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Highlights of new material in this edition of Florida Family Law and Practice include:
Legislature enacts the Uniform Deployed Parents Custody and Visitation Act governing custody matters of deployed service members and providing a procedure for parents to resolve custody issues by an out-of-court agreement.
In response to Kaaa v. Kaaa, Legislature amends section 61.075, Florida Statutes, to establish a statutory formula—based on the total reduction of mortgage principal by marital funds—for determining the marital share of passive appreciation of nonmarital property.
Legislature amends section 741.04, Florida Statutes to provide that marriage licenses may not be issued to persons under 18 except in limited circumstances and to require applicants to submit certificates of completion of a premarital preparation course.
Legislature makes significant changes to Chapter 409 governing Title IV-D cases and adopts a presumed time sharing schedule for parents.
Florida Rule of Judicial Administration 2.516 is amended to no longer allow parties an additional five days to respond following service of a document by e-mail.
Florida Rule of Judicial Administration 2.514(a)(1)(A) is amended to provide that time frames are calculated beginning from the next day that is not a weekend or legal holiday following the event that triggers the time frame.
Florida Family Law Rule of Procedure 12.407(a) is amended to prohibit children who are witnesses, potential witnesses, or related to a family law case from being deposed or brought to a deposition, being subpoenaed to appear at a family law proceeding, or from attending family law proceedings without prior order of the court based on good cause shown.
Florida Supreme Court affirms that Frye, not Daubert, is the appropriate test in Florida courts to determine the admissibility of expert opinion based on scientific techniques.
Florida Supreme Court holds that the biological father of a married woman's children has the right to bring an action to establish his parental rights as the father as long as he has manifested a substantial and continuing concern for the welfare of the children.
Florida Supreme Court holds that section 57.105, which governs sanctions for raising an unsupported claim, may be applied to section 748.046, governing actions for protective injunctions against repeat and dating violence, where all other requirements of the sanctions statutes are met.
Florida Supreme Court holds that an allegation that a trial judge is a "friend" on a social networking website with an attorney appearing before the judge, standing alone, does not constitute a legally sufficient basis for disqualification.
District Courts of Appeal conflict on whether a motion for rehearing is required to preserve issue of trial court's failure to make statutorily required findings for appellate review.
Third DCA finds reasonable basis to conclude that attorney violated his duty of candor by failing to disclose controlling adverse law to court.
Multiple Supreme Court approved forms are amended to replace gendered terms with gender neutral terms.
