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Financial rulings in divorce cases can reshape a party’s economic future long after the marriage ends, making precision and adherence to statutory standards essential. Disputes over equitable distribution, alimony, and child support often reveal how small legal missteps can lead to disproportionately large consequences. In a recent Florida decision, the court scrutinized a dissolution judgment that relied on improper classification dates and awarded financial relief inconsistent with the marital standard of living, ultimately requiring substantial portions of the judgment to be undone. If you are navigating a divorce involving significant financial issues or questioning whether a court’s ruling was legally sound, you should consult with a Miami family law attorney who can help you understand your rights and options before those errors become permanent.

Case Setting

Allegedly, the husband and wife were married for many years and enjoyed an upper-middle-class lifestyle, including living in large homes, traveling frequently, and maintaining financial stability. Over time, the marital relationship deteriorated, and the parties began living separate lives before filing any dissolution action.

It is alleged that after the separation, the parties filed a petition for dissolution of marriage in Pinellas County. The trial court ultimately entered a final judgment dissolving the marriage and addressing equitable distribution, permanent periodic alimony, and retroactive child support. In its findings, the court focused heavily on the date it believed the marital relationship effectively ended, rather than the statutory classification date tied to the filing of the petition.

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Injunctions for protection against stalking can impose sweeping restrictions on liberty, housing, and property rights, often on an expedited basis. Florida law, therefore, requires strict adherence to procedural safeguards and jurisdictional rules before such relief may be granted or reviewed on appeal. A recent decision from a Florida court illustrates how due process violations at the trial level can intersect with unforgiving appellate deadlines, ultimately limiting the relief available even when serious errors occur. If you are facing or contesting an injunction for protection in Florida, consulting with a Miami family law attorney can help ensure your rights are protected at every stage.

History of the Case

Allegedly, the plaintiff initiated the litigation by filing a petition seeking an injunction to prevent further violence against a neighbor. The trial court did not enter an ex parte temporary injunction and instead set the matter for a hearing.

It is alleged that both parties appeared at the scheduled hearing without counsel and that the hearing was brief. The record reflected that no sworn testimony was taken from either party during the proceeding. Continue reading ›

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Parenting disputes frequently raise concerns about conflict between households, particularly when new spouses or partners become involved in a child’s life. Florida courts are tasked with protecting children’s best interests, but that responsibility does not grant unlimited authority to regulate the conduct of individuals who are not parties to the case. A recent Florida ruling clarifies the procedural and jurisdictional limits on a trial court’s power to restrict non-parties through parenting plan modifications. If you are navigating a post-dissolution dispute involving timesharing, parental authority, or alleged third-party interference, consulting a Miami family law attorney can help you understand where judicial authority begins and ends.

Facts and Procedural History

Allegedly, the husband and wife divorced in 2016. One minor child was born during the marriage. Several years later, disputes arose after the wife remarried, and tensions developed between the husband and the wife’s current husband.

It is alleged that in 2019, the husband filed a supplemental petition for modification, accusing the wife’s current husband of physically attacking him during a public school event involving the child. The husband sought restrictions preventing the wife from bringing her current husband to activities and exchanges involving the child.

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Child support disputes often extend beyond the question of how much support is owed going forward and look back to periods when one parent provided primary care without a formal support order in place. Florida courts have discretion in awarding retroactive child support, but that discretion narrows significantly when parties enter clear and enforceable agreed orders governing how support issues will be resolved. A recent opinion from a Florida court illustrates how trial courts must honor those agreements and reinforces that child support is a right belonging to the child, not a bargaining chip between parents. If you are litigating child support issues in Palm Beach County or elsewhere in South Florida, consulting with a Miami family law attorney can help ensure that court orders and stipulations are enforced as written. 

Factual and Procedural History

Allegedly, the plaintiff entered the marriage with substantial premarital wealth, and the parties executed a prenuptial agreement before marrying. During the marriage, the parties had two children, and the agreement did not purport to limit or waive child support obligations.

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Emergency disputes involving children and sudden interstate moves often force courts to act quickly, sometimes before a full evidentiary record can develop. Florida law draws an important distinction between relocations that occur after a court order or pending action and those that happen beforehand. A recent ruling from a Florida court illustrates how that distinction affects a trial court’s authority and emphasizes that a child’s best interests must remain the guiding principle even in urgent circumstances. If you are dealing with an emergency relocation or return order, you should consult with a Miami family law attorney to understand how timing, procedure, and statutory limits can shape the outcome of your case. 

Facts and Procedural History

Allegedly, the husband and wife were married and had three minor children together. During the marriage, the family encountered financial difficulties. In response to those challenges, the husband relocated with the children from Florida to Tennessee, where his parents co-owned a residence. After the move, the husband enrolled the children in school and claimed to have pursued new employment opportunities.

It is alleged that after the husband moved with the children, the wife filed a petition for dissolution of marriage in Miami-Dade County. Along with seeking dissolution, the wife requested emergency relief in the form of an order requiring the immediate return of the children to Florida. She asserted that the husband had unilaterally relocated the children without her consent.

Reportedly, a general magistrate reviewed the emergency request and recommended that the children be returned to Florida. The trial court ratified that recommendation and entered an emergency return order directing the husband to expeditiously return the children from Tennessee.

It is reported that the husband sought appellate review of the non-final order and moved for a stay, arguing that the trial court improperly relied on Florida’s child relocation statute and failed to conduct a best interests analysis before ordering the children’s return. He contended that enforcement of the order would cause harm while the appeal was pending.

Emergency Relocation Requests

On appeal, the court analyzed the stay request by examining both the likelihood of success on the merits and the potential harm if a stay were denied. Although courts generally defer to trial courts in temporary timesharing matters, that discretion must still operate within the bounds of established law, with the child’s best interests serving as the controlling consideration.

The court focused on the scope of Florida’s child relocation statute. By its plain language, the statute applies only when a parent changes the principal residence at the time of the last order establishing or modifying time sharing, or at the time a pending action is filed. Florida appellate courts have consistently interpreted this language to mean that the statute does not govern relocations that occur before the filing of a dissolution or paternity action and before any time sharing order exists.

Applying that interpretation, the court determined that the husband’s move occurred before the wife filed the dissolution action. As a result, the relocation statute did not apply, and the trial court could not rely on its provisions to justify an emergency return order. The court explained that this statutory limitation does not leave trial courts powerless. Courts retain authority under other provisions of Florida law to establish parenting plans and to address situations in which a child may have been removed to evade judicial oversight.

However, when the relocation statute does not apply, the court must still conduct a best interests analysis before ordering the return of children. The court acknowledged the time pressures faced by the trial court, particularly given congested dockets and the urgent nature of the request. Even so, the absence of a best interests determination rendered the emergency return order procedurally deficient.

To preserve the status quo during review and prevent potential harm, the court granted the stay of the return order. At the same time, recognizing the importance of prompt resolution in cases involving children, the court relinquished jurisdiction for a limited period. This allowed the trial court to convene a hearing, evaluate the relevant factors, and issue an order grounded in a proper best interests analysis.

Talk to a Knowledgeable Miami Child Custody Attorney

Emergency relocation disputes can escalate quickly and carry lasting consequences for parents and children alike. If you are seeking the return of children, opposing an emergency order, or navigating timesharing issues at the outset of a dissolution case, it is wise to speak with an attorney about your options. The knowledgeable Miami child custody attorneys at the Law Offices of Sandy T. Fox, P.A. assist clients throughout South Florida with complex custody, relocation, and emergency family law matters, and if you hire us, we work diligently to protect your rights. To discuss your situation with us, call 800-596-0579 or contact the firm online.

 

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Disputes over paternity testing present some of the most sensitive issues in family law, particularly when a child has already known one man as a father for years. Florida courts have repeatedly emphasized that genetic truth alone does not control these cases. Instead, the law prioritizes stability, emotional security, and the child’s best interests. A recent ruling from a Florida court reinforces strict limits on when courts may order genetic testing and clarifies the protections afforded to established legal fathers, even when the parents were never married. If you are facing a paternity challenge or defending an existing parental relationship, consulting with a Miami family law attorney is essential to safeguarding your rights and your child’s well-being.

Case Setting

Allegedly, the mother gave birth to a child in another state in 2018 while unmarried. Shortly after the birth, she and the putative legal father signed a voluntary acknowledgment of paternity in compliance with the laws of the state of birth. Additionally, he was named as the father on the birth certificate. From the child’s birth forward, the he assumed the role of parent, providing emotional and financial support and acting as the child’s only father.

It is alleged that several years later, the mother, the child, and the putative legal father relocated to Florida. More than four years after the child’s birth, the putative biological father initiated a proceeding in Miami-Dade County seeking to establish paternity, obtain timesharing, child support, and related relief. He asserted that he had a sexual relationship with the mother before the child’s birth and claimed that the child resulted from that relationship. Continue reading ›

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Relocation disputes in family law place courts in the difficult position of balancing a parent’s right to move with the need to preserve a child’s stability and meaningful relationships. These cases often involve sharply conflicting testimony and require trial courts to make detailed credibility determinations under Florida’s relocation statute. A recent decision from a Florida court highlights the deference courts give to trial judges who carefully apply the statutory factors and base their rulings on competent evidence. If you are facing a potential relocation dispute, you should speak with a Miami family law attorney to understand how courts evaluate these cases and to protect your parental rights.

History of the Case

Allegedly, the mother and father are the parents of a minor child who resided in Tavernier, Florida, under an existing parenting arrangement established in a Miami-Dade County family court case. The father sought court approval to relocate the child from Tavernier to Cape Coral, Florida, asserting that the move would serve the child’s best interests and improve the family’s circumstances.

It is alleged that the father filed a formal request for relocation under Florida law, triggering the statutory requirement that the court evaluate specific factors related to the child’s welfare, the feasibility of preserving the relationship with the nonrelocating parent, and the motivations of each party. The mother opposed the relocation, disputing whether the proposed move would benefit the child and raising concerns about the impact on her timesharing and ongoing involvement. Continue reading ›

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Property disputes between former spouses often surface years after a divorce, especially when jointly owned real estate remains unsold and one party shoulders the financial burden alone. A recent decision from a Florida court highlights how courts address reimbursement claims in partition actions when a marital settlement agreement addresses some expenses but remains silent on others. The ruling clarifies the continuing obligations of tenants in common and reinforces the long-standing principles of Florida property law. If you are facing a dispute over jointly owned property after divorce, speaking with a Miami real estate litigation attorney can help you understand your rights and avoid costly missteps as your case develops.

Facts and Procedural History

Allegedly, the plaintiff and defendant purchased a residence during their marriage, taking title subject to a mortgage. Following the dissolution of their marriage, the final judgment incorporated a marital settlement agreement drafted by the parties without counsel. The agreement stated that any gains from the eventual sale of the property would be divided, with the plaintiff receiving a larger percentage. The agreement also required the plaintiff to pay the mortgage and prohibited her from asking the defendant to contribute toward it.

It is alleged that after the divorce, the plaintiff attempted to sell the property but abandoned the effort due to unfavorable market conditions, leaving the mortgage balance exceeding the home’s value. Instead, the plaintiff retained possession and rented the property to third parties at various times over many years. During that period, the plaintiff paid all expenses associated with the property, including taxes, insurance, and maintenance, while the defendant made no financial contributions and received no rental income. Continue reading ›

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Paternity disputes often unfold at the crossroads of biology, legal status, and parental identity, and few issues in family law ignite more urgency than determining who has the right to claim fatherhood. A recent ruling from a Florida court shows how quickly these cases can turn, especially when one man is already recognized as the legal father, and another comes forward with DNA evidence. If you are involved in a paternity dispute, it is smart to talk to a Miami family law attorney to ensure your rights are protected as your case unfolds.

Facts and Procedural History

Allegedly, the appellee filed a petition to determine paternity shortly after the child’s second birthday, asserting that he was the legal and biological father. The birth certificate filed with the petition listed him as the father, and a Certificate of Live Birth included a voluntary acknowledgment of paternity signed by both the petitioner and the child’s mother, witnessed by two individuals. Both affirmed they were the natural parents and were unmarried at the time of the child’s birth.

It is alleged that 10 days later, the mother filed a verified motion disputing the appellee’s biological paternity and requesting DNA testing. The appellee responded, noting that testing had been scheduled but that the acknowledgment of paternity already established legal paternity under Florida law. Following a hearing, the court found him to be the legal father and declined to order genetic testing. Continue reading ›

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Few areas of family law carry weight equal to termination of parental rights, where the court’s decision can permanently redefine a family’s future. These cases often involve complex medical evidence, competing expert testimony, and deeply emotional circumstances, all of which demand intensive judicial scrutiny. A recent decision from a Florida court highlights how courts evaluate claims of newly discovered evidence after parental rights have been terminated, especially when parents attempt to raise new expert theories long after trial. If you are involved in a dependency or termination proceeding, it is advisable to talk to a Miami child custody attorney for guidance on how to protect your parental rights.

Case History

Allegedly, the Department of Children and Families opened two dependency cases after discovering multiple unexplained and severe injuries on infant twins. These injuries included rib fractures, extremity fractures, a skull fracture, a lacerated liver, and a bruised eye, many of which displayed different stages of healing. The half-brother, though uninjured, lived in the same home as the twins and the parents when the Department sheltered the children. The cases were later consolidated.

It is alleged that the trial court conducted a full bench trial involving extensive medical testimony, photographic evidence, hospital records, and expert opinions addressing whether the injuries resulted from nonaccidental trauma or a potential medical condition such as brittle bone disease or Ehlers-Danlos syndrome. After evaluating the evidence, the trial court found that the injuries were indicative of nonaccidental trauma and terminated the parental rights of both parents to the twins and the father’s rights to the half-brother.

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