Nassau Florida Family Law & Divorce bLAWg www.jmmflaw.com

Easy Estate Planning for Young Professionals

Jan M. McCray Flemmons — Fri, 11 Jun 2010 21:04:18 +0000

Join us on Thursday, June 24, 2010, at 6:30 p.m. Jan M. McCray Flemmons, Esquire, will present an overview of the estate planning process by educating attendees about the importance of wills, trusts, living wills, health care directives, and other documents to young professionals. You’ve worked hard to get where you are today. Don’t lose it all because you failed to plan for life’s inevitable ups and downs. Attendees are invited to ask relevant questions during a Q&A session after the presentation.

Graciously co-hosted by Laura Lott Harris and Lott’s Furniture! As a bonus, get a sneak peak at their upcoming Saturday Sale on June 29, 2010! Lott’s Furniture is located at 1112 S. 14th Street, Fernandina Beach (904) 261-6333.

Networking begins at 6:30 p.m. Jan will begin her overview around 7 p.m. Afterwards, stick around for more socializing and networking, so bring plenty of business cards! Complimentary adult beverages and light snacks will be provided.

On behalf of the Young Professionals Council of Nassau County www.ypcnassau.com!
YPC events are open to anyone between the ages of 21-40, living or working in Nassau County.

Filed under: Uncategorized

Nominated for Chamber’s 2009 Biz Leader of the Year

Jan M. McCray Flemmons — Fri, 19 Mar 2010 23:14:45 +0000

Pleased to announce that I’ve been nominated to receive the Amelia Island Fernandina Beach Yulee Chamber of Commerce’s 2009 Business Leader of the Year award. The award is given in recognition of exceptional leadership in our community. The award winners will be announced on April 15, 2010, at Business After Hours at the Hampton Inn & Suites Amelia Island Historic Harbor Front Hotel (that’s a mouthful–makes me less self-conscious about my lengthy name!).

Filed under: Uncategorized

Jan weighs in on social media and divorce in recent Naples Daily News article!

Jan M. McCray Flemmons — Wed, 27 Jan 2010 02:58:26 +0000

Jan was recently interview by Aisling Swift, a journalist for the Naples Daily News. Aisling was covering a case wherein arguably explicit social media postings were introduced in a child custody case. Read her full article, Accusations of Inappropriate Pictures Show How the Internet is Changing Divorces.

Posted in Uncategorized Tagged: child custody, custody, Dependency, Divorce, Social Media, Social Networking

Getting married or know someone who is?

Jan M. McCray Flemmons — Wed, 06 Jan 2010 15:21:01 +0000

See me at the Wedding Expo @ Amelia Island Golf Club Sun 1/10 1-4 pm! Prizes and goodies galore!

Posted in Uncategorized

Avoiding Conflicts Between Your Advance Healthcare Directive and Organ Donation Directive

Jan M. McCray Flemmons — Mon, 25 May 2009 18:47:26 +0000

If you have or are thinking about obtaining an advanced healthcare directive, an organ donation directive, or both, this information is vital! An advanced healthcare directive indicates which specific treatments are not desired at the end of your life—whether it be CPR, ventilators, or other life sustaining equipment. People often think of an advance directive as an indication of when to “pull the plug.” An organ donation directive indicates your desires about the donation of your organs and/or tissues upon your death. Individuals may become organ donors in the State of Florida by 1) legally executing a Uniform Donor Card, 2) adding “organ donor” to your driver’s license, 3) legally executing a living will, or 4) obtaining an advance healthcare directive.

A conflict between your advance healthcare directive and your organ donation directive may occur when you are, for all intents and purposes, dead (i.e. cardiac death or brain dead), but your body still functions so that your organs could be donated. If you have experienced cardiac death or brain death, your organs are still functioning and may be donated. However, if you have executed an advance healthcare directive, life sustaining procedures will cease upon your death, and organ death will soon follow. Because of relatively quick organ death, the time to harvest your organs into a new recipient is extremely (if not impossibly) small. Therefore, your advance healthcare directive essentially cancels out your organ donation directive because it has become impossible to keep the organs healthy long enough to place them in a recipient.

To avoid this conflict, contact my office at 904-321-0987 so we can draft your documents to preserve and prioritize your end of life wishes.

Posted in Uncategorized Tagged: advance healthcare directive, attorney, estate planning, living will, organ donation, uniform donor card

Downfalls of Social Networking

Jan M. McCray Flemmons — Mon, 25 May 2009 18:07:36 +0000

Everyone has heard about the benefits of social networking: connecting with old friends, keeping in touch with current friends, making new friends, searching for a new job, meeting new business prospects, meeting new friends who share a mutual interest, promoting yourself or your business, promoting a charity event, etc.

Popular tools for social networking are Twitter, Facebook, MySpace, Friendster, WordPress, and LinkedIn. Users of social networking services can often post messages, articles, photos, and videos. And post they are! As a society, we are living our lives out online, by blogging, and posting messages, photos, and video about the events in our daily lives. These social networking tools have become a digital diary—a diary in which we invite, and indeed encourage, the world to view.

While most of the information shared is innocent, some of the information users post can come back to haunt them, depending on who is viewing the users’ content. Generally, anyone with an internet connection can view the information users post. Viewers include individuals you may not have thought about when you posted those pictures of your latest and greatest adventure: future employers, current employers, criminals, parents, loved ones, friends, and attorneys! Today, we will discuss employers, criminals, and attorneys.

Current and Future Employers
One would be naive to believe that employers, both current and future, do not “google” employees. Employers want to know as much as they can about their employees, particularly a potential new employee. When an employer googles your name, the information you have posted on a social networking site is often displayed in the search results. Your employer will see your blog, messages, friends, and photos. Depending on the content of your site, employers can and will dismiss you from employment, or refuse to hire you. Again, depending on your industry, location, and site content, some employers may contact competitors and notify them about your site. The potential damage to your career could be permanent and unending. (Take a minute to google yourself and see what you find!)

Criminals
Criminals of all types troll the internet daily looking for their next victim. Of particular note are the pedophiles and pimps who are baiting their next money maker. Pedophiles and pimps frequently prey on teens who are insecure or lonely and lure them to a meeting wherein the teen may be used for sex or even sold into the sex slave trade. Other criminals scour social networking sites to steal your identity, by using the information you (or your friends) have posted about yourself.

Attorneys
Attorneys, particularly criminal and family law practitioners search the social networking sites. Attorneys may search their own client’s profiles or the profiles of the opposing party. The reason for this is two-fold. First, clients are not always completely honest about the information they are posting about themselves. Second, the information opposing parties post may be damaging to their side of the case. For example, say an individual posts a picture of him/herself giving a small child alcohol. This could be admissible in both criminal and family law cases. The State Attorney will use the information to build a criminal case against the individual and charge the individual with the applicable crimes. A family law attorney may use the same photo to deny the individual visitation or custody of the minor child. A photo with this type of content can be fatal to your case, and an attorney would like to know about them sooner rather than later.

With the above in mind, be aware of what you are posting online and what your friends are posting online about you. If in doubt, leave it out!

Posted in Alimony, Attorney Client Relations, Child Support, Child Visitation, Divorce, domestic violence, Enforcement, estate planning, Estates, marriage, military divorce, Money Matters, parenting plan, Probate, Wills

Same Sex Marriage in New Hampshire and Maine

Jan M. McCray Flemmons — Thu, 07 May 2009 17:59:02 +0000

This week, the legislatures of both Maine and New Hampshire have approved same-sex marriage bills. The governor of Maine immediately signed the same sex marriage bill into law. New Hampshire’s governor has not yet signed the same-sex marriage bill, and has indicated in the past that because New Hampshire recognizes civil unions, a same-sex marriage law is not necessary.

Source: http://www.cnn.com/2009/POLITICS/05/06/maine.same.sex.marriage/index.html?eref=rss_topstories

Posted in Uncategorized

Florida holding $28 million in child support payments, is it yours?

Jan M. McCray Flemmons — Mon, 20 Apr 2009 15:48:03 +0000

Florida’s Department of Revenue is currently sitting on $28 million of paid child support. The Department of Revenue said the funds have not been distributed because of incorrect information, addresses, etc. If you are supposed to be receiving child support, but have not received the payments, check with the Department of Revenue to see if they have your money, but are unable to locate you.

Read the full story from the Orlando Sentinel here.

Posted in Child Support Tagged: Child Support, Florida

Domestic Violence Prevention Training for Florida’s Law Enforcement Officers

Jan M. McCray Flemmons — Fri, 17 Apr 2009 21:13:28 +0000

Florida State University’s Institute for Family Violence Studies and Florida’s criminal justice community teamed up to create a training program to reduce the number of officer involved domestic violence incidents. The course, “Officer-Involved Domestic Violence: A Prevention Curriculum,” is available online at no cost to the officers. The course, the first of its kind in the United States, can be used as part of their mandatory educational hours to maintain their certification.

For the complete article, click here.

On a more personal note, as a prior domestic violence victim advocate, I worked on cases wherein the abuser was a law enforcement officer. Domestic violence cases in particular are problematic for the officers because individuals who have been charged with a domestic violence offense must usually turn over any weapons (including firearms) in their possession. Obviously, this can be problematic for law enforcement officers (who were usually given a desk job until the case was disposed of). In my experience, victims of law enforcement abusers were much less likely to partcipate in the prosecution of these charges because the lack of a firearm affected their abusers job or livelihood. In short, this course which focuses on prevention instead of reaction appears to be a very good way to eliminate this issue before it becomes an issue.

Posted in Uncategorized

Pimps use social networking sites to recruit minors for prostitution

Jan M. McCray Flemmons — Fri, 17 Apr 2009 20:53:58 +0000

In the same vein as the sexting article in this bLAWg, pimps are using the social networking sites to befriend and lure minor females into prostitution. These young women are then rented out on craig’s list or other similar sites. The girls are also relocated across the country as necessary, beaten and abused in order to force their compliance with their new lifestyle.

For more, click here.

Posted in Uncategorized

Effect of deportation on families (and welfare system)

Jan M. McCray Flemmons — Fri, 17 Apr 2009 20:46:44 +0000

The Sun-Sentinel (in Ft. Launderdale, Florida) has a very interesting article discussing the effect that deportation has on Florida’s welfare system. The article focuses on a father who has been deported after his asylum case was denied (after 16 years), but his wife and children (who are US citizens) remain in Florida, but are required to seek public assistance because of the husband/father’s lost income. In my area of Northeast Florida, I do not come across many immigration cases that affect my clientele, but thought this was an interesting subject that many of my colleages face on a daily basis.

For the complete article, click here.

Posted in Uncategorized

Higher Filing Fees for Divorce, Death, and Probate are being Debated

Jan M. McCray Flemmons — Fri, 17 Apr 2009 20:35:34 +0000

Florida’s House and Senate are toying with ways to make up the deficits created by the decrease in property tax revenue. Of particular interest to readers of this bLAWg are the fees for Divorce, Death, and Probate.

Divorce
The current filing fee for all divorces is $408 in the Fourth Judicial Circuit. For couples with assets valued at $50,000 to $250,000, the filing fee would increase to $1,000. Couples with assets of more than $250,000 would pay $2,000.The divorce tax is in the Senate budget but not the House plan. The state is expecting 72,000 divorces next year. (Revenue: $72.6 million).

Death
Both chambers propose a new $20 fee for recording burial rights. People reserving a grace space, underground crypt, mausoleum and the like would be required to register the purchase with the county clerk and submit a $20 payment. (Revenue: indeterminate).

Probate
Filing fees would rise for probate cases, which involve taking guardianship of someone who is elderly or disabled or settling the estate of a deceased person. The current $285 charge would rise on a sliding scale. For cases involving estates valued at $50,000 to $250,000, the filing fee would increase to $1,000; for estates of $250,000 to $1 million, the fee would increase to $2,000; for estates of $1 million or more, the fee would increase to $5,000. (Revenue: $63.5 million).

For the current list of filing fees for the Fourth Judicial Circuit (including Duval, Nassau, and Clay Counties), click here.

For a list of the proposed fee hikes (including just about everything you can think of) which will double or triple in cost, click here.

Posted in collaborative divorce, Divorce, estate planning, Money Matters, parenting plan, Probate, Wills

Collaborative Divorce Is Not For Everyone

Jan M. McCray Flemmons — Fri, 17 Apr 2009 19:30:37 +0000

Collaborative divorce is a gentler, more efficient, and less adversarial way to negotiate the terms of your divorce settlement (within the limits of the law of course).

Goal of Collaborative Divorce

The goal of collaborative divorce is for the divorce to be a win-win situation (if that is at all possible) for both parties.Each party may negotiate for what is most important to them, as opposed to what the State, Judge, or other individual may believe is most important to each party.Collaborative divorce is different from mediation in that mediation is a more adversarial process wherein each party uses bargaining chips to either reach their goal or prevent the other party from receiving what they value most.Collaborative divorce is non (or less) adversarial and, while both parties are feeling the emotional and financial aspects of divorce, the parties are less about blame, guilt, etc., and instead choose to focus on reaching a settlement that is reasonable or acceptable to both parties.

CollaborativeDivorceIs Not For Everyone Because…

While I am a whole-hearted believer in the collaborative divorce process, collaborative divorce is not for everyone.For example, collaborative divorce only works if both attorneys are properly trained in collaborative divorce techniques, if there is no history of domestic violence between the parties, both parties can trust the other party, both parties understand how collaborative divorce works, and each party agrees follow the rules.Further, in a true collaborative divorce, if the parties are unable to reach a settlement in the collaborative process, both parties must retain new attorneys and start over.Their collaborative attorneys cannot represent or serve as a mediator to either party during future divorce proceedings.

Attorney Training
Attorneys who practice collaborative divorce have received training on the collaborative process and the techniques required to help both parties reach a settlement.Usually, a collaborative divorce attorney will not choose to participate in a collaborative divorce if the opposing attorney is not trained in collaborative law/divorce.

Domestic Violence
If there is a history of domestic violence between the parties, collaborative divorce is not appropriate.The collaborative divorce process is based upon an even power distribution between the parties.Domestic violence indicates an unequal bargaining position of one of the parties.Therefore, domestic violence eliminates parties from the collaborative divorce process.

Trust Opposing party
Similar to domestic violence, the parties must trust each other throughout the process.If the parties cannot trust each other, there is unequal bargaining power and the collaborative process is not appropriate.

Understand and Become Dedicated to the Process
Both parties must understand how the entire collaborative law process works from start to finish.Both parties must be dedicated to the process.The collaborative process includes several meetings between the parties and their respective counsel.Each party and their attorney must be dedicated to the process and the meetings.

Follow the rules

If the collaborative divorce fails, then both parties must start over with new attorneys.
One of the biggest “cons” of a true collaborative divorce process, is the fact that if the parties are unable to reach an agreement through the collaborative divorce process, the parties must start over in a standard divorce process.The collaborative attorneys are prohibited from representing either party (or serving as a mediator for the parties) in dissolution proceedings.The reasoning behind this “rule” is that because of the collaborative process, each party and their attorney knows the facts of the case and the particular wants and needs of the opposing party.

The collaborative divorce process can be beneficial to both parties; however, the above listed items must be considered before the process is undertaken to ensure the collaborative process and the collaborative divorce attorney is a good fit for your unique situation.

Posted in collaborative divorce, Divorce, domestic violence

Sexting: Is Your Child a Child Pornographer or Sex Offender?

Jan M. McCray Flemmons — Fri, 17 Apr 2009 19:29:04 +0000

             Sexting is the act of text messaging sexual pictures from one individual to another. The pictures are usually taken with the camera in the child’s cell phone and texted to another. Today’s teens are doing it in record numbers. Sexting is part of their generation’s culture. Teens think sexting is fun and exciting. Most sexts are minor females sending pictures of their bodies to their boyfriends. Other sexts include pictures taken of a third party at a pool, locker room, sleepover, etc., and sent to other friends.

            Many times sexts that are initially private between two parties are eventually forwarded to an infinite number of people. These sexts are forwarded out of curiosity, pride, ridicule, or revenge. In addition to the humiliation and embarrassment involved, there is a new consequence: incarceration and sex offender status for the rest of a very long life.

            Sexts by their very definition are pictures including some form of sexual content (often of a nude or nearly nude body or body area). Further, sexts are most often taken or viewed by minors. Visual sexual content of a minor is also known as child pornography. Many states, including Florida, classify sexts as child pornography and therefore, prosecute these crimes as such. The children participating in sexting are either creating child pornography, are in possession of child pornography, or are distributing child pornography. If convicted (and minors are being charged and convicted of these crimes), the child can be, and often is, listed on the state’s sex offender registry, right along with the child rapists and other individuals who have committed much more monstrous crimes than sexting.

            Conviction of the above mentioned crimes and the listing the sex offender registry for a young person has devastating consequences, such as social stigma, rejection from college, and the inability to gain or retain a job. Imagine a precocious thirteen year old who sexts and faces a lifetime of stigma. The consequences for sexting are dire. Officials in Vermont and other states are drafting legislation to create diversionary programs (such as education about the risks and consequences of sexting) or downgrading sexting from a felony to a misdemeanor.

            One young man in Florida has not been so lucky. Phillip Alpert forwarded sexts of his girlfriend of two and one-half years to his friends after a fight between the couple. He was convicted of sending child pornography and received five years of probation. He is also on Florida’s sex offender registry.

            A young lady in Ohio suffered another fate. Jesse Logan committed suicide after the sext she had sent her boyfriend was circulated to hundreds of other children at her local high school and surrounding high schools. The humiliation and embarrassment where overwhelming and she hung herself in her closet.

            Best estimates are that one in five minors are sexting. If you do not believe your child is sexting, you may want to check their cell phone, or at least talk to them about the moral and legal risks and consequences of sexting.

For more information about how to talk to your child about sexting:

http://www.commonsensemedia.org/talking-about-sexting

http://criminal.lawyers.com/juvenile-law/Sexting-Pornography-or-High-Tech-Flirting.html

http://www.earthlinksecurity.com/articles/sexting/index.html

Posted in Uncategorized

Parent Education and Stabilization Course (aka Child First in Divorce)

Jan M. McCray Flemmons — Fri, 17 Apr 2009 19:26:07 +0000

The State of Florida requires all parties who have children who are divorcing (or if the parties were never married, but wish to establish custody, visitation, and/or child support, or a parenting plan) to attend a state approved Parent Education and Stabilization Course a/k/a Child First in Divorce. This class usually takes place on a Saturday and lasts about 4 hours. The class teaches parents how to adjust to the changes in their family and how to co-parent in a non-adversarial and nurturing way toward the children. This class is required by all judges in the State of Florida. If the class is not completed within 45 days of the service of the Petition, the judge may suspend or deny visitation of the parent who has not completed the class until the class is completed. The class is available online for those parents who do not reside within the State of Florida. The online class must be approved by the State of Florida and is only acceptable if the parent no longer resides in the State of Florida.

In Nassau County, this class is offered by McPherson Training Concepts in Yulee and Clear View Concepts in Fernandina Beach. Clear View Concepts is a new provider who has recently received certification and judicial approval. Both providers charge approximately $45 per person to take the course. Additional courses are available from each provider and may be taken as an option on an individual basis or ordered by the judge hearing the parenting plan case.

Other providers are located in Jacksonville, if those locations are more convenient for you. Click here for a state-wide list of providers, locations, fees, dates, and times.

Posted in Child Visitation, Divorce, parenting plan Tagged: Divorce, parenting plan, time sharing, visitation