Category Archives: Paternity
Court Cannot Delegate Time Sharing Decision to Third Parties
It is common for trial courts to want input from mental health professionals when establishing a parenting plan that is in the best interest of a child in a divorce or paternity action. It is error for the court to wholesale delegate its responsibility to establish a parenting plan to third parties, such as… Read More »
Retroactive Child Support Must be Specifically Pleaded
Until now, there was an open question as to whether retroactive child support needs to be explicitly requested in the pleadings. The argument against the necessity for doing so is that Florida’s child support statute states that when child support is an issue, the court may order support to begin as early as 24… Read More »
How can you stop false reports of child abuse to DCF?
The Department of Children & Families (DCF) is required to receive and investigate allegations of child abuse as part of its mandate to protect children from abuse and neglect. DCF relies on the public to report suspected child abuse. In Florida, everyone is legally required to report suspected child abuse. It is a crime… Read More »
Which Costs More: Alimony or Child Support?
In Florida, the cost difference between child support and alimony (spousal support) depends on parent incomes, parenting time, and the financial needs of the parents and their children. — Child Support in Florida Purpose: Provides for the child’s needs, including food, housing, clothing, healthcare, education, and extracurricular activities. Calculation: Florida uses a formula outlined… Read More »
Evidence in Divorce & Fathers’ Rights
Evidence in a family law case refers to the information, documents, or testimony presented to the court to support or refute claims made by the parties involved. This evidence helps the judge make decisions on issues such as timesharing and visitation, custody, alimony, child support, property division, or other family law matters. Common types… Read More »
DCF Dismissal if Criminal Case Is Dropped?
No, the Department of Children and Families (DCF) is not required to dismiss your dependency case just because the associated criminal case is dismissed. DCF operates independently from the criminal justice system. It has different goals, is subject to different laws with different legal requirements, and applies a different standard of proof. While criminal… Read More »
New Equal Timesharing for Fathers
Fathers seeking child custody, timesharing, and visitation should be aware of a blockbuster change in Florida law that occurred this legislative session. CS/HB 13601, effective as of 7/1/2023, makes several significant changes to the law on paternity and father’s rights: Equal Timesharing Presumption: Previously, courts were required to consider all the statutory parenting factors… 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 »
What Are Grandparent Rights in Florida?
Divorce not only impacts a couple’s immediate family; it can also impact a grandparent’s ability to see their grandchildren. Grandparents have the right to be granted custody of their grandchildren or even court-mandated visitation with their grandchildren. Legislation has been put into place over the past 35 years to ensure that grandparents do have… Read More »
Legal Process of Divorce in Florida
The state of Florida attempts to make the divorce process as simple and as stress free as possible. Divorce is never easy, so it is important to understand the entire process before you go through it. This article will take you through the steps that should be completed during the process of a divorce. It… Read More »
