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!

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.

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.

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.

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!

Once a person has been convicted of domestic violence or abuse, it is usually very difficult to get custody or visitation rights-difficult, but not impossible. The key to winning back your rights is by establishing that spending time with you is in the child's best interest.

As with any issue involving children, the judge's main concern is protecting the child's best interests. Right now the judge considers you a threat to the child's welfare and wellbeing. But if you can prove that you've changed and that it would benefit your child to see and spend time with you, may be able to convince the judge to award you limited custody and visitation rights. This might include short visits with your children in public places or supervised visitation.

A history of violence or abuse is something judges look for whenever they are considering a child custody and visitation arrangement. Those parents without a history of violent behavior will be given more rights to their children than those who have a history of abuse. That's not to say a domestic violence arrest will squash a parent's chances of obtaining custody or visitation, it's just that the judge may choose to only grant limited access to the children.

If your child's other parent has been awarded custody or visitation, and you think his or her abusive behavior makes them a threat to the child, you can ask the judge to reduce their rights or order supervised visits only. Judges are often willing to award supervised visitation, as children benefit from having relationships with both parents. There are times, however, when the abuse is so bad the child must have no contact with the parent.

If you have a question about your custody or visitation rights, or if you are trying to protect your child from an abusive parent, a Jacksonville family law attorney at Ellerin Hutchinson can help. To schedule a consultation to discuss your case, click here to fill out a case evaluation form or simply call the office at (904) 866-4489.

At one point, not very long ago, mothers were so obviously favored in matters involving child custody, child support, and alimony.  Today, judges recognize the vital role a father plays in his children's lives, and now treat them equally when making decisions in regards to custody and support. Well, most of the time.  Unfortunately, even in these modern times fathers' rights are still being overlooked or ignored for one reason or another. 

If you are a father who is going through a divorce or separation, or if you are fighting for custody or visitation rights, you should take a moment to contact attorney Scott Ellerin. As an experienced Jacksonville fathers' rights lawyer, Mr. Ellerin has witnessed many men treated unfairly in the family court system, and is committed to helping his clients avoid this mistreatment.  Mr. Ellerin believes in the value a strong relationship between a man and his children, and can ensure your parental rights are not undermined by your ex-wife or girlfriend in any way.

Do You Feel Your Rights as a Father Are Being Ignored?

If you feel you are being treated unfairly in court, or if you feel your ex wife or girlfriend is trying to sabotage your custody or visitation rights, there are things that can be done to put an end to this.  When it comes down to it, the judge will base his or her decision on what is in the best interest of the child. An attorney can gather the evidence and testimony from social workers and child psychologists that will convince the judge that you deserve to have custody or visitation rights to your children.  An attorney can also help if your ex-wife or girlfriend is asking for an unreasonable amount of child support.  There is a fine line between providing enough money to ensure your child has the financial resources he or she needs, and being taken to the cleaner.  Mr. Ellerin can protect your best interest during child support hearings, and help you reach an arrangement that is fair to both you and your children.

Do not allow your rights to be ignored or overlooked in anyway.  Jacksonville father's rights attorney Scott Ellerin can advocate your parental rights and ensure your case is resolve in a way that preserves the relationship you cherish with your kids.

Contact the Law Offices of Scott Ellerin today!