Introduction A parenting plan is a legally binding document that establishes how divorced or separated parents will share custody, time-sharing, and parental responsibilities. While Florida courts encourage cooperation between parents, disputes often arise when one parent fails to comply with the agreed-upon parenting plan. When a parent refuses to follow the plan, the other parent…
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Introduction Parental responsibility refers to the legal authority and duty of parents to make important decisions regarding their child’s upbringing. In Florida, courts presume that shared parental responsibility is in the child’s best interests, ensuring that both parents remain involved in decision-making. However, in some cases, the court may award sole parental responsibility or shared parental responsibility with ultimate decision-making…
Continue reading ›Introduction In Florida family law, when parents cannot agree on a parenting plan, the court may order a social investigation to assess pertinent details about the child and each parent. This process aims to provide the court with comprehensive information to determine arrangements that serve the child’s best interests. The procedures and guidelines for social investigations are outlined in Florida…
Continue reading ›Introduction When parents live in different states and custody disputes arise, determining which state has jurisdiction can be complicated. To address these conflicts, Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a law designed to establish clear rules for which state has the authority to decide custody matters and how custody orders are…
Continue reading ›Introduction When parents separate or divorce in Florida, they must create a parenting plan that details how they will share responsibilities for their child’s upbringing. If parents cannot agree on a plan, the court will establish one based on the child’s best interests. Florida law provides specific criteria under Florida Statute § 61.13(3) that courts must consider when determining time-sharing,…
Continue reading ›Introduction In Florida family law cases, court orders must be followed, whether they relate to child support, time-sharing, alimony, or other legal obligations. When a person willfully violates a court order, they may be held in contempt of court. While some violations result in civil contempt, others can escalate to criminal contempt, which carries more severe penalties, including fines and…
Continue reading ›Introduction Parental alienation occurs when one parent attempts to manipulate or influence a child into rejecting the other parent, often through negative comments, false accusations, or limiting contact. Florida courts take parental alienation seriously because it can damage the child’s emotional well-being and disrupt their relationship with both parents. This guide explains how Florida courts…
Continue reading ›Introduction Divorcing military service members or their spouses in Florida face unique challenges when it comes to dividing assets, particularly military pensions. Unlike civilian retirement accounts, military pensions are governed by both state and federal laws, including the Uniformed Services Former Spouses’ Protection Act (USFSPA). These laws determine how much of a military pension, if…
Continue reading ›Introduction Dividing marital assets in a Florida divorce can become particularly complicated when stock options and deferred compensation are involved. These types of financial assets often do not have a clear present value and may vest at a later date, making it challenging to determine how they should be allocated between spouses. Florida courts must…
Continue reading ›Introduction Property division in a Florida divorce follows the principle of equitable distribution, meaning that marital assets and debts are divided fairly, though not always equally. When one spouse owns non-marital property, such as a home or business acquired before marriage, disputes may arise over whether the other spouse is entitled to a portion of its increased…
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