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Unmarried Parents’ Rights in Florida: Custody, Support, and Everything In-Between 10 Apr 4:27 AM (28 days ago)

Let’s be honest—parenting is hard enough without a wedding ring in the picture. Whether you’re happily co-parenting, in the middle of a separation, or just figuring things out, it’s important to understand your rights as an unmarried parent in Florida. Let’s break it down.

So… What’s the Legal Status If You’re Not Married?

Here’s the thing: Florida law doesn’t assume both parents have equal rights just because you’re on the birth certificate. If you’re an unmarried mother, congratulations—under Florida law, you have automatic sole custody of the child at birth (Florida Statute § 744.301).

If you’re the biological father and you’re not married to the mother? You have zero legal rights to the child until paternity is legally established—even if your name is on the birth certificate.

But don’t panic—once you establish paternity, you’re in the game. In fact, as of Florida’s 2023 legal update, once paternity is legally confirmed, both parents are presumed to have equal rights and responsibilities. You can now seek custody (aka time-sharing), make decisions, and be a part of your child’s life in a real and legally recognized way.

How Do You Establish Paternity in Florida?

There are three main ways to establish paternity in the Sunshine State:

Voluntary Acknowledgment

You and the other parent sign a form—usually at the hospital—agreeing that you’re the biological father. 

File a Court Petition

If things are a little more complicated, a DNA test is needed: either parent can file a paternity action in court. The judge can legally establish who the father is and issue orders on child support and custody.

Putative Father Registry

Not just for soap operas! If you think you might be the father and want to be notified of any potential adoption, you can file with the Florida Putative Father Registry (Fla. Stat. § 63.054). Just note: This protects notification rights, not custody or time-sharing.

Custody (aka Time-Sharing): Who Gets the Kid When?

Florida doesn’t use the term “custody” anymore—we call it time-sharing, and it’s all about what’s in the best interests of the child.

Once paternity is confirmed, both parents are equal in the eyes of the court. That means:

Courts prefer shared parenting, where both parents are involved in the child’s life.

You’ll need a Parenting Plan (an actual document) detailing time-sharing schedules, school decisions, healthcare, and more.

Florida courts don’t favor moms over dads, married parents over unmarried ones—it’s all about what’s best for the child.

Child Support: Yes, You’re Both Responsible

Unmarried or not, both parents are financially responsible for the child. After paternity is established, the court will calculate child support using Florida’s standard formula based on income, healthcare costs, daycare, and time-sharing schedules.

No court order = no legal obligation. But once paternity and support are established, the law treats both parents equally—so be prepared to pay your share.

Can You Do All This Without Court Drama?

Totally. If both parents agree on paternity, support, and time-sharing, you can file a petition and submit an agreed Parenting Plan. Judges love it when you work things out without drama. That said, always have a legal professional review your agreement to make sure it’s solid and enforceable.

Pro Tip: Don’t Delay

If you’re a dad and haven’t established paternity, do it now. Waiting can complicate future rights, especially if the mother wants to move, place the child up for adoption, or limit your time-sharing.

The Bottom Line

Unmarried doesn’t mean powerless—but it does mean there’s paperwork involved. Whether you’re a mom protecting your child’s well-being or a dad fighting to be recognized, Florida law has clear paths to establish custody, support, and shared parenting.

Need help making sense of it all? That’s where we come in.

At DeWitt Law Firm, we help unmarried parents protect their rights, create solid Parenting Plans, and do what’s best for the kids—minus the chaos. Co-parenting might be complicated, but getting legal guidance doesn’t have to be.

Ready to protect your rights as an unmarried parent in Florida? 

📞 Call the DeWitt Law Firm today to discuss your case with an experienced Florida family law attorney!

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Alimony vs. Child Support in Florida: What Is the Difference Between? 14 Mar 5:39 AM (last month)

Divorce in Florida isn’t just about breaking up—it’s about setting up two separate lives while ensuring financial stability for everyone involved, especially children. But when money comes into the equation, things can get confusing fast. Enter alimony and child support—two terms that often get mixed up but serve very different purposes.

If you’re wondering what sets them apart, how Florida courts decide who pays what, and what factors affect these payments, we’ve got you covered. Let’s break it!

Alimony: Supporting a Former Spouse

 

What Is Alimony?

Alimony, also called spousal support, is a payment made by one ex-spouse to the other after a divorce. The goal? To help the lower-earning spouse maintain a reasonable standard of living—at least temporarily—so they don’t face financial ruin post-divorce.

Unlike child support, alimony is not automatic. The court evaluates whether one spouse needs support and whether the other spouse can afford to pay it.

Types of Alimony in Florida 

Florida recently eliminated permanent alimony and now offers four main types:

Temporary Alimony – Support granted while the divorce is pending.

Bridge-the-Gap Alimony – Short-term support (up to 2 years) to help transition to single life.

Rehabilitative Alimony – Helps the receiving spouse gain education or job training.

Durational Alimony – Provides financial assistance for a set period based on marriage length.

The amount and duration of alimony depend on Florida Statute § 61.08, which considers:

Remember: Unlike child support, alimony is not determined by a formula—it’s up to the judge’s discretion depending on the unique circumstances of each case. 

Child Support: Financially Supporting the Kids

What Is Child Support?

Unlike alimony, child support is not about supporting a former spouse—it’s about supporting the kids. Florida law requires both parents to contribute financially to their child’s upbringing, even after divorce.

Under Florida Statute § 61.30, child support is calculated using a standard formula based on:

Each parent’s income.

How much time the child spends with each parent.

Healthcare and daycare costs.

Other necessary expenses (e.g., school tuition, extracurricular activities).

Key Facts About Child Support in Florida

Fun Fact: Even if the receiving parent remarries, child support does not change—because the financial responsibility belongs to the biological parents.

Can You Be Ordered to Pay Both?

Yes! If a couple has children and one spouse earns significantly more, the court may order both alimony and child support. The good news? Courts consider child support first, ensuring children’s needs are prioritized before calculating alimony payments.

What If Someone Doesn’t Pay?

Florida courts don’t take unpaid support lightly. If an ex refuses to pay alimony or child support, legal action can include:

Wage garnishment (money deducted from their paycheck).

Driver’s license suspension (yes, the DMV gets involved).

Seizing tax refunds (kiss that tax return goodbye).

Holding them in contempt of court (which can result in fines or jail time).

The Bottom Line: Know Your Rights and Responsibilities

Alimony and child support serve different purposes, but both are crucial for financial stability after divorce. If you’re unsure what you owe—or what you’re entitled to—don’t rely on guesswork.

📞 Call the DeWitt Law Firm today to discuss your case with an experienced Florida family law attorney. Whether you’re seeking fair support payments or need help enforcing an existing order, we’re here to fight for your rights!

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Mediation in 2025: Why Florida Families Are Choosing a Better Way to Divorce 4 Mar 11:30 AM (2 months ago)

Gone are the days of bitter courtroom battles and costly legal fees. Florida families are ditching the drama and embracing a smarter way to resolve their disputes—mediation. With new updates in family law and a growing emphasis on cooperative parenting, 2025 is shaping up to be the year mediation takes center stage in Florida divorces. So, what’s changing, and why should you care? Let’s break it down.

Mediation: The Divorce Game-Changer

Mediation isn’t just some legal buzzword—it’s a real, effective way for separating couples to settle their differences on their own terms. Instead of a legal brawl, mediation involves a neutral third party (a mediator) who helps couples reach fair agreements on everything from child custody to property division and alimony.

Why is this approach gaining traction in Florida? Because it saves time, money, and sanity. And, who wouldn’t want that?

And here’s the kicker: Florida law mandates mediation in most family law cases before going to trial. That means: if you’re heading toward divorce in 2025, you’ll likely be sitting down with a mediator before you ever step foot in a courtroom.

What’s New in Florida Mediation for 2025?

Florida’s family law system is constantly evolving, and 2025 brings some key shifts that make mediation more accessible and effective than ever.

Virtual Mediation is Here to Stay

Remember when Zoom meetings became the norm? Well, virtual mediation isn’t going anywhere either. Florida courts have expanded online dispute resolution options, making it easier for busy parents, long-distance co-parents, and high-conflict exes to settle disputes without the stress of an in-person showdown.

Convenient: No need to take a full day off work.

Cost-Effective: Save money on travel and legal fees.

Less Confrontational: No awkward run-ins in the courthouse hallway.

Stronger Enforcement of Parenting Agreements

If mediation results in a parenting plan, Florida courts are now emphasizing strict enforcement. What does that mean? If one parent tries to play games—like withholding visitation or ignoring agreed-upon schedules—the courts are more likely to step in and enforce the terms.

Pro Tip: If you’re negotiating a parenting plan in mediation, make sure everything is crystal clear. Vague agreements lead to headaches down the road.

Financial Transparency is Now a Must

In 2025, Florida is tightening up rules on financial disclosures in mediation. Before, some spouses would try to hide assets or fudge numbers. Not anymore! New rules require full financial transparency, meaning both parties must provide clear, accurate financial documents upfront.

Lesson learned? Be honest about your assets, or risk the court reopening your case.

Top 5 Benefits of Choosing Mediation Over Litigation

Still on the fence about mediation? Here’s why more couples in Florida are choosing this route over a courtroom battle:

Saves Money: Court fees, attorney costs, and dragged-out legal battles drain bank accounts. Mediation is significantly cheaper.

Faster Resolutions: While court cases can take months (or years), mediation can wrap up in a matter of weeks.

Better for Families: Mediation encourages co-parenting instead of turning children into pawns in a legal war.

More Control: Instead of letting a judge decide your future, mediation lets you and your ex craft your own agreement.

Less Stress: No one enjoys airing their dirty laundry in front of a courtroom. Mediation is private, confidential, and drama-free.

What Happens During a Mediation Session?

Mediation may sound fancy, but the process is actually pretty simple:

Opening Discussion: The mediator lays out the rules and explains the process.

Issue Identification: Each party states their concerns (custody, finances, property, etc.).

Negotiation: With the mediator’s help, both sides work toward a mutually agreeable resolution.

Agreement Drafting: If an agreement is reached, the mediator drafts the terms for final approval.

If both parties cooperate and compromise, mediation can be wrapped up in just a few sessions.

Fun Fact: Over 75% of family law cases that go to mediation result in a full settlement—meaning NO courtroom showdown.

When is Mediation Not a Good Option?

Mediation is great for most cases in Florida, but it’s not for everyone. If your divorce involves:

Domestic violence or abuse

Severe power imbalances

A spouse hiding assets

Then litigation might be necessary to ensure a fair and safe outcome. A family law attorney can help determine what’s best for your specific situation.

How an Attorney Can Help You in Mediation 

Even though mediation is a cooperative process, having an attorney in your corner is still a smart move. A Florida Family Law Attorney can:

Review agreements to make sure you’re not getting shortchanged.

Advocate for your best interests, especially when emotions run high.

Help with complex legal issues, like asset division or alimony.

Think of a family law attorney as your legal GPS—guiding you toward the best possible outcome without unnecessary detours.

The Future of Divorce in Florida: Mediation is Leading the Way

As Florida continues to emphasize fairness, co-parenting, and cost-effective solutions, mediation is becoming the go-to choice for divorcing couples.

If you’re considering divorce in 2025, mediation could be your best bet for a smoother, faster, and less stressful resolution.

Bottom Line: Mediation is the future. It’s faster, cheaper, and puts control back in your hands.

Ready to Explore Mediation? Let’s Talk!

At the DeWitt Law Firm, we believe in helping Florida families resolve conflicts with dignity. Whether you need a mediator or legal guidance during the mediation process, our team is here to help.

📞 Call us today for a consultation and find out how mediation can work for you. Because divorce doesn’t have to be a battlefield!

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Roll, Laugh, and Give Back: The JustCallMoe Celebrity Bowl-o-Rama is BACK! 17 Feb 11:38 AM (2 months ago)

Orlando, get ready to hit the lanes for a bigger, better, and even more unforgettable event! Join us on Saturday, April 12, from 2 p.m. to 5 p.m. at Oviedo Bowling Center for an afternoon of bowling, fun, and giving back!

💥 Last Year Was a Strike! Let’s Make This Year Even Bigger!

Last year, this event raised an incredible $16,000 for Rosie’s Adventures, thanks to over 300 attendees who showed up to bowl, cheer, and make a difference. The energy was electric, and most importantly, we came together as a community to support an amazing cause.

Now, it’s time to do it again—and we’re aiming for an even bigger impact!

🎟 Get Your Ticket – Make a Difference!

For just $50, you get:

Not a bowler? No worries! For only $15, you can enjoy unlimited pinball at The Pinball Lounge while soaking up the excitement.

💖 Bowl for a Cause: Supporting Rosie’s Adventures

Beyond the strikes and spares, this event is all about helping kids battling cancer. Every ticket sold benefits Rosie’s Adventures, a local charity that brings joy and support to children and families facing unimaginable challenges.

So, while you’re knocking down pins, you’re also lifting up lives—and that’s the biggest win of all!

Who Will You See at the Lanes?

This isn’t just a bowling event—it’s a celebrity showdown! Some of Orlando’s most recognizable faces will be there, including:

TV & Radio Stars:

Comedians & Entertainers:

And many more! Who knows? You might just end up in a celebrity showdown at your lane!

🎟 Grab your ticket before they’re gone!  

👉 Click here to purchase your ticket now!

Got questions? Reach out to Jon Busdeker at Jon.Busdeker@DeWittLaw.com.

Last year, we set the bar high—let’s break records this year! See you at the lanes! 

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Valentine’s Day 2025: A Time for Love… or Divorce in Florida? 11 Feb 9:37 AM (2 months ago)

With Valentine’s Day approaching, many couples in Florida celebrate their love. However, for many couples, it marks the final straw in a troubled marriage. Family law attorneys often see a surge in divorce filings in February, following the highs (and lows) of the holiday season.

But why does Valentine’s Day contribute to so many breakups? Is it the pressure of picture-perfect romance? Unmet expectations? Or simply the reality check that love has faded? More importantly, if you’re considering divorce in Florida, what legal factors should you weigh before making a decision? Let’s dive into the February divorce spike and the legal landscape of divorce in the Sunshine State.

 

Why Do Divorce Rates Increase After Valentine’s Day?

Several factors contribute to the post-Valentine’s Day surge in divorce filings. While every relationship is unique, the following trends are commonly observed:

The Holiday Wake-Up Call

The period between Thanksgiving and Valentine’s Day is a rollercoaster of emotions. Many couples put off breakups to get through the holiday season, avoiding difficult conversations during family gatherings or while their children are home from school. However, once the holidays pass, reality sets in.

Valentine’s Day often serves as the ultimate relationship test—a moment where couples reassess their happiness. If one partner forgets the occasion or delivers a lackluster effort, it can reinforce doubts about the relationship’s future.

Unrealistic Expectations

The media, movies, and social media fuel over-the-top expectations for Valentine’s Day. When reality doesn’t match the fantasy, disappointment kicks in. For struggling couples, a failed Valentine’s Day might not be the sole reason for divorce, but it could be the final confirmation that their relationship is beyond repair.

Financial Stress

The pressure to spend on romantic dinners, expensive gifts, and getaways can amplify financial strain, which is already one of the leading causes of divorce. If finances are tight, arguments over money can turn into the last major fight that convinces one or both partners that it’s time to call it quits.

Infidelity & Emotional Disconnect

Some couples discover an affair around Valentine’s Day, whether through a misplaced text, a suspicious dinner reservation, or a social media post. Meanwhile, others who feel emotionally neglected might realize they’re only staying together out of routine raher than love.t

Understanding Florida’s No-Fault Divorce Laws

If you’re thinking about divorce, it’s crucial to understand how divorce works in Florida. The state follows a no-fault divorce system, meaning neither spouse needs to prove wrongdoing to end the marriage.

What Is No-Fault Divorce?

Under Florida Statute § 61.052, a couple can file for divorce if their marriage is “irretrievably broken.” This means:

No evidence of wrongdoing is required. Adultery, financial mismanagement, or emotional neglect don’t need to be proven in court.

Any spouse can desire a divorce. Even if one party disagrees, the court can still grant the dissolution.

5 Things Couples Should Consider Before Filing Divorce in Florida

While February breakups may feel impulsive, divorce is a major legal step. Here’s what Florida couples should carefully consider before filing:

Residency Requirements

Florida law requires that at least one spouse must have been a resident of the state for six months before filing for divorce.

Division of Marital Assets

Florida follows an equitable distribution model (Florida Statute § 61.075), meaning marital property is divided fairly, but not necessarily equally. Courts consider factors like:

Before initiating a divorce, it’s wise to take inventory of assets, debts, and shared financial responsibilities.

Child Custody & Parenting Plans

For couples with children, custody (called time-sharing in Florida) is a major consideration. The court focuses on the best interests of the child under Florida Statute § 61.13. Factors include:

Alimony Considerations

Under Florida Statute § 61.08, alimony (spousal support) is awarded based on:

With the recent Florida alimony reform, permanent alimony is no longer granted. Instead, courts award temporary or rehabilitative alimony based on economic need.

Emotional Readiness & Alternative Solutions

Divorce isn’t always the answer. Some couples consider mediation or counseling before legally ending their marriage. Florida courts encourage alternative dispute resolution (ADR), such as mediation, to help spouses settle issues amicably and cost-effectively before heading to court.

How to Approach Divorce Without Regret?

If you’re thinking about divorce post-Valentine’s Day, take a step back before making any hasty decisions. Here are some tips to ensure you’re making the right choice:

Consult a Family Law Attorney

Even in no-fault divorces, legal representation is key to protecting your interests. A family law attorney can:

Be Strategic About Timing

February breakups often feel emotionally charged. If you’re considering filing for divorce, plan wisely:

Consider Mediation for a Smoother Process

Divorces don’t always have to be contentious. Mediation allows couples to negotiate child custody, property division, and alimony without a drawn-out legal battle.

Focus on Long-Term Goals, Not Short-Term Emotions

If a bad Valentine’s Day is pushing you toward divorce, ask yourself:

The Bottom Line: When Love Ends, a New Chapter Begins

This upcoming Valentine’s Day might feel like the season of heartbreak, but it’s also an opportunity for new beginnings. If you’re considering divorce, knowing your rights under Florida law can help you make informed, rational decisions.  Remember, Valentine’s Day this year is all about self-love! 

At the DeWitt Law Firm, we understand that divorce is an emotional and legal challenge. Whether you need guidance on property division, custody, or alimony, our experienced family law attorneys are here to help.

Thinking about divorce in Florida? Let’s discuss your options—call the DeWitt Law Firm today!

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Florida’s Family Law Changes in 2025: What You Need to Know 3 Jan 8:38 AM (4 months ago)

With the new year comes fresh opportunities, resolutions, and yes, changes to Florida’s family law landscape. For families facing legal matters, staying informed about these updates can make a significant difference in planning and decision-making. 

Let’s break down the key changes Florida has in store for family law in 2025!

Updated Custody Guidelines: Co-Parenting Takes Center Stage

One of the most noteworthy updates in Florida’s family law is the increased emphasis on co-parenting. Courts have long prioritized the best interests of the child, but 2025 brings clearer guidelines to ensure both parents remain actively involved in their children’s lives.

Florida’s new custody guidelines aim to:

Encourage equal parenting time (when feasible).

Promote cooperative decision-making for major life events like education and healthcare.

Discourage one-sided arrangements unless there are serious concerns, such as abuse or neglect.

These changes mean parents will need to work harder together—think fewer arguments over who gets the kids for spring break and more teamwork in scheduling soccer practice and parent-teacher conferences.

Pro tip: If you’ve been considering revisiting your parenting plan, now is a great time to check if it aligns with the new guidelines.

Child Support Adjustments: Fairer Formulas for Modern Families

Money matters often top the list of concerns during family law proceedings, and child support is no exception. In 2025, Florida is rolling out updated child support calculations designed to better reflect the real-life costs of raising kids—think daycare, extracurricular activities, and that never-ending grocery bill.

The key highlights include:

Shared parenting adjustments: If both parents have significant custody time, the support formula now more accurately accounts for shared expenses.

Standard of living consideration: New guidelines consider a child’s pre-divorce lifestyle to maintain consistency.

Streamlined payment methods: The state is introducing digital tools to make support payments easier, faster, and more transparent—goodbye to awkward post-drop-off handoffs.

For families already dealing with child support arrangements, it might be worth discussing adjustments with a legal professional to ensure fairness under these new rules.

Alimony Reform: Clarity and Limits

Alimony has been a hot topic in Florida for years, and 2025 brings some long-awaited clarity to the issue. The new laws aim to simplify what’s often a contentious part of divorce settlements.

Here’s what’s changing:

End of permanent alimony: Long-term financial ties between ex-spouses are being replaced with more defined timeframes for support.

Rehabilitative focus: Alimony awards now emphasize helping a lower-earning spouse gain financial independence, such as by pursuing education or training.

Clearer guidelines for amount and duration: Factors like marriage length, earning potential, and contributions during the marriage (hello, stay-at-home parents!) will guide decisions.

While these changes aim to streamline the process, it’s still critical to approach alimony discussions with a clear understanding of your financial needs and future goals.

Expanded Protections for Domestic Violence Survivors

Florida continues to strengthen its commitment to protecting domestic violence survivors, and 2025 brings expanded legal measures to support those in need.

Key updates include:

Faster access to restraining orders: Streamlined processes for obtaining temporary orders ensure swift action during emergencies.

Broader definitions of abuse: Emotional and financial abuse are now explicitly recognized under the law, offering survivors more comprehensive protection.

Enhanced support services: Additional state funding for shelters and counseling services aims to provide survivors with the resources needed to rebuild their lives.

For anyone experiencing domestic violence, these updates are a step toward greater safety and justice. Legal professionals can help you benefit from these new protections and secure the necessary support.

Digital Innovations in Family Law

2025 isn’t just about policy changes; it’s also about embracing technology to make family law proceedings more efficient and accessible. Florida is rolling out several digital initiatives that could make your next legal experience—dare we say it—less stressful.

Here’s what to expect:

Online dispute resolution platforms: Parents with disagreements over parenting plans can now resolve issues through secure online mediation tools.

Virtual court hearings: Expanded options for virtual appearances mean fewer missed workdays and less travel hassle.

Digital document filing: Filing paperwork has never been easier, with user-friendly portals designed for speed and accuracy.

These innovations aim to save time and reduce the stress associated with family law cases. 

Plus, who doesn’t appreciate fewer trips to the courthouse?

The Bottom Line: What These Changes Mean for Florida Families

Florida’s family law updates for 2025 reflect a growing focus on fairness, collaboration, and modern solutions. Whether you’re dealing with custody, child support, alimony, or another family law issue, understanding these changes can empower you to make informed decisions for yourself and your loved ones.

If these updates sound overwhelming, remember that you don’t have to tackle them alone. A skilled family law attorney can provide clarity and guidance tailored to your situation. 

Here’s to a year of smoother processes and brighter futures for Florida families!

Call the Dewitt Law Firm today! 

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A Very Merry Mediation: How to Resolve Custody Conflicts Before the Holidays 23 Dec 2024 10:56 AM (4 months ago)

The holidays—a time for festive lights, hot cocoa, and (hopefully) harmonious co-parenting. But let’s be real: holiday custody arrangements can sometimes feel like a scene out of Home Alone. Disputes over time-sharing, travel plans, and even who gets to buy the “better” gift can make things more chaotic than joyful.

If you’re a co-parent in Florida, the good news is that you can turn potential conflict into a season of peace with a little planning, a sprinkle of compromise, and some legal help. Let’s dive into how you can create a co-parenting plan that works for everyone—even Santa.

Deck the Halls with a Solid Plan

In Florida, parenting plans are more than just pieces of paper—they’re your go-to holiday survival guide. Required by Florida Statute § 61.13, these plans outline time-sharing, travel, and decision-making responsibilities to ensure both parents are on the same page.

Here’s how a great parenting plan can save the day (and your holiday spirit):

Alternate Holidays: One parent gets Christmas Eve this year; the other gets it next year. Fair and square.

Set Specific Times: Clearly define pick-up and drop-off schedules to avoid any “but I thought” moments.

Include Travel Details: If grandma lives in another state, agree on who handles travel arrangements and costs.

Common Holiday Custody Issues and How to Solve Them

Scheduling Conflicts

Both parents want the same holiday, and suddenly, it’s a tug-of-war.

Solution: Stick to the parenting plan—or if you don’t have one, agree to alternate major holidays. 

Pro Tip: Use tools like OurFamilyWizard to document and communicate schedules.

Gift-Giving Drama

Who gets to play Santa? Some parents feel the pressure to outdo each other.

Solution: Coordinate gifts in advance to avoid duplicates or competition. Remember, it’s about the joy, not the price tag.

Travel Troubles

Long-distance co-parenting or last-minute flight cancellations can throw a wrench in holiday plans.

Solution: Plan travel early and keep the other parent informed. Florida law emphasizes minimizing disruptions to the child’s routine, so factor in travel time when splitting holidays.

Blended Family Tensions

New partners or extended family members joining the festivities can make things awkward.

Solution: Keep the focus on your child’s happiness. Respect their feelings and create a welcoming environment that prioritizes peace over personal grievances.

When Florida Law Steps In: Mediation Magic

If the holidays feel like a custody battle waiting to happen, mediation might be the best gift you can give your family. Florida courts often encourage or even require mediation before heading to trial, as it allows parents to work out disputes in a less adversarial setting.

How Mediation Can Help

Legal Tidbits Every Florida Co-Parent Should Know

Parenting Plans Are Enforceable: Once approved by the court, deviating from the plan without agreement can lead to legal consequences.

Relocation Laws Apply: If holiday travel significantly impacts the time-sharing schedule, you may need court approval under Florida’s relocation laws.

Best Interests of the Child Rule: Florida courts prioritize your child’s happiness and well-being over parental convenience.

Pro Tip: Always communicate and document any changes to the parenting plan to avoid misunderstandings (or court appearances).

Keep Calm and Co-Parent On

Holiday custody conflicts don’t have to turn into a courtroom drama. Here are a few tips to keep things merry and bright:

Plan Early: Discuss schedules weeks in advance.

Be Flexible: Life happens, and showing a little grace can go a long way.

Focus on the Child: Make their happiness the star of the show, not personal grievances.

Avoid Last-Minute Surprises: Stick to agreed-upon plans unless both parents agree to changes.

A Merry Ending: The Gift of Peaceful Co-Parenting

The holidays are about love, joy, and family—even if your family looks a little different now. By working together, staying flexible, and keeping your child’s happiness at the forefront, you can create holiday memories they’ll cherish forever.

Ready to bring peace to your co-parenting plan? Call the DeWitt Law Firm today and let us help make this holiday season your best one yet!  – Tis the Season!

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Can My Ex Control What Gifts I Give Our Child This Christmas? 20 Dec 2024 10:57 PM (4 months ago)

Holiday Gift Rules in Florida Custody Cases!

When it comes to Christmas gift-giving, things can get tricky for co-parents in child custody arrangements. Questions like “Can my ex control what gifts I give our child?” or “Am I allowed to buy certain gifts during my parenting time?” are more common than you might think.

Florida’s family law prioritizes the best interests of the child, but it’s also designed to ensure parents have clear rights and responsibilities. So, if you’re worried about your gift-giving rights as a parent, you’re not alone. Let’s break down the key points of Florida custody law, holiday gift rules, and how to keep the season joyful for your child.

Can My Ex Legally Control the Gifts I Give?

In most cases, no, your ex does not have the authority to control what you give your child as a gift during your parenting time. Florida custody laws, under Florida Statute § 61.13, emphasize parental rights and responsibilities. When it’s your turn to have physical custody (parenting time) of your child, you have the autonomy to make day-to-day decisions for your child, which includes the gifts you buy for them.

However, there are some important exceptions:

If the Gift Poses a Safety Risk: Dangerous gifts, like weapons, age-inappropriate items, or gifts that may harm the child’s well-being, can be challenged. For example, if you buy your 12-year-old a dirt bike without the other parent’s knowledge, your ex could argue that it’s unsafe and request court intervention.

If it Violates Court Orders: If your parenting plan or court order explicitly limits certain types of gifts (like technology with internet access or expensive items), then those restrictions must be followed. Courts may issue specific gift-related orders to avoid disputes.

If the Gift Interferes with Custody Rights: Gifts like international trips or items requiring the child to leave the state may be contested if they violate the custody agreement’s travel restrictions.

If the Gift Undermines Parental Authority: If one parent gives a gift that deliberately undermines the other parent’s authority, such as giving a phone with unlimited internet access after the other parent prohibited it, the court may see this as an attempt to interfere with co-parenting efforts.

What Does Florida Law Say About Parental Rights?

Under Florida Statute § 61.13, both parents have the right to participate in the “parental responsibility” of the child. This means each parent has the right to make decisions related to the child’s upbringing, education, health, and overall well-being.

The law also states that courts prefer “shared parental responsibility” unless it’s not in the child’s best interests. In shared custody, both parents have an equal say in major decisions. However, for routine, day-to-day decisions (like gift-giving), the parent with physical custody during the holiday typically has the authority to make decisions for the child.

In simpler terms, if you’re spending Christmas Day with your child, you’re the “decision-maker” during that time. Your ex doesn’t have the right to dictate the presents you give unless the gift poses a clear threat to the child’s health or violates a specific court order.

Can My Ex Take Away a Gift I Gave My Child?

If you’ve ever heard, “Your dad’s PlayStation stays at my house!” you’re not alone. But can your ex actually take away gifts you’ve given to your child?

Technically, the answer is no. Once a gift is given to a child, it belongs to the child, not the parent. However, the practical reality is a bit different.

House Rules Apply: If the gift is a physical item (like a video game console), it’s often subject to “house rules.” For instance, if your ex’s home doesn’t allow video games, they may not let the child bring the console to their house.

Parental Discretion: While you have authority during your parenting time, the other parent also has the right to control activities and items in their household. This can include restricting access to certain toys, devices, or clothing.

How to Handle It?: If you’re concerned about certain gifts, try discussing them in advance. If discussions fail, mediation is an option, and if the issue is severe, you can request a court review to resolve disputes.

What About Gifts From Grandparents or Relatives?

Grandparents and relatives love to spoil children during the holidays, but can your ex control what these family members give to your child?

No, they can’t—unless the gift is dangerous or violates the parenting plan. However, Florida’s family court system typically does not intervene in disputes about gifts from grandparents, unless the gift poses a threat to the child’s well-being. Suppose you’re concerned that a gift from your ex’s relatives is inappropriate or dangerous. In that case, you may want to address it through your attorney or ask for a modification of the custody agreement.

What If There’s a Dispute Over a Gift?

If you’re in the middle of a dispute over a holiday gift, here’s how to handle it:

Review Your Parenting Plan: Check your custody agreement to see if it restricts certain gifts or establishes “co-parenting protocols” regarding large purchases.

Talk It Out: Before escalating the issue, try to resolve it through direct communication or family mediation.

Legal Action: If you’re unable to resolve the issue, contact your family law attorney. They can help you file a motion to modify the parenting plan or address the issue in court.

Consider Mediation: Mediation is a cost-effective way to resolve disputes without involving the court.

How to Avoid Holiday Gift Disputes?

Co-Parenting Agreement: Include language in your parenting plan about large gifts, travel-related gifts, or expensive items.

Talk About Big Gifts in Advance: Discuss expensive or “big” gifts with your co-parent. Avoid giving gifts that will stay at the other parent’s home without permission.

Be Respectful: Try to avoid gifts that undermine the rules of the other parent’s house (like giving a smartphone with internet access when the other parent has screen time limits).

Bottom Line: Can My Ex Control What I Give My Child?

In most cases, no, your ex cannot control the gifts you give your child during your parenting time. Florida custody laws give parents significant discretion during their custody periods. But certain gifts (like unsafe items) or gifts that violate court orders may be subject to legal challenges.

If you’re facing a dispute over holiday gifts, don’t let it ruin the holiday spirit. Open communication, mediation, and, if necessary, legal intervention can resolve most issues. The goal is to ensure that children enjoy a stress-free holiday, surrounded by love—not arguments over gifts.

Ready to spoil your kids this holiday season but worried about your custody rights in Florida? Call the Dewitt Law Firm today! – Tis the Season!

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Holiday Custody Battles: How to Create a Stress-Free Co-Parenting Plan for the Holiday Season in Florida 9 Dec 2024 7:50 AM (5 months ago)

Ah, the holiday season—a time for joy, family, and… custody battles? Yep, the most wonderful time of the year can also be the most stressful for co-parents. But it doesn’t have to be that way. With a little planning, communication, and some guidance on Florida’s custody laws, you can avoid courtroom chaos and ensure your kids have a magical holiday season. 

Here’s your ultimate guide to creating a stress-free co-parenting plan for the holidays.

 

Start Early (Because Santa’s Not the Only One with a List)

Waiting until December 20th to figure out where the kids will be on Christmas Eve? Big mistake. The earlier you plan, the better. Start discussions with your co-parent as early as possible—like, yesterday. Early planning helps avoid miscommunication, last-minute conflicts, and, most importantly, the “I thought we agreed on this” argument.

Pro Tip: Put it in writing! Use a shared calendar app like OurFamilyWizard or Google Calendar to keep everyone on the same page.

Know the Rules: Florida Custody Laws & Holiday Time-Sharing 

In Florida, custody is known as “time-sharing,” and parents must follow a parenting plan approved by the court. Most of these plans already have holiday time-sharing built in, but you’ll need to file a modification if yours doesn’t (or you want to make changes).

Here’s how holiday time-sharing usually works:

Alternating Holidays: One parent gets Thanksgiving this year, and the other gets it next year.

Splitting Holidays: Divide the holiday in half (morning with one parent, evening with the other).

Fixed Holidays: Assign fixed holidays to each parent every year (for example, Mom always gets Christmas Eve, Dad always gets Christmas Day).

If you can agree on these arrangements, great! If not, you might end up in front of a judge. And trust us, you don’t want the court deciding who gets Christmas dinner.

Florida Law Alert: Florida courts prioritize the “best interests of the child” when ruling on custody and holiday disputes. If one parent is being unreasonable or prioritizing their wishes over the child’s, the court won’t be happy.

Be Clear About Pickups, Drop-offs, and Travel 

Nothing ruins holiday cheer like a miscommunication about pickup times. Will you be exchanging the kids at 10 AM or 4 PM? Is the exchange at your house or their grandparents’ house? It’s best to get ultra-specific with times, locations, and who’s responsible for transportation.

If one parent plans to travel out of state with the kids, that’s a whole other ballgame. Florida requires that you inform the other parent in advance if you plan to leave the state. If your parenting plan requires permission for out-of-state travel, you’ll need written consent or a court order.

Pro Tip: Write it down in the holiday co-parenting plan and avoid the dreaded “But you never told me” moment.

Think Like Santa (It’s All About the Kids) 

It’s easy to get caught up in “fairness” during the holidays but remember—this is about the kids, not the parents. If your kids would be happier spending the morning with one parent and the evening with the other, make it happen. Flexibility goes a long way in creating a joyful experience for them.

What Florida Law Says: Florida family courts focus on the child’s best interests—not the parents’ wishes. Judges want kids to have a peaceful, happy holiday, so they’ll look at past behavior and how each parent prioritizes the child’s happiness.

Handling Gifts (No, You Can’t Out-Santa Each Other) 

Every parent wants to be the “cool parent” with the best gifts. But if you and your co-parent are in a competition to see who can buy the flashiest presents, it can get messy—especially if both of you buy the same toy.

Solution: Coordinate gifts in advance. Make a shared wishlist for the kids so you’re not doubling up on gifts (two PS5s might sound fun, but it’s not practical). Agree on a budget, too, if you want to avoid lopsided gift-giving.

Flexibility Saves the Day (and Your Sanity) 

If Grandma flies in from New York and her flight gets delayed, don’t hold it against your co-parent for being late to the drop-off. Flexibility is key to surviving the holidays as co-parents. Life happens—be understanding, and your co-parent might return the favor.

Pro Tip: If your parenting plan isn’t working for the holidays, don’t wait until December to make changes. You may need to file a modification with the court, and that process takes time.

What If We Can’t Agree? 

If you and your co-parent can’t come to an agreement, you have two choices:

Mediation: A mediator helps you reach a compromise, and it’s faster (and cheaper) than going to court.

Court Intervention: If all else fails, you’ll need to ask a judge to decide. The judge will look at the child’s best interests, not yours, so be prepared.

Florida courts prefer mediation over litigation for holiday custody issues. Judges want parents to resolve disputes on their own without dragging kids into court.

Pro Tip: Don’t wait until December 23rd to file a motion for emergency custody. Judges have holiday plans too, and court schedules fill up fast.

Need Help? Get Legal Support Before the Holidays Begin! 📞

If things are getting tense and your co-parent is being uncooperative, it may be time to call in a family law attorney. An attorney can help you negotiate a fair holiday time-sharing plan or file a motion if your co-parent refuses to cooperate.

Here’s how the DeWitt LawFirm can help:

Drafting & Modifying Parenting Plans: Get a legally binding plan in place before the holidays hit.

Mediation & Negotiation: If you want to avoid court, we’ll help you negotiate a fair plan.

Court Representation: If it comes to that, we’ll be by your side, making sure your child’s best interests are protected.

Holiday Co-Parenting Plan Example (Just Steal This One)!

Thanksgiving: Mom gets even years, and Dad gets odd years (swap at 2 PM).
Christmas Eve: Mom gets from 9 AM to 9 PM.
Christmas Day: Dad gets from 9 AM to 9 PM.
New Year’s Eve/Day: Alternates every year.

This is just one example, but it’s simple, fair, and easy to follow. Feel free to customize it based on your family’s needs.

The Bottom Line: Be Nice

The holidays are a time for family, love, and togetherness—so don’t let custody issues ruin it. By being proactive, flexible, and willing to compromise, you can give your kids the gift of a peaceful holiday.

If you’re feeling stuck, overwhelmed, or just unsure where to start, the DeWitt Law Firm can help you create a co-parenting plan that works for everyone. Call us today to protect your family’s holiday peace. 

Ready to create endless memories with your kids this holiday season? Call the DeWitt Law Firm Today!

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Domestic Violence and Family Law in Florida: Protecting Yourself and Your Children 25 Nov 2024 6:07 AM (5 months ago)

When family dynamics take a turn toward danger, protecting yourself and your children becomes the top priority. Domestic violence can leave emotional and physical scars, but the law provides tools to help victims regain safety and control. If you’re in Florida and facing family law issues, understanding how domestic violence intersects with custody, visitation, and legal protections is crucial. Let’s break it down step-by-step!

 

 

What Is Domestic Violence Under Florida Law?

In Florida, domestic violence isn’t just about physical harm. It’s broadly defined under Florida Statute § 741.28 to include:

Whether the violence is directed at you or your children, the law is on your side, offering legal remedies to ensure safety.

Obtaining a Protective Injunction (Restraining Order)

A protective injunction, commonly known as a restraining order, is a powerful legal tool to shield victims of domestic violence. Here’s how it works in Florida:

Types of Protective Injunctions

Domestic Violence Injunction: For those facing immediate danger from a family or household member – AKA restraining order.

Repeat Violence Injunction: For victims of two or more incidents of violence or stalking.

Dating Violence Injunction: For individuals in a romantic or intimate relationship who experience violence.

Sexual Violence Injunction: For victims of sexual assault or abuse.

Stalking Injunction: For those targeted by repeated unwanted contact or harassment.

Steps to File for an Injunction

Complete the Petition: You’ll need to file a detailed account of the abuse at your local courthouse or online in some jurisdictions.

Temporary Order: If the judge finds immediate danger, they may issue a temporary injunction, effective until the hearing.

Attend the Hearing: Both parties can present evidence, and the judge decides whether to grant a permanent injunction, which can last indefinitely or for a set period.

What an Injunction Can Do?

Pro Tip: Keep a copy of the injunction with you at all times and inform your child’s school or daycare of its terms.

Impact of Domestic Violence on Custody Cases

Florida courts prioritize the best interests of the child when determining custody and visitation, and domestic violence is a critical factor in these decisions.

Custody and Parenting Plans

Presumption Against Shared Custody: If a parent has been convicted of domestic violence, Florida law presumes that shared custody is not in the child’s best interest.

Supervised Visitation: In cases where the abusive parent is granted visitation, it may be supervised by a third party or occur at a designated visitation center.

Parental Fitness Evaluations

Courts may require psychological evaluations, home studies, or expert testimony to assess a parent’s ability to provide a safe and stable environment.

Evidence Matters

Documented evidence of abuse—such as police reports, medical records, or testimony from witnesses—can heavily influence custody rulings.

Protecting Yourself and Your Children

Navigating domestic violence and family law cases requires not just emotional strength but also practical steps to safeguard your well-being:

Create a Safety Plan

Identify a safe place to go, whether a friend’s home, a shelter, or a secure location.

Memorize emergency numbers and have an escape route planned.

Document Everything

Keep a record of incidents, including dates, times, and details.

Save threatening messages, emails, or voicemails as evidence.

Seek Support

Contact local domestic violence hotlines or organizations for guidance.

Consider counseling for yourself and your children to process trauma.

Hire an Experienced Family Law Attorney

An attorney can help you file for protective injunctions, manage custody disputes, and ensure your rights are protected, at all cost.

Long-Term Solutions: Moving Forward After Abuse

Breaking free from domestic violence is the first step in building a safer, healthier future for you and your children. Here are some things to consider:

Relocation: Florida courts may allow relocation if it ensures safety. However, you’ll need court approval if it significantly impacts custody arrangements.

Therapy and Support Groups: Professional help can aid healing and provide coping mechanisms.

Legal Follow-Up: Stay in contact with your attorney to address any violations of the injunction or changes in custody arrangements.

The DeWitt Law: Your Partner for Protection

At the DeWitt Law Firm, we understand the courage it takes to confront domestic violence. Our compassionate team is here to guide you through every step, ensuring your rights are protected and your family’s safety is prioritized.  We’re here to help you every step of the way. Together, we’ll work to secure a brighter, safer future.

Ready to ensure your safety and protection and start afresh? Call the DeWitt Law Firm today!

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