Jurisdiction in Miami, FL Child Custody Disputes I have a dispute with my child(ren)'s parent with regards to our active Florida Parenting Plan. Where can I file the action? In Miami, Florida divorces involving children, the petitioner must file what is known as a UCCJEA (Uniform Child Custody Judicial...
Parental Kidnapping In Miami, Florida divorces involving children, issues sometimes arise with one of the parents who has dual citizenship. For instance, a more common issue presents itself when one of the parents has dual citizenship and then threatens to flee the country with the couple's children. One...
One of the first questions that I like to ask when speaking with a caller regarding filing for a divorce in Florida is whether or not they have discussed a Marital Settlement Agreement with their spouse. Marital settlement agreements are basically just written contracts made...
Parental Time Sharing Florida courts strongly favor parenting plans (also commonly referred to as time-sharing agreements) that emphasize the sharing of time between both parents because it is usually in the best interest of the child to do so. However, under certain circumstances, Florida family courts...
Can I Set Aside a Marital Settlement Agreement? We receive a lot of calls in which the caller would like to have the Marital Settlement Agreement (MSA), that was entered in their Miami, Florida divorce, "set aside" due to the agreement being unfair, etc. Florida Family Law...
Child Custody in Florida for Unmarried Parents A common scenario in Florida Family Law cases is one in which the father and mother of the children were never married, but the father wants to be involved in the children's lives. Florida Statute §744.301(1) (2012) addresses the issue. This...
Florida Custody Laws: Custody laws in Florida can be complex. For instance, what if one of the parents of the children cannot be located? How can you initiate a custodial action against that parent? Under Florida law, the missing parent is entitled to actual notice of the...
Sole Custody Frequently Asked Question: I'm a Miami, Florida resident who wants "sole custody" of my child - I don't trust the father (or mother) with my son (or daughter). Answer: In the State of Florida, it is public policy to encourage separated or divorced parents to share in...
Collect Child Support A lot of questions posed to Miami family law attorneys revolve around the collection of child support payments. Under Florida Statute 61.1301 (2014), most child support payments are made by income deduction (commonly referred to as "garnishment"), which is typically established when the Florida...