Blog

Is a Court Bound by the Recommendation of a Child's Therapist?

Posted on Wed, Jul 26, 2017

It is the intent of Florida law, that the trial court have executive decision making of time sharing arrangements. Florida judges are required to apply the "best interest" standard in making decisions concerning time sharing and parental responsibility of children.  In any decision involving a child, even one where an expert was provided an opinion, where two parents have an agreed upon arrangement, the court must evaluate the best interest of a child when making a decision concerning that child's relationship with their parent. 

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Marital Bank Accounts: Learn How They Can Be Used During Divorce

Posted on Tue, Jul 18, 2017

Equitable distribution should not include financial accounts that our client's are forced to use during divorce proceedings. It does not matter what the balance of the checking account was on the date of filing. If there was no misconduct, that balance is not subject to equitable distribution. A spouse has the right to deplete marital assets during the pendency of litigation to pay support, living expenses, litigation expenses, etc. The court should not include assets that have been diminished or dissipated during dissolution proceedings in an equitable distribution screen. A trial court commits reversible error by including assets depleted during dissolution proceedings in an equitable distribution screen, unless the spouse commits misconduct when depleting such assets.

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