worried that he would not be able to spend as much time as he wanted with Nahla now that he and Berry are no longer an item. In order to protect his visitation rights his lawyers advised him to seek a paternity test.

However, sources close to the pair state that they are splitting amicably and do not plan on arranging for child visitation, support, or custody at this time. They supposedly already have an agreement concerning Nahla without bringing a court into the middle of their separation. Although they are certainly not happy about the split the parents are coping well and maintaining a comfortable relationship for the sake of their child.

No matter what type of child custody you are seeking - full, partial or complete denial - it is advised that you hire a Jacksonville family law attorney.  Contact our law office now.

Mel Gibson's child custody case just got a little nastier when news of alleged beatings during sex were leaked to the public. In a testimony given and recorded by his ex, Oksana Grigoreiva, she claims that Gibson beat her in order to arouse himself since he already has libido problems.

She also claims that the actor struck her so hard on the face on January 6,2010 that a veneer was knocked off her tooth while the other side of her face was damaged. However, no other incidents of assault were listed in her testimony.

The two were separated in March 2010 and Grigoreiva filed a domestic violence complaint against the actor a few months later on July 5, 2010. They have a daughter together, Lucia, who was born on October 30, 2009.

Child custody is not always easy when two parents have made the decision to separate. If you are seeking child custody or even attempting to prevent it, a Jacksonville family law attorney can provide the legal advice and voice you need in the courtroom.  Contact our legal team today!

Even if you are the non-custodial parent, any time that you move away from your child, especially out of state, it is advisable to either get or keep an attorney on retainer. Why? There are several items that can influence your relationship with your ex-spouse and children that are a result of parental relocation.

First, if you are leaving the state for a different job, it could affect your spousal and child support payments, especially if you have been offered a more financially-sound job. Secondly, your decision to move away could affect your visitation rights. If you do have partial or joint custody of your children, you may be required to send them to live with your former partner/spouse for certain periods of time, like summer or winter holidays.

No matter what your reason for moving away is, it will definitely impact the legal and financial relationship between you, your former spouse, and your children together. It is best to discuss and make any legal arrangements before your move to avoid any complications later on down the road. You also want to ensure that you are in compliance with all of your divorce settlements.

Have questions pertaining to parental relocation?  Take the time to contact our firm and speak with a Jacksonville family lawyer.

The Georgia teacher who was finally acquitted of sex charges has worked out a child custody agreement with her ex-husband. Tonya Craft, a former kindergarten teacher, is also dropping charges against her former mate, Joal Henke. This came as a shock to Henke who was sitting next to Craft during an interview for the Today Show.

He stated that the two sat down together, without lawyers, to come to an agreement on the custody of their children. However, the pair are not revealing any more details at this time about their custody arrangements.

This comes after Craft was acquitted of molesting three girls, including her daughter. Her children were sent to live with Henke for the duration of her trial, a period of nearly 2.5 years. She was found to be not guilty of the 22 charges against her by a north Georgia jury.

Are you having difficulty coming to an agreement on child custody issues? If you cannot agree with your partner/spouse on child custody, it is time to hire a Jacksonville family law attorney by contacting Ellerin Hutchinson.

A man struck his child's mother and grandmother with his car after disagreeing over their child custody situation. Brett Reed, 47, was driving with his brother-in-law Seleso Ruiz Jr., attempting to drive away with his children when their mother, Jennifer Roberts, and grandmother, Linda Bryant, stood in front of the 2006 silver Chrysler Sebring.

Instead of listening to the women's pleas to return their children, Reed supposedly put the car into drive and moved his vehicle forward, striking the women. He then backed the car up and raced towards Bryant, striking her a second time. Reed and Ruiz left the scene of the crime after that.

They were eventually tracked down by local deputies who charged Reed with two counts of assault with a deadly weapon.

The children's mother was taken to Salinas Valley Memorial Hospital by ambulance where her minor injuries were treated. Bryant was released the same day. Her mother, Roberts, was also taken to the hospital and released later that day.

Having issues with child custody?  Seek resolution by contacting our law office to get help from a Jacksonville family lawyer.

If you are dealing with a child custody case, you will need to familiarize yourself with the different types of custody that the court can grant you. One popular type of custody is joint physical custody. In this case, the child(ren) in question will split his or her time between the two parents' homes. Although this generally doesn't amount to a perfect 50/50 split, it does reflect an arrangement that the court deems to be best suited for the child. In many cases joint physical custody is broken down into weekends with one parent and weekdays with another; in some cases, a child may spend the school year with one parent and holidays with the other.

This type of custody is more commonly seen with parents that are able to set aside their personal differences to work towards what is best for their child. However, as in many divorce cases, the question of child custody can lead to an all-out battle between the two parties.

Should you have questions related to the types of child custody, contact Ellerin Hutchinson today to speak with a Jacksonville family lawyer.

Changes made this year to Florida's child support laws may be of special interest to some fathers. The new law states that fathers who have less overall visitation time with their children but a minimum of 20 percent of overnight visits could be entitled to a reduction in their payments. This amount is determined by a sliding scale set by statute as outlined in the new law.

Before this significant change was made, a reduction in child support payments would only be granted to fathers who had a minimum of 40 percent overnights with their children. This will greatly benefit fathers who have less overtime nights but are still in financial need of a reduction in their payments.

There are other significant changes in the new law that fathers should also make themselves aware of.  For example, if a parent must be pay child support for more than one child, each order must include a termination date for the amount of support, and the reduction of this payment with that ending date.

Have questions about child support? Contact our office today to get answers from a Jacksonville family lawyer.

A Camden, NJ woman is having trouble with the law, in this case, a suspended police officer who is also her ex-husband. Shane Simpson, 41, was already in trouble for falsifying records to get her falsely imprisoned on child custody issues. He was indicted on October 20 on those charges as well as official misconduct but has continued to harass his ex-wife and her male friends.

As a condition of his bail for the April arrest, Simpson was ordered not to contact Nooshin, his ex-wife. This proved to be difficult for Simpson as he was arrested again this Sunday for getting caught stalking his ex-wife at her home, adding the charges of harassment and stalking to his growing list of legal problems. He was released from the Camden County Correctional Facility a day later. The former officer also faces possible financial issues as he was suspended this April without pay from the police department.

Going through a tough child custody matter?  Contact us to speak with a Jacksonville family lawyer.

Since each family is different the court cannot provide you with a predetermined parenting plan that will fit your needs. When parents decide to separate it is important to create an easy-to-understand plan that will determine how each parent will fit into their child's life. By doing this before the separation you can hope to achieve several goals.

You can discuss what you both think is best for the child(ren) in question, and come to an agreement that is agreeable to both parties. This includes a timeshare schedule that clearly outlines when each parent is expected to be with and take care of their child; it also provides the child with a sense of continuity and permanency that might be lacking otherwise.

Both parties can also rest assured that all of the child's educational, medical, and social needs are being met between them. If you should disagree about something the parenting plan will already be in place to refer to at all times. This will decrease the incidence of conflict between parents, which will also aid in your child's transition from a two-parent to one-parent household.

Need help modification of a parenting plan?  Contact our firm to discuss your case with a Jacksonville family lawyer.

The drama intensifies in the separation case between Mel Gibson and his ex-girlfriend Oksana Grigorieva as they battle overchild custody. Grigorieva argues that Gibson should not be allowed to obtain overnight custody of their infant child, using the testimony of Dr. Shawn McCoy, a licensed clinical social worker, to back up her case. To date Gibson has had one overnight visit per week so far without any recorded incidents.

So far Grigorieva has used 39 lawyers in her battle with Gibson, 18 of which have collectively racked up $1 million in legal fees. She believes that Gibson should also have to pay this sum along with any other monetary settlements. Her most recent lawyer, Lisa Bloom, told TMZ that she took on Grigorieva's case pro bono to show her support for domestic violence victims.

When you are having legal battles in court, you should consider working with a Jacksonville family law attorney who can help.  Contact our firm now.

This week, an amazing chain of events led police to solve a cold case of child abduction in the state of Nevada.  It is reported that 31-year-old Eva Marie Fielder walked into a courthouse seeking a name change and marriage license.  After conducting a routine check, officials saw that Fielder was listed as a missing endangered person.

According to reports, Fielder had been missing since she was six years old when her mother took her from a child custody hearing in New Jersey.  Hours later, police were able to track down her mother and discovered that she had been using a fake name.

Captain David Nikoley said, "Through the investigation she finally admitted who she was and subsequently was taken into custody."  Police say that Nancy Fielder had used fake names for herself and her daughter, but officers say the daughter was never in danger. Now, Nancy is in jail and she is facing extradition to New Jersey.

Do you need assistance with a child custody matter in Jacksonville? Contact us to get immediate help from a Jacksonville family lawyer as soon as possible.

Recently, a courthouse in Santa Monica revealed that there is a huge difference between being a father and a sperm donor.  This is the message that came from a paternity lawsuit which was recently resolved in California after a sperm donor sought joint child custody of a toddler he helped conceive.

Supposedly, a woman by the name of Karen B., a lesbian, was looking to become a mother and found a sperm donor by the name of Daniel C. who had posted an ad on Craigslist offering his services.

After Daniel donated his sperm, Karen had a baby through artificial insemination and would occasionally allow Daniel to visit with her child.  Karen made all of the decisions regarding her child's schooling, health and upbringing despite the visits with Daniel.

Two years later, Daniel decided to sue Karen because he wanted additional rights and claimed he was the father.  In court, Daniel proved that he signed the child's birth certificate and that Karen had signed a "voluntary declaration of paternity" which stated Daniel was the biological father.  However, Karen contested that she had signed the document while sedated days after giving birth.

The court ruled in Karen's favor and she retained full custody of the toddler.

Need assistance with child custody or paternity proceedings?  Contact us to discuss your case with a Jacksonville family lawyer.

In California, Shelley Mathew Malil, who worked alongside actor Steve Carell in the hit comedy "The 40-Year-Old Virgin" is on trial for stabbing his ex-girlfriend, Kenra Beebe, more than 20 times.

If he is convicted, the 45-year-old will face a possible life sentence for attempted murder charges. However, his defense attorneys called into question Beebe's credibility on the witness stand during a recent cross examination.

The attorneys representing him say the previous incident where Beebe lied in a disposition related to her divorce and also her child custody battle.  They say she lied after taking her children on an unauthorized trip outside of the country.

While on the stand, Beebe admitted to deceit and said she took her kids on vacation in the country of Mexico even though she was instructed by the court to keep the children within the borders of San Diego County.

She said, 'I admit that'a a lie and I'm absolutely sorry about that."  She then went on to state, "But it has nothing to do with me getting stabbed 25 times that night."

Malil stands accused of showing up at his former girlfriend's apartment two years ago and stabbing her without warning three times because she had been socializing with another man. It is alleged that he chased her through the resident with a butcher knife and stabbed her until she collapsed on the front porch and a neighbor became involved.

Going through a tough child custody battle?  Get the legal help you need today by contacting our practice and discussing your case with a Jacksonville family lawyer.

Recently, it was announced that Kelsey Grammer's wife could get a $42 million divorce payout.  It is said that Camille Donatacci could be awarded a huge sum due to the fact that she owns half of Frasier star Kelsey's company, Grammnet Productions.  The company is responsible for numerous television hits, including Medium, featuring Patricia Arquette.

A source close to the case told a newspaper, "Camille stands to get half of all syndication of Frasier made during the years they were married. That's seven years of episodes, as well as income from other shows the company made, including Medium and Girlfriends."

Grammer married his wife in 1997, four years after his hit show Frazier aired on television.  Camille is a former Playboy model with two children, Mason Olivia and Jude Gordon.  In July, the couple decided to file for divorce citing irreconcilable differences as the reason for the termination of their marriage.

Donatacci is seeking joint legal custody and primary physical custody of her children, as well as spousal support and child support.  Grammer is reported to be worth $120 million.

If you are looking to secure help from a Jacksonville family lawyer, contact Ellerin Hutchinson now.

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.

There are many people who assume that after a divorce or a legal separation, primary child custody will automatically be awarded to the mother.  Yet, this is not the case in the state of Florida.

According to the family laws of the state, the court must give equal consideration to both the mother and father when reviewing a child custody case.  Then, the court must make a decision that is in the best interests of the child involved. 

In some cases, the court may rule that primary custody be awarded to the father or the mother.  In others, the court may order that joint physical and legal custody be awarded.  The decision of the court will depend upon the child's needs and other factors, such as the health of both parents and even the child's preference.

If you have questions about child custody in Florida, now is the perfect time to consult a Jacksonville family law attorney by contacting Ellerin & Hutchinson.

In Los Angeles, police say that they are investigating an 11 year old boy's suicide.  They say that they did not learn key information about the boy's abusive stepfather until after the boy hung himself.

The Los Angeles Times reported that the investigators on the case lacked key information because of communication difficulties with the Department of Children and Family Services.  On June 11^th, workers came to the boy's home after he told a counselor at his school that he wanted to kill himself.  Hours after their visit to the home, the boy was found dead.

After his suicide, investigators learned that the stepfather had a history of domestic violence and drug abuse.  He answered the door when workers arrived to speak with the boy even though the court had banned him from living at the home.

If you are a victim of domestic violence, it is important that you speak with an attorney that handles family law cases.  Domestic violence could impact the outcome of related family law matters, like divorce and child custody.  To learn how a Jacksonville family lawyer can help you, contact Ellerin & Hutchinson today!

Anytime a couple decides to separate or divorce and children are involved, the parents will have to create what is called a "parenting plan".  Essentially, a parenting plan is an agreement between both parents that, in the event that a conflict regarding child custody or visitation, presents solutions.  By creating parenting plans, mothers and fathers are often able to avoid future arguments as the terms of visitation and child custody are clearly outlined.

Parenting plans usually address things such as:

§  physical custody and parenting time

§  who has decision making authority

§  how children will be transported and exchanged between parents

§  who will have the children during holidays and school breaks

§  payment of child support

§  how disputes will be resolved

§  healthcare for children

§  overnight visitation and general visitation

§  how decisions will be made about the children

§  how conflicts will be resolved

§  insurance for children

§  taxes and wills

Are you looking for assistance with modification of a parenting plan in Florida?  A Jacksonville family lawyer from Ellerin & Hutchinson can help you.  Contact us now!

This Friday, Dwayne Wade's divorce is expected to be finalized.  Even though the divorce will at last be final, other family law matters between Wade and his soon-to-be ex are yet to be resolved.

News sources report that a Chicago judge ruled cause exists for a bifurcate judgment in Wade's case.  This means that while the divorce will be granted by the court, separate legal battles will continue regarding child custody and property division.

In August 2007, the couple officially separated.  They are expected to appear in court in July to resolve child custody matters.  The couple has two sons, ages 8 and 3.   

Also in July, Wade is expected to become a free agent, although he would like to still play for the Heat.  It is said that he could be offered a contract worth $127 million.

If you need assistance with a divorce in Jacksonville, contact Ellerin Hutchinson and arrange to speak with a Jacksonville divorce attorney.

Recently, a mother from the state of California was able to find her estranged children using the social networking site, Facebook.  According to news sources, the missing children were living in Polk, Florida and had been abducted by their father when they were 2 and 3 years old.  The mother, 43 year old Prince Sagala, looked up her daughter's name on Facebook and then began communicating with her. 

The Associated Press said that, "Authorities tracked down the children, now 16 and 17, outside Orlando, Florida, and arrested their father, Faustino Fernandez Utrera, 42, on May 26. He faces kidnapping and child custody charges".

Now it is reported that Sagala is frantically trying to get child custody of her children before they turn 18.  She fears losing them forever as they will be adults soon.

In 1995, Sagala came home to find that her children and her husband had disappeared.  She and her husband were on the verge of divorce and family members told her that he had taken the kids to live in Mexico City. 

At this time, the children are staying with a family friend in Florida as their father has been placed in jail. 

Do you need assistance with a child custody matter in Jacksonville?  If so, contact Ellerin Hutchinson to discuss your legal options with a Jacksonville family law attorney!