Broward County Divorce Law Blog

“Don’t eat that!”

When one parent wants to send (or not send) snacks to school, who prevails?

The answer to this question is not as easy as it would suggest. It depends on a few things. Does the parenting plan incorporated into the final divorce order deal with the issue? Is it of elevated importance to the child’s welfare – do they require frequent or specific snacks because of a medical issue?

“I’m a Survivor” – sang Destiny’s Child

Social Security benefits for a surviving divorced spouse

Or, if you are from an earlier generation that still faces divorce, you might think instead of Donna Summer singing “I Will Survive.” The sentiment is the same no matter your age – that it’s not unusual to feel like you are fighting to survive when a marital relationship is over.

Rule 12.285 - The gift that keeps on giving

Exploring the Florida requirements to produce and supplement mandatory disclosure in divorce proceedings

Now that we have given the gifts we purchased for family and friends in celebration of the holidays, we have a whole year before holiday gift planning begins again. But when it comes to sharing your personal financial information in a Florida divorce, you cannot take a break.

“I Saw Mommy Kissin’ Santa Claus”

Can you keep your ex’s new squeeze from spending time with your children?

Even in an amicable divorce, feelings can be complex when an ex-spouse starts a new relationship. Sometimes, the new boyfriend or girlfriend can have traits that the other ex-spouse finds objectionable, or the new partner may be an acceptable person, but it just does not feel right to have the kids in his or her presence. For any number of reasons, the other ex-spouse may not want this person around the children when they visit their other parent.

Santa can you buy me a mansion?

Evaluating competing homes for visitation purposes in Florida

When a couple separates or divorces, sometimes the standard of living may change if there are not assets and income to support the same lifestyle – times two. That does not necessarily mean that the standard of living is problematic for either ex-spouse going forward, but it can mean an adjustment.

Hey, pass the eggnog: Safety-focused parenting plans for alcohol abuse

Florida public policy states that a child should have “frequent and continuing contact with both parents” if it is in the child’s best interest. When a parent has an alcohol addiction, an important issue in divorce is whether the parties or the court can create a parenting plan that would allow a child to safely spend time with that parent, but only if it would be in the child’s best interest.

Broadly, Florida statute provides that to determine a child’s best interests, anything “affecting [their] welfare and interests” should be evaluated, including several factors in a long list. One of them is the “demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.”

“It’s the Most Wonderful Time of the Year,” unless …

You are fighting over holiday time-sharing

If you are a divorced Florida parent at odds with your child’s other parent over who will be with the child during the holidays – and how you will handle all the attendant logistical details – you may not know where to turn. This is especially problematic if you and your ex are in an adversarial relationship.

Crazy Christmas

Can the judge force my spouse to take a psychological evaluation?

The holiday season can be magical and satisfying, but it can also produce stress as well as strain on family relationships. With emotions already running high, people may not be on their best behavior. Sometimes, a person’s actions or words may raise concerns about their mental stability.

Grandma got run over by a ... court order?

Limiting a child's contact with nonparty family members in Florida divorce

Florida courts have said that a parent has a state constitutional right to privacy that includes the right to direct the care and control of their child, and that this includes "the right to control visitation with relatives," according to the case In re Temporary Custody of L.M. The U.S. Supreme Court has held that the constitutional rights of parents in this regard severely limit the requests of third parties to visitation with children over parental objections.

“But I hardly even know these people!”

Protecting the financial privacy interests of nonparties to a Florida divorce, part 2

Here we follow up on part 1 of this post in which we introduced the topic of third-party financial information in a divorce proceeding. As we said, it may be possible to have the court seal that data once it has become part of a court record in a divorce if the nonparty can show one of the six allowable reasons for a Florida court to seal information otherwise presumed to be open to public review as a government court record.

  • The Law Office of Daniel E. Forrest represents individuals in Fort Lauderdale in high-asset divorce matters. Daniel Forrest is board-certified family lawyer and mediator serving the South Florida area.
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