In contesting prenuptial agreements, parties should either establish fraud, duress, overreaching or that the agreements are unfair or make unreasonable provision for spouses. In determining whether agreements are unfair or make unreasonable provision for spouses, courts look at the parties relative situations, their ages, health, education, financial status. In Hahamovitch v. Hahamovitch, the Florida Court of AppealContinue reading “Contests to Prenuptial Agreements in Palm Beach, Florida”
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Children’s Preferences in Child Custody and Visitation cases in Florid
A Child Custody and Visitation case involving a child’s custody preference was recently decided by the Florida Court of Appeal. In a case captioned Talarico v. Talarico, the mother and father had two children. The parties divorced and negotiated parenting plans. Several years later, the father sought a modification of child custody and visitation, which the trial courtContinue reading “Children’s Preferences in Child Custody and Visitation cases in Florid”
Paternity – Father’s Rights Attorney in Palm Beach County
In a Florida paternity proceeding involving Father’s rights, in order for the court to require a Father to pay life insurance to secure a child support obligation, the trial court must make certain written findings. Fla. Stat. 61.13(1)(c) states that: “To the extent necessary to protect an award of child support, the court may order the obligor toContinue reading “Paternity – Father’s Rights Attorney in Palm Beach County”
Child Relocation – Palm Beach Gardens, Florida
In a child relocation proceeding, when a parent violates a pretrial order addressing the removal of the child from the jurisdiction of the court, it is well within the discretion of the trial court to award sole responsibility to the parent who is properly before the court and compliant with the orders of that court.Continue reading “Child Relocation – Palm Beach Gardens, Florida”
Child Relocation Palm Beach Gardens
In a child relocation proceeding, the court may only order temporary relocation where the relocating parent files and serves a petition. In Milton v. Milton, the Florida Court of Appeal stated that: “This Court reviews relocation determinations for abuse of discretion; however, the question of whether the trial court properly applied the relocation statute is aContinue reading “Child Relocation Palm Beach Gardens”
Child Relocation in Boca Raton, Florida
A Child Relocation case was recently decided by the Florida Court of Appeal in a case captioned Castleman v. Bicaldo. In this case, the mother emigrated from the Philippines to the United States in order to marry the Father. As a result of the marriage, she was able to obtain a Green Card. After 26 months of marriage, the Father filedContinue reading “Child Relocation in Boca Raton, Florida”
Child Relocation in Palm Beach Gardens, Florida
In a recently decided child relocation case, the parties had two minor children. The Wife wanted to relocate to Virginia with the children. The Husband opposed the relocation. The parties lived in Virginia for many years prior to moving to Florida. After the parties lived in Florida for two years, the wife filed a petitionContinue reading “Child Relocation in Palm Beach Gardens, Florida”
Child Relocation in Jupiter, Florida
In a child relocation proceeding, when the parties’ settlement agreement expressly prohibits a move, the party who seeks to relocate must show a substantial change in circumstances to justify the relocation. In Moore v. McIntosh the Florida Court of Appeal recently stated: “The trial court erred as a matter of law by modifying the parties’ custody arrangementContinue reading “Child Relocation in Jupiter, Florida”
Child Relocation In Jupiter, Florida
The child relocation statute does not apply when the parent has relocated prior to the date of the filing of the dissolution petition. In Rolison v. Rolison the Florida Court of Appeal recently stated: “Appellant (the Father) appeals a non-final order denying his emergency verified motion to compel Appellee (the Mother) to return the parties’Continue reading “Child Relocation In Jupiter, Florida”
Child Relocation in Florida
In Florida, child relocation is defined as a change in the location of the principal residence of a parent from his or her principal place of residence at the time of filing the pending action to establish or modify time-sharing or at the time of the last order establishing or modifying time-sharing. The change ofContinue reading “Child Relocation in Florida”
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