In Florida, a biological father has no rights to a child if the child was born to a mother while she was in an “intact” marriage with another man. Florida basically believes that it is in the best interest of the child to be considered a child of the marriage, rather than to be born…
If you are a Florida parent with a previous court order in place regarding custody/parenting time andare considering relocating more than 50 miles away, it is imperative to seek an attorney’s assistance due to the strict relocation rules Florida maintains. Section 61.13001, Florida Statutes, requires that a Notice of Intent to Relocate be filed prior…
Any owner on the title of an automobile is liable for damage done by the driver.Christensen v. Bowen, SC12-2078 (Fla. April 10, 2014). Therefore, it is important to ensure your name is not still attached to a car driven by an ex-spouse post-separation. Make sure your attorney knows how to draft the appropriate provision into…
Beware of purchases you or a spouse makes or debts incurred post-separation. Apparently, even if you are separated or are no longer cohabitating together, the Court will strictly still use the Date of Filing your divorce case to determine which debts and assets are considered marital. SeeWagner v. Wagner, 2D12-5404 (Fla. 2nd DCA Februray 14,…
The Court always has the inherent right to modify child support based on the Florida Child Support Guidelines, despite any prior agreement of the parties to the contrary, including prior agreed upon deviations. A settlement agreement cannot divest the Court of jurisdiction to modify child support. SeeGuadine v. Guadine, 474 So. 2d 1245 (Fla. 4th…
How to Prevent the Other Parent from Taking Your Child Out of the USA Due to Fear the Child Will Not be Returned; the Hague Conference. If your former spouse desires to take your child out of the country and you are hesitant to agree due to fear that the spouse will not return the…
There is no specific age that Florida Law states is not okay for a child to be left at home alone. Chapter 39, Florida Statutes mandaes that the Division of Youth and Family Services Hotline be contacted when any person who knows, or has reasonable cause to suspect, that a child of any age is…
If you have reason to believe you are NOT the Father of a child for whom paternity has previously been established, whether administratively by signing the child’s birth certificate, or judicially, such as during a child support or dissolution of marriage action, you can file a Petition to Disestablish Paternity. You must show that you…
Your Petition for Dissolution of Marriage is the initial document filed in your case which states you are requesting a divorce. Your Petition is your one chance to make any other requests you have, such as for alimony and attorney’s fees. If your Petition is not correct and complete, you could forever lose the right…
In May of 2014, the Florida Legislature passed a law permitting courts, when calculating child support,to take into consideration overnights which are non-court ordered. “Overights” are nights when either parent has timesharing with their child(ren). Prior to this new law, courts were unable to give a parent credit for overnights in the Child SUpport Guidelines…
