Author Archives: Jay Butchko
Custody and Guardianship of a Child Born Out of Wedlock
In Florida, when a child is born to unmarried parents, the mother is automatically considered the child’s natural guardian and has sole legal custody unless paternity is legally established. This designation gives the mother the custody and control of the child, making her solely responsible for making legal, medical, and educational decisions. The father… Read More »
Joint Custody vs. Sole Custody: What Parents Need to Know
Child custody is one of the most emotionally charged aspects of any divorce or separation. Parents naturally want what is best for their children, but determining the right custody arrangement can be challenging. Courts in Florida and across the country prioritize the best interests of the child when making custody decisions, which often leads… Read More »
Is Mediation Legally Binding?
Mediation has become an increasingly popular alternative to traditional litigation in family law and other legal disputes. It offers a structured yet flexible process that allows parties to negotiate and reach mutually agreeable solutions outside of the courtroom. While mediation is often praised for its cost-effectiveness, confidentiality, and ability to preserve relationships, many people… Read More »
Parental Alienation vs. Domestic Violence Allegations
Family court proceedings involving child custody are often emotional and contentious. Among the most complex and sensitive issues that arise are claims of parental alienation and domestic violence. Both can significantly impact custody decisions, but the line between legitimate allegations and false claims can be difficult to navigate. While parental alienation occurs when one… Read More »
The Hague Convention on International Child Abduction: How It Protects Parents and Children
International child abduction is a heartbreaking and complex issue, often occurring when one parent wrongfully removes or retains a child in another country, violating custody rights. The emotional and legal challenges faced by left-behind parents can be overwhelming. Thankfully, the Hague Convention on the Civil Aspects of International Child Abduction provides a legal framework… Read More »
Collecting Past-Due Family Support Arrears and Interest
Family support orders, whether for child support or alimony, play a critical role in providing financial stability for families following a divorce or separation. Unfortunately, when payments are missed or delayed, it can place significant strain on the recipient and create mounting financial stress. In Florida, unpaid support obligations are referred to as arrears,… Read More »
What to Do When Your Ex-Spouse Violates a Court Order in Florida
Court orders play a critical role in family law cases, ensuring that agreements regarding child support, time-sharing (custody), alimony, or property division are upheld. Unfortunately, there are instances when an ex-spouse may fail to follow the terms of a court order, leaving you frustrated and uncertain about what to do next. In Florida, there… Read More »
Dividing Retirement Benefits During Divorce in Florida
Dividing assets during a divorce can be complicated, especially when retirement accounts are involved. Many couples accumulate significant savings in retirement plans like 401(k)s, pensions, or IRAs over the course of their marriage. When it comes to fairly dividing these assets, a legal tool called a Qualified Domestic Relations Order (QDRO) is often required…. Read More »
Alternatives to Divorcing in Florida: Exploring Your Options
Divorce is a significant decision that can have emotional, financial, and legal consequences for everyone involved. While divorce may seem like the only option for couples whose marriage is facing challenges, it’s worth exploring alternatives that might provide a less adversarial or disruptive path forward. In Florida, several alternatives to divorce can help couples… Read More »
Mediation for Gray Divorces: Addressing Retirement, Health, and Property Concerns
Divorce is challenging at any stage of life, but for couples divorcing later in life—often referred to as “gray divorce”—the stakes are particularly high. Gray divorces typically involve couples aged 50 or older, who often face unique challenges such as dividing retirement accounts, planning for health care needs, and managing long-term financial stability. These… Read More »