Articles Tagged with Florida divorce attorney

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A major issue between parents who split up is who will get custody of their child. In many cases, if you do not particularly like the other parent or believe he or she may be irresponsible in some way, you may want to obtain sole custody rights. However, getting sole custody in Florida is extremely difficult.

In order to understand why this is the case, you should have a basic understanding of custody laws in Florida. First, there are two different aspects to child custody:

  • Physical custody: the time you spend with your child visiting you or living with you; and
  • Legal custody: the right to be a part of major decisions in the child’s life, including schooling, activities, religion, and medical care.

In Florida, physical custody is called “parenting time” and legal custody is often referred to as “parental responsibility.” How these rights are divided between parents is set out in a parenting plan that must be approved by the courts. Continue reading

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Divorce attorneys have long been advising their clients to refrain from posting status updates or photos on social media sites such as Facebook, Instagram, and Twitter during their divorce cases. Too many people ignore this advice, however, and post things they find harmless that only comes to hurt their case in some way. For example, relatively innocuous photos of you having a margarita on the beach in Mexico could possibly be used as evidence of your financial situation (that you can afford to take vacations) or to question your fitness to be a good parent (due to a “party” lifestyle). A recent case out of Florida only reaffirms the fact that courts are willing to use social media evidence to decide cases.

No privacy rights to Facebook photos

The Fourth District Court of Appeals of the State of Florida ruled on a case earlier this year that involved a woman’s attempt to keep her Facebook photos and profile information from the other party following a discovery request. The woman claimed that, even though the photos were on the internet, she had set her account to “private” and, therefore, her photos should remain private. The court held that she had no privacy rights to photos or Facebook profile and that they did not constitute any type of privileged information. Because her profile contents could reasonably lead to discoverable evidence, the court held she had to turn over access to her account.