Recent Blog Posts
What Happens When Parents Disagree About Vaccinating their Children?
How do parents in Florida resolve disagreement about vaccinating their children for measles, mumps, rubella, or even COVID? 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… Read More »
What is the Difference Between Divorce and 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 »
Is it legal for the Court to automatically suspend rights in judicial administrative orders?
Is it legal for the Court to automatically suspend rights in judicial administrative orders? Administrative orders are the preferred tool for the court to manage its internal affairs. However, administrative orders often impact topics beyond the court’s internal affairs, and even impact rights of litigants. In general, administrative orders cannot: Take away an existing… Read More »
Are Judicial Administrative Orders Enforceable?
Administrative Orders in Ninth Circuit family law cases (including Orange County, Orlando divorce and paternity cases) have been in place for more than a decade. These orders put litigants on notice of substantive law; address issues that commonly arise in newly filed divorce cases; and are intended to promote stability and decrease the number… Read More »
Ninth Circuit Issues New Administrative Orders for Orange County in Response to COVID-19
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 Issues New Emergency Administrative Orders in Response to COVID-19
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 »
Seven Ways to Co-Parent Like a Rock Star 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 Children Deal with Stress During COVID-19
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 or Moral Turpitude Clauses in Prenuptial Agreements 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 »
Where Can I Find Florida DCF Records?
DCF child abuse records are confidential and exempt from public records requests, except as provided by statute. Florida Statute §39.202, allows the person having legal custody of the child (or the young adult who was in DCF’s custody) to obtain DCF records. Florida Statute §39.202(7)(a) generally requires DCF to keep records of its cases… Read More »