Florida law states that alimony or spousal support is meant to address a former spouse’s financial needs. If the spouse enters into a “supportive relationship” with another person, the court presumes that they don’t need alimony anymore. So, if a former wife moves in with a new partner, the former husband can petition the court to stop paying alimony. In…
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Contested Paternity and Genetic Testing in Florida Family Law
Contested paternity cases raise some of the most sensitive Florida family law questions, especially in cases where there is already a legal father of the child. Although genetic testing seems to clearly resolve the issue of biology, Florida courts have uniformly held that biology is not enough to resolve the issue of paternity. In one case, the Florida Third District…
Contested Custody and Relocation Under Florida Law
The most difficult type of contested custody cases involves parental relocation with the child. When a parent seeks to relocate a child a great distance from the other parent, the trial court has to weigh their competing claims and determine whether the relocation should proceed. In weighing this evidence, the trial court must make the decision based on the best…
Contested Paternity and the Limits of DNA Evidence in Florida
Paternity disputes can be emotionally charged and legally complex, especially where a child is already deemed to have a legal father. Advances in technology have made it easier to prove biological parentage, but it is noteworthy that Florida courts have consistently held that paternity is not just a matter of DNA but instead is a matter of law and procedure.…
Virtual Visitation Rights in Florida
Not all parents have the option of being physically present in their child’s life. Some live too far away or had to move for work. This presents serious challenges, but modern technology has provided some answers. To account for this issue, Florida enacted a virtual visitation law also known as the electronic communication statute. This law helps to resolve issues…
Parental Relocation in Florida: What Tampa Parents Need to Know Before Moving With a Child
Relocation cases are some of the most emotionally charged disputes in Florida family law. When a parent wants to move 50 miles or more from their current residence, they cannot simply pack up and go. Florida law requires a detailed, evidence-based process, and courts scrutinize relocation requests closely, particularly in contested cases. A landmark Florida Supreme Court decision, Mize v.…
Wade v. Hirschman: Reining in Custody Modifications in Florida
Custody disputes after divorce can get especially tense when one parent wants to change who the primary residential parent is. In Florida, the courts generally favor keeping things stable. The idea is that once a custody arrangement is in place, it shouldn’t be changed unless there’s a strong reason to do so. That principle was reaffirmed in 2005 in the…
Contested Custody & Domestic Violence: How Florida Courts Protect Children in High-Conflict Cases
When custody gets messy in Florida, especially in places like Tampa, allegations of domestic violence tend to carry a lot of weight. Judges don’t take these things lightly. Even just one reported incident, whether it leads to charges or not, can seriously shift how time with the child is divided. A lot of parents are caught off guard by this.…
Garwood v. Wyatt: Child Support Under Fire — How Calculations and Arrearages Can Drive Appeal
Child support cases can get very complicated very fast, especially when a parent’s income changes or someone claims the other side isn’t holding up their end of the bargain. In Florida, such disputes end up being appealed, and a big reason is simple math errors or confusion over how past-due payments are calculated. For example, the case of Garwood v.…
When Can a Parent Relocate With a Child? Lessons from Greenwood v. Greenwood
Child relocation cases are some of the most emotionally charged disputes in Florida family law. When one parent wants to move more than 50 miles away with a child–and the other parent objects–the court must apply Florida’s strict statutory framework under § 61.13001. A recent case, Greenwood v. Greenwood, offers a clear example of how Florida judges make these decisions…