Absolutely! In Florida, Section 787.03 provides that whoever, without lawful authority, knowingly or recklessly takes or keeps a minor child from their lawful guardian, even if in foster care, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This can also apply to parents. Grandparents who may have rocky relationship with their…
Helping Good People At Their Worst Times
Family Law
Do I have to get off Facebook if I’m in a divorce?
If you are about to embark on a family law matter that will end with a court appearance, get off social media. Make your Facebook in active, refrain from using Twitter. If you want to keep the accounts, make sure that you avoid commenting on your case. Do not use social media to lash out at the other side or…
What exactly does no-fault mean in a divorce?
Florida is one of the states where you can get a divorce without proving that either party did something wrong, like adultery or abandonment. If one party wants a divorce, then they can have it. It prevents a spouse from being forced to hire a private detective to spy on the other just so they can get out of the…
Spyware, to spy or not to spy!
Can a husband or wife install spyware on the other spouse’s phone or computer? You can certainly keep and use text messages or voicemails or even Facebook posts from the other party, but intercepting and saving communications that were intended for the other party is a first degree misdemeanor in Florida for the first offense, and a 3rd degree felony…
Can my husband take my dog in our divorce?
If the dog was bought during the marriage, he is considered personal property just like any other. Until a Court rules one way or another, your husband should not remove any personal property from the home unless it is agreed upon. Unfortunately, without the benefit of having filed for divorce, he or you can do whatever you want with marital…
Who goes to jail if the child refuses to visit a parent?
Well, if you are before Judge Lisa Gorcyca in Oakland County, Michigan, the kids go to jail. In a highly contentious divorce between Omer and Maya Tsimhoni involving their three children, ages 9, 10, and 14, the children refused to have a relationship with their dad. The 14 year old child stated he had seen the father hit the mom and that…
Being stood up at the alter
Being stood up a the alter does still happen. The thought though that the bride should trash the dress doesn’t ring true for me. It is possibly because I loved my dress. The legal issues that can arise from a wedding being called off are many. The bride can keep the engagement ring. Even if the parties married and subsequently…
How do I measure the 50 miles in a relocation case?
How does a parent know whether they have to file a petition to relocate if they want to move? The relocation statute, Fla. Stat. Ch. 61.13001, requires either an agreement to relocate or a Petition to Relocate be filed and heard prior to a parent moving with a child more than 50 miles from their residence at the time of the…
Are lottery winnings a marital asset?
It depends on when the ticket was bought. If it was bought before the filing of the petition for divorce, the proceeds if any are considered a marital asset and subject to equitable distribution. If however, the ticket was bought after the petition was filed even if the final order of divorce had not been entered (assuming it was not…
It isn’t true that 50% of marriages end in divorce!
I have often quoted the myth (apparently) that 50% of marriages end in divorce. According to the New York Times, only 30% of couples who married in the 1990s did not reach their 15th anniversary (excluding those in which a spouse died). And couples who married in the 2000’s are even less likely to divorce given their current stats. It seems…