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It is critical to litigate a family law issue in the proper jurisdiction in order to preserve the rights of all parties concerned. When a couple has lived in more than one jurisdiction during the course of their marriage, the question of which state or country has the authority to decide over the divorce proceedings might lead to contentious disagreements. In a case where divorce proceedings were filed in both Spain and Florida, a Florida court recently reviewed the process of assessing what court has jurisdiction over a divorce action. If you wish to seek a divorce, you should consult with an experienced Florida family law attorney to assess what actions you should take to protect your rights.

History of the Case

Allegedly, the husband and wife, both Spanish citizens, married in Spain in 2008. They moved to Southern Florida after having two children. They were subsequently accused of criminal activity in Luxembourg, after which the husband pressured the wife to sign an agreement. The wife refused and then fled with the children to Florida, prompting the husband to submit an emergency petition for the children’s return as well as a divorce petition.

It is reported that the husband subsequently filed a second divorce petition in Spain. Following his dismissal of the Florida case, the wife filed her own divorce petition in Florida. The husband then served the wife with the Spanish divorce petition and moved to dismiss the Florida case. The court ultimately concluded that Spain had jurisdiction over the matter and granted the husband’s motion. The wife appealed. Continue reading ›

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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.

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The most divisive issues in many divorce proceedings are how to distribute property and whether either party is due to spousal maintenance. In some cases, spousal support may be appropriate, but the court must first establish specific factual findings before issuing an order requiring one spouse to provide financial support to the other; otherwise, the decision may be unfair. In a recent Florida opinion, a court discussed whether alimony was acceptable after the husband challenged an order providing the wife support. If you’ve decided to seek a divorce, it is smart to enlist the services of an experienced Florida divorce lawyer to fight for your rights.

The Factual Background

It is reported that the husband and wife had been married for over two decades when the wife filed for divorce in 2016. The husband worked as a neurologist for most of the marriage, but he had a heart attack four years after they married and received disability payments, so he cut back on his work hours. The wife was initially was a stay-at-home mom but went back to work as a physical therapist a few years before the marriage ended.

Allegedly, the husband was earning around $200,000 per year at the time of the divorce, while the wife was making around $85,000. The court issued an order awarding the wife alimony in the amount of $2,000 per month. The husband filed an appeal, claiming that the court had failed to make the requisite factual findings to sustain the order. Continue reading ›

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If a party declines to reply to a complaint in a divorce matter, the court may issue a default judgment against them, just as it might in other lawsuits. While a default decision may be appropriate in a simple divorce case, it is not acceptable in a case involving child custody. In a recent Florida opinion, the appellate court discussed whether a judgment by default in a custody matter was proper, ultimately ruling that it was not. If you or your spouse intends to seek a dissolution of your marriage, it is critical to understand your rights, and you should meet with a capable Florida divorce attorney as soon as possible.

The Facts of the Case

Allegedly, the couple wed in 2015. They had one child together, but shortly thereafter ended their romantic relationship. The wife instituted a divorce action in 2019. The wife noted in her petition that the parties shared a child. The wife was living in Key West, the husband in Illinois, and the child was living with the husband’s relatives in Florida at the time. A Sheriff’s deputy in Illinois personally served the divorce papers to the husband.

The husband allegedly did not appear in court or make any attempt to challenge the divorce. A hearing took place in February 2020, and a special magistrate suggested that the wife’s petition be granted, giving her sole custody of the child. The court subsequently issued a default judgment, terminating the marriage and awarding exclusive custody of the child to the wife. The husband then filed an appeal. Continue reading ›

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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 ›

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Parties who share custody of a child do not always agree with the court’s determination as to their custody rights. While they have the right to seek a modification, they must produce evidence that is sufficient to show that a change is necessary; otherwise, the courts should deny their request. If a court grants a custody order without finding that it is warranted due to a significant change in circumstances, the order may be reversed on appeal. This was demonstrated in a recent Florida case in which the court reversed the trial court’s order modifying custody on the grounds that it did not include such a finding. If you need assistance with a custody dispute, it is smart to speak to a Florida child custody lawyer about your options for protecting your parental rights.

Facts of the Case

It is alleged that a trial court issued an order modifying the father’s timesharing rights with regards to a minor daughter. Shortly before the modification order was issued, though, another court entered a five-year domestic violence injunction order against the father, which, among other things, limited his timesharing with his daughter to supervised visits. In contrast to the injunction, the modification order issued in the custody proceeding granted the father unsupervised timesharing rights after he completed specified requirements. The mother appealed the order modifying custody.

Grounds for Modifying Child Custody Orders

The appellate court found in favor of the mother and reversed the custody order, and remanded the matter for further proceedings. The appellate court noted that the modification order, on its face, neglected to state that any material, substantial, and unexpected change in circumstances had occurred after the injunction order was entered or that a modification of the injunction order was in the minor child’s best interests. Continue reading ›

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When it is not clear who the father of a child is, both the child’s mother and any potential father have the right to file a paternity action. A determination of paternity not only opens the door for the father to seek parental rights like custody of the child, but it also allows the court to impose obligations on the father, like the duty to pay child support. If a court’s judgment of paternity fails to include necessary information, though, it may be reversed, as shown in a recent Florida ruling set forth in a paternity case. If you have questions regarding establishing parental rights or enforcing parental obligations, it is advisable to meet with an experienced Florida paternity lawyer to evaluate your options.

The History of the Case

It is reported that the mother instituted a paternity action to establish the identity of the father of her child. The court ultimately issued a final judgment of paternity, naming the father. The mother appealed, citing four issues. The appellate court affirmed the trial court’s ruling as to two of the issues without comment. As to the remaining two issues, however, the court found in favor of the mother. As such, it reversed the final judgment and remanded the matter to the trial court for further proceedings.

Final Judgments in Paternity Matters

The two issues the appellate court addressed on appeal were whether the trial court erred in neglecting to include a parenting plan in the record and failing to attach the child support guidelines worksheet to the final order. The court noted that the father conceded that these documents were forgotten due to a scrivener’s error. The appellate court explained that, pursuant to Florida law, it must reverse an order granted child support if the child support guidelines worksheet is not attached to the final judgment. Continue reading ›

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In many divorce actions, the financial means of the parties are disputed, leading to contentious and protracted litigation. The Florida courts generally aim to issue fair and impartial rulings regarding child support and alimony in accordance with the statutory guidelines, however, which requires, in part, that they conduct a thorough assessment of the need of the party seeking support and the ability of the opposing party to pay. If a court fails to conduct an adequate evaluation prior to awarding support, it may constitute grounds for reversal. This was demonstrated recently in an opinion issued by a Florida court in a divorce matter. If you are considering ending your marriage, it is smart to speak to a trusted Florida divorce lawyer to discuss how a divorce may impact you financially.

The History of the Case

It is reported that the husband and wife lived together for eight years prior to marrying and were married for fourteen years. They had two children during their marriage. The wife filed a petition for dissolution of marriage, which set off eight years of litigation. The parties signed a prenuptial agreement shortly before their marriage that was later deemed invalid by the trial court.

Allegedly, the husband served in the United States Armed Forces, and after he retired, worked as a sheriff’s deputy. He also performed jobs when he was off duty. His income fluctuated throughout the course of the divorce proceedings, and at times his net monthly income was slightly less than $6,000. The wife was medically unable to work, and therefore the trial court declined to impute income to her. The trial court ordered the husband to pay $7,500 each month for child support and alimony. The husband appealed. Continue reading ›

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The Florida courts generally try to maintain the relationship between parents and their children. They will not do so to the detriment of a child, however, and if they find that a parent engages in conduct that harms a child, they may sever the parent’s rights. Recently, a Florida court discussed the grounds for terminating parental rights in a case in which the mother argued the trial court erred in determining that she should no longer be permitted to parent her children. If your parental rights are in jeopardy, it is vital to retain a skilled Florida child custody lawyer attorney to help you fight to protect your rights.

The Facts of the Case

It is reported that the mother had three minor children. The parental rights of the father, who was the biological parent of the two younger children, were terminated after he sexually abused the oldest child. Additionally, the trial court entered an injunction prohibiting the father from coming within 500 feet of the home where the mother lived with the children or having any contact with the children.

Allegedly, the oldest daughter awoke one night to find the father assaulting the mother. When she attempted to stop the assault, the father choked and hit her. The Department of Children and Families (DCF) later learned that the father routinely visited the residence, in violation of the court order. DCF then moved to terminate the mother’s parental rights on the grounds that she engaged in egregious conduct. During an adjudicatory hearing, the mother admitted she never ended her relationship with the father, and the evidence demonstrated he was regularly within the home. The court terminated the mother’s rights, and she appealed. Continue reading ›

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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 ›