The term “custody” in the context of parent/child relationships is no longer a term that is recognized by Florida law. The term was eliminated a few years ago from Florida Statutes in every situation where it previously appeared in context. The concept of “custody”, as previously known, is now divided into two separate and distinct […]
Category: Child Custody
Communicating With Your Ex on Custody Issues
After a relationship ends, there are often hard feelings between the parties. Communicating with your ex is usually the last thing you want to do. However, if you have children together, you will need to have discussions with your ex. Keep in mind, that when deciding parental responsibility (decision making authority) for your child(ren), the […]
Modifying Final Judgments Part II:
Don’t just settle to get this over…Get it right the first time and fight for what you want in your divorce or paternity case right now. Last week, we discussed the fact that equitable distribution judgments are generally non-modifiable. This week we will examine modification of custody orders. Fla. Stat. 61.13(3) states, “…A determination of […]
Forssell v. Forssell
In Forssell vs. Forssell, the appellate court reversed a non-final order suspending time-sharing because the trial court did not indicate what if any steps would be required of the father to reinstate his time-sharing. The appellate court also reversed and remanded an order denying the dismissal of a separate domestic violence injunction. Both parties requested […]
Realistic Custody Expectations in Florida Family Court
Often, potential clients enter an attorney’s office with high hopes and lofty goals. Many want their “day in court” and do not wish to settle for less than 100% of their original goal. The reality is that the Court is not in business to make you happy. The Family Court is a court of equity. […]
Parental Alienation
Parental alienation occurs when one parent takes steps to isolate the child through words and actions meant to damage or destroy the child‘s relationship with the other parent. These steps are often deliberate and malicious on the part of the alienating parent. Alienation often happens when parents are ending their relationship and can be committed […]
“I’m the child’s Grandfather/Grandmother, don’t I have rights to see my grandchild?”
This is a difficult reality for most grandparents, but the short answer is probably no. The right of parents to rear their children and to have the privacy to choose with whom they associate is a “Fundamental Right” protected by the 14th Amendment of the U.S. Constitution. A Fundamental Right is a right that is […]
New Florida Custody Law Pending Florida Senate Bill 668
The Florida Senate approved a new timesharing bill on March 8, 2016. A portion of the bill deals with changes to the alimony statute and the other portion changes the current timesharing statute. If passed, the bill would modify Florida Statute 61.13(2)(c)(1) by instructing courts that are establishing an initial parenting plan to start with […]
Cell Phones and Social Media in Family Law Litigation: “Don’t say, or do, anything online, or via text, that you wouldn’t say, or do, in front of the judge.”
This is a very difficult subject to try to give advice upon because most of us are not feeling what you are feeling in that moment when you press “send” or “post.” During the family law litigation process emotions are high and reactions are rapid and unpredictable. To even the most calm and centered of […]
I just received a letter from the Department of Revenue (DOR) regarding a Proposed Administrative Support Order, what do I do?
If you have recently received a letter from DOR stating that the department is seeking to establish child support pursuant to a Proposed Administrative Support Order, do not hesitate: bring that letter to your lawyer immediately. There are very specific guidelines for what you can do when you receive such a letter, and all of […]