In Dickson v. Dickson, the trial court abused its discretion by modifying the timesharing agreement without evidence that the welfare of the minor child would be promoted by the proposed change. Dickson v Dickson
Tag: Child Custody
Full Custody
The above statement is something that is heard often by many Florida family law professionals, and each time it comes up, the following needs to be explained. The word “custody” in Florida law is an archaic term, and although it is obsolete, it seems like it simply won’t go away. This is likely because the […]
Drouin v. Stuber
In Drouin v. Stuber (a paternity case), the mother sought to vacate a 2011 judgment that had declared another man to be biological father despite the fact that the child had been born during an intact marriage. The appellate court reversed the order setting aside the earlier order, because it was the legal father’s rights […]
Suleiman v. Yunis
In Suleiman v. Yunis, the Former Husband had obtained an ex parte order changing the children’s custody to him. The Former Wife moved to vacate, which was denied by the trial court. This was error. Former Wife correctly argued that Former Husband did not allege that the children were being threatened with physical harm or […]
How to properly relocate from the State of Florida when you have children.
Florida sets out the requirements for relocation within Florida Statute § 61.13001. This statute applies to you if your intended relocation destination is 50 miles, or more, away from the last residence that you used in establishing your timesharing, or at the time of the filing of such a petition. Moreover, this statute also applies […]
What Is The Effect Of The State’s Lifting Of The Ban On Same-Sex Marriage?
Same-sex marriage is now legal in Florida, based upon some recent Federal Court rulings that declared as unconstitutional Florida statutes that banned same-sex marriage. Most counties in Florida are still grappling with the concept, but in at least three counties same-sex marriage licenses are being routinely issued. One wonders how long it will be before […]
How Does The Florida Court Fashion A Time-Sharing Plan
How does the Florida Court fashion a time-sharing plan? If parents are unable or unwilling to agree to time-sharing plan in mediation, the Court will dictate how much time each parent spends with the children. The Court must consider the best interests of the child(ren) when determining the time-sharing schedule. The factors considered by the […]
Relocating With Children After Divorce
People move or relocate all the time and for all sorts of reasons. A new job may take you to a new city, state or even a new country. Maybe you want a change of scenery, or perhaps to move back to the childhood neighborhood you left years ago. Whatever the reason, moves aren’t a problem for many people, other […]
Legal Rights Of Military Fathers
Fighting one war is hard enough. For many military fathers in the throes of divorce, where custody proceedings can be as stressful as deployment, they’re stuck fighting two wars. One is fought for the country; the other is fought for their children. Yet, the soldier often doesn’t have a fighting chance where his children are […]
Florida Family Law FAQ’s
Fort Myers Florida family law attorney, Sam Assini answers some of your most frequently asked questions about Florida’s family law issues. If you have a question about Florida family law and your answer is not listed below, call 239-829-0166 – the staff at Men’s Rights Law Firm will help you. Florida Divorce FAQ’s 1) How […]