Filing for Emergency Pick-Up Orders in Florida

Just about every family court in the country recognizes the benefits of having both parents involved in the lives of their children. Only in rare circumstances should one parent be denied physical access to his or her children. In even rarer circumstances should children be taken away from the physical care of a parent, but it does happen. Florida parents have a few options for filing for an emergency pick up of Read More

Mandatory Disclosures: What are they and do I have to do them?

Well, the answer to the second part is in the title...they are "mandatory." Mandatory disclosures are documents, mainly financial in nature, that must be disclosed to the opposing party in a family case.  The disclosure of these documents is required by the Florida Family Law Rules of Procedure.  It is an automatic disclosure, meaning the other party does not have to ask for you to disclose them.   These documents Read More

Preparing For Your Family Law Consultation

I can’t tell you how many people come in for their consultation and have no idea what to ask me. This time is your opportunity to find out if I am the best person to represent you for this specific situation in your life. A life-changing situation in your life! Take advantage! When you come in for your consultation, it is best to know what you need to ask the attorney. What are you there for? Is it a divorce Read More

What is the difference between a legal father and a biological father?

A family law case is before the Florida Supreme Court right now that is quite interesting.  The court must decide a dispute between a child’s legal father and her biological father. You see, in Florida, when a child is born of a marriage, the legal father is the man married to the mother.  The legal father, therefore, may not be the biological father.  Thus, the biological father may not have any rights to the Read More

But I Am The Father, Why Don’t I Have Any Rights?

You may very well be the biological father but does not mean you are the legal father or that you have any legal rights to your child.  It is important that if you are an unmarried father, you immediately establish your legal rights to your child.  In Florida, if a child is born out of wedlock, there is no presumption of fatherhood.  Paternity should be established first and foremost. An establishment of paternity Read More

Can I Get My Attorney’s Fees Paid in My Family Case?

Divorces can be expensive. So can going back to court to enforce orders in a multitude of family issues from time-sharing to alimony payments.  Many people attempt to represent themselves because of the cost of attorney’s fees.  While in some circumstances (I would venture to say very few) a person may represent himself or herself quite well, in most circumstances, a person does not know all of his or her rights and Read More

Co-Parenting and Relocation

One would think that you should be able to pick up and move with your child(ren) whenever and wherever you would like. However, if you have shared parental responsibility pursuant to a parenting plan in Florida, unfortunately, you cannot just move; or you might be in contempt of court.  It seems that I have had to counsel quite a few people on "relocation" lately, so I thought a blog post was necessary. Read More

Co-Parenting Through the Holidays

It's that time of year.  The time when I get complaints about my child's parent is not being cooperative about Christmas and I want to take them to court.  It is difficult because both parents want to spend as much time with their child as possible.  You may want to leave to go out of town earlier than your parenting plan will allow, and maybe the other parent is being unreasonable by not allowing you to do so.  Or Read More

Modifying A Parenting Plan

I get many calls from parents wanting to change or modify their parenting plan.  The problem lies in that their reason for the change may not meet the legal requirements for a change to the parenting plan. In order to modify a parenting plan, there must be a 1) substantial, 2) material, and 3) unanticipated change in circumstances and a showing that the modification is in the best interests of the child. Parents Read More

Types of Protective Injunctions in Florida

There are 5 very specific types of injunctions, or restraining orders, that you can apply for in Florida.  It is important that you know the difference between them, because if you apply for the wrong one, the injunction can be denied. On the other hand, if you are defending against an injunction, that is the first line of defense.  Was the proper injunction applied for? Below is a listing of the types of Read More