Author Archives: Jay Butchko
Child “Custody” in Florida
As is the case in general when it comes to family law, courts are always concerned about what is in the best interest of the child when it comes to making custody and parenting/time-sharing arrangements. At the same time, courts, in general, also have to respect the Parental Rights Doctrine, which historically upheld parents’… Read More »
Relocation after Divorce
Divorce and child custody issues are already difficult enough without also having to address the issue of relocation after divorce. Depending upon the specific circumstances surrounding the relocation, it could very well affect the amount of time a parent spends with their child. For these reasons, it is important to understand what Florida law… Read More »
11th Circuit Sides with Geico in Insurance Bad Faith Claim
Recently, the 11th Circuit Court of Appeals upheld a ruling in support of an insurance company, clarifying the importance of what evidence is required in order to prove that a claimant has suffered from a permanent injury. The bad faith case filed in the Middle District of Florida involved an insurance claim originally filed… Read More »
Keeping Children Supported Throughout the Divorce Process
Anyone who has gone through (or is currently going through) divorce and has children knows that one of the primary concerns is the well-being of their children and how they will get through it. Change can be especially harsh on children, especially during stages when routines are so important to their development. According to… Read More »
Important Financial Decisions to Make Before, During and After Divorce
Divorce not only brings change to your personal/family life, but to your finances as well. This is why it is crucial that you make the right financial decisions immediately before, during, and soon after your divorce, so that you are on the right track. This can be done with the assistance of an experienced… Read More »
Protecting Your Non-marital Property and Assets
Divorce is rarely an easy process for couples. Even for those splitting up amicably, frustration can sometimes emerge when dealing with sensitive issues such as child custody or property and asset division. Florida abides by the principle of equitable distribution, meaning that any and all property and other assets acquired during the marriage is… Read More »
Florida Supreme Court Ruling Allows Lenders to Refile Foreclosure Cases
Recently, the Florida Supreme Court ruled that lenders can refile foreclosure cases against homeowners who are still in default, even if the case was initiated more than five years ago (i.e. past the statute of limitations). This effectively now gives banks in the state the right to bring cases back to life, meaning that… Read More »
Grandparent-Grandchild Visitation in Florida
Unfortunately, sometimes when there is divorce and/or death within a family, there are also visitation-related disputes. While the courts will always be most concerned with what is in the best interests of the child, it is also important to note that grandparents do have certain visitation rights under some circumstances. The Law in Florida… Read More »
Serial Claimants Exploit the Americans with Disabilities Act (“ADA”) and Cripple Florida Businesses
According to a recent news investigation, a law designed to help give the disabled access in the state of Florida is potentially being used for abusive reasons. Specifically, one man in particular has allegedly filed more than 1,000 lawsuits against local Florida businesses for supposedly violating the Americans with Disabilities Act (ADA), without even… Read More »
When Florida Homeowners Associations Have To Bring Claims against Developers
Recently, one of the largest home builders in the nation lost a $16.3 million judgment to a condo association after the judge found that it had engaged in deceptive practices, leaving the association in poor financial condition. The company—D.R. Horton—started developing the association—Majorca Isles Master Association in Miami Gardens—back in 2005, but decided to… Read More »
