A recent ruling by the Third District Court of Appeal sided against a Native American mother in her attempt to invoke the jurisdiction of the Miccosukee Tribal Court to resolve a custody dispute regarding two children she shared with a man who was not Native American. The decision has substantial…
A Tampa lesbian couple who married in Massachusetts in 2010 encountered a roadblock recently in their ongoing effort to get divorced. A trial court judge ruled that, because Florida law does not recognize same-sex marriages as valid, Florida courts lack the authority to dissolve them, the Tampa Tribune reported. The…
Sometimes, in divorce matters, a couple can seem to reach a mutual agreement on the distribution of their marital assets, only to uncover a sticking point later. Such was the case for one Florida couple, who battled over the division of the husband’s military pension. The Second District Court of…
When going to court for a determination of timesharing, it is important to understand what the judge can and cannot do. Florida’s law regarding the establishment of a timesharing plan for a divorcing couple’s children is based upon a public policy that strongly favors giving a child “frequent and continuing…
A wife’s effort to claim to claim two burial plots as belonging solely to her failed as a result of an unfavorable 1st District Court of Appeal decision. The court concluded that, although the two plots were her separate assets when her aunt gave them to her, one of the…
A father’s desired move with his two sons from Florida to New Jersey fell flat because, although he persuaded a trial court judge to OK the relocation, the trial court order failed to make findings that the move benefited the children. The 5th District Court of Appeal reversed the ruling,…
A magistrate judge modified a husband’s child support obligation, in part, due to the magistrate’s own opinions about the wife’s true income as a nail salon worker, in addition to relying on outside sources like an IRS tax guide. Because these were not proper bases for making a determination, the…
A husband succeeded used a procedural basis to persaude the 4th District Court of Appeal that it should revive a reduction of his child support. The appeals court concluded that the husband was correct that the man’s ex-wife’s trial court motion, which sought to reinstated his original, higher support obligation,…
An ex-husband successfully secured primary physical custody of the four children he shared with his ex-wife, but failed to persuade a trial court to order his ex-wife to pay child support on all four children. That’s because a governmental agency already paid a monthly stipend for the fourth child and,…
A Florida Congressman noted for his provocative rhetoric, particularly regarding his political opponents and women’s issues, scored a legal victory when his estranged wife chose to file a voluntary dismissal of her domestic violence injunction petition. Police officials previously announced that they would not pursue criminal charges against the Congressman…