SB 250 (2016) Family Law http://www.flsenate.gov/Session/Bill/2016/0250 SENATE – CS by Judiciary; YEAS 7 NAYS 3
Tag: Father’s Rights
Paternity and Timesharing
It often comes as a surprise to unmarried fathers that when they break up with the mother of their child, they do not have timesharing and decision-making rights automatically. In order to establish a timesharing schedule and to require the child’s mother to include them in major decisions, the father must file a Petition to […]
Stat Dept. of Revenue v. Pare
Stat Dept of Revenue v Pare In DOR v. Pare, the trial court denied a UIFSA petition for child support because there was no legal order determining paternity and because he did not have legal custody of the child, despite the fact that the child was living with the father with the mother’s consent and […]
Lopez v. Department of Revenue
Lopez v Department of Revenue Lopez vs. DOR involves a situation where section 57.105 attorney’s fees and costs are awarded as a sanction against the Department of Revenue in a misidentified paternity case. The case has a very wild factual scenario, which I commend everyone to read in its entirety. The bottom line is that […]
Fall Edition 2015
For this fall edition of the Men’s Rights Blog, in the spirit of Halloween, the following is a list of what to do, and not to do, during family law litigation. Although this list may be obvious to some, it is SCARY how often these things happen, and therefore they need to be mentioned. With […]
Wolfson v. Wolfson
Wolfson v. Wolfson from the 3d DCA is a post-judgment case that has been highly litigated, even years after the final judgment of dissolution of marriage. In this iteration of the case, a temporary modification of timesharing, granted by the trial court after hearing only the former husband’s part of the case, was overturned and […]
Bailey v. Bailey
Bailey v. Bailey concerned the granting by the trial court of a motion for psychosocial and substance abuse evaluation. The Appellate court quashed the order because the motion was filed the same day as the hearing, and thus there was inadequate notice. The evidence that was adduced suggested that some type of psychological evaluation might […]
Vaelizadeh v. Hossaini
In Vaelizadeh v. Hossaini the 4th DCA tackled the issue of an untimely objection to relocation. The trial court found that the Father’s objection to the proposed relocation was untimely and thus entered a final judgment allowing the relocation, but the appellate court reversed and remanded the case for five reasons: The father had filed […]
Timesharing and Custody Factors
When Florida courts fashion timesharing plans, there are multiple factors which the Court must consider to determine the plan that is in the best interest of the children. The factors considered by the Court can be found in Florida Statute 61.13(3). It is important to understand each factor and to do your best to follow […]
Garcia v. Garcia
Garcia v. Garcia was a case involving a request by the former husband for a downward modification of child support. The case was tried by the general magistrate, who denied the petition, and the trial judge adopted the recommendations after the former husband filed exceptions. This was error, because the record provided to the judge […]