Fort Lauderdale Divorce Lawyer Blog

Florida Court Discusses Evidence in Termination of Parental Rights Cases

Published on: April 27, 2026 | by Sandy T. Fox

When a child’s life is endangered, courts must determine whether parental conduct rises to the level of egregious behavior sufficient to justify the permanent termination of parental rights. In a recent Florida case, the court examined that difficult legal threshold, demonstrating how courts evaluate severe neglect, expert testimony, and the sufficiency of evidence in life-threatening situations. If you are facing allegations that could affect your parental rights in South Florida, you should speak with a Miami family law attorney to understand how these legal standards may apply to your situation.

Facts and Procedural History

Allegedly, a young child was brought to a hospital in an extremely malnourished state, suffering from significant medical complications that required emergency intervention and intensive care.

It is alleged that the child had not received consistent pediatric care for an extended period and that the parents delayed seeking medical attention until the child’s condition became critical. Medical professionals observed severe weight loss, muscle deterioration, and organ-related complications consistent with prolonged malnutrition. Continue reading ›

Court Discusses Findings in Florida Divorce Cases

Published on: April 20, 2026 | by Sandy T. Fox

In a divorce case, the outcome is only as strong as the reasoning behind it. When a court distributes property or decides support without clearly explaining its analysis, the entire judgment becomes vulnerable to reversal. A recent Florida case highlights how even a finalized divorce judgment can unravel when required statutory findings are missing, serving as a reminder that clarity and precision are not optional in family law rulings. If you are going through a divorce in South Florida, you should consult a Miami family law attorney to ensure that your financial rights are fully protected and properly addressed.

History of the Case

Allegedly, the parties’ marriage was dissolved by a final judgment that addressed equitable distribution and alimony. The trial court entered an amended final judgment that included an unequal distribution of marital assets but did not provide the specific findings required by statute to support that decision.

Reportedly, the husband challenged the judgment on appeal, asserting that the trial court failed to consider and document the statutory factors necessary to justify both the distribution and the alimony determination. Continue reading ›

Florida Court Explains Grounds for Awarding Nominal Alimony

Published on: April 14, 2026 | by Sandy T. Fox

Alimony decisions often turn on more than what a party can afford at the time of trial. Courts must also consider how financial circumstances may change in the future and whether those changes warrant preserving the ability to revisit support. A recent Florida ruling highlights the importance of nominal alimony, a mechanism that allows courts to retain jurisdiction when a paying party’s current inability to pay is likely to improve. If you are dealing with alimony issues in South Florida, you should speak with a Miami family law attorney to ensure your rights are fully protected both now and in the future.

History of the Case

Allegedly, the parties were married for a significant period, and the central issue at trial was whether alimony should be awarded following the dissolution of the marriage.

It is alleged that the parties agreed that the wife had a financial need for support, while the husband contested the ability to pay based on claimed income limitations and ongoing financial obligations. Continue reading ›

Florida Court Discusses Jurisdiction in Family Law Cases

Published on: April 7, 2026 | by Sandy T. Fox

You cannot win a case if the court never had the authority to hear it in the first place. Jurisdiction is the foundation of every legal action, and when it is missing, even otherwise valid claims can be dismissed before they are ever considered on the merits. A recent Florida opinion demonstrates how strict residency requirements can prevent a Florida court from addressing disputes involving marital property, particularly when international elements are involved. If your family law matter involves property, parties, or proceedings outside Florida, you should speak with a Miami family law attorney to ensure your case is properly positioned from the outset.

Facts and Procedural History

Allegedly, the parties were divorced in a foreign country, but the divorce decree did not address certain real property located in Florida. The wife subsequently filed an action in Florida seeking equitable distribution of that property, attempting to resolve the outstanding issue of ownership through the Florida court system.

Reportedly, the wife acknowledged in the pleadings that neither party was a permanent resident of Florida and that both individuals remained citizens of a foreign country. The pleadings did not assert that either party satisfied Florida’s statutory residency requirement. Continue reading ›

Court Examines Visitation Rights in the Context of Florida Dependency Cases

Published on: March 28, 2026 | by Sandy T. Fox

Visitation rights play a critical role in maintaining the parent-child relationship during dependency proceedings, even when a child has been removed from a parent’s custody. Courts must carefully balance the child’s safety with a parent’s fundamental rights, ensuring that any modification to visitation complies with due process requirements. A recent Florida decision highlights the legal consequences of altering visitation without proper notice or an opportunity to be heard. If you are involved in a dependency proceeding, you should consult a Miami family law attorney to safeguard your rights and ensure that courts follow the required legal standards.

Facts and Procedural History

Allegedly, the child was removed from the mother’s custody and placed in substitute care, with the court ordering supervised in-person visitation twice per week. The mother complied with the visitation schedule and maintained regular contact with the child.

It is alleged that subsequent reports filed by the care provider and guardian did not recommend any changes to the existing visitation arrangement, nor did they indicate that in-person visitation would be restricted or eliminated.

Florida Court Explains Grounds for Issuing a Domestic Violence Injunction

Published on: March 21, 2026 | by Sandy T. Fox

Domestic violence injunctions serve as an important legal tool to protect individuals from harm, but courts must carefully apply statutory requirements before restricting parental rights and contact. A recent Florida decision highlights the necessity of proving either actual domestic violence or a reasonable fear of imminent harm, particularly when an injunction affects a parent-child relationship. If you have questions about domestic violence injunctions, you should talk to a Miami domestic violence attorney who can help you protect your interests.

Facts and Procedural History

Allegedly, the mother filed a petition seeking an injunction for protection against domestic violence on behalf of a minor child, asserting that the father had engaged in abusive conduct and that the child feared future harm.

It is alleged that the petition described prior incidents of alleged physical and emotional mistreatment, including a past disciplinary incident and statements attributed to the father that caused the child distress. The mother also cited an incident during a visitation exchange in which the child became upset and resisted leaving.

Florida Court Discusses Statutory Requirements for Dependency Proceedings

Published on: March 14, 2026 | by Sandy T. Fox

Termination of parental rights represents one of the most serious actions a court can take, permanently severing the legal relationship between a parent and child. Florida courts require strict compliance with statutory and constitutional safeguards before granting such relief, including proof of abandonment, best interests, and the least restrictive means of protecting the child. A recent Florida opinion illustrates how courts evaluate parental involvement, credibility, and the child’s long-term stability when determining whether termination is appropriate. If you are facing dependency proceedings, it is essential to consult with a Miami child custody attorney to determine your options.

Case Setting

Allegedly, the child was born prematurely to a mother struggling with substance abuse, and the Department became involved shortly after birth. The child was placed with foster parents within weeks, where the child remained throughout the proceedings.

It is alleged that the father initially denied paternity and declined to participate in the dependency process, despite being notified. Months later, the father appeared in the proceedings and asserted parental rights, at which point paternity testing confirmed his biological relationship to the child.

Florida Court Discusses Attorneys’ Fees in Divorce Cases

Published on: March 7, 2026 | by Sandy T. Fox

Attorneys’ fee awards in family law cases often play a significant role in ensuring fairness between parties with differing financial resources. However, courts must carefully follow established legal standards when determining the appropriate amount of fees to award. A recent Florida decision illustrates how trial courts must apply the lodestar method and make detailed findings to support any reduction in requested fees. If you are contemplating a divorce, you should consult a Miami divorce attorney to discuss how you can protect your financial interests.

Facts and Procedural History

Allegedly, the trial court entered a final judgment of dissolution of marriage that reserved jurisdiction to determine the claim for attorneys’ fees and costs. Nearly two years later, the wife submitted a detailed affidavit requesting approximately $73,000 in fees for legal services rendered during the litigation.

It is alleged that the husband opposed the request, arguing that he was not in a superior financial position and should not be required to contribute to the wife’s fees. The trial court conducted an evidentiary hearing, admitted the fee affidavit into evidence without objection, and determined that the wife needed fees and that counsel’s hourly rate was reasonable.

Florida Court Discusses Custody and Contempt Proceedings

Published on: February 26, 2026 | by Sandy T. Fox

Child support rulings can reshape a parent’s financial future overnight, but when courts impose obligations without clearly establishing the ability to pay, those rulings may not withstand scrutiny. Florida law requires precise findings to support both child support awards and enforcement measures such as contempt, ensuring that financial obligations remain fair, enforceable, and grounded in reality. A recent Florida opinion demonstrates how overlooking these requirements can unravel key portions of a family law judgment and force further proceedings. If you are involved in a child support dispute or facing enforcement actions in South Florida, speaking with a Miami family law attorney can help you protect your rights and secure a legally sound outcome.

Case Setting

Allegedly, the father initiated appellate proceedings after the trial court entered a final judgment addressing paternity, time-sharing, and child support obligations. The trial court’s order required the father to pay ongoing child support as well as retroactive support, but the judgment did not include specific findings regarding the father’s present ability to pay those amounts.

It is alleged that the trial court also imposed an obligation requiring the father to pay a percentage of the child’s extracurricular activity expenses. The provision allowed the respondent to enroll the child in activities without requiring mutual agreement, potentially exposing the father to open-ended financial responsibility regardless of his financial circumstances.

Florida Legislature Considers Child Custody Bill

Published on: February 12, 2026 | by Sandy T. Fox

Family law disputes involving time-sharing can have immediate and lasting consequences for both parents and children, particularly when delays in court intervention prevent meaningful enforcement of custody arrangements. In Florida, lawmakers are increasingly focused on addressing these delays and ensuring that parents can maintain consistent access to their children. A recent legislative proposal highlights the urgency of these concerns and reflects a broader effort to streamline time-sharing enforcement and reduce prolonged uncertainty. If you are dealing with a custody or time-sharing dispute in South Florida, speaking with a Miami family law attorney can help you understand your rights and pursue timely relief.

Facts and Procedural History

Reportedly, a Florida legislator introduced a bill to address delays in enforcing time-sharing arrangements, initially proposing that courts assign a duty judge to be available at all times to handle such disputes. The proposal was intended to provide immediate judicial intervention when one parent denies the other access to a child.

It is reported that the legislator later amended the bill by removing the requirement for a 24/7 duty judge, instead shifting the focus toward expediting court proceedings related to time-sharing. The revised proposal emphasizes the need to prioritize these matters within the court system.