Ocala Divorce Lawyer Blog

I frequently have clients who come in and tell me they need an Emergency Motion filed for __________(fill in the blank). The emergency could be that their Husband/Wife is taking the furniture, going to turn off the electricity, or cancel the Husband's/Wife's car insurance. All very important issues, but does it rise to the level of filing an Emergency Ex-Parte Injunction? When is an emergency really and emergency in the eyes of the court?

In the recently released case of Hunter v. Hunter, 2D09-4878, 2010 WL 2077158 (Fla. Dist. Ct. App), the District Court, says that a trial court should only order relief in an Ex-parte proceeding where there exists an immediate threat of irreparable injury that forecloses the opportunity to give reasonable notice. See City of Boca Raton v. Boca Raton Airport Auth., 768 So. 2d 1191, 1192 (Fla. 4th DCA 2000). Thus a motion seeking ex-parte relief "must demonstrate (1) how and why the giving of notice would accelerate or precipitate the injury or (2) that the time required to notice a hearing would actually permit the threatened irreparable injury to occur." Id. at 1193 (quoting Smith v. Knight, 679 So. 2d 359, 361 (Fla. 4th DCA 1996)). In the case that was before the DCA, it found that the Wife's motion failed to demonstrate either an immediate threat of irreparable injury or a reason notice could not be given.

The DCA further opined that to the extent that the order grants injunctive relief in the Hunter case, they observed that almost none of the required procedures were followed. According to Florida Family Law Rule of Procedure 12.610(a), injunctive relief in family law cases not related to the need for protection against domestic violence, repeat violence, dating violence, or sexual violence is governed by Florida Rule of Civil Procedure 1.610. Rule 1.610(a)(1), which permits the entry of a temporary injunction without written or oral notice to the adverse party only if:

(A) it appears from the specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and

(B) the movant's attorney certifies in writing any efforts that have been made to give notice and the reasons why notice should not be required.

In the Hunter case, the Wife's motion was neither verified nor supported by affidavits. Thus the motion was deficient under rule 1.610(a)(1)(A). Also, the motion did not contain the attorney's certification required under rule 1.601(a)(1)(B). Furthermore, the order itself is defective because it contains no explanation of the reasons for its entry other than "[t]he Emergency Motion is well taken." Thus the order violates rule 1.610(c), which requires that an injunction specify the reasons for entry. See also Hathcock v. Hathcock, 533 So. 2d 802, 804 (Fla. 1st DCA 1988) (holding that an order enjoining the husband from disposing of marital property and awarding the wife temporary exclusive use and possession of the marital home failed to comply with rule 1.610 because it contained no findings concerning why the injury would be irreparable or why the order was granted without notice). Finally, it does not appear that the trial court required the Wife to post a bond as required by rule 1.610(b).

The Court held that the Wife's argument about the Notice Requirement of Rule 1.610(a) concerning the entry of temporary injunctions without notice was woefully insufficient. To send a copy of a motion to opposing counsel without a notice of hearing and to present the motion to the court for the entry of an order granting the motion an hour or so later is unquestionably inadequate notice -- if it may even be deemed notice at all. See City of Ormond Beach v. City of Daytona Beach, 794 So. 2d 660, 663 (Fla. 5th DCA 2001) ("[N]otice encompasses a reasonable opportunity to prepare and offer evidence."); Fla. High Sch. Activities Ass'n v. Benitez, 748 So. 2d 358, 359 (Fla. 5th DCA 1999) ("Notice for temporary injunction purposes means a meaningful opportunity to prepare in order to present evidence and secure a record of the proceedings.").

If you are thinking about divorce, please call us to talk your case. Visit our website or call the office to schedule your low-cost consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

In highly contested divorces or modifications, I often recommend retaining a Guardian Ad Litem on the case. Most people do not understand that the children are not going to be allowed to "go in and talk to the Judge," and often times the only way to get the children's voices heard is by and through a Guardian Ad Litem.

Why a Guardian Ad Litem?
A Guardian Ad Litem ("GAL") is usually an attorney hired by the divorcing couple (or the parent seeking the modification) to represent the child(ren) in a legal dispute concerning their custody or welfare. Having a Guardian Ad Litem reduces the "he said/she said" that the court has to hear. The GAL report is usually invaluable to the court left to make a permanent custody decision and usually gives it much weight in making its decision with regards to the children. The GAL is a neutral third-party that will make a report to the court based on it's findings from interviews. When the Court enters an Order appointing a Guardian Ad Litem, that guardian is not biased towards either the mother or the father and does not owe any allegiance to either party. They can be objective in the investigation and recommendation as to what disposition would be in the best interests of the child(ren).

What Does a Guardian Ad Litem Do?
A guardian is authorized by the Court and by agreement of the parties to investigate the entire background, living conditions, family relationships, and any other matter related thereto in order to make a recommendation to the court as to what would be in the best interests of the child as to placement, visitation, and other matters ruled upon by the court. They can make home visits, speak with anyone in person, by phone, or any other method of communication. They go to the schools or daycares and speak with the teachers. They can speak with the friends of the parents. They may speak with anyone who has important knowledge about the parents or the children. The guardian usually makes a report to the court recommending a specific outcome. The parties do not have to accept the report, but can present their own witnesses and evidence in court. The Judge makes the final determination on the disposition of the child(ren). However, the report of the guardian, if presented properly to the parties prior to trial, can sometimes lead to settlement of the issues without the expense of a trial.

Talk to a Florida Divorce Attorney
To talk to us about your case, either an initial custody determination or modification, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

I frequently have conversations with prospective clients that go something like this:
Me: what kind of parenting time do you have?
Prospective client: we have shared custody?
Me: you have equal time-sharing?
Prospective client: yes, I have every other weekend.
Me: do you mean you have "shared parental responsibility"?
Prospective client: I'm not sure what I have, except I have every other weekend.

Most people get confused with the terms that our Florida Statutes, Lawyers and Courts use in describing parenting-time and parental responsibility. Here is a quick overview of what they are and what they mean.

For many years, the courts in Florida have embraced the idea that a child of divorced parents should have both parents confer with each and make joint decisions about things like after-school activities, medical care, religious upbringing and a whole host of things that relate to the care and well-being and raising of a child. The court did not find it desirable to have the "custodial" parent making all those important child-rearing decisions without input from the other parent.

So, under Chapter 61, Florida Statutes, the court will typically require that the divorcing/divorced parents have "shared parental responsibility." Sometimes this is also casually referred to as, "joint parental responsibility," This is where the confusion starts. "Joint Parental Responsibility" is not the same as "Joint Custody" or "Shared Custody." Joint custody is where each parent has "custody" of the child for roughly equal lengths of time. There is definitely a trend towards parents having "equal time sharing," but the day is still not here when the court finds 50/50 custody is the starting place for creating a parenting plan. In my practice, I see the trend more and more but only about 60% of the families I work with end up with a workable equal-parenting time arrangement.

So, "shared parental responsibility" or "joint parental responsibility" may sound like "Joint Custody" or "Shared Custody," but they are just not same things. With "shared parental responsibility," both parents keep all their decision-making rights and responsibilities. This also means that the parents must consult and confer with each other on matters concerning the welfare and best interests of the child, especially on major decision. When it comes to medical care or education, these decisions should be made jointly, if possible, after the parents have talked to each other.

Nevertheless, in a typical dissolution of marriage case, there is usually one parent that will have more overnights with the child than the other parent. This was previously referred to as the "primary custodial parent." But when the statutes changed, the legislature removed any term relating to "custody." Now we have 2 parents, children, and parenting-time. There is no custody or primary residence anymore. Yet none of these nomenclature changes in our Statutes take away from the fact that both parents share in the parental rights and responsibilities for the child.

The parties in this case have been living together since 1994. They were married in 2004. Immediately before they started living together in 1993, the Husband (then boyfriend) bought a home. The Wife (then girlfriend) moved into the home in 1994. They have lived in the house ever since. They were married 10 years after they started living together in 2004. They had joint checking accounts since 1994, and the Wife has contributed to the upkeep and maintenance of the martial home. But her name was NEVER added to the deed to the house. So for all practical purposes when it comes to divorce, the Wife has no ownership interest in the home. She may have an "equity interest" but she does not legally own the marital home.

So in a divorce, how would that effect the Wife? Well, if the Husband goes to court asking that the Wife be made to move out, the court has no other option then to ask the Wife to leave the home. The case on point with this position is the Herrera case which held that "because the husband acquired title to the home prior to the marriage and kept it titled in his name, the non-marital property was not subject to equitable distribution, and, as such, wife should not have been granted exclusive use and possession of husband's premarital home. Herrera v. Herrera, 895 So. 2d 1171 (Fla. Dist. Ct. App. 2005). The Court further opined, "the trial court granted the former wife exclusive use and possession of the former husband's home under the section of the order dealing with equitable distribution. However, Section 61.075(5)(b), Florida Statutes (2002), defines "Nonmarital assets," in part, as "[a]ssets acquired ... prior to the marriage...." A non-marital asset may not be conveyed to a non-owner spouse as equitable distribution absent an agreement. Mitchell v. Mitchell, 841 So.2d 564 (Fla. 2d DCA), review denied, 846 So.2d 1148 (Fla.2003); Belmont v. Belmont, 761 So.2d 406 (Fla. 2d DCA 2000). Thus, because the former husband acquired title to the home prior to the marriage and kept it titled in his name, the non-marital property was not subject to equitable distribution." Id at 1174.

The best idea is that after you and your spouse are married, and you've agreed to pool resources, please have the house put in both names. Alternatively, if your spouse refused to put your name on the "pre-marital" home, it might be a wise idea to limit the pooling of resources. Don't be surprise if during a divorce, you feel "duped." Putting all those years into a relationship, combining resources and financial contributions, only to find out from the court that you have to leave the home you've lived in for 16 years because your name is not on the title. Buyer Beware.

To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

A retainer fee is a form of pre-payment, like a "savings account" with your lawyer, against which the lawyer will bill when handling your case. This advanced fee ensures that the attorney will provide the specified legal services on behalf of the client. Think of it as a down payment on the services the attorney provides. The funds, which are usually non-refundable in most family law cases, and are then place in the attorney's or law firm's business account where they have access to it to pay any upcoming services that are rendered on behalf of the client. If the fees go above the retainer amount, the client must pay that amount. The retainer fee is just an initial estimate and is often based on the complexity of the case. If there are more complex issues involved, then naturally the higher the retainer amount. Additional fees beyond the retainer are often required when a matter must go to court.

Before accepting to pay a retainer fee, get the fee, terms and conditions in writing. The most widely used forms of advance payment are "the general (or traditional) retainer", "the special (or specific) retainer," the "flat fee retainer," or "the nonrefundable retainer." Before you hire a lawyer for your divorce or family law matter, make sure you have read, reviewed and understood the Retainer Agreement the attorney has given you. You are signing a binding contract between you and your lawyer. You should be clear on what you will be billed for - such as phone calls, emails, letters and other communications. You should ask all questions before you sign the agreement.

You should be sure that you will be receiving monthly statements showing you (the client) how your retainer funds are being used. The billing statement should be clear and easy to understand and show what work was performed and by whom. If you have any questions about your billing statement, you should always contact the attorney immediately, as sometimes mistakes are made.

If you are going through a divorce or family law matter, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

Dear Star Banner:

I believe that the editorial, "Nothing but food stamps..." in the Star Banner dated February 28, 2010, regarding Fathers not paying support deserves a response. I am a family law attorney in Ocala and I cover the areas of all around our circuit. The sentence I found most disturbing was, "if a woman does not want the man around her or her children the support may help to pay a sitter while she is seeking employment." With the mentality that dad is just a "paycheck" it's not surprising that the support will be sporadic or non-existent. Why in the world would you want or decide to have children with a man you don't want around the kids? The courts and I find it ironic that the mother had no problem being around this man when they were making the baby, only to decide that he is too dangerous to be around the baby after birth.

I am a firm believer that the legal doctrines of "best interests of children," "shared parental responsibility," and "equal parenting time" are not mutually exclusive. Most people do not like paying for something and getting nothing in return. If a parent wants to get timely and continuous support the best thing to do is keep the paying parent connected with the child. I hear man after man saying that they are tired of dealing with moms who are constantly interfering in their parenting time. This is a call to the ladies out there who "hook up" with a guy they don't really know very well, are not married to, and then have a baby with them - why in the world are you doing that? Find a mate, get married, and raise a family. We don't usually see "dead-beat dads" in this scenario. The heart of this larger problem is evidenced weekly in the birth announcements published in the Star Banner where 50% to 60% of the births appear to be to unmarried parents.

The surest way to get the other person to pay support on a regular basis is to equalize parenting time between divorcing spouses or unmarried parents, making sure children have the chance to be with both Fathers and Mothers as much as possible. Being a Father is arguably one of the MOST important and special roles a man will have in his lifetime. Fathers deserve a chance to continue being a parent and to teach their child about the world around them. Fathers need to be there for their children, and not be relegated to being "weekend parents." Too many times I hear the dad say," I'm not on the school records, not on the medical records, and not on the activities records."

For decades it was presumed that custody of children of "tender years" was best with mothers because it was wrongly believed that Fathers are inept as parents. Fortunately, our Florida Statutes have moved towards gender-neutrality. The "tender years doctrine" is really dead. And though fathers seeking child custody have gained ground in recent years, they are still burdened by old stereotypes. And for those able to see behind smoke screens, custody fights are not always about the children. Many times custody is just about the money. I've seen many cases where custody fights, even to the exclusion of visitation, are strategic maneuvers to maximize child support, alimony, and equitable distribution. Afterwards, when the battle is won, the barriers to child access mysteriously fall away, only to be raised again if payments are not prompt or if feelings are hurt.

The simplest and most responsible way to solve the problem of the non- payment of child support is clearly not to have multiple babies with multiple baby-daddies (or vice versa). Children are little people that require love, nurturing, guidance, and care-taking by both parents. They are NOT weapons to be used get more money or to get the upper hand in a court of law. Take some time, choose a mate wisely, get married and raise a family together. If for some reason the marriage does not work out, arrange for an equal time-sharing arrangement to keep Dad actively involved in the children's lives.

To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

I had a prospective client in my office early in the telling me that he didn't know that signing the baby's birth certificate made him the presumptive legal father. He had just been served with papers from Department of Revenue/Child Support Enforcement, and now the baby's mother was seeking child support. Honestly, he was not sure he was the biological father at all. He had heard from friend's of the mother, that she believed that the baby's real biological father was her past boyfriend. Now the question he asks, "what do I do?"

Florida's statute that deals with the Disestablishment of Paternity is Section 742.18. There are certain requirements that must be followed when attempting to disestablish paternity. One of the requirements is that the party attempting to disestablish paternity must file a Petition To Disestablish Paternity with the court and demonstrate some "newly discovered evidence." This evidence may be any number of things, including finding out that the biological mother believed someone else to be the Father. Also, a DNA test must be performed and submitted to the court as evidence that the person trying to disestablish paternity is really not the biological father. This DNA test must be performed within 90 days of the filing of the petition, but if the man attempting to disestablish paternity does not have to the child for testing, then he may file a motion with the court to request the court to order the mother to provide the child for a DNA test.

Lastly, the statute is clear that the Petitioner attempting to disestablish paternity must be current on all child support obligations or that he has substantially complied with the child support payment obligation. Although this legal process is not that common, we have successfully helped men disestablish paternity and terminate child support for children that were not theirs.

If you believe that you are not the biological father for a child for which you are currently paying support, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

The Department of Revenue was originally an offshoot of the Department of Health and Human Services, created in 1975 to "ensure that children have the financial support of both their parents, to foster responsible behavior towards children, to emphasize that children need to have both parents involved in their lives, and to reduce welfare costs." DOR/Child Support Enforcement has the task of either determining, modifying, or enforcing child support in all of Florida's 67 counties.

The Florida Department of Revenue has the authority to enforce your child support requirements. Once your child support payment amount is established, as determined by Florida's child support guidelines, the payment requirement is enforceable not only in Marion County and throughout Florida, but also anywhere in the country.

If this is an initial determination, you were probably served with a Petition to Establish Child Support. This may have been in connection with a child born out of wedlock or it could have been part of a divorce where child support was not yet established. DOR also handles modifications where the custodial parent is seeking to have an increase in child support. Or lastly, this could be an enforcement action where the non-custodial parent is failing to pay timely support. In any of the above cases, it is important to hire an attorney to make sure that you are treated fairly during the process and your financial interests are protected.

Enforcement of Child Support Orders - The Payee Parent

If you are not receiving the payments you and your child have been awarded, contact us so we can guide you through the difficult process of getting the payments you deserve. We have successfully placed liens on real property, personal property and future income (including Personal Injury awards) to ensure that payment will be received. Additionally, Anne E. Raduns, PA we will work with you to ensure payment getting payments directly from the parent's employers, or suspending a driver's license.

Enforcement of Child Support Orders - Payor Parent

If you have been issued an Enforcement order it is critical that you take this seriously. In the state of Florida the courts have the ability to get you to pay by:

* Suspending your Florida driver licenses
* Intercepting tax refunds
* Ordering employers to take payments directly from your paychecks
* Placing a lien on your property

Contact Anne E. Raduns, PA so we can work with you and the courts to find the fairest way to all parties to bring you into compliance. We will examine your finances and situation and negotiate a method to repay your costs so your child can receive the support needed. This could result in reduced payments, a deferral of payments, and / or a modification of future payments.

Modification of Child Support Orders - Either Parent

All things change, and so to may the ability to pay child support or the need for increased child support. If this is the case, either parent can petition the court for an adjustment to the current payment. If either parent has received a raise, lost their job, if the child has special needs, or for any other payment altering events, may result in a need to modify the original child support order. Our office can work with you and DOR to determine the revised payments that meets Florida's child support guidelines.

We helped hundreds of parents through the maze of DOR Child Support enforcement. Whether you are the payee parent or the payor parent, we will make sure you are treating fairly by the process. To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

As a Divorce Lawyer, I am frequently faced with issues similar to this opinion. Clients want the upper-hand in their litigation, and sometimes take actions they would not normally take under normal circumstances. There was a Paternity case that came out this past week that stands for the proposition that if the information was stolen, illegally obtained, or obtained under very, very suspicious circumstances not only is it not going to be considered by the trial court but also there is a strong possibility that the Attorney/Firm that used the information will likely be removed from the case. This case also applies to any Family Law case, including issues of Divorce, Child Support, Parenting Plans, or any other litigation involving the family. I often get inquiries from prospective or current clients involved in highly contested Divorce cases or Paternity cases wondering if they can snoop around the other side's computer and use what they found. I know the temptation for my client is there, but it's just not with the aggravation or the penalties that could happen.

In the case of CASTELLANO v. WINTHROP, Fla. 5th DCA District. Case No. 5D09-2798 the Mother sought to have the Appeal's Court review of an order of the trial court disqualifying her counsel/Firm. The disqualification was based on the Firm's receipt, review, and use of respondent, the Father's USB flash drive that contained electronic files including, among other things attorney/client communications, client litigation notes, and attorney work product. The Mother contended that the disqualification order represented a departure from the essential requirements of the law because a less drastic civil remedy was sufficient to address any potential wrongdoing.

The Judge and Appeals court found that the disqualification of the Firm was required because "an informational advantage was obtained." The Mother and the Firm were ordered to return the USB drive and any and all copies that were in their possession or control. The Mother and the Firm were also ordered to remove from their computers all of the Father's confidential and privileged information and to make their computers available for third-party inspection to confirm the deletion of this information -- all at the Firm's expense.

For the benefit of other attorneys facing a similar dilemma, the case notes that the Florida Bar Commission on Professional Ethics has opined that when an attorney receives confidential documents he or she knows or reasonably should know were wrongfully obtained by his client, he or she is ethically obligated to advise the client that the materials cannot be retained, reviewed, or used without first informing the opposing party that the attorney and/or client have the documents at issue. If the client refuses to consent to disclosure, the attorney must withdraw from further representation. Fla. Bar Prof'l Ethics Comm., Formal Op. 07-1.

If you are involved in a Divorce or Paternity case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

I hear this question frequently in my practice, "We were never married, we have a child together, and I want to move back to _________ to be closer to my family. Can I go?" The answer is "No, without a Court Order allowing you to move, you run the risk of being brought back to Florida by court-order if you don't follow the Statute correctly." Regardless if you are married or not, if the other parent is entitled to parenting-time with the child, the parent wishing to relocate must follow Florida Statute 61.13001. There does not need to be a court order in place ordering time-sharing for the other parent, just being entitled to it will allow the non-relocating parent to be able to stop the relocation. It is often insufficient for the parent seeking to relocate to show only that the planned move would provide a "support system" (family, friends, etc.) to her/him or the children.

Additionally, it may not enough to show that a higher paying job is available in the planned location. However the more factors which can be provided to the court, including additional factors such as offering substitute visitation and a contribution toward travel costs for the other parent, may suffice. Whether the non-relocating parent has been an active parent is also a significant factor. A difficult situation exists when a non-relocating parent has been active with the children, but the employer of the parenting seeking to relocate or her/his new spouse requires a transfer to another state. Generally, there is usually no easy way to determine in advance whether a court will grant relocation. There is a caveat here, if the relocating parents obtains the consent/approval of the non-relocating parent, then the move should not be able to be stopped. Here are some things to consider whether you were married or not to the child's other parent and are seeking to relocate:

Continue reading "Can I Move With The Child Even If We Are Not Married: Florida Relocation of Unmarried Parents" »

There has been a huge push by Fathers, Attorneys and the Florida Legislature to put Rotating Custody (or Equal Time-Sharing) on the same level playing field as other types of time-sharing arrangements. Florida Statute 61.13 governs time-sharing and parenting plans established by the court. To understand the issues with rotating custody we have to take a look back to 1997. In 1997, the Florida Legislature enacted section 61.121 which states as follows: "The court may order rotating custody if the court finds that rotating custody will be in the best interest of the child." But courts still found reasons not to give equal time-sharing a chance.

Most courts around Florida believed this to mean that the presumption against rotating custody had not been removed. There were a long line of cases that still found that rotating custody was still disfavored even after the statutory change: Ruffridge v. Ruffridge, 687 So.2d 48 (Fla. 1st DCA 1997), holding that Florida courts have recognized that rotating child custody is presumptively not in the best interest of the children."); Langford v. Ortiz, 654 So.2d 1237 (Fla. 2d DCA 1995), holding that Rotating custody ... is presumptively not in the best interest of a child; Caraballo v.. Hernandez, 623 So.2d 563 (Fla. 4th DCA 1993), adhering to rule that rotating custody is presumptively not in the best interest of the child; Wilking v. Reiford, 582 So.2d 717 (Fla. 5th DCA 1991), holding that generally, rotating custody is presumptively not in the best interest of children, but there may be special circumstances which justify rotating physical residence; Bienvenu v. Bienvenu, 380 So.2d 1164 (Fla. 3d DCA 1980), holding that it is well-settled Florida law that split-custody provisions ... are strongly disfavored and ordinarily may not be sustained.

Continue reading "Florida Rotating Custody: Now on an Equal Playing Field" »

If you find out your girlfriend is pregnant, one of the first things you should do is register with the Florida Putative Father Registry. Without your permission, your girlfriend could place the baby up for adoption and later contend that you abandoned her and the baby while she was pregnant. Florida Statute 63 requires that you substantially comply with all of the sub-section in order not to waive your right to consent.

Here is what you should do:
1. Register with the Florida Putative Father Registry
2. Offer to pay for medical visits, pre-natal care, maternity clothes, and any related pregnancy expenses, including food and housing. Keep receipts - you may need them down the road to prove that you helped her when she was pregnant.
3. Go with her to the Doctor Appointments. Make sure you introduce yourself to the Nurse or Doctor. Ask questions. Make sure they mark in the chart you were there.
4. Pay financial support and keep receipts.
5. Be involved in the pregnancy. If the two of you don't live together, call daily and find out how's she'd doing and how the pregnancy is going. If she refuses your calls - make a diary of the attempts and how she refused to talk to you.

Continue reading "Florida Contested Adoption: Helping the Biological Father Get His Child Back" »

The issues of child support are generally the same whether you're from a "celebrity family" or just a "regular hard-working family," living in Florida or Alaska: parents have an obligation to pay support for their children, whether married or not. The only thing that may vary is the actual number. According to court documents filed Thursday in Alaska and posted on the Web site TMZ (you can see the papers filed here), the 19 year-old daughter of Sarah Palin is seeking temporary financial relief in the form of child support from the father of her one year-old son and pay $1,750 a month in child support payments.

Palin is also seeking back payments beginning from late December 2008, when the child was born. According to the pleadings filed in court, Palin says Johnston made "in excess of 105,000 in 2009 through various media interviews and modeling related activities."

Continue reading "Bristol Palin Seeking Child Support: The Obligation is the same in Florida as in Alaska" »

I am frequently asked by a very concerned parent, "I am afraid that my child's other parent is going to take the children to ____________ (any country out of the US) and not bring them back. What can we do?" Or the flip-side of this problem is, "I want to take the kids on a Disney Cruise and we need passports, but the other parent won't give permission." This is really both sides of the same problem. Is there anything the Florida Divorce lawyer can do to help?

The first question is really about child abduction. Let me begin by saying that to legally move a child from this country to another requires a passport. There are special requirements to obtain passports for minor children. Both parents of a child under the age of 16 must be present in the passport agency and sign a consent for a passport. One parent cannot unilaterally obtain a passport for a child under 16. The passport forms and requirements are very clear. If the one of the parents doesn't consent to obtaining a passport for the child, then a passport will not be issued, and that child may not legally leaving the county. If the child already has a passport, we can ask the court to impound that child's passport if the threat of abduction is real and credible.

Continue reading "Traveling Out of the Country with Children: the Passport Issue" »

This video summarizes some of my previous Blog posts on Florida Father's Rights and Establishing Parenting-Time for Unmarried Parents. It is extremely important to legally establish rights for unmarried parents for the sake of the child. Additionally, once there is a court order, both parents know what their rights and responsibilities are to each and the child.

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