Skip to Content

Where Tradition Meets the Future®

Beth T. Vogelsang serves as Chair of the firm's Divorce, Marital and Family Law Department. She handles family law matters in a confidential, compassionate and professional manner. Beth represents clients in divorce matters of all sizes. Her clients come from different walks of life including business owners, professional athletes, physicians, lawyers, teachers, managers, homemakers and retirees.  Beth handles matters that involve business valuations, alimony/spousal support, parenting rights and obligations, and identification and tracing of marital assets and income. She also drafts and litigates matters involving prenuptial and postnuptial agreements. Beth has been Board Certified in Marital and Family Law since 1992.

Beth also handles tort and business litigation and appeals. She has significant experience representing property and casualty insurers in class action litigation and coverage disputes. She has tried numerous jury and non-jury trials since 1985, and she has handled more than 30 appeals. She is admitted to practice in all Florida state courts, the United States Supreme Court, the Eleventh Circuit Court of Appeals, and the United States District Courts for the Southern and Middle Districts of Florida.

Beth has received much recognition for her work in the divorce and family law field. She has been included in Florida Super Lawyers magazine every year since 2012 and named one of the "Top 50 Women Attorneys in the State" in 2014, 2015, and 2019. Beth has been included in Best Lawyers in America (2013-2021) and was named the "Fort Myers Family Law Lawyer of the Year" in 2015, 2017 and 2019. She was also named a "Top Lawyer" by Naples Illustrated (2018-2020).

Prior to joining Henderson Franklin, Beth practiced law for 25 years in Miami. Beth is married to Rich Tyler, and they have three children, Ryan, Stephanie and Travis. 

Articles

Professional and Civic Affiliations

Beth is a member of the American Bar Association, the Florida Bar Association, the Collier County and Lee County Bar Associations, and the Collier County Section of the Florida Association of Women Lawyers. She also serves as a member of the Equitable Distribution Committee of the Family Law Section of The Florida Bar. Beth is an alumnae of the Bonita Springs Chamber of Commerce (n/k/a SWFL, Inc.) Leadership Class of 2010-2011.

[page-break]

Published Opinions

  • Malu v. Security Nat’l. Ins. Co., 974 So. 2d 625 (Fla. 4th DCA 2008)
  • Nwosu ex rel. Ibrahim v. Adler, 969 So.2d 516 (Fla. 4th DCA 2007)
  • Millenium Diagnostic Imaging Center, Inc. v. Security National Insurance Co., 882 So. 2d 1027 (Fla. 3d DCA 2004)
  • Kilgore v. Dawson, 675 So. 2d 217 (Fla. 3d DCA 1996)
  • Leonard v. Leonard, 613 So. 2d 1339 (Fla. 3d DCA 1993)
  • Associated Elec. and Gas Ins. Services, Ltd., 552 So. 2d 1110 (Fla. 3d DCA 1989)
  • Meloan v. Coverdale, 525 So. 2d 935 (Fla. 3d DCA 1988)
  • Brackenridge v. Ametek, Inc., 517 So. 2d 667 (Fla. 1987)

Christina "Christy" O’Brien concentrates her practice in the areas of Divorce, Marital and Family Law. More specifically, her family law practice includes dissolution of marriage (divorce), custody, paternity, child support, domestic violence injunctions, post-judgment modifications and dependency issues. Christy understands that these types of cases can be highly emotionally charged, especially when there are children involved, and she will develop a parenting plan or marital settlement agreement that is tailored to the needs of each individual family.

Throughout her career, Christy has handled and tried both jury and non-jury trials in the Twentieth Judicial Circuit (Lee, Charlotte, Collier, Hendry and Glades Counties) and the Twelfth Judicial Circuit (Sarasota, Manatee and DeSoto Counties) Florida. She is admitted to practice in all Florida State Courts, as well as the United States District Court for the Middle District of Florida.

In 2020, Naples Illustrated named Christy to their list of "Top Lawyers" for her work in Family Law.

Prior to joining Henderson Franklin, Christy had her own practice in Fort Myers where she handled family law and civil cases. Christy resides in Fort Myers with her husband and three sons. In her spare time, she enjoys running, traveling and boating with her family.

Articles

Professional And Civic Affiliations

Christy serves on the Board of Directors for Fort Myers American Little League. She previously served on the Board of Directors for the Association of Family Law Professionals, Coalition for a Drug-Free Southwest Florida, Family Resource Center of Southwest Florida, and Lee County Legal Aid Society.

Christy is very active in the Family Law Section of The Florida Bar, and is currently a member of the Family Law Rules Committee. She previously served on the Domestic Violence, CLE, and Rules and Forms Committees. Christy is also a member of the Lee County Bar Association, the Association of Family Law Professionals, and the Lee County Association of Women Lawyers. She is also a member of the Fort Myers Track Club.

Kayla is a stockholder in the firm’s Divorce, Marital and Family Law practice area. She handles cases involving dissolution of marriage (divorce), child custody, paternity, child support, adoptions and domestic violence injunctions. Kayla is admitted to practice in all Florida state courts and in the U.S. District Court for the Middle District of Florida. Prior to joining the firm, she served as a summer associate and was a law clerk for the Honorable David A. Demers in Florida’s 6th Judicial Circuit Court.

Throughout her career, Kayla has received much recognition including being named a "Rising Star" by Florida Super Lawyers® (2016-2020), a "Top Lawyer" by Naples Illustrated magazine (2019), and received a 2021 Best Lawyers: Ones to Watch recognition for her work in family law. She was also recognized as an "Up & Comer" by Florida Trend magazine, an honor awarded to only 138 Florida attorneys in 2017.

While earning her law degree and Masters in Business Administration at Stetson University, Kayla served as chief of the Ambassador Program, secretary of the Business Law Society and president of the Running Club. She also enjoyed tutoring third graders in the Tampa Bay Area to help them pass the FCAT with Stetson's Lawyers for Literacy program. It is not surprising upon graduation, Kayla received the Dean’s Award and William F. Blews Pro Bono Award. While a student at the University of South Florida, she was a member of the Honors College Student Council and conducted research on the effects of student leadership on the college campus. Kayla was also a 400 hurdler for the Women’s Track and Field Team.

Kayla is a Fort Myers native and graduated from Fort Myers High School. When not working, she enjoys spending time with her husband, two children, their dog, Adelaide, traveling and running. Kayla is also in the process of getting her private pilot’s license.

Professional and Civic Affiliations

Kayla is active in the community and devotes time to serving on the Harry Chapin Food Bank of Southwest Florida's Board of Directors and volunteers as a coach with the Fort Myers High School Track & Field Team. In the legal community, she serves on the Florida Bar’s Young Lawyer’s Division Board as one of two governors for the 20th Judicial Circuit and is chair of the Health & Wellness Committee. Kayla is also a member of the Association of Family Law Professionals and a barrister for the Calusa Inn of Court. She is past-president of both the Lee County Association for Women Lawyers and the Lee County Bar Association’s Young Lawyers Division.

Published Opinions

  • Leach v. Kersey, 162 So.3d 1104 (Fla. 2d DCA 2015)

Nicole Goetz understands the sensitive and often highly-emotional nature of family law. With over twenty (20) years of experience, she provides skilled and compassionate counseling to assist her clients through every aspect of divorce, marital and family law, including alimony, annulment, enforcement, jurisdictional issues, modification, parental responsibility, paternity, and timesharing to name a few.

Nicole often handles high-net-worth divorces involving equitable distribution of closely-held companies and other intricate, complex matters. She is also sought out by other attorneys to provide advice and assistance in appellate matters. Nicole is admitted to practice in Florida and is a member of the United States Supreme Court Bar. Some of her significant published opinions include:

  • Erp v. Erp, 976 So. 2d 1234 (Fla. 2d DCA 2008)
  • Barlow v. Barlow, 224 So. 3d 868 (Fla. 2d DCA 2017)

Nicole has authored multiple pieces for legal publisher, Aspatore Books, including the book: Divorce Proceedings in Florida: What You Need to Know (Quick Prep). The book provides an overview of the divorce process and serves as a guide to anyone considering filing, responding to a filing, or who has already filed for divorce. The book is available for purchase on Amazon.com. In addition to her book, Nicole writes articles and insights into family law. Her most recent articles include:

Throughout her career, Nicole has been honored as Florida Trend Magazine’s "Legal Elite" (2007, 2008, 2009, and 2010), named a Florida Super Lawyer "Rising Star" (2010 and 2011), and a "Top Lawyer" by Naples Illustrated Magazine (2019 and 2020). Prior to joining Henderson Franklin, Nicole was the managing partner of two boutique family law firms including her own firm in Naples, Florida. She was born in Virginia and has called Southwest Florida home for over 40 years.

Professional & Civic Affiliations

Throughout much of her career, Nicole has been actively involved with the Family Law Section of the Florida Bar, a Section with approximately 4,000 statewide members. She has served the Section, in countless ways, including ultimately leading the Section as Chair during the 2017-2018 bar year. During that year, she accomplished a re-write of the Bounds of Advocacy, and as a result of her extensive involvement with the Family Law Section, she has been involved in every legislative change to Florida’s Equitable Distribution laws for the last 14 years.

Nicole remains a Trustee of the Section, committed to the Section’s mission. In addition to her involvement with the Family Law Section, she has previously served on the Florida Bar’s Family Law Rules Committee as well as serving as both a member and Chair of the Florida Bar’s Twentieth Circuit Grievance Committee “B.” Nicole is a member of the American, Florida, Lee and Collier County Bar Associations.

Jennifer Siegal-Miller understands the sensitive and emotional nature of Divorce, Marital and Family Law. Since the inception of her career, she has been advocating and guiding her clients through the family law process, including dissolution of marriage (divorce), adoption, paternity, child support, and spousal support enforcement. Jennifer also has experience in appellate litigation.

Prior to joining Henderson Franklin, Jennifer practiced law in Naples, Florida, and New York, New York. In New York, she worked with a boutique Manhattan firm representing foster care agencies and adoptive families. In that role, Jennifer’s primary area of focus was Termination of Parental Rights petitions and representing families in both private and state-subsidized adoptions. She also represented foster parents in proceedings and represented the firm’s client agencies on appeal.

Jennifer received her B.A. in English from the University of Texas at Austin and her J.D. degree from the University of Denver College of Law. During her tenure at UT, she also attended the Boston University Study Abroad program in London. While at UT, Jennifer was a member of Sigma Delta Tau sorority and rowed for the Texas Crew team.

Jennifer is admitted to practice law in all Florida, New York, Washington, DC, and Massachusetts courts.

When not working, Jennifer loves spending time at the beautiful Florida beaches or the pool with her three boys and her husband, Adam. She also enjoys playing tennis, paddle boarding and yoga.

Professional And Civic Affiliations

Jennifer serves as New Parent Ambassador at the Community School of Naples. She is an active member of the Mitzvah Day Committee and Preschool Advisory Committee at Temple Shalom in Naples. Jennifer is a former member of the Jewish Family and Community Services Board of Directors. She also volunteers for Meals of Hope and the Shelter for Abused Women & Children.

Iman Zekri practices in the firm’s Divorce, Marital and Family Law Department. She is admitted to practice in all Florida state courts.

While in law school, Iman was an editor of the Florida Journal of International Law and a member of the Florida Moot Court Team. Iman excelled as a member of the Florida Moot Court Team, competing in the 33rd Annual Zimmerman Kiser Sutcliffe Final Four Competition, where she and her partner received the Best Team Award. Iman also competed in the Philadelphia Regional 2020 ABA National Appellate Advocacy Competition, where she was presented with a Best Advocate Award. Iman was inducted into the Order of Barristers in 2020 for her exceptional skill in oral advocacy and brief writing.

Iman interned for the Honorable Carol Mirando at the U.S. District Court for the Middle District of Florida in the summer of 2018 and worked as a summer associate at Henderson Franklin during the summer of 2019. Iman also served a Certified Legal Intern in the Firearm Enforcement Unit at the State Attorney’s Office for the Eighth Judicial Circuit in Gainesville during the spring of 2020. While attending law school at the University of Florida Levin College of Law, Iman received book awards for being the top of her class in Appellate Advocacy, Legal Drafting, and Legal Research.

Iman is a native of Southwest Florida, and she graduated from Riverdale High School’s International Baccalaureate program in 2014. As a youth, Iman was a member of the Hendry County 4-H program for eight years and a member of the National Junior Horticultural Association for four years. When Iman is not at work, she enjoys baking, playing tennis, traveling, and spending time with her family.

Articles

Professional and Civic Affiliations

Iman is a member of the Lee County Bar Association.

Our marital and family law attorneys represent clients in a wide variety of legal matters. From simple uncontested divorces to the sophisticated and complex dissolution of marriage cases, our team is skilled in handling pre-suit settlement negotiations, litigation, and alternative dispute resolution. Our experienced attorneys conduct trials, handle collaborative divorces, mediation, and arbitration, as well as appeals of divorce and other family law matters.

Our Approach

Our attorneys have a depth and breadth of knowledge and experience handling family law trials and appeals, and we endeavor to resolve our clients’ difficult and intimate disputes with dignity and professionalism. Our clients come from all walks of life. Whether you are a young professional, a business owner, a CEO, or a retiree, we understand the highly charged emotional aspects of divorce. We are dedicated to helping our clients smoothly navigate the divorce process while striving to obtain the best possible outcome for our clients.

Our Practice Areas

Henderson Franklin’s family law practice handles a variety of marriage-related matters for our clients. From divorce proceedings to pre- and post-nuptial agreements, child custody matters and adoption proceedings, our attorneys skillfully navigate the sensitive complexities involved in these circumstances. Our practice areas include:

  • Divorce
  • Equitable Distribution
  • Business Valuation of Closely-Held Businesses
  • Division of Retirement Accounts
  • Alimony
  • Child Related Issues
  • Child Support
  • Time-Sharing and Decision Making
  • Adoption
  • Prenuptial and Postnuptial Agreement
  • Paternity

Full Service Representation

After life-altering family law proceedings, clients are often faced with a variety of adjacent issues. Working with Henderson Franklin attorneys ensures our clients will uniquely benefit from the firm’s wide-reaching expertise in multiple areas of law. Whether our clients require changes to their estate plan after divorce, restructuring of their assets and holdings in corporate entities trusted advice regarding their real estate portfolio or litigation services to efficiently navigate the ultimate outcome of their recent separation, our firm is equipped to collaborate across practices and areas of law. As strategic partners who understand our clients’ ultimate objectives, Henderson Franklin attorneys look for opportunities to reduce risk, increase profitability and minimize complex issues in a variety of unique legal circumstances. Our clients rely on our professional, experienced representation and exceptional client service.

Child Custody and Child-Related Issues 

Henderson Franklin’s marital and family law attorneys help families with child custody and other child-related issues that arise during a divorce. These issues include developing a parenting plan and timesharing schedule that works best for parents and their children and determining the appropriate amount of child support. In some cases, there may be substance abuse issues with one of the parents that require professional mental health evaluations and safety plans for children. In other situations, a parent may seek to move to a different geographic area, and our attorneys have experience handling relocation trials.

Our Approach

We strive to help our clients minimize the unintended emotional damage to children and families that often occurs in these delicate child-related matters. We encourage settlement through mediation or other alternative dispute resolution where possible, including the use of mental health experts to intervene in some situations. There are always times when litigation is required, and in those situations, you can be confident knowing that our experienced attorneys zealously represent our clients to make sure their voices are heard and their children are protected. Our goal is to help clients maintain healthy relationships with their children both during and after the divorce process.

Understanding Child Custody Cases

Courts will enter a parenting plan that is in the children’s best interests by evaluating several key factors. In Florida, parental responsibility for minor children is to be shared by the parents unless a specific finding is made that shared parental responsibility would be detrimental to the children. It is the public policy in the State of Florida that the children should have frequent and continuing contact with both parents following a divorce. There is no presumption that children should spend more time with their mother or their father after the divorce.

The list of criteria considered by courts in determining the appropriate parenting and time-sharing plan for families are set forth in Florida Statutes Sec. 61.13. Some of the key factors are:

  • A parent’s capacity and disposition to facilitate and encourage a close relationship between the other parent and the children
  • Whether a parent will delegate his or her parenting responsibilities to a third party after the divorce
  • A parent’s capacity to determine and consider the needs of the children rather than the parent’s desires
  • How long the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
  • Each parent's physical and mental health
  • The stability of each home
  • The geographic viability of a plan
  • Any history of domestic violence in a home

In evaluating and identifying our clients’ strengths in each of these areas, our family law attorneys help our clients focus on the importance of these factors and abilities.

Parenting Plans and Time-Sharing Schedules

In divorce and paternity cases, courts require that parents enter written parenting plans. The written plans must include the following:

  • A detailed description of how the parents will share responsibility for daily tasks associated with the children’s upbringing
  • A specific time-sharing schedule detailing when the children will spend time with each parent
  • A designation as to which parent will be responsible for all forms of health care
  • A provision that either parent may consent to mental health treatment for the children
  • A designation as to which parent will be responsible for school-related matters
  • Which parent’s address will be used for school-boundary determination
  • A description of methods and technologies the parents will use to communicate with the children

Child Support

Our marital and family law attorneys handle child support issues that arise in divorce and paternity cases involving minor and dependent adult children. Florida has a statutory system for determining the appropriate amount of child support, which depends upon how many children there are, how many overnights the children spend with each parent and each parent’s net income. All child support orders must also include a provision for health insurance for minor children when the cost is reasonable and accessible. The cost of child support is factored in when calculating the appropriate amount of child support. It is also necessary to apportion any non-covered medical, dental and prescription medication expenses of children to both parents.

Modifications and Enforcement Actions

There are times when child support and parenting plans need to be modified. While it is our goal to design an initial plan that works well for our clients long-term, our attorneys are available to discuss a modification of the parenting plan or amount of child support being paid when a substantial change in circumstances has arisen. Our lawyers frequently handle modification (or post-judgment) actions and represent our clients in dealing with post-divorce issues of support, timesharing, and relocation. We can also assist our clients with enforcement of previous agreements and orders of the court.

Adoption

Our child support and custody attorneys routinely handle adoption matters, including step-parent and family adoptions, and we are available to assist with the termination of parental rights and adoption of minor children. We help our clients understand the rights and responsibilities of adoption under Florida law to ensure this emotional process is carried out under the best possible circumstances.

Co-Parenting Recommendations During COVID-19

By: Christina O’Brien, Esq.

During this stressful and unprecedented time of COVID-19, many parents have questions about how to address their timesharing. At the time of this writing, there has been a “Safe At Home” Order issued, but there has not been a “Shelter In Place” Order issued. Thus, it is recommended that under the current Order, so long as everyone is healthy, you keep following your current parenting plan, whether it temporary or permanent. Stability and consistency during this otherwise uncertain time is very important for children.

Take proper preventive measures

If your parenting plan calls for an exchange in a public place, it is recommended that you exchange outside of the location without going inside to prevent any possibility of exposure. If possible, when you are exchanging then children at one of the parent’s homes, you should have as little contact as possible, and exchange the children either in the driveway or at the curb.

Is the exchange of children an essential activity?

If your parenting plan calls for airplane travel, it may be necessary to delay that timesharing until it is safer to do so. It is doubtful that a “Shelter In Place” Order will be issued in Florida or nationwide, but if it was, then typically you would be limited to essential travel. Courts all over Florida have addressed this issue differently. Some have found that during a “Shelter in Place” Order, the exchange of children between divorced or separated parents should be deemed an essential activity, while others have found that time-sharing should cease if that kind of order is issued. Again, as stated above, avoid having contact with others, including the other parent.

What happens if one parent tests positive for COVID-19?

If one parent becomes ill or is self-quarantined due to exposure to COVID-19, the parents will have to make a decision on whether the children have been exposed, and which parent should keep the children. This should be a family decision based on how the children and parents are feeling, with the goal of limiting exposure to the other parent and his/her family. There is no “right” answer, but understand that the Court will always look at which parent is acting in the child’s best interest.

Virtual visitation

Some parents will have to work more during this crisis, and others may be laid off and not working as much or working remotely. Parents should work together and cooperate with the ever changing situation. This should not be a time to look for an opportunity to keep the child from the other parent, but instead to look for alternatives on how your child can have contact with the other parent. Perhaps add in a FaceTime or Skype call each day, or have the other parent help with school work or educational activities on a videochat.

If you don’t have a parenting plan in place, keep in mind that the Courts encourage both parents to be involved in decision-making for the child. Both parents should have frequent contact with their children. Unless there is a safety issue and one parent tests positive or has exposure to COVID-19, this is not a time to withhold a child from the other parent.

“Once you bring kids into the world, it’s not about you anymore.” – Tony Gaskins

Remember to be patient and transparent. Always communicate with your co-parent. During this difficult time, be creative and always put your children’s needs first.

History

As the oldest law firm in Fort Myers, Henderson Franklin has a proud tradition of service and excellence. Since its founding in 1924, the firm has been actively involved in the local business community and a leader in the legal field. The firm’s steady growth has allowed it to expand and diversify its services. The following is a look at the firm’s rich history.

Henderson, Franklin, Starnes & Holt, P.A. Henderson, Franklin, Starnes & Holt, P.A. logo

1715 Monroe Street
Post Office Box 280

Fort Myers, FL 33902 Phone: 239-344-1100

Christina “Christy” O’Brien serves as the firm’s Divorce, Marital and Family Law Department Chair. Her practice includes all types of family law matters, including divorce, alimony, timesharing, paternity, domestic violence injunctions, post-judgment modifications and adoption issues. In addition, she also drafts and litigates prenuptial and postnuptial agreements.

Family law cases often involve challenging parenting issues; perhaps health and wellness issues exist involving alienation or substance abuse. If a family business is concerned, business valuations and marital assets and income tracing would be necessary.

Christy understands that family law cases can be highly emotionally charged, especially when children are involved. Relying on her experience, Christy develops customized parenting plans and marital settlement agreements tailored to the needs of each family. She is also an appointed Guardian Ad Litem in Lee County and certified to make recommendations regarding parenting plans that would be in the child’s best interest. 

Christy has handled and tried jury and non-jury trials throughout her career in the Twentieth Judicial Circuit (Lee, Charlotte, Collier, Hendry and Glades Counties) and the Twelfth Judicial Circuit (Sarasota, Manatee and DeSoto Counties) Florida. She is admitted to practice in all Florida State Courts and the United States District Court for the Middle District of Florida.

Naples Illustrated magazine named Christy to its “Top Lawyers” list for her work in Family Law for the years 2020-2022. Before joining Henderson Franklin, Christy managed her own practice in Fort Myers, where she handled family law and civil cases.

Christy resides in Fort Myers with her husband and three sons. She enjoys running, traveling, and boating with her family in her spare time.

Articles

Professional and Civic Affiliations

Christy is the current Chair of the 20th Judicial Circuit Grievance Committee A, and she previously served on the Board of Directors for the Association of Family Law Professionals, Coalition for a Drug-Free Southwest Florida, Family Resource Center of Southwest Florida, and Lee County Legal Aid Society

Christy is very active in the Family Law Section of The Florida Bar and is currently a member of the Family Law Rules Committee. She previously served on the Domestic Violence, CLE, and Rules and Forms Committees. Christy is also a member of the Lee County Bar Association, the Association of Family Law Professionals, and the Lee County Association of Women Lawyers. She is also a member of the Fort Myers Track Club.

Published Opinions

Henderson, Franklin, Starnes & Holt, P.A. Henderson, Franklin, Starnes & Holt, P.A. logo

Pelican Bay Financial Center
8889 Pelican Bay Boulevard, Suite 400

Naples, FL 34108 Phone: 239-344-1100

Privacy Notification

By using this website, you agree to use of cookies. We use cookies to provide you with a great experience and to help our website run effectively.