Blog

A Biological Father's Rights

Posted on Mon, Jun 23, 2014

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Single Dads, Kids and Summertime

Posted on Tue, Jun 17, 2014

For single dads that aren't used to having their children on a daily basis, summertime will present unique challenges. These challenges can be difficult to deal with if they are not properly planned for, creating stress and strife in what should otherwise be a summer of parent/child bonding. The best way to properly plan for a child's summertime visit is for a parent to take a closer look at their child's schedule and then compare it to their own. There will be some conflicts that need to be addressed since work doesn't let out for the summer. These are the factors you need to consider before summer kicks off.

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What is Considered Marital Property?

Posted on Fri, Jun 13, 2014

Is property purchased primarily with non-marital funds and initially deeded to one spouse considered non-marital property? These are the types of issues that come up all of the time in family law. It is part of equitable distribution. People are constantly wondering whether something belongs to the individual or to the married couple. As with most areas like this in family law, there are often gray areas.

We start by following the Statute 61.075(5)(2), which provides that “all real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is non-marital.” Additionally, marital assets and liabilities include, “assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them. The enhancement in value and appreciation of non-marital assets resulting either from the efforts or of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both. Interspousal gifts during the marriage. All vested and non-vested benefits, rights, and funds accrued during the marriage and retirement, pension, profit sharing, annuity, deferred compensation, and insurance plans and programs.” Florida Statute 61.05(5)(1)(a)-(c).

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Florida Statutes on Relocation

Posted on Wed, Jun 04, 2014

Florida statutes have a relocation clause that should help when a mother is trying to take a child out of state.  Do not get cocky about this, however.  Although it is in the statute so that the legislature wanted to not make it so easy, it still contains no presumption against a move. Naturally, as a father’s rights firm, we would like the statute to have a presumption against allowing a parent to leave the state if the other parent is exercising their timesharing on a consistent basis.  The relocation statute does not do this.  It is absolutely no guarantee that the mother cannot take the child out of state.  The good thing is that it at least makes the judges do a little work. 

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