Recent Blog Posts
How Florida Courts Handle Contested Child Custody Disputes
Cases involving contested child custody are some of the most complex for family courts in Florida. If the parents cannot agree on custody, decision-making, or parenting time, the court has no choice but to make a decision on the child’s behalf. There was an appellate case in Florida that has been cited frequently concerning… Read More »
How Florida Courts Handle Domestic Violence Allegations In Family Law Cases
Allegations of domestic violence can have a significant impact on child custody cases. Such cases present a serious challenge for the court, and all allegations must be taken seriously. The courts will only make decisions based on the best interests of the children, not what the parents need. So, it makes sense to attack… Read More »
Giacomaro v. Brossia — Court Reverses Custody/Relocation Decision For Lack Of Evidence
Child custody and timesharing disputes, especially those involving relocation out of state, rank among the most contentious issues in family law. Under Florida’s statutory framework, any relocation request must be grounded in the child’s best interests, assessed based on current, competent evidence, not predictions about a parent’s future stability or lifestyle. The Fourth District… Read More »
Hahamovitch v. Hahamovitch — When A Prenup “Wins” in Court
Prenuptial agreements are increasingly common tools for couples in Florida who wish to define the disposition of property, financial claims, and rights prior to marriage. But questions often arise later: just how broad can a prenup be? Can one spouse really waive any future claim to property that the other spouse acquires, even decades… Read More »
How Florida Courts Review Contested Alimony Awards
It is not uncommon for Florida trial courts to award alimony to one spouse that is paid for by the other. The courts must make determinations based on the paying spouse’s financial capacity to pay the alimony award, and the courts must find that the receiving spouse has a genuine need for financial support…. Read More »
How Florida Courts Analyze Child Relocation Requests
Relocation of a child is one of the most difficult hearings Florida courts have to handle when it comes to child custody litigation. If a parent seeks to move a child 50 miles from their current residence, and this move is opposed by the other parent, the court must intervene and make a determination… Read More »
Florida Court Clarifies The Emergency Suspension Of Timesharing
In the case of Mishkin v. Mishkin, the Third District Court of Appeal addressed the authority of trial courts to temporarily suspend timesharing (visitation and parenting time) under emergency circumstances. In this case, the appellate court affirmed the trial court’s non-final order. This reaffirmed Florida jurisprudence permitting emergency modification of parenting plans when child… Read More »
Florida Family Court Discusses Fines In Florida Family Law Cases
Florida family law courts tend to wield significant power to enforce compliance with parenting plans and court orders. That power, however, has limits. This is especially true when it comes to fines and attorney fees imposed through contempt. The Fourth District Court of Appeal’s 2024 decision in Burlinson v. Wilson is a clear reminder… Read More »
Can I Still Get Permanent Alimony In Florida?
In July 2023, the Florida legislature passed one of its most significant changes in decades when they passed Senate Bill 1416. SB 1416 officially eliminated permanent alimony in Florida. The change likewise redefined what types of support were available after divorce. In addition, it also altered rules regarding the modification and termination of existing… Read More »
Court Rules On Timesharing Amid Domestic Violence Allegations
Allegations of domestic violence can have a profound impact on Florida family law proceedings. This is especially true when courts must balance protection, parental rights, and the best interests of the child. The Second District Court of Appeal’s decision in Lonsdale v. Elbanna illustrates how strictly Florida courts apply those standards when a parent… Read More »