Martindale-Hubbell
The National Advocates
The National Advocates
National Board of Trial Advocacy
The Florida Bar
Best Lawyers
Client Distinction Award
The National Advocates

Published on: | by

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.

Continue reading ›

Published on: | by

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.

Continue reading ›

Published on: | by

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.

Continue reading ›

Published on: | by

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.

Published on: | by

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.

Continue reading ›

Published on: | by

Post-judgment challenges to marital settlement agreements can quickly become contentious, particularly when one party claims fraud based on undisclosed financial information. Florida courts, however, place a strong emphasis on the finality of judgments and require more than mere allegations before reopening settled matters or allowing intrusive discovery. A recent Florida decision demonstrates how courts balance these competing interests and reinforces the need for concrete, well-supported claims before disturbing a final judgment. If you are considering challenging or defending a marital settlement agreement in South Florida, consulting with a Miami family law attorney can help you navigate these complex legal standards and protect your financial interests.

Facts and Procedural History

Allegedly, the parties resolved their dissolution of marriage through a marital settlement agreement that was incorporated into an agreed final judgment entered by the trial court. The agreement addressed issues including support and financial obligations, and the wife began receiving payments pursuant to its terms.

It is alleged that several months after entry of the final judgment, the wife filed a motion to vacate the agreement, asserting that the husband had made fraudulent misrepresentations regarding his income. The wife claimed that the husband failed to update his financial affidavit after receiving a promotion, which allegedly resulted in increased earnings.

Published on: | by

Child custody and parental rights disputes increasingly intersect with evolving methods of conception, raising complex legal questions about who qualifies as a parent under Florida law. When children are conceived outside traditional clinical settings, courts must carefully interpret statutes that were drafted in response to rapidly developing reproductive technologies. A recent decision from the Florida Supreme Court highlights how statutory interpretation can dramatically affect parental rights, particularly when informal methods like at-home artificial insemination are involved. If you are facing a dispute involving paternity, parental rights, or nontraditional conception methods in South Florida, consulting with a Miami family law attorney can help you understand your rights and protect your relationship with your child.

History of the Case

Allegedly, the dispute arose when the father provided sperm to a same sex couple for the purpose of conceiving a child through at-home artificial insemination. The insemination was successful, and the child was later born during the couple’s relationship, with both members of the couple listed as parents on the birth certificate.

It is alleged that after the couple separated, the father sought to establish legal paternity and obtain parental rights with respect to the child. The father filed an action in the trial court requesting recognition as the child’s legal father.

Published on: | by

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.

Continue reading ›

Published on: | by

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 ›

Published on: | by

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.

Continue reading ›