Generally, in Florida custody cases in which both parents have parental rights, the courts will preclude either party from independently relocating a child without their co-parent’s permission or leave of court. As such, if a party does so, a court may order them to return the child in question to…
It is well established under Florida law that, absent a prenuptial or postnuptial agreement, marital assets are subject to equitable distribution in divorce actions, while separate assets are not. It is not uncommon for a court to mischaracterize an asset, however, and order a separate asset to be divided among…
Florida family law courts handling cases involving minor children aim to rule in the children’s best interest. Unfortunately, in some instances, doing so requires the courts to declare a child dependent due to the parent’s inability to provide them with proper care. The Department of Children and Families must produce…
In many Florida divorce actions, one party will seek alimony from the other. In determining whether to grant alimony requests, among other things, the courts will evaluate both parties’ income. Additionally, if one party is not employed, the courts may impute income to them. Regardless of whether a court assessment…
When determining parental rights in Florida custody cases, the court’s sole focus is what is in the child’s best interest. The Florida courts recognize, though, that circumstances can change, and if they do, it may also alter what is considered to be in a child’s best interest. In a recent…
Pursuant to Florida law, with few exceptions, any assets obtained during a marriage are considered marital property, while property obtained prior to the marriage remains separate. Applying this general rule can become complicated in divorce actions in which the parties mingle separate and marital assets. As discussed in a recent…
In many marriages, one party earns the bulk of the income while the other takes care of the home. If a couple with such an arrangement decides to divorce, the lesser-earning party may be eligible for alimony. Further, if the court errs in determining the amount of alimony owed, they…
In Florida divorce proceedings, it is not uncommon for parties to enter into a marital settlement agreement that defines their post-dissolution rights and obligations. Such agreements are contracts and are enforceable as such, which means if one party fails to abide by the terms of the agreement, the other party…
People who decide to end their marriage have the right to determine their rights and obligations and to memorialize them in a marital settlement agreement. Any agreement entered into with regard to the division of property and debts, custody, and other family law issues must be entered into knowingly and…
Florida courts handling child custody disputes are driven by what is in the best interest of the child. Absent an emergency situation, though, parents in child custody cases have the right to due process, which means, among other things, they should be provided notice of any hearings impacting their rights.…
