The answer to this question is not a simple one and can vary depending on the facts, as well as which statute you are focusing on. For the purposes of this article, the focus will be on a man’s parental rights under Florida Statute 744, and how it differs generally from Florida Statutes 61 and […]
Category: Father’s Rights
Father’s Rights In Florida Custody Cases
What are the rights of fathers who are not on the child’s birth certificate? What are the rights of fathers to attend pre-natal doctor appointments for the mother and unborn child? What are the rights of non-biological fathers? What are the rights of expectant fathers? These are all very typical questions that we encounter every […]
Can A Father’s Rights Be Revoked or Waived?
Many times clients come in and tell us that the Mother wants to terminate the Father’s rights to their child(ren). Sometimes this means that the Mother wants to exercise sole parental responsibility (decision-making) and not allow the Father to have any timesharing with the child(ren). In order to have this happen, the Mother would have […]
Do Men Have Legal Rights Concerning Abortion?
The law as currently written, does not provide men the right to participate in the process a women engages in when deciding whether or not to have an abortion. There have been two U.S. Supreme Court cases that presented this issue (Planned Parenthood v. Danforth and Planned Parenthood v. Casey) and both found the requirement […]
Men’s Legal Rights During Separation / Florida Myth-Busting
Many people often ask us about “legal separation”. Often the clients that ask about this are originally from the Northeast, such as New York or Massachusetts, and the question is understandable because many states in the Northeast and elsewhere have as a requirement to divorce that the parties be separated for a period of time; […]
Modifying Final Judgments Part II:
Don’t just settle to get this over…Get it right the first time and fight for what you want in your divorce or paternity case right now. Last week, we discussed the fact that equitable distribution judgments are generally non-modifiable. This week we will examine modification of custody orders. Fla. Stat. 61.13(3) states, “…A determination of […]
What is “income” for purposes of child support calculations?
And how does Florida factor in disability benefits that go directly to the opposing party? First, F.S. 61.046(8) states, “‘Income’ means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, […]
Realistic Custody Expectations in Florida Family Court
Often, potential clients enter an attorney’s office with high hopes and lofty goals. Many want their “day in court” and do not wish to settle for less than 100% of their original goal. The reality is that the Court is not in business to make you happy. The Family Court is a court of equity. […]
Castillo vs. Castillo
In Castillo vs. Castillo, the trial court improperly applied the unclean hands doctrine to summarily deny a petition for modification. Where a spouse has the ability to pay an arrearage and does not do so, he is not in court with clean hands and in such case his petition should not be considered on the […]
Addie vs. Coale
Addie vs. Coale has a history in the 4th district. When it was first appealed, it was remanded for reconsideration of the alimony and child support aspects of the final judgment. On remand, the successor trial judge entered an alimony and child support award, but it was deficient in that findings were not made on […]