Bill 1292 has not yet become law but looks like it will be soon. It creates a rebuttable presumption that equal time–sharing between the parents is in the best interest of a child. The parties may waive the presumption and agree on different time-sharing. Florida law did not previously recognize such an equal time-sharing presumption …
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In C.N. v. I.G.C. the Florida Supreme Court ruled that the statute governing modification of parenting plans neither authorizes nor requires a court to set forth specific steps necessary to reestablish time-sharing upon modification of a preexisting parenting plan. Prior to this ruling there were a line of cases requiring that, if a parent’s time-sharing …
Where a party has majority time-sharing they may be entitled to exclusive use and possession of the marital home until the youngest child is emancipated. In Lowry v. Lowry, the 5th District Court of Appeals for the State of Florida held that the trial court had abused its discretion by granting former husband’s request to …
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Before a divorce both parents are legally the natural guardians of their minor children and have joint and equal rights regarding time-sharing and decision making. The same is not true where a child is born out of wedlock, in which case a paternity action must be filed to establish the parental rights of the father …
What about time-sharing, visitation, custody ,and parental responsibility for a service member’s children when the service member is being deployed? Florida has adopted the Uniform Deployed Parents Custody and Visitation Act. Florida Statute Section 61.703 et seq. The Act has sections that relate to giving notice of deployment, out of court agreements for the period …
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You can not get sole custody in a divorce or paternity case anymore, but you can get something close to it if warranted by the specific facts of your case, and in some cases parental rights can be terminated were there are egregious circumstances of abuse, abandonment, and/or neglect. Under Florida law, there is no …
An “uncontested divorce” is as the name suggests a divorce without a contest, an unopposed divorce or a divorce based upon an agreement. If a Husband and Wife can reach an agreement concerning the issues in their divorce case, and the agreement is consistent with the requirements of the law, they can pursue an uncontested …
DOMESTIC VIOLENCE INJUNCTIONS/RESTRAINING ORDER LAWYER STALKING, CYBER STALKING, INJUNCTIONS/RESTRAINING ORDERS MIAMI DOMESTIC VIOLENCE INJUNCTION AND RESTRAINING ORDER LAWYER We are Miami domestic violence injunction and restraining order lawyers who help our clients obtain and defend against domestic violence injunctions. In Florida, the Courts use the term injunction for protection against domestic violence rather than the …
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PATERNITY LAWYER PARENTING PLANS (CUSTODY/VISITATION/PARENTAL RESPONSIBILITY) CHILD SUPPORT LAWYER RELOCATION LAWYER APPEALS MIAMI PATERNITY LAWYER As paternity and child support lawyers we regularly help clients navigate paternity cases. Paternity cases involving parental responsibility, time-sharing, and child support can be highly emotional and traumatic. You need a lawyer on your side that understand that to help …
We are divorce and family lawyers who care about our clients and work hard to obtain favorable outcomes for them. Our divorce and family lawyers have assisted clients with contested and uncontested divorce, custody and visitation (parenting plans), equitable distribution, alimony, high asset divorce, prenuptial agreements, marital agreements, child support, domestic violence, relocation, enforcement, issues …
