When issuing custody orders, the Florida courts’ paramount concern is what is in the best interest of the child. Circumstances can change, however, and an order that was once appropriate may no longer serve a child’s interests. While the courts can modify child custody orders, absent an emergency, they cannot…
In Florida, the courts may terminate parental rights if they believe a child faces a risk of harm if they remain in the parent’s custody. In some instances, however, the courts may find cause to terminate a parent’s rights even if a child is a newborn, as demonstrated recently in…
In Florida, when a couple with minor children divorces, the courts must not only determine the parents’ rights with regard to child support and visitation, but also which parent can make important decisions about how the child will be raised. As explained in a recent Florida ruling, the law dictates…
In any Florida family law case involving a minor child, the court is obligated to rule in the child’s best interest. Thus, if a party fails to demonstrate how or why their requested relief will benefit the child in question, their request will likely be denied. This was illustrated recently…
When Florida family courts incorporate marital settlement agreements into final orders of dissolution, they will often retain jurisdiction over any issues that subsequently arise regarding the agreements. In such instances, if a party files an action in a different court, it will most likely be deemed improper. As explained in…
Pursuant to Florida law, when a couple divorces, their marital assets are subject to equitable distribution, while their separate assets remain separate. The distribution process can become complicated, however, if the parties mingle separate and joint assets throughout their marriage. This was demonstrated in a recent case in which a…
Florida law permits parties to seek alimony in divorce actions. The courts will only grant alimony if they deem it necessary under the circumstances. In other words, the courts must typically find that the divorce will cause a party to suffer financial hardship in order to grant them alimony. Thus,…
Generally, when a child is born to a married couple, both parents have the right to care and custody of the child. Pursuant to Florida law, however, when a child is born out of wedlock, the mother is deemed the child’s natural guardian and has the right to sole custody…
Discovery is a crucial part of the divorce process, as it allows the parties and court to evaluate community debts and assets. As such, if the court limits or denies a party’s discovery requests, it may impair their right to assert certain claims or arguments. Recently, a Florida court discussed…
It is within the authority of the Florida courts not only to award alimony in divorce actions but also to modify existing alimony orders. In either scenario, however, the court must set forth certain factual findings; otherwise, any order issued may be subject to reversal. This was illustrated in a…