Author Archives: Jay Butchko
Florida Court Discusses Termination of Parental Rights
In the case of M.D.P.N., the Mother v. Department of Children and Families, et al, the Third District Court of Appeal had to answer a difficult question: Can the State of Florida terminate a mother’s parental rights under Florida’s termination process even after she made positive life changes when her child was in shelter… Read More »
Trial Court Discusses Contempt in Florida Family Law Hearings
Family law courts in Florida have to negotiate enforcing orders versus protecting parental rights. In the case of Wolf v. Wolf, the Second District Court of Appeal confronted a situation where that line was crossed when a contempt proceeding that was meant to punish disobedience was used to dramatically alter child custody. The Wolf… Read More »
Florida Court Discusses Relocation and Parenting Plans
There are very few issues in Florida family law that create as much conflict as relocating a minor child. When one parent wants to move away with a child, the court must balance competing interests, such as the relocating parent’s right to pursue a new life and the non-relocating parent’s right to maintain a… Read More »
Notice and Consent in Florida Child Relocation Cases
When a parent with court-ordered time-sharing or responsibility for a child considers moving more than 50 miles away, the question becomes: “What legal steps do I have to take to facilitate the move?” Florida law makes it clear that relocating with a minor child is a process. The decision cannot be made unilaterally by… Read More »
Understanding How Florida Courts Evaluate Alimony: Lessons from Parker v. Parker
Alimony is often one of the most difficult parts of a divorce in Florida. When a couple splits up, one person might genuinely need financial help moving forward, while the other might feel the amount being asked for is way too much or simply not fair. Since alimony can shape both people’s financial futures… Read More »
What Ramirez v. Gregory Teaches About Contested Child Support in Florida
Child support is one of the most important and disputed issues in family law. Whether parents were married, separated, or never together, Florida law requires that both contribute to the financial well-being of their child. But disputes can arise over how much support is owed, how it should be calculated, and whether retroactive (past-due)… Read More »
When Evidence Falls Short: What Adams v. Cox Teaches About Dating Violence Injunctions in Florida
Domestic violence and dating violence injunctions are some of the most powerful protections available under Florida law. When granted, they can immediately restrict contact, limit communication, change living arrangements, and in some cases, affect parental rights. Due to their importance, courts must handle these cases carefully, giving both sides a fair chance to be… Read More »
When Fear Must Be Proven: What Rosa v. Heredia Shows About Florida Domestic Violence Injunctions
Domestic violence injunctions exist to protect people who are genuinely in danger. When they are needed, they can provide an immediate and vital layer of safety. But because these injunctions carry serious, long-term consequences, Florida law requires the court to look closely at the evidence and determine whether there is a real, reasonable fear… Read More »
Are There Any Legal Reasons to Stop Paying Child Support?
The State of Florida takes a parent’s duty to pay child support very seriously. Courts can garnish your wages, intercept your tax returns, and even send you to jail for nonpayment of child support. Nonetheless, there are some legally valid reasons to stop paying child support. In this article, the Tampa, FL, child custody… Read More »
Relocation Case Prevents Court from Making Prospective Rulings Concerning the Welfare of a Child
If you want to relocate with your child, you need the other parent’s permission. Failing that, you need to obtain the court’s permission to move forward with the relocation. This is exemplified in the case of Arthur v. Arthur, 54 So. 3d 454 (Fla. 2010). In this article, we’ll discuss the importance of this… Read More »