I often have clients who wish to use recorded conversations during their divorce proceedings. They will inquire about the legality in making and using an audio recording of their spouse in court. In Florida, you are not permitted to record someone without their express consent to be recorded. Florida is considered a “two party consent” state. This simply means that all parties to the communication must be aware and agree to be recorded. Without the consent of all parties involved, one is engaging in a crime. There are, however, exceptions to this. Communications…continue reading →
You wish to receive temporary alimony during the divorce proceeding. However, such an award is not a right. The decision to grant temporary alimony rest with the trial court. The trial court has the discretion to grant temporary alimony and also, the discretion to define the proper amount. Trial courts tend to have the very broadest of discretion when it comes to temporary alimony awards, so much so that appellate courts are hesitant to hinder a trial court’s decision except under the most compelling situations. If the trial court’s ruling is based on…continue reading →
On September 10, 2015, Senator Lee filed Senate Bill 250. If passed, the bill would considerably change Florida’s established child time-sharing statutes. This bill proposes a legal presumption of 50/50 timesharing and proposes significantly reduced alimony awards as well as accelerated terminations. Currently, there is no other state that has such a 50/50 time sharing presumption. Below is a link to Senator Lee’s bill for you to draw your own conclusion on whether this bill will benefit Florida. https://www.flsenate.gov/Session/Bill/2016/0250continue reading →
There is generally an assumption among people that child support orders cannot be modified in any way. Such an assumption is the wrong assumption to have. Florida courts understand that circumstances may change and with this brings the need for a change in its orders. There are a number of reasons why a court will temporarily or permanently modify a child support order. The following circumstances may allow for one to change his or her child support payments: A short-term financial hardship suffered by the payer, for example, could be the reason why…continue reading →
Being a parent is one of the most important aspects of life that one experiences. However, some parents are not able to adequately care for their child. In certain instances, this may necessitate the termination of the parent’s right to custody of the child. Prior to terminating parental rights, the court must find grounds for the termination. At which time, the court will then consider what is in the manifest best interest of the child when ruling. Grounds for terminating parental rights may be established under the following circumstances: the parent or parents…continue reading →
Relocating with your child without the other parents’ permission or through approval by the court can, and will likely, bring with it stiff penalties which include contempt of court, and other ramifications for not following the proper legal procedures required. In the event that both parents agree, then relocation is rather simple. Both parents must sign a written agreement that shows that the noncustodial parent consents to the move. If there are other parties who have visitation rights, i.e. grandparents, then they must also agree to the relocation. The agreement must set forth…continue reading →
You have recently received a final judgment against you and are not satisfied with the outcome. How do you challenge the final judgment and get the judgment overturned? This is a complex area. However, there are several options afforded to you. The following are some, but not all, of the ways in which one can challenge a final judgment: Appeal – You have the right to appeal the final judgment. However, doing so must be done within 30 days from the date the judgment was rendered. Going into an appeal, one must be…continue reading →
In Florida, cases in which child custody issues are being decided, the court will enter a parenting plan. Simply put, a parenting plan is document that will govern the relationship between the parents as it relates to decisions regarding the child and must also contain a time sharing schedule. The time sharing schedule will set forth the time, including overnights and holidays, in which the child will spend with each parent. The issues that will be touched upon in the parenting plan may include, but are not limited to, the child's education, health…continue reading →
Grandparents tend to have a tough road in Florida when seeking visitation rights. When faced with a petition filed by a grandparent for visitation, the court will award visitation when it is found to be in the best interest of the child and one of the following circumstances applies: 1) the marriage of the parents of the child has been dissolved; 2) a parent of the child has deserted the child; or 3) the minor child was born out of wedlock and not later determined to be a child born within wedlock. A…continue reading →
When it comes to awarding custody of a child to the grandparents, often times the grandparents are left without much recourse. Parents have a natural and a legal right to the custody of their children. Thus, a court will award custody to the parent absent any strong, clear and convincing evidence that the parent or parents are unfit to provide care for their child. Where the parent has been shown to have the ability to care for the child, the person has an absolute right to custody over any right of a nonparent.…continue reading →
