Author Archives: Michael DeVoe
Temporary Custody by Extended Family
Temporary custody by extended family member allows relatives within the third degree by blood or marriage to obtain legal custody of a child. Relatives within the third degree include grandparents, aunts, and uncles. Florida law has been expanded to allow “fictive kin” to seek temporary custody. “Fictive kin” includes non-relatives with whom the child… Read More »
HIPAA and Medical Records in Divorce
A party’s medical or therapy records arguably may be relevant to an issue in a divorce or paternity action. The party to whom the records belong often objects to disclosure based on HIPAA or Florida law. However, these laws do not prevent disclosure of a party-opponent’s medical records if disclosure is pursuant to a… Read More »
Are Unvested RSUs Considered Marital Property in Florida?
Restricted share units (RSUs) are a type of equity compensation similar to stock options. Both are forms of equity compensation provided to employees as a part of their overall compensation package. However, there are some key differences between the two: Ownership: RSUs represent actual shares of the company’s stock, whereas stock options provide the… Read More »
Parents Disagree on Vaccinating Kids?
How do parents in Florida resolve disagreement about vaccinating their children, including disagreement over the COVID vaccination? Courts are required to grant parents “shared parental responsibility” unless it would be detrimental to their child.[1] “Shared parental responsibility” means major decisions affecting the child are to be made after the parents confer and reach an… Read More »
Divorce vs Dissolution of Marriage
The difference between divorce and dissolution of marriage is that divorce requires proof of fault, and dissolution of marriage does not. Marriages in Florida used to be ended by filing for “divorce.” Today marriages are dissolved by filing a petition for “dissolution of marriage.” Historically, “divorce” in Florida referred to the fault-based system for… Read More »
Orange County’s COVID-19 Court Orders
As of this writing, the Ninth Circuit has issued five administrative orders in response to COVID-19 in less than a week. Administrative Order 2020-06-02 (entered 4/14/2020)(Amended AOSC 2020-06 that was retroactive to 3/16/2020, Amended 2020-06-01 entered 3/20/2020) –Implements AOSC20-15 at a circuit level. Tracks definitions of “essential” and “critical” court proceedings. Directs that essential… Read More »
Florida Supreme Court COVID-19 Orders
As of this writing, the Florida Supreme Court has issued over seven emergency administrative orders in response to COVID-19 in less than two weeks. Among them include: AOSC20-12 (3/11/2020) – Directs chief judges to take steps to mitigate the spread of COVID-19 (e.g. implementing “social distancing” and sanitation procedures). AOSC20-13 (3/13/2020) –Suspends as “non-essential”… Read More »
Co-Parenting Tips During COVID-19
Changes in routine and uncertainty with the future can put your co-parenting skills to the test. Here are seven things you can do to parent effectively in challenging times. Parenting Guidelines During COVID-19
Helping Kids Cope with COVID-19 Stress
Corona virus precautions have required many changes in daily routines and schedules. Changes like this can stress children. The Florida State University Center for Prevention and Early Intervention Policy put together fantastic guides to help you identify when children are stressed; the cause of stress; how to talk about stress with your children; and… Read More »
Are Infidelity Clauses in Prenups Enforceable?
“Are infidelity clauses enforceable in Florida? It’s an open question.” Florida’s no-fault divorce law generally provides for assets and liabilities to be divided 50/50 and for spousal support to be awarded in an amount that does not exceed the recipient’s need. Prenuptial agreements and postnuptial agreements sometimes prohibit infidelity, prohibit moral turpitude, or include… Read More »
