Author Archives: Jay Butchko
Deference To Trial Courts In Contested Custody Cases
Child custody cases are usually very emotional. The Florida courts are tasked with determining what the child’s best interests are. In many cases, a decision made by the trial courts is upheld on appeal. That’s because trial courts are granted broad discretion to make decisions based on their evaluation of the witnesses and their… Read More »
When Courts Must Consider The Child’s Best Interests Before Ordering Paternity Testing
Paternity disputes become complicated when the child already has a father figure in their life, and another man comes forward asserting that they are the biological father of the child. The Florida courts need to carefully weigh the interests of the biological father, the legal father, and most importantly, the child. In this article,… Read More »
Unequal Distribution Of Marital Assets In Florida Divorce Cases
When it comes to divorce, few issues are more frequently contested than the division of the marital estate. While a lot of folks presume that the marital estate will be split evenly, Florida is considered an equitable distribution state. This means that the marital estate is divided in accordance with what the court deems… Read More »
Domestic Violence Injunctions In Florida
Domestic violence injunctions are an integral part of Florida family law. They protect those who have experienced violence or have a reasonable fear of imminent harm. On the other hand, these injunctions carry serious consequences for the accused. It can impact their housing, employment, right to bear arms, and custody. Due to those consequences,… Read More »
Florida Contested Child Support Modifications
Child support issues in Florida can become very complex when there is a change of circumstances with regard to financial status after a final judgment. While both parents may come to an agreement with regard to a certain amount of support, this agreement is not always binding. A parent may come to a new… Read More »
What Florida Parents Should Know About Child Relocation Disputes
When a parent wants to relocate a child after divorce or a dispute over custody rights, it can easily become one of the most emotionally charged and complicated issues under Florida family law. Relocation cases typically present a parent’s desire for improved opportunity against a parent’s right to a significant relationship with their child…. Read More »
When Fair Does Not Mean Equal: Florida’s Equitable Distribution Rules
A lot of folks going through divorce assume that the marital estate is split in half between the parties. While that’s usually the case, sometimes, the court sees fit to award more of the marital estate to one party than the other. A recent Third District Court of Appeal decision involves a case in… Read More »
Contested Alimony Modifications In Florida
One of the most contentious issues in a Florida divorce case is alimony. Even after a final judgment is entered, an alimony dispute may not be over. Years after the divorce, one former spouse can come back to court seeking a modification of alimony due to retirement, loss of employment, illness, or a substantial… Read More »
Contested Prenuptial Agreements In Florida Divorce Cases
The main point of a prenuptial agreement is to provide clarity and predictability should the marriage fail. In Florida, such agreements are generally enforceable. That means that the courts will honor the prenup under most conditions. There is, however, an exception made for fraud or duress. If the husband or wife coerced the other… Read More »
Florida Court Makes A Ruling On A Domestic Violence Injunction
Among the most severe civil injunctions that can be granted by a Florida family court is a domestic violence injunction. An injunction (as provided in Florida Statute § 741.30) serves to protect the petition from threats of violence, as well as actual violence, by limiting the respondent’s communications and providing a legal penalty for… Read More »
