Recent Blog Posts
Florida Family Law Case Shows How Prenuptial Agreements Require Full Financial Disclosure
Most often, a prenuptial agreement is made to protect your assets and set expectations regarding your finances during and before your marriage. Prenuptial agreements are indeed powerful tools, but they are not automatically upheld in the state of Florida. In fact, the state scrutinizes these contracts in order to make sure both parties are… Read More »
When Biology Collides With The Marital Presumption
Disputes over paternity can be very complicated. This is more so when there is a conflict between the biological father and the legal presumption. In cases where children are born to married parents within the state of Florida, it is presumed that the legal father of the child is the husband. This is to… Read More »
Contested Custody And The Limits Of Judicial Presumptions
In contested custody cases, Florida courts are required to consider only one factor in making their decisions: the best interests of the child. While Florida trial judges have broad discretion when making their decisions, this discretion is limited by Florida statutory law. In this article, the Tampa, FL, child custody lawyers at Faulkner Law… Read More »
Florida Court Addresses Inconsistent Rulings In Child Relocation Disputes
Child relocation disputes are some of the most intricate Florida family law matters. In a child relocation case, the court must weigh the child’s needs, the relocating parent’s interests, and the non-relocating parent’s right to have a relationship with their child. In this article, the Tampa, FL, family law attorneys at Faulkner Law Group,… Read More »
Understanding Equitable Distribution Under Florida Law
The State of Florida begins every analysis of equitable distribution with the presumption that marital assets and liabilities should be split evenly among the two litigants. Nevertheless, “equitable” does not necessarily mean “equal.” In this article, we’ll discuss a real case in which the marital estate was not divided evenly, and one spouse was… Read More »
Contested Custody And The Best Interests Of The Child Standard
Under Florida law, custody disputes are subject to one overriding standard that guides all court decisions. That is the best interests of the child. Trial courts have broad discretion in creating parenting plans, but their discretion is not without limits. When relevant statutory considerations are ignored or even insufficiently addressed, appellate courts will review… Read More »
Pleading Requirements And Contested Child Support In Florida
One common issue in Florida family law proceedings is disputes over child support, particularly in paternity cases where there have been no prior determinations of financial responsibility. Though trial courts have broad discretion in determining how to calculate child support awards, there is a limit to this discretion. In one Florida case, the Fifth… Read More »
International Relocation And The Best Interests Standard In Child Relocation Cases
Child relocation is a very intricate issue in Florida family law. When a parent wants to relocate a long distance away from their current residence, the court is faced with the task of balancing the parent’s grounds for moving and the child’s right to a stable environment and a relationship with the other parent…. Read More »
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 »
