You may very well be the biological father but does not mean you are the legal father or that you have any legal rights to your child.  It is important that if you are an unmarried father, you immediately establish your legal rights to your child.  In Florida, if a child is born out of wedlock, there is no presumption of fatherhood.  Paternity should be established first and foremost. An establishment of paternity Read More

Divorces can be expensive. So can going back to court to enforce orders in a multitude of family issues from time-sharing to alimony payments.  Many people attempt to represent themselves because of the cost of attorney’s fees.  While in some circumstances (I would venture to say very few) a person may represent himself or herself quite well, in most circumstances, a person does not know all of his or her rights and Read More

One would think that you should be able to pick up and move with your child(ren) whenever and wherever you would like. However, if you have shared parental responsibility pursuant to a parenting plan in Florida, unfortunately, you cannot just move; or you might be in contempt of court.  It seems that I have had to counsel quite a few people on "relocation" lately, so I thought a blog post was necessary. Read More

It's that time of year.  The time when I get complaints about my child's parent is not being cooperative about Christmas and I want to take them to court.  It is difficult because both parents want to spend as much time with their child as possible.  You may want to leave to go out of town earlier than your parenting plan will allow, and maybe the other parent is being unreasonable by not allowing you to do so.  Or Read More

I get many calls from parents wanting to change or modify their parenting plan.  The problem lies in that their reason for the change may not meet the legal requirements for a change to the parenting plan. In order to modify a parenting plan, there must be a 1) substantial, 2) material, and 3) unanticipated change in circumstances and a showing that the modification is in the best interests of the child. Parents Read More

There are 5 very specific types of injunctions, or restraining orders, that you can apply for in Florida.  It is important that you know the difference between them, because if you apply for the wrong one, the injunction can be denied. On the other hand, if you are defending against an injunction, that is the first line of defense.  Was the proper injunction applied for? Below is a listing of the types of Read More

5. We have already agreed to everything.   You may have sat down and agreed to everything.  You may have even typed it up and signed it.  But all of that may go down the drain, when it actually comes down to the process of the divorce.  I have seen that happen more times than not.  Divorce somehow has a way of making the ugly come out in even the best people.  They are hurt and they want their spouse to feel their Read More

Divorce is a heart-wrenching experience.  I am speaking not only as an attorney, but also from personal experience.  It is even harder when you are undergoing it with children involved.  You tend to think that you know what is best for your children and that you are the parent that is doing things the “right way” for them.  It can be hard to remember that your children, in most cases, have another parent that loves Read More

A divorce is one of the most significant and emotional experiences that a person can go through.  Not only are you going through this life-changing event, but you have concerns about your finances, moving, belongings, and most importantly your children.  It is important not let this process turn you into a person that you don’t want to be—a person that you don’t even recognize.  Be the better person, even if your Read More