When is work product protected? What is work product? When is work product protected? What is work product? When papers, information i.e.: things are created or investigated for the attorney, in furtherance of the pending case, (or part of an investigation for a case to be filed, as are considered to be work product privileged....Continue Reading

Are all my communications going to be reviewed by the court? Are all my communications going to be reviewed by the court? The basic standard is to expect all communications to be reviewed by the Court. If you do not want the Court to read what you are writing, it will have to be either...Continue Reading

Can I sue the other parent for intentional infliction of emotional distress for taking the child? Can I sue the other parent for intentional infliction of emotional distress for taking the child?  i.e.: out of the state. Yes, you can sue for emotional distress-but it is a difficult cause of action: If the elements are...Continue Reading

What if other parent takes child out of the state, without the other parent knowing where they went to? What if other parent takes the child out of the state, without the other parent knowing where they went to? There are protections in the form of the Parental Kidnaping and Prevention Act, and the Uniform...Continue Reading

What if other parent’s conduct is so bad – get a restraining order or is supervised time-sharing required first? What if things are so bad – do I have the right to get a restraining order, immediately? You cannot just seek a restraining order-against the other parent-claiming they should not have contact with the child....Continue Reading

What is the standard for Child custody awards? What is the standard for Child custody awards that are Temporary custody to maternal grandparents: must apply clear and convincing standard required. (best interests standard IS incorrect standard) Child Custody Lawyer The Court must use the applicable clear and convincing standard, when the court reviews evidence pursuant...Continue Reading

Purpose of the UCCJEA – Home State The UCCJEA – is based upon the home state – where the children were residing for 6 months prior to the filing of the petition. Purpose of the UCCJEA: to avoid jurisdictional competition and conflict with courts of other states in matters of child custody.” Section 61.502 (1)....Continue Reading

Wrongful Conduct of the Custodial Parent A recent case worth reading about…. JOAN B. GINNELL, Appellant, v. BRIAN ROBERT PACETTI, II, 35 Fla. L. Weekly D504a Dissolution of marriage — Modification — Time-sharing plan — Contempt — Trial court properly entered order holding former wife in contempt for violating order on time-sharing and modifying time-sharing...Continue Reading

What if the mother takes the child out of the state, without the other parent knowing where they went to? Ft. Lauderdale Family Law Attorney Q: What if the mother takes the child out of the state, without the other parent knowing where they went to? A: There are protections in the form of the...Continue Reading

What if things are so bad-do I have the right to get a restraining order, immediately. Q.: What if things are so bad-do I have the right to get a restraining order, immediately. A: You cannot just seek a restraining order-against the other parent-claiming they should not have contact with the child. Fort Lauderdale Domestic...Continue Reading