Florida Child Injury Lawyer Blog

Valeria Maxon and her husband lived in Mansfield, Texas, with their son, Alex. In 2006, Alex’s doctor told the Maxons that the child was developmentally disabled. The couple took the child to a Florida child therapy center.

It was at this time that Ms. Maxon started showing signs of mental illness, saying that Alex was dying and it was her fault because she was a bad mother. She was hospitalized for several days in Florida until her husband released her to return to Texas. After returning home, she became more delusional, saying that she was possessed by Satan and that their son was the Antichrist.

Both Ms. Maxon’s sister and one of her psychiatric doctors warned Maxon not to leave Alex alone with his mother. But in 2008 he left the house for an hour and half; when he returned home his wife informed him that she had drowned Alex in the hot tub. Ms. Maxon was arrested and charged with capital murder. She was found not guilty by reason of insanity, and was sent to a maximum security mental hospital.

That same week, Maxon was charged with abandoning his son and placing him in imminent danger of death or injury. Prosecutors argued that a reasonable person would not have left the baby with his mother when she was so clearly mentally ill. Jurors deliberated just over a half an hour before returning a guilty verdict. The maximum sentence for second degree murder in Texas is twenty years in prison.

Read more about this sad case at Mansfield father found guilty in wife's drowning death of baby.

When a Florida child enters the foster care system, he or she is supposed to be cared for or supervised by a large group of people including foster parents, case workers, and psychologists. Since foster children are already at risk of falling behind in school due to the stress in their home life, an undiagnosed or untreated learning disability can be disastrous for their chances of achieving success later in life.

In Florida and other states, judges have the right to appoint a surrogate parent to advocate for the educational needs of children in the foster care system who are suspected of having learning disabilities. These advocates can request testing and fight for extra help for these children in school. The main problem with the program so far is that there aren’t enough surrogates in the program to support all of the children who need help.

Surrogate parents are volunteers. Northeast Florida has been especially active in recruiting and training surrogates for Jacksonville, Florida area children. You can read more details of the surrogate parent program in northeast Florida at Surrogate parents fill needs of special-needs Jacksonville children.

Special education is vital to help children in need advance in school and generally in life. Unfortunately, many special needs children are not properly diagnosed, provided with proper instruction, or supervised at many public schools, private schools and day care centers. The lack of proper education and related supervision often times leads to injuries that could have otherwise have been prevented. If a child suffers an injury as a result of the negligence of a teacher or caregiver, contact a Florida Child Injury Lawyer to discuss the legal rights of the child and available courses or causes of action.

Deacon Richard Turcotte, chief executive of Catholic Charities announced recently the organization’s plan to bring homeless Haitian children to the US. Since then, he reports that he has been inundated with calls of support. According to the plan, any child considered “at risk,” including orphans, will be eligible to come to the US and be placed with an American family. Each child will be placed on a case-by-case basis. Turcotte cautioned that this will be a measured and temporary measure to help children who have been left homeless or orphaned by the 2010 earthquake that devastated Haiti.

What will happen to the children once they are placed in a family will depend on their situation. Some may be placed in foster care, with relatives, or even be adopted by an American family. So far, three sites have been designated in Florida to accommodate the children while they are being placed. The United States government will have to identify these children as officially “at risk” before the program can begin. According to Matthew Chandler, director of Homeland Security, the United States government is currently working on reuniting children with relatives before considering more drastic measures. Read more about the plans to help children orphaned by the Haiti earthquake at Plan to bring children to U.S. gathers steam.

Three small children may have saved their mother’s life recently. Their mother was washing dishes when her boyfriend and the children’s father, Jose Oliva, attacked her with a pocket knife. He reportedly threatened to take the children away from her and go back to Mexico if she ever tried to leave him. He then allegedly punched her in the back. The three children, all around pre-school age, then intervened to try to stop him from hurting her. Oliva apparently backed off. When he fell asleep sometime later, the woman escaped from the home with all three children and called the Hillsboro County, Florida Sheriff’s office.

The children suffered some bumps and bruises from the attack. Oliva was arrested without incident. He is being held on charges of domestic violence battery by strangulation, aggravated assault with a deadly weapon, child abuse and tampering with a witness. His bail has been set at $57,500.

Domestic violence is far too common in Florida homes and throughout the United States. Unfortunately, children are often caught in the middle of domestic disputes. Parents should always act in the best interests of a child rather by responding to the heat of the moment. Children are harmed psychologically when they witness violent events or even threats of violence.

Mr. Oliva will be entitled to the services of a a criminal defense attorney or public defender. Of course, in many domestic violence situations, there are several versions of the events. This case will be handled in criminal court. It may also be dealt with in family law court in custody and visitation proceedings.

You can read more about these three brave children who stood up to their mother’s attacker at Plant City kids injured trying to save mom from dad's attack, deputies say.

Twenty month old Dallas Walters was visiting his great aunt’s home with relatives when he was fatally attacked by the family’s Rottweiler. Reportedly, the child dropped a cookie on the floor, and when he went to pick it up the dog attacked him. The child was taken to the hospital after the attack but was pronounced dead sometime after arriving. The dog was supposed to be tied up in the backyard, but got loose and wandered into the house.

The Rottweiler was a one-year old unneutered male, and officials say there is no proof that the dog was registered or had received its rabies shot. It was euthanized the day after the attack. The dog’s owners said that they had owned the animal for about two months, and that it had not previously demonstrated aggressive behavior. Dallas’s father, Andrew Walters, says that he will be pressing charges against the dog’s owners.

Large or aggressive dog breeds should never be allowed unsupervised, especially around strange children, who may scare or spook the dog and cause it to act aggressively. You can read more about this child attacked by a dog and mauled to death at Dog that killed toddler is euthanized.

If you or someone you know has been injured in a dog attack, it is helpful to have the advice, counsel, and representation from a Florida child injury lawyer. It is important for parents and guardians to be advised of the child's rights and legal options when there are serious injuries or death resulting from a dog bite incident.

Stephen Hilla of El Dorado, New Mexico, picked up his three kids from his ex-wife for a visit last week and never returned. The Santa Fe County Sheriff’s department issued a warrant for his arrest soon after. Hilla was picked up several days later in a Florida state park on Key West. He was found after a concerned passer-by called police to report that he had left two dogs unattended in his truck. The ranger was able to identify Mr. Hilla as a fugitive by using the NCIC database. Hilla was arrested and the children were placed in custody. Joanna Hilla, the children’s mother says she has been in agony not knowing where her children were for several days. Hilla will be taken back to New Mexico and will reportedly be charged with child abduction and child endangerment.

While it is natural for parents to miss spending time with their children after they lose custody of them, breaking the law to do so is never the right answer. It is important for parents in Florida and other States to follow the orders of Judges and to go through the legal system to make any changes regarding support, custody and visitation. For more information, see Abducted kids, father found in Florida.

Shannon Dedrick, the Florida seven-month-old who was reported missing from her home over a week ago, was found alive recently. The girl was found lying hidden in a small box under the bed of her babysitter / step-aunt, Susan Baker. Shannon appeared to be in good health. According to police, Ms. Baker had asked the child’s mother, Crystina Lynn Mercer, to give her permanent custody of the child, and Ms. Mercer handed the girl over to her.

Police became suspicious of Ms. Baker after learning that she and her husband had been arrested in 2000 in connection with the disappearance of their own three-year-old son over twenty years ago in South Carolina. That case has never been solved. Washington County, Florida Sheriff, Bobby Haddock, says that the women conspired to place the child with Ms. Baker, but they do not believe that Ms. Mercer was aware that Ms. Baker had hidden the child in a box under her bed.

According to the local news station, WLTX, Ms. Mercer has been charged with deserting a child, and Ms. Baker has been charged with aggravated child neglect. Both women have been charged with filing a false missing child report, filing a false report of a crime, interference with child custody, and contributing to the dependency of a child. Ms. Baker’s husband was arrested as well, but he has been released; police have not determined if they will charge him with a crime.

If these women had gone through proper channels to legally change custody of Shannon, all the drama and cost of the prolonged search could have been avoided, and the women would not be facing criminal charges. It is unclear why Ms. Mercer would so easily hand over her child to someone else, and why they would not go through regular channels, but more details will likely come out as the investigation continues.

Find out more about Sannon and her ordeal at Shannon Dedrick case: Police say mother gave girl to babysitter, both women charged.

Adoption agencies placing children with Florida parents are reportedly required by the Florida Department of Children and Families to inquire if the potential parents keep guns or ammunition in their home. Recently, a Brevard County, Florida couple hired an attorney after they took exception to being asked that question. The lawyer called a lobbyist for the NRA, who decided to try to change Florida law to restrict adoption agencies from asking about gun ownership.

According to the NRA, gun registration is illegal in Florida, and any documentation about gun ownership by a government agency is basically the same thing as establishing a gun registry. Further, gun rights advocates say that requiring parents to disclose gun ownership is a violation of their privacy rights. Senator Thad Altman, R-Melbourne, is sponsoring a bill to make “unlawful” for an adoption agency to ask about gun ownership. The bill is expected to pass.

Whether the bill passes or not, parental supervision along with the proper storage and locking of guns is a necessary step for gun owners to take to prevent gun related injuries and deaths involving children. The death or injury of a child from an accidental shooting is a great loss, and can be prevented with some basic safety precautions.

Read more about this bill at NRA: Ban adoption agencies from asking about gun ownership.

Ivana Linic, age 23, of West Palm Beach, Florida was convicted of starving her 5-month-old son to death. She may be sentenced to as many as fifteen years in prison. Linic claimed that she fed the baby adequately, but the child’s autopsy results showed that he had only gained two pounds in the five months since his birth. The father, who was not named, reportedly told police that Linic was angry about having a baby and had asked him to take care of the child. He did not accept the responsibility, due to his own struggles with substance abuse.

Newborn children are totally reliant on adults to care for them. When the adults are unable to do so, the results are often tragic. Parents who are unprepared or unable to take care of their own children should reach out for help rather than taking it out on their child. You can find out more about Nehemiah Chavis at Florida Mother Convicted of Starving Child to Death.

Bay County, Florida Sheriff’s deputies were called to the residence of Kimberly Smith and James Moore to settle a dispute. While they were talking to the couple, Moore admitted to the officers that he had smoked meth four days previously. One of the neighbors then accused the couple of cooking meth in front of the couple’s baby. Moore denied their claim, and Smith then also admitted to smoking meth three or four days ago.

After getting permission to search the couple’s home, the deputies found marijuana paraphernalia and residue. Moore refused to take a drug test. Both were arrested and charged with child neglect and possession of drug paraphernalia. The Florida Department of Children and Families took custody of the child and then turned it over to another family member. Find out more about this couple and their arrest at Two arrested after meth confession.

Rifqa Bary, a 17-year-old Sri Lankan girl who had been living in Ohio with her parents, ran away from home after converting to Christianity. Mohamed Bary, the girl’s father, reported that the police tracked Rifqa to Pastor Blake Lorenz of the Global Revolution Church in Orlando, Florida. Bary is claiming that the Orlando church is a cult and that Lorenz has brainwashed his daughter. Rifqa has claimed that she feared her parents would kill her for turning her back on Islam.

An Orlando judge ordered the girl into the custody of the Florida Department of Children and Families until a hearing could be held. At the hearing, Orlando Judge Daniel Dawson ruled that the proper jurisdiction for the case was Ohio. The case has been complicated by the Bary family’s failure to produce proper immigration documents to prove that Rifqa and the rest of the family are in the country legally. The judge ruled that Rifqa must remain in Florida until the immigration documents are furnished.

Find out more about this story at Runaway Christian convert's dad: Orlando church is a cult, and
Judge: Bary's Immigration Papers Must be Produced.

Twelve-year old Jennifer Valdivia was attending a Florida Marlins vs. Philadelphia Phillies baseball game last July when Ryan Howard hit his 200th career home run. Jennifer was lucky enough to catch the ball, but Howard apparently wanted the ball back.

A representative from the Phillies ball club approached Jennifer in the stands, and told her that if she handed over the ball, he would have Howard sign it for her and Howard would give it back to her personally after the game. After the game, Howard was nowhere to be seen, but a security guard found Jennifer and gave her ball that had been autographed by Howard - a brand new ball, not the one she had caught.

Upon learning what happened, Jennifer’s mother, Delfra Vanegas, called the Phillies and asked them to give her daughter the ball back. The Phillies did not respond until the family’s attorney sued the club for $15,000 and the ball. The Phillies then returned the ball to Jennifer, who says she has no plans to sell it.

When a fan catches a ball in the stands, it is generally accepted that they are allowed to keep it. Taking a ball from a small child because it is believed to be worth a lot of money is an act that is bound to make both Howard and the Phillies look bad to the general public. The fact that they mislead the girl into giving them the ball with false promises would have undoubtedly helped the girl’s case if it had gone to trial.

Find out more about this story at Jennifer Valdivia 12-Year-Old Sues Philadelphia Phillies Over Ball.

Glen Maxey of Fort Myers, Florida was arrested for drunk driving by deputies when Maxey’s ex-wife reported that she had witnessed him put one of their children on his lap while driving his swamp buggy earlier in the day. She said that he was driving erratically and one of the children fell out, badly bruising his back and causing him to vomit. Maxey admitted to having a hard day and drinking a few beers before driving the children around in the swamp buggy.

Accidents caused by drunk driving are so easily preventable. It is very frustrating to DUI related automobile accidents and related injuries making news headlines day after day. Alcohol impairs not only a person’s motor skills, but also his judgment – which leads many people to believe they are “OK to drive” even when they are putting the lives of their own children, not to mention other drivers, on the line.

To date, Maxey has only been charged with drunk driving, but child endangerment or child abuse charges may be forthcoming. You can read more about this Fort Myers, Florida child injury case at Child injured in alleged DUI, swamp buggy incident.

What do you get when you mix a violent angry ex girlfriend and a wedding? Trouble, danger, and injuries. You can read all about these less than serene wedding day by clicking through to read the Legal Briefs by David Wolf Newsletter.

In this month's newsletter, you can also read about my list of items NOT to bring to a wedding. If you have any other suggestions for what NOT to bring to a wedding, I would be interested in hearing from you.

Send me an e mail with your thoughts and comments. Of course, I am available should you have any legal questions in general or about a specific matter. At Wood, Atter & Wolf, P.A., we are On Your Side - At Your Side. We are not at weddings with any kinds of weapons or sharp objects.

Section 61.30, Florida Statutes is sets for criteria for establishing and setting child support in Florida. Florida Family Law lawyers utilize this statute to advise clients as to the respective rights and obligations as to child support
. When calculating or determining child support, the Court will review the monthly income of each parent which includes the following:

1. Salary or wages.

2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.

3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. "Business income" means gross receipts minus ordinary and necessary expenses required to produce income.

4. Disability benefits.

5. All workers' compensation benefits and settlements.

6. Unemployment compensation.

7. Pension, retirement, or annuity payments.

8. Social security benefits.

9. Spousal support received from a previous marriage or court ordered in the marriage before the court.

10. Interest and dividends.

11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.

12. Income from royalties, trusts, or estates.

13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.

14. Gains derived from dealings in property, unless the gain is nonrecurring.

At times, it can be challenging to determine a parent's income when the parent is self employed or has a job that commission based or income that otherwise fluctuates. A Florida Family Law lawyer can assist the client with this issues with an analysis of bank records, credit card statements, investment documents, employee files, tax returns, and other financial documents. In certain cases, a Forensic Accountant is helpful in analyzing the financial information to determine income in order to calculate child support guidelines pursuant to Section 61.30, Florida Statutes.

In some Islamic communities, a man can divorce his wife by simply declaring the words, "I divorce you" three times. Some men have even divorced their wives by the simple text message. A cowardly divorce executed in a cowardly fashion. You can read more about this topic at Legal Briefs by David Wolf - Divorce by Text Message "I divorce you". Please read my Legal Briefs article and then take a little time to read some of my other articles posted on this blog.

Technology is a great tool but as you can see it can also be used in a cold hearted manner. If you need legal advice, you can text, e mail, call, or see me in person. Like our firm motto, I will be On Your Side - At Your Side.