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Posted On: August 31, 2009

Florida Romeo & Juliet Law: Is Parental Consent a Defense?

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Written by: Lenorae C. Atter, Family Law Attorney - Jacksonville
latter@woodatter.com

A recent comment posted to the Romeo and Juliet Law blog posed a question regarding parental consent and whether a parent's consent helps to avoid the Romeo and Juliet legal process.
For those of you who do not know, Florida Romeo and Juliet Law is a law that makes it possible for an individual who has been convicted of having sex with a minor, when the sexual relations were consensual, to get their name off the Florida sex offender list. There are multiple provisions, which I have discussed in prior blogs as well.
To go to the question of whether a written consent of parents avoids the Romeo & Juliet process, the answer is, it depends. Typically these actions are brought because the parents of a minor discover that the minor is having consensual sexual intercourse with an older individual and they (the parents) decide to bring charges. That is normally what initiates the conviction process to begin with. Now, when you petition the court for removal from the sex offender list, and the parents are now okay with the situation, then it would not hurt to have their consent.
However, as I told the individual that sent me the question, if charges were brought by an uninterested person (not the parents or the minor), then having the parents on your side may help to avoid the conviction. In law, there are no guarantees. If you or someone you know if affected by these laws, then it is best to contact an attorney.

Posted by Keith L. Maynard and Michael A. Atter | | Email This Post

Posted In: Criminal Law

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Posted On: August 12, 2009

Parental Alienation Syndrome in Child Custody Cases

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

More courts throughout the country including Florida are recognizing a condition called Parental Alienation Syndrome or PAS. PAS in Florida is most recognized in contested child custody cases. PAS occurs when one parent pits the child or children against the other parent in a child custody dispute and indocrinates the child with disparaging remarks about the other parent in an attempt to wreak damage to the parent/child relationship and to taint the child's view of the other parent. In some cases where PAS has been alleged, the courts have transferred custody to the parent who is being alienated in order to preserve the relationship. In some jurisdictions, PAS is charged as a criminal offense. In Florida and most other jurisdictions, the courts use the best interests of the child standard and most often, alienating one parent from the child is not in the child's best interests. For more information about this issue and other issues involving divorce, child custody, child support, or family and criminal law issues, please contact our firm for expert advice.

Posted by Keith L. Maynard and Michael A. Atter | | Email This Post

Posted In: Criminal Law

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Posted On: August 7, 2009

Florida Newly Wed Murder Plot and Family Law

Written By: Lenorae C. Atter, Family Law Attorney
latter@woodatter.com
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Recently married, Dalia Dippolito, was arrested for attempted the solicitation to commit first degree murder against her husband. The Boynton Beach case has sparked national attention, since her arrest on Wednesday, August 5. On Thursday, Dippolito was released on bond and placed on house arrest, in the home of her mother.
Many are asking why a newlywed would plot to kill as oppose to divorce. The question then becomes whether she married to kill in the first place. In a Florida divorce, a short-term marriage does not typically provide for alimony and division of assets are only those accumulated during the marriage. If most of the wealth was established prior to the marriage, Dippolito would not get much out of a divorce. As a widow, however, she would have gotten her share as determined by will, life insurance policies, etc. That could have been the motive behind the plot to kill.
Dalia Dippolito allegedly paid a hit man (turned out to be an undercover officer) $1,200 for a handgun and $3,000 to kill her husband. The Boynton Beach police went along and even staged a crime scene at the home while the wife, Dippolito, was at the gym. It was not until she was taken to the police station that Dalia Dippolito was informed that her husband is alive and was sitting in the adjacent room.

Posted by Keith L. Maynard and Michael A. Atter | | Email This Post

Posted In: Criminal Law

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