When a custodial parent plans to move away from the other parent and seeks court permission to take their children with him, two factors play a role when the court is making its decision: (i) the best interests of the children, and (ii) the other parent’s custodial rights – in that order.
Court permission is most difficult to obtain when the other parent opposes the move. […]
Mediation is a dispute resolution process in which a neutral third party, known as the mediator, attempts to help you resolve your probate dispute through voluntary negotiations. Although a mediator cannot order you to resolve your dispute, a court can order you to at least participate in mediation. In a probate dispute, it is a pretty good bet that the court will order mediation.
If you do […]
What is the difference between a divorce and an annulment? In a nutshell, a divorce is the breakup of a marriage while an annulment is a declaration that no real marriage ever took place. Two types of annulments exist – religious and civil. Although religious annulments are beyond the scope of this article, a civil annulment differs from a divorce […]
A “guardian of the property” is responsible for managing the financial affairs of the ward. A court-appointed guardian cannot simply walk away or be “fired” by the ward. Although the procedure for ending this arrangement or replacing the guardian depends on the reason being asserted, approval by the court is required. The most common reasons are listed below.
Under Florida child support law, the general principle is that both parents bear equal financial responsibility for child support. This is a rule of thumb that can be deviated from if circumstances so require – if one parent is genuinely unable to provide half of the child’s support, for example.
The custodial parent (sometimes referred to as the majority parent) is entitled to seek court ordered […]