Free case evaluations by phone
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General information about Florida family law. Your situation is your own, so use these as a starting point and talk with us about the details.
A case evaluation is a free phone call with our intake team. They gather the basics and confirm we are the right fit for your case. If we are, they schedule a paid consultation with an attorney by phone or Zoom, so you do not have to take time off or arrange child care to drive to an office. You can schedule your case evaluation online or call (305) 998-5297.
We represent families throughout Miami-Dade and Broward counties, and we take Palm Beach County cases depending on the case. Our office is in Miami Lakes, but most of our clients never need to visit it.
Yes. Hablamos Español. You can have your case evaluation and your case handled in English or Spanish.
A short summary of what is happening, any court papers you have received, and the questions you most want answered. If your case involves children, note their ages and the current schedule. You do not need everything organized; we will help you figure out what matters.
Yes. Information you share with an attorney while seeking legal advice is treated as confidential. Please do not send detailed or sensitive information through the website forms or chat until you have spoken with us.
To file for divorce in Florida, at least one spouse must have lived in the state for six months. Florida is a no-fault state, so the court only needs to find the marriage is irretrievably broken. You file a petition for dissolution of marriage, exchange financial disclosure, and resolve parenting, property, and support by agreement or in court.
A 50/50 schedule is possible, and it is one of the most common things parents ask us about. In a Florida divorce with minor children, the court must approve a parenting plan that covers time-sharing (the schedule) and parental responsibility (decision-making). If you and your spouse agree on equal time, the judge reviews that plan. If you do not agree, you will generally go to mediation first, and the court decides if you still cannot settle.
Possibly. Since July 1, 2023, Florida law presumes that equal (50/50) time-sharing is in a child’s best interests. That presumption can be overcome with evidence that a different schedule is better for the child. The court decides using factors listed in the statute, so the facts of your family matter.
You can ask for that schedule. Because of Florida’s equal time-sharing presumption, a plan that gives one parent much less time generally needs evidence that it is better for the child. Parents can also agree on a schedule together, and it is written into the parenting plan. We can talk through what supports your request and what the court is likely to look at.
Florida calculates child support using statewide guidelines based on both parents’ combined net income. Health insurance and child care costs are factored in, and so is the number of overnights each parent has. When each parent has at least 20 percent of the overnights (73 a year), a time-sharing adjustment applies. The exact amount depends on your family’s numbers.
You ask the court to modify the existing order. To qualify, there must be a substantial change in circumstances. Under Florida’s guidelines, a change is generally considered when the new amount would differ from the current amount by at least 15 percent or 50 dollars, whichever is greater. We can review your income, the schedule, and your current order to see whether a modification makes sense.
In Florida, paternity can be established through a signed voluntary acknowledgment of paternity, the parents marrying after the child is born, genetic testing, or a court order. A signed acknowledgment becomes a legal establishment of paternity if it is not rescinded within 60 days. Once paternity is established, the court can order time-sharing and child support.
When a child is born to unmarried parents in Florida, the mother is the child’s natural guardian until a court orders otherwise. A father gains enforceable rights once paternity is legally established. After that, the court can order a parenting plan and time-sharing. If you are a father who is already part of your child’s life but has no court order, establishing paternity puts that relationship on legal footing.
Collaborative divorce is an out-of-court way to resolve a divorce or family matter. Each spouse hires a collaborative attorney, and everyone signs a participation agreement to work toward a settlement without going to court. If the process breaks down and someone goes to court, the collaborative attorneys must withdraw and cannot represent either spouse there.
If the process breaks down and someone goes to court, the collaborative attorneys must withdraw. They cannot represent either person in the litigation, so each spouse would need to find new representation for the court case. Communications during the collaborative process are generally privileged. Knowing this ahead of time helps you decide whether both of you are truly ready to commit.
In South Florida, family courts generally require mediation before a contested family case goes to trial. Mediation is a confidential process where a neutral mediator helps both sides reach their own agreement. The mediator does not decide the case or give legal advice. Any agreement is put in writing, signed, and submitted to the court for approval.
No. When Annette serves as the neutral mediator in a case, she does not represent either party in that case, and our firm will not represent either side in it. If you want our firm as your attorney, we can represent you at a mediation where a different mediator is serving. Either way, each party may have their own attorney at mediation.
A dependency case is a case DCF brings when it believes a child is unsafe. It is a court case, usually filed by the Florida Department of Children and Families, when a child is alleged to be abused, abandoned, or neglected. Parents have the right to a lawyer, and the court appoints one if a parent cannot afford one.
If DCF removes a child from the home, a shelter hearing must be held within 24 hours. It is usually the first time a judge looks at the case. The judge considers whether the child can safely return home for now or should stay in another placement while the case continues. Everything happens fast, so reach out to a lawyer as soon as you learn about a removal.
Termination of parental rights, often called TPR, permanently ends the legal relationship between a parent and child. It can be involuntary, which most often happens in dependency court after DCF involvement, or voluntary, when a parent surrenders their rights, often as part of a stepparent or relative adoption. Because it is permanent, getting legal advice early matters.
DCF can ask the court to terminate parental rights, but a judge decides. In an involuntary case, the state must prove legal grounds by clear and convincing evidence. The court must also find that termination is in the child’s manifest best interests and is the least restrictive way to protect the child. Parents facing TPR in a dependency case have a right to a lawyer.
A guardian ad litem, or GAL, is appointed by the court to represent the best interests of a child, usually in high-conflict cases. A GAL does not represent either parent. A GAL typically talks with the parents and the child, may speak with teachers, doctors, or counselors, reviews records, and gives the court a report with recommendations.
Neither. A GAL is appointed by the court to represent the best interests of the child and does not represent either parent. That is true even if you were the parent who asked the court to appoint the GAL. If you need someone to advocate for your position and explain your side, that is the role of your own attorney.
In Florida, this is called an injunction for protection. You file a petition asking the court for a domestic violence injunction, and there is no filing fee. A judge can issue a temporary injunction without the other person present. It lasts up to 15 days, until a full hearing where both sides can be heard.
There is no filing fee to petition for a domestic violence injunction in Florida. Whether to hire a lawyer is a separate decision. Many people want guidance on what to include in the petition and how to prepare for the full hearing, where both sides can be heard. Start with a free case evaluation by phone, and we can talk through your situation.
Yes. Under Chapter 751 of the Florida Statutes, grandparents and other close relatives can ask the court for temporary custody of a child. The court grants it if the parents consent, or if it finds a parent unfit because of abuse, abandonment, or neglect. Temporary custody lets you enroll the child in school, consent to medical care, and access records.
You can ask the court for temporary custody under Chapter 751. The court grants temporary custody when the parents consent, so their agreement matters. Temporary custody gives you legal authority to enroll your grandchild in school, consent to medical care, and access records. If your daughter wants to keep a role in decisions while she is in treatment, concurrent custody, where you share legal authority with her, may be an option.
Florida adoption generally requires consent from the birth mother and certain fathers, unless parental rights have already been terminated. Depending on the type of adoption, a home study may be required. The process ends with a final hearing. After it, adoptive parents have the same legal rights and responsibilities as birth parents, and a new birth certificate can be issued.
One of the first questions in a stepparent adoption is consent. Florida adoption generally requires consent from the birth mother and certain fathers, unless parental rights have already been terminated. A home study is generally not required for a stepparent adoption unless the court orders one. After the final hearing, you have the same legal rights and responsibilities as a birth parent. We can review whether consent is needed in your family’s situation.
A short phone call with our intake team, in English or Spanish. If your case is a fit, we schedule your consultation with an attorney by phone or Zoom.
