Legal Lesson - Fla. Stat. 61.45 Child Abduction Protection Act

Posted on Fri, Jul 22, 2011

ABSTRACT: THIS STATUTE WAS RECENTLY ADDED TO AND RE-TITLED THE CHILD ABDUCTION PROTECTION ACT. THIS STATUTE GRANTS THE COURT OPTIONS WHEN THERE IS A RISK THAT ONE PARTY WILL REMOVE A CHILD FROM THE STATE OR COUNTRY OR CONCEAL A CHILD’S WHEREABOUTS. THESE OPTIONS ARE AVAILABLE WHEN THE COURT ENTERS A PARENTING PLAN, WHETHER AN INITIAL PROCEEDING OR MODIFICATION PROCEEDING. THE COURT HAS TO LOOK AT FACTORS THAT CREATE A RISK OF VIOLATION AND CAN LIMIT A PARTY’S TIME WITH A CHILD BASED ON ANY RISK. FACTORS THE COURT LOOKS AT INCLUDE PAST ACTIONS BY A PARTY OR RECENT ACTIONS AND CONDITIONS THAT SHOW THE LIKELIHOOD THAT A PARENT WILL LEAVE THE DESIGNATED AREA. THE COURT CAN CONSIDER WHERE THE PARTY MAY GO WHEN DETERMINING WHICH DETERRENTS TO ORDER. THE DETERRENTS CAN RANGE FROM ORDERS PROHIBITING CERTAIN ACTION TO REQUIRED POSTING OF BOND OR OTHER SECURITY.

Read More

Legal Lesson - Exclusive Use & Possession Of Home

Posted on Fri, Jul 22, 2011

ABSTRACT: Under 61.075(1), Florida Statutes, the Court can award a spouse with majority timesharing  exclusive use and possession of a marital residence until the minor child reaches the age of majority or until the spouse remarries. The Court justifies this award as an way of avoiding further disruption to a minor child’s life. Florida case law suggests this award is the norm unless “special circumstances” exist to make it inequitable.. Special Circumstances include: relative financial positions of parties, duration of residence, other assets available, and earning capacity of the parties. To sustain the award, the parties must be able to maintain the home living separately and the non-occupying spouse must be financially able to forego the economic benefit of distributing the asset immediately. Some case law suggests a nonmarital home can be subject to exclusive use and possession.
Read More

Legal Lesson - Experts in Family Law Cases

Posted on Sat, Jun 25, 2011

ABSTRACT:

Expert witnesses are appropriate to use at a hearing or trial if scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue.  A witness can be qualified as an expert by knowledge, skill, experience, training, or education.  An expert may testify as to relevant facts that he has personal knowledge of and may testify in the form of an opinion.

Read More

Legal Lesson - When you can overcome psychotherapist patient privilege and obtain psychological records

Posted on Sat, Jun 25, 2011

SUMMARY:

Pursuant to Fla. Stat. 90.503, communications between psychotherapists and patients are confidential if they are not intended to be disclosed to third persons other than those persons whose presence is necessary to further treatment, further communication regarding treatment or participating in the diagnosis and treatment.
Read More

Legal Lesson - Spousal Privilege as it relates to a parties new spouse in a modification proceeding

Posted on Sat, Jun 25, 2011

SUMMARY:

A spouse is competent to be a witness in any civil or criminal action in which the other spouse is a party or is otherwise interested.  However, either spouse may refuse to disclose, and may prevent another from disclosing communications that were intended to be confidential between spouses and that were made during the marriage. Marital communications are privileged regardless of whether they arise incident to a marital relationship, and even apply to communications in furtherance of a crime.
Read More

Tell Us About Your Case

  • FREE eBook

    "15 Tips for Navigating a Divorce"

    Download

  • Receive Blog Notifications

    Recent Posts