Recent Blog Posts
Can I Revisit an Alimony Modification in Florida?
As the payer of alimony, you’re expected to make monthly payments to your former spouse under specific conditions. While we used to have “permanent alimony” in Florida, the legislature did away with that. Nonetheless, you can petition the court for an alimony modification if you can establish that a substantial, material, and unanticipated change… Read More »
Can Courts Award Custody to Someone Who Isn’t a Parent?
It may sound strange, but the Florida courts have dealt with this question before. In one case, Quiceno v. Bedier, 387 So. 3d 365 (Fla. 3d DCA 2023), the Florida trial court awarded timesharing to a non-parent over the objections of a biological parent. The case was taken up on appeal. In this article,… Read More »
How Does the State of Florida Determine a Parent Is Unfit to Raise Their Child?
The Florida Statutes § 751.05 outlines the process by which a parent may be deemed unfit to raise their children under the laws of Florida. The State of Florida takes the matter very seriously as raising your child is considered a fundamental right under U.S. law. To find a parent unfit, the court must… Read More »
How Do the Florida Courts Address Parental Alienation?
Parental alienation occurs when one parent attempts to undermine the relationship of the children with the other parent. Essentially, they accomplish this by going on a smear campaign and convincing the child that the other parent is evil, cruel, or unfit. While there is no specific Florida law that addresses parental alienation, the courts… Read More »
Can Technology Improve My Florida Parenting Plan?
Struggling to co-parent with your former spouse? There’s an app for that. Today, technology has significantly improved how parents communicate with each other after their divorce. Companies are now offering tools that provide better communication, organization, and accountability to parents who are in a tricky position. It isn’t always easy to organize with someone… Read More »
What is a Show Cause Hearing During a Florida Divorce?
In a Florida divorce case that makes its way in front of a judge, the judge can order either party to explicitly do something or refrain from doing something. If one party fails to comply with this court order, the other party (the movant) can ask the judge to force the other party (the… Read More »
Using a Prenuptial Agreement to Protect Your Retirement Accounts
There are two things you need to keep in mind. First of all, any value added to your retirement accounts during the marriage is considered property of the marriage, not your personal property. Second, Florida operates on a system of equitable distribution when dividing marital assets. This means that marital assets are divided in… Read More »
What is the Difference Between Adoption and Legal Guardianship in Florida?
Guardianship and adoption are two key concepts under Florida law. The major difference between the two involves the fact that adoption is permanent while guardianship is temporary. Adoption permanently transfers all parental rights to the adoptive parents. This severs the legal relationship between the child and their biological parents. On the other hand, guardianship… Read More »
How Can I Divorce My Spouse After They’ve Been Deported?
It is possible, but complicated, to get a divorce from your spouse after they’ve been deported. In this article, the Tampa, FL, divorce lawyers at Westchase Law, P.A., will discuss some of the complications related to getting divorced from a deported spouse and how to overcome them. Residency requirements To get a divorce in… Read More »
How Can a Florida Parent Regain Visitation Rights After Being Accused of Drug Use
If you’re a Florida parent with a current drug addiction, you may be wondering what you need to do to get your children back in your life. The Florida courts do not look fondly on drug addiction when it comes to children. They generally assume that it’s not in the best interests of the… Read More »