Articles Posted in Uncategorized

Published on: | by

Emergency disputes involving children and sudden interstate moves often force courts to act quickly, sometimes before a full evidentiary record can develop. Florida law draws an important distinction between relocations that occur after a court order or pending action and those that happen beforehand. A recent ruling from a Florida court illustrates how that distinction affects a trial court’s authority and emphasizes that a child’s best interests must remain the guiding principle even in urgent circumstances. If you are dealing with an emergency relocation or return order, you should consult with a Miami family law attorney to understand how timing, procedure, and statutory limits can shape the outcome of your case. 

Facts and Procedural History

Allegedly, the husband and wife were married and had three minor children together. During the marriage, the family encountered financial difficulties. In response to those challenges, the husband relocated with the children from Florida to Tennessee, where his parents co-owned a residence. After the move, the husband enrolled the children in school and claimed to have pursued new employment opportunities.

It is alleged that after the husband moved with the children, the wife filed a petition for dissolution of marriage in Miami-Dade County. Along with seeking dissolution, the wife requested emergency relief in the form of an order requiring the immediate return of the children to Florida. She asserted that the husband had unilaterally relocated the children without her consent.

Reportedly, a general magistrate reviewed the emergency request and recommended that the children be returned to Florida. The trial court ratified that recommendation and entered an emergency return order directing the husband to expeditiously return the children from Tennessee.

It is reported that the husband sought appellate review of the non-final order and moved for a stay, arguing that the trial court improperly relied on Florida’s child relocation statute and failed to conduct a best interests analysis before ordering the children’s return. He contended that enforcement of the order would cause harm while the appeal was pending.

Emergency Relocation Requests

On appeal, the court analyzed the stay request by examining both the likelihood of success on the merits and the potential harm if a stay were denied. Although courts generally defer to trial courts in temporary timesharing matters, that discretion must still operate within the bounds of established law, with the child’s best interests serving as the controlling consideration.

The court focused on the scope of Florida’s child relocation statute. By its plain language, the statute applies only when a parent changes the principal residence at the time of the last order establishing or modifying time sharing, or at the time a pending action is filed. Florida appellate courts have consistently interpreted this language to mean that the statute does not govern relocations that occur before the filing of a dissolution or paternity action and before any time sharing order exists.

Applying that interpretation, the court determined that the husband’s move occurred before the wife filed the dissolution action. As a result, the relocation statute did not apply, and the trial court could not rely on its provisions to justify an emergency return order. The court explained that this statutory limitation does not leave trial courts powerless. Courts retain authority under other provisions of Florida law to establish parenting plans and to address situations in which a child may have been removed to evade judicial oversight.

However, when the relocation statute does not apply, the court must still conduct a best interests analysis before ordering the return of children. The court acknowledged the time pressures faced by the trial court, particularly given congested dockets and the urgent nature of the request. Even so, the absence of a best interests determination rendered the emergency return order procedurally deficient.

To preserve the status quo during review and prevent potential harm, the court granted the stay of the return order. At the same time, recognizing the importance of prompt resolution in cases involving children, the court relinquished jurisdiction for a limited period. This allowed the trial court to convene a hearing, evaluate the relevant factors, and issue an order grounded in a proper best interests analysis.

Talk to a Knowledgeable Miami Child Custody Attorney

Emergency relocation disputes can escalate quickly and carry lasting consequences for parents and children alike. If you are seeking the return of children, opposing an emergency order, or navigating timesharing issues at the outset of a dissolution case, it is wise to speak with an attorney about your options. The knowledgeable Miami child custody attorneys at the Law Offices of Sandy T. Fox, P.A. assist clients throughout South Florida with complex custody, relocation, and emergency family law matters, and if you hire us, we work diligently to protect your rights. To discuss your situation with us, call 800-596-0579 or contact the firm online.

 

Continue reading ›

Published on: | by

Paternity disputes often unfold at the crossroads of biology, legal status, and parental identity, and few issues in family law ignite more urgency than determining who has the right to claim fatherhood. A recent ruling from a Florida court shows how quickly these cases can turn, especially when one man is already recognized as the legal father, and another comes forward with DNA evidence. If you are involved in a paternity dispute, it is smart to talk to a Miami family law attorney to ensure your rights are protected as your case unfolds.

Facts and Procedural History

Allegedly, the appellee filed a petition to determine paternity shortly after the child’s second birthday, asserting that he was the legal and biological father. The birth certificate filed with the petition listed him as the father, and a Certificate of Live Birth included a voluntary acknowledgment of paternity signed by both the petitioner and the child’s mother, witnessed by two individuals. Both affirmed they were the natural parents and were unmarried at the time of the child’s birth.

It is alleged that 10 days later, the mother filed a verified motion disputing the appellee’s biological paternity and requesting DNA testing. The appellee responded, noting that testing had been scheduled but that the acknowledgment of paternity already established legal paternity under Florida law. Following a hearing, the court found him to be the legal father and declined to order genetic testing. Continue reading ›

Published on: | by

Under Florida law, alimony determinations must be supported by specific factual findings regarding both parties’ financial circumstances. This means, in part, that courts must carefully assess the needs of the receiving spouse and the ability of the paying spouse to meet those needs. The importance of adhering to statutory guidelines and making detailed findings in alimony awards was highlighted by a recent Florida decision. If you are involved in a divorce case with alimony disputes, consulting a Miami family law attorney can help protect your interests and ensure proper adjudication.

Case Setting and History

It is reported that the husband and the wife divorced. The parties’ dissolution of marriage proceeding included disputes over the amount and duration of alimony. The trial court awarded the wife permanent alimony based on the parties’ gross incomes and retroactive alimony for a specific period.

It is alleged that the husband appealed, arguing that the trial court failed to make the required specific findings regarding the parties’ net incomes, improperly based the alimony award on gross rather than net incomes, and awarded retroactive alimony without determining the former wife’s need for support or the husband’s ability to pay during the retroactive period.

Continue reading ›

Published on: | by

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 the right to obtain discovery of a party’s assets in a matter in which the court reversed the trial court’s denial of a discovery request related to property awarded to a party in the judgment of dissolution. If you are concerned about how divorce may impact you financially, it would benefit you to meet with a Miami divorce attorney as soon as possible.

Case Background

It is reported that the husband and wife divorced in 2008. Pursuant to the final judgment of dissolution, the husband was ordered to pay the wife permanent alimony of $13,000 per month. In 2019, the wife filed a motion for content and enforcement due to the fact that the husband failed to make a required alimony payment.

Allegedly, the husband filed a motion to modify the alimony obligation in response. The wife then sought discovery regarding the husband’s finances, including information about the husband’s sale of an asset that was awarded to him in their divorce settlement. The husband objected to the request, and the court found in favor of the husband, limiting the wife’s discovery with regard to the sale of the asset. The wife filed a petition for certiorari, arguing that the trial court deviated from the essential requirements of the law in limiting her right to discovery. Continue reading ›

Published on: | by

When a couple that has children decides to end their marriage, they will generally task the court with determining their paternal responsibility, such as how custody should be split. Prior to making custody decisions, courts consider a number of criteria, including whether one partner has committed acts of domestic abuse. Regardless of whether another court believes that custody should be adjusted because of domestic violence, if a family court issues an order granting timesharing rights, that ruling will govern parental rights. This was proven in a recent Florida decision in which the court overturned a domestic violence order that affected the father’s parenting rights to some extent. If you have any issues about your custody rights, you should speak with a skilled Florida family law lawyer promptly.

The Factual and Procedural History 

Allegedly, in 2016, the wife filed a petition for divorce. She also filed a petition seeking a domestic violence order against her spouse shortly after filing the divorce petition. She detailed multiple incidents in which her husband threatened her with violence, verbally harassed her, and pushed her in the years leading up to the filing of the domestic violence petition.

The court allegedly issued a default order against the spouse but did not include a provision regulating the parties’ minor children’s timesharing. Because the spouse had not received appropriate notice of the final hearing on the injunction, the court annulled the order and scheduled a new hearing in 2020. Following the hearing, the court issued another order, this time granting the wife full timesharing rights. The spouse filed an appeal, claiming that the injunction was in violation of the custody order issued by the family court. Continue reading ›

Published on: | by

Broadly speaking, Florida courts have the authority to grant alimony and establish the proper amount of maintenance. However, the courts must follow specific rules, and if they award alimony outside of the prescribed bounds without good reason, their decisions may be overturned. A Florida court recently reviewed grounds for overturning a trial court’s alimony order in a divorce case when the support obligation left the paying party with significantly less money than the party receiving support. If you want to dissolve your marriage or have been served with divorce papers, you should contact a reputable Florida divorce attorney as soon as possible to discuss your choices.

The Trial Court’s Decision

According to reports, the couple filed a petition for divorce. The parties each presented external auditors who testified about the husband’s ability to pay alimony during the case’s trial. The experts’ opinions were based on the value of the husband’s business, changes in industry norms that affected his firm, operational costs, and the line of credit he was obliged to maintain for the business’s operation.

The wife’s expert allegedly stated that she required more than $9,000 every month and that the husband earned more than $15,000 each month. The husband’s expert, on the other hand, testified that the wife needed about $7,800 each month and that the husband had a negative net income of about $2,000 each month. The trial court determined that the husband could pay $8,000 per month in alimony and ordered him to give the wife with dental and health insurance as well as get a life insurance policy to guarantee the alimony. The husband filed an appeal. Continue reading ›

Published on: | by

While it may not happen often, it is possible for a party to a divorce action passes away while the case is pending. In such cases, the courts are likely to dismiss the case because a petition for dissolution of marriage is rendered irrelevant if one of the parties is no longer alive. However, as indicated in a recent Florida judgment, the court approaches the issue of implementing a divorce decree differently if one of the former spouses passes away. If you want to leave your marriage, you should talk with an experienced Florida divorce lawyer as soon as possible to discuss your choices.

The Case’s Details

In 2008, the husband and wife got divorced, according to reports. The woman had the right to remain in the former marital harm under their marital settlement agreement, which was incorporated into the final judgment of dissolution. The right was given on the condition that the wife would take on certain financial responsibilities associated with the home. The spouse died not long after the couple divorced.

The husband’s estate then allegedly filed two motions: one wanting to be substituted as a party in the divorce case, and the other asking for the wife to be ordered to leave the residence. The second motion was based on the claim that the wife had failed to meet the financial commitments imposed by the marital settlement agreement, resulting in the home’s foreclosure. The motions were dismissed by the trial court, and the estate appealed. Continue reading ›

Published on: | by

When a couple with minor children decides to end their marriage, they will typically be granted joint custody rights.  In some cases, however, the court will grant one parent will be greater custody rights at first. Subsequent changes in the parties’ situations are common, though, and will typically inspire the court to modify the custody order and grant the other parent primary custody of the child. A Florida court recently considered whether a modification order that transfers the majority of parental time from one parent to the other must contain provisions that allow for the other parent to take measures to restore significant time sharing rights. If you are fighting for custody of your child, it is in your best interest to consult a dedicated Florida child custody lawyer to discuss your rights.

The Factual Background

Allegedly, the mother and father separated in 2015. The mother was awarded the majority of parental time with the couple’s minor child under the terms of the divorce decree. The father requested a change in the parenting arrangement in 2019. The adjustment was granted by the court, resulting in the father receiving the majority of parenting time.

Continue reading ›

Published on: | by

Generally, when a parent wishes to define custody rights, they will file a custody lawsuit in the jurisdiction in which they, their child, and their co-parent reside. In some instances, however, co-parents may not agree as to which county or state is considered the child’s place of residence. In such instances, the Florida courts will typically analyze numerous factors to determine where the child’s home exists and if it can exercise jurisdiction over a custody dispute pertaining to the child. For example, in a recent Florida opinion, a court explained what it considers when evaluating whether a child is a Florida resident, in a case in which the mother and father filed custody disputes in New Jersey and Florida, respectively. If you are engaged in a dispute over custody, it is advisable to contact a Florida child custody lawyer to assess your options for seeking a favorable outcome.

The Facts of the Case

It is reported that the mother and the father lived with the father’s parents in Florida for many years. Once the child was conceived, the parents moved to New Jersey to obtain the care of a specific obstetrician. The mother gave birth to the child in New York, after which the parents and child went back to Florida. They initially intended just to vacation there but ended up living with the paternal grandparents again for over six months. The mother returned to New Jersey on numerous occasions during that time to tend to her business.

Allegedly, the parties’ relationship deteriorated, and the mother returned to New Jersey with the child. She then sought an injunction for protection against domestic violence, and one week later, the father filed a paternity action in Florida. The following day, the mother filed a custody action in New Jersey and moved to dismiss the Florida paternity case, arguing New Jersey had jurisdiction over the child under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The trial court conducted a hearing, after which it denied the motion. The mother then appealed. Continue reading ›

Published on: | by

Disputes over money are one of the leading causes of divorce. It is not surprising, then, that in many divorce cases, the parties will engage in contentious disagreements over how assets and property should be divided. In an attempt to mitigate such disputes, the Florida courts engage in a three-step process for determining what constitutes an equitable division of property. If the court disregards the process and divides property without properly identifying assets and liability, it may constitute grounds for a reversal of an equitable distribution award, as demonstrated in a recent Florida ruling. If you wish to end your marriage, it is critical to engage a capable Florida divorce lawyer to assist you in safeguarding your interests.

The History of the Case

The facts of the case are sparse. It is merely reported that the husband and wife were engaged in divorce proceedings, and the trial court issued a final judgment dissolving the marriage. The husband subsequently appealed, arguing that the alimony award and equitable distribution awards dictated by the judgment must be reversed. The appellate court agreed, and vacated the trial court ruling, and remanded for further proceedings.

The Florida Equitable Distribution Process

In Florida, equitable distribution is typically a three-step process. Specifically, it requires the identification of nonmarital and marital assets, a valuation of any assets deemed marital, and distribution of marital assets as dictated by statute. In the subject case, the husband argued that the trial court erred in failing to identify all of the parties’ liabilities and assets and deem them either marital or nonmarital. The appellate court agreed. Continue reading ›