Category Archives: Family
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 »
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 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 »
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 »
Florida Court Case Involves Imputed Income, Contested Alimony, And Child Support
The Florida Courts must apply rigid standards when calculating child support and alimony. These calculations must be shown in the case record. When the courts fail to use the strict standards to calculate alimony and child support, you can appeal the decision. That’s precisely what happened in the case of Thermidor v. Pierre, No…. Read More »
Florida Court Addresses Grounds For Vacating A Family Court Order
During Florida divorce proceedings, courts must make equitable decisions on financial issues, including child support. However, such determinations must be grounded in statutory requirements and factual findings. A recent Florida family law decision underscores the importance of careful analysis when imposing child support obligations. For those navigating a divorce involving these financial issues, an… Read More »
Florida Court Clarifies Emergency Custody Orders
An emergency custody order is just what it sounds like. Its primary purpose is to remove or limit a child’s exposure to an imminent danger. This includes abuse, neglect, domestic violence, or another serious risk posed by a parent’s conduct (such as substance abuse or a mental health crisis). Emergency custody orders are temporary… Read More »
Florida Court Addresses Testimony Provided By Child In Domestic Violence Case
The Florida courts take domestic violence seriously. Not only can you have criminal charges filed against you, but you might also face sanctions in family court. That’s what happened in the case of Schmigel v. Schmigel, Nos. 1D2024-1572 & 1D2024-1597 (Fla. 1st DCA Mar. 12, 2025). In this case, both parties made accusations of… Read More »
Florida Court Addresses The Assessment Of Fines During A Florida Family Law Case
The Florida courts take their judgments quite seriously, especially when it comes to ensuring children’s best interests. One parent cannot unilaterally decide to obstruct a timesharing agreement that is already in place. If one parent refuses to make the children available to the other parent during their allotted time, that parent can be fined… Read More »
What Is The Role Of A Parenting Coordinator During A Florida Divorce?
If your Florida divorce involves children who were conceived during the marriage, a parenting coordinator could play an important role, particularly in situations that involve conflict. Parenting coordinators act as impartial third parties. They are usually professionals with a background in family law, psychology, or mediation. They assist parents in implementing and adhering to… Read More »