Navigating Florida Family Law: Key Takeaways from Recent Cases

At Fell Law Group, we know that family law can be complex and emotionally charged. Staying informed about recent legal developments can help you navigate your case with confidence. Below, we break down three recent Florida appellate decisions that impact family law matters, from foreign divorces to judicial conduct and child support disputes.

Carrasco v. Jimenez: Foreign Divorce and Jurisdiction Matters

In Carrasco v. Jimenez, the Fourth District Court of Appeal reversed a trial court’s decision that dismissed a wife’s Florida divorce petition based on a Venezuelan divorce decree. The trial court had improperly considered evidence beyond the petition and had wrongly domesticated the foreign judgment. Key takeaways include:

• A Florida court cannot recognize a foreign divorce decree if the foreign court lacked jurisdiction over the parties or their children.
• The fact that a couple was married in another country does not automatically give that country jurisdiction over a divorce.
• Florida is the proper jurisdiction for child custody decisions when the children have resided in the state for at least six months before proceedings begin.

If you are facing issues related to a foreign divorce decree, consulting with a knowledgeable Florida family law attorney is essential to protect your rights.

B.D. v. Department of Children: Judicial Conduct and Ex Parte Communications

In B.D. v. Department of Children, the Third District Court of Appeal ruled that a judge should have been disqualified after engaging in an improper discussion about a case outside the presence of a parent and their attorney. The case highlights the importance of judicial neutrality:

• Florida law allows judges to have limited one-on-one discussions with children in dependency cases, but the conversation must not extend into case-related matters with third parties present.
• When such ex parte communications occur, the affected party has the right to seek disqualification of the judge.
• Parents involved in dependency proceedings should remain vigilant about judicial conduct to ensure their rights are protected.

If you believe judicial impartiality has been compromised in your case, legal action may be necessary to ensure a fair process.

Cirillo v. Cirillo: Child Support and Attorney’s Fees

In Cirillo v. Cirillo, the Second District Court of Appeal found errors in a final divorce judgment concerning child support and attorney’s fees. The ruling underscores the importance of clear judicial orders:

• Courts must properly address child support arrearages in final judgments.
• A court’s failure to explicitly address an attorney’s charging lien (a claim for unpaid legal fees) can lead to costly appeals and delays.
• If a party is entitled to attorney’s fees, the court must specifically reserve jurisdiction to resolve those claims.

Proper legal representation can help ensure that all financial aspects of a divorce are correctly handled, preventing unnecessary disputes down the road.

Fell Out of Love? Call Fell Law Group!

At Fell Law Group, we stay on top of the latest legal developments to better serve our clients. If you need assistance with divorce, child custody, or support issues, our experienced attorneys are here to help. Contact us today to schedule a consultation and take the next step toward resolution.