The Holman Law Firm Family Law Attorneys | Divorce Law Pensacola 2026-07-06T09:41:51Z https://www.holmanfirm.com/feed/atom/ WordPress On Behalf of The Holman Law Firm <![CDATA[Can you finalize the divorce if your spouse disappears in Florida?]]> https://www.holmanfirm.com/?p=55076 2026-07-01T09:42:32Z 2026-07-06T09:41:51Z Facing divorce can be an overwhelming task. If your spouse disappears, it might make things even more difficult. Fortunately, Florida courts offer you a different legal path that you can pursue. Here is what you need to know. 

Diligent Search Requirement 

The court wants to make sure that you have made sincere efforts to notify your spouse, who may be out of reach. That is why the court generally instructs you to follow a method of legal notice called “service by publication” or constructive service.  You do that by:
  • Putting up a notice in a legitimate newspaper (approved by the clerk of court) for a certain period of time 
  • Sending a copy of the divorce papers to your spouse’s last known legal address
  • Submit the proof to the court that you have followed through with the above two steps 
Keep in mind that Florida state law requires you to publish the notice in a newspaper at least once a week for four consecutive weeks. 

Diligent Search Requirement 

In addition to the above efforts, the court also requires you to make a reasonable attempt to locate them. As a result, you should try to contact family and friends to know about their whereabouts, monitor their credit accounts, check their digital footprint and many more. Basically, you must show that you did all you could to find and inform them about the divorce. 

What are some obstacles ahead?

If your spouse didn’t respond to your reasonable attempt to notify them, the court may grant a default divorce in Florida. Nevertheless, other issues related to your marriage may remain unresolved. For instance, the court may not be able to divide the assets or offer you parental responsibility if you share children. The smart thing to do now is to build your case by documenting everything so that you can bolster your case. A lawyer can guide you through these hurdles.  ]]> On Behalf of The Holman Law Firm <![CDATA[How modern Florida alimony laws impact your divorce]]> https://www.holmanfirm.com/?p=55074 2026-06-19T12:46:27Z 2026-06-24T12:45:24Z Does this mean I cannot receive alimony anymore? The end of permanent alimony does not mean Florida courts can no longer award spousal support. Under Florida's alimony statute, courts may still award other forms of alimony in appropriate cases. Under the current law, courts place greater emphasis on the length of the marriage and the expected duration of support. Depending on a spouse's financial needs and the other spouse's ability to pay, support may still last for a significant period of time.

How do courts evaluate support requests today?

Courts still look at several factors when deciding whether support is appropriate, including:
  • The length of the marriage
  • Each spouse's income and earning capacity
  • The lifestyle established during the marriage
  • The financial needs of each spouse
  • The ability of one spouse to provide support
As a result, courts may focus more closely on the amount and duration of support that fits the circumstances of the case.

What do the 2023 changes mean for divorce planning?

Florida's 2023 alimony changes may influence settlement negotiations, financial planning and expectations about post-divorce finances. Because permanent alimony is no longer available, spouses may need to evaluate other financial resources and adjust their long-term plans when preparing for life after divorce. Support decisions often connect to property division, retirement accounts and other financial issues that may arise during a divorce case. Looking at the full financial picture can help spouses make informed decisions about their financial future.]]> On Behalf of The Holman Law Firm <![CDATA[What rights do unmarried fathers have when denied visitation?]]> https://www.holmanfirm.com/?p=55072 2026-06-03T14:56:17Z 2026-06-08T14:55:40Z Do you need to establish paternity? Before you can exercise visitation rights, you must legally establish paternity. In Florida, married fathers automatically have parental rights. However, unmarried fathers do not receive automatic recognition at birth like married fathers do. You can achieve the same parental status by executing a voluntary acknowledgment of paternity. This grants you automatic recognition as a natural guardian. If the mother disputes paternity or refuses to cooperate, you may need to petition the court. The court can order genetic testing. Once paternity is confirmed, you gain legal standing to pursue a court-ordered parenting plan.

Can you contest a denied visitation?

After establishing paternity, you gain the right to petition for a time-sharing arrangement. Florida courts prioritize the best interests of the child when making these decisions. The court will evaluate various factors, including:
  • The relationship with the child
  • The ability to provide a stable environment
  • The willingness to encourage a relationship with the other parent
If the mother violates a court-ordered time-sharing schedule, you can file a motion to enforce the parenting plan. The court may award makeup time-sharing and impose financial or contempt penalties on the violating parent.

How can you protect your parental rights?

Documenting your involvement in your child's life is crucial. Keep records of attempted visits, communications with the mother and any financial support you provide. These records can support your case in court proceedings. Family law cases involve strict deadlines and specific procedural requirements. Missing a filing deadline or submitting incomplete paperwork can delay your case. In such cases, you may benefit from having legal counsel guide you through the process.

Establishing your role in your child's life

As an unmarried father in Florida, you have legal rights to maintain a relationship with your child. However, these rights are not automatic and require you to take specific legal actions. Understanding Florida family law can make a significant difference in your ability to be part of your child's life.]]> On Behalf of The Holman Law Firm <![CDATA[Do Florida fathers have the right to school and medical records?]]> https://www.holmanfirm.com/?p=55067 2026-05-21T12:15:02Z 2026-05-26T12:14:18Z The law protects access to information Florida Statutes Section 61.13(2)(c)7 states that a parent generally cannot be denied information about a minor child. In practical terms, you may be able to request items such as:
  • Report cards, standardized test scores and disciplinary notes
  • Attendance details and school-related notices
  • Medical histories, immunization details and physician notes
  • Dental history, treatment plans and appointment information
This right can apply even if you do not have the majority time-sharing schedule, formerly known as custody. However, a court order, domestic violence injunction or other legal restriction may limit access in some cases. Providing the school, doctor or dentist with your parenting plan or final judgment can help reduce confusion when you request information.

FERPA may apply to education files

School records may also fall under the Family Educational Rights and Privacy Act, known as FERPA. This federal law generally allows parents to inspect and review education files. Schools usually must respond to a records request within 45 days.

Medical records follow different privacy rules

Under federal health privacy standards, a parent may generally access a minor child’s medical information as the child’s personal representative. A court order, state law or limited exception may restrict that access.

What to do if a provider denies your access

Sometimes, a school office, medical provider or the other parent may misunderstand your rights. If someone denies your request, review your court order first to see whether any restriction applies. Keeping your parenting documents on file with your child’s school and health care providers can help prevent delays.]]> On Behalf of The Holman Law Firm <![CDATA[How to divide the family home in a Pensacola divorce?]]> https://www.holmanfirm.com/?p=55062 2026-05-11T13:00:03Z 2026-05-14T12:59:25Z How to divide the family home in a Pensacola divorce? Dividing the family home is often the most emotional and expensive part of a Pensacola divorce. This blog addresses how to divide the home in Florida divorce cases and property concerns. You typically have three options to handle ownership of your home as part of the divorce procedure : sell and split proceeds, one spouse buys out the other or continue co-ownership for a period. Each choice carries legal, financial and local market consequences.

Option 1: Selling the home and splitting the proceeds

Listing the home produces liquidity and a clean break. Net proceeds depend on market timing, closing costs and repairs; a sale is usually best when you need immediate funds and want to avoid ongoing disputes.

Option 2: The spouse buyout process

One spouse refinances or assumes the mortgage and pays the other’s equity. A buyout preserves stability, sometimes important for children but requires qualifying for a loan and covering closing/refinancing costs.

Option 3: Temporary co-ownership

Couples sometimes delay a sale until children finish school or the market improves. Co-ownership buys time but creates shared liability for mortgage, taxes and maintenance that can keep parties tied together.

Home valuation and Pensacola market specifics

Start with a licensed appraisal and a local comparative market analysis (CMA). Check the Escambia County Property Appraiser for assessed value and recent sales. In Pensacola, consider seasonal demand, flood-zone insurance premiums and frequent military relocations when timing a sale or buyout.

Addressing mortgages, liens and tax issues

Address mortgages, liens and tax issues early. A buyout typically requires refinancing. To avoid future liability and clear title, you must both refinance the mortgage debt and have the departing spouse execute a Quitclaim Deed to transfer their ownership interest to you. Consult a lender and CPA about costs and tax consequences. Remember Florida uses equitable distribution: courts divide marital assets fairly, not always equally. Judges weigh contributions, length of marriage and each spouse’s ability to maintain the home. If you settle, submit the agreement to the court so it becomes enforceable. Quick checklist: order an appraisal and CMA; pull payoff and title reports; meet a lender about refinancing; work with your attorney to draft a settlement for court approval. Choosing sell, buyout or co-ownership depends on valuation, mortgage realities and family stability. If you want a local review of your Pensacola property and options, a legal professional may be able to help you compare scenarios and protect your financial future.  ]]> On Behalf of The Holman Law Firm <![CDATA[What factors can influence your time-sharing schedule?]]> https://www.holmanfirm.com/?p=55059 2026-04-27T14:50:01Z 2026-04-30T14:49:21Z Details courts often review closely Courts review specific factors about each parent’s role and home environment when shaping a time-sharing schedule. These key considerations often include:
  • A consistent daily routine: Courts often favor a plan that keeps school, home life and daily habits steady.
  • Each parent’s caregiving role: Your past role in caregiving, school activities and health decisions can carry weight.
  • Cooperation between parents: A willingness to work with the other parent generally supports a balanced plan.
  • Safety in each home: A history of substance abuse or domestic violence can strongly affect your timesharing schedule.
  • The child’s specific needs: Age, health and, in some cases, the child’s wishes may influence the schedule.
These details often help illustrate each parent’s role in the child’s daily routine. For example, a parent who manages school pickups and doctor visits may present a stronger case for continuity. In Florida, courts must approve or establish a time-sharing schedule that serves the child’s best interests and outlines how parents share time and responsibilities. This framework often shapes how everyday transitions and responsibilities take form in real life.

The impact of these considerations on the outcome

A time-sharing schedule does more than divide days on a calendar. It shapes transportation, school nights, holidays and the rhythm your child relies on. Since child custody battles can involve complex facts, legal guidance may help you recognize which details matter most and present them clearly. This perspective often brings more structure and clarity during a difficult time.]]> On Behalf of The Holman Law Firm <![CDATA[Emergency timesharing rules for Florida fathers]]> https://www.holmanfirm.com/?p=55051 2026-04-09T15:45:39Z 2026-04-14T10:43:58Z When a child faces immediate danger or one parent suddenly cuts off contact, waiting for a standard hearing may feel impossible. Fathers in Florida sometimes need fast court action to protect a child or preserve a relationship. Still, courts do not treat every parenting dispute as an emergency.

Not every timesharing problem is an emergency

Florida courts look at the child’s best interests when they decide a timesharing schedule. State law also supports regular contact with both parents when that makes sense for the child. But not every parenting dispute counts as an emergency. Problems with pickups, schedule changes or poor communication usually are not enough by themselves. A judge may act faster when a child faces a real and immediate risk. That may include threats, domestic violence, plans to take or hide the child or other conduct that puts the child in danger. In domestic violence cases, a Florida court may enter a temporary injunction that includes a temporary parenting plan and temporary time-sharing with a minor child.

The facts must support urgent action

A father who asks for emergency relief usually needs clear facts, not just worry or anger. Judges often look for recent threats, injuries, violations of an existing order, or signs that the other parent may leave with the child. Florida’s family law forms show how limited this process is. For example, the courts provide an emergency child pick-up order for cases that call for immediate action under the law. That remedy does not fit routine disagreements about parenting style or small schedule changes. These disputes may also come up in broader fathers’ rights matters involving parenting time, decision-making authority and enforcement of court orders.

Fathers should also think about the next hearing

Even when a court grants temporary relief, that order may address only the immediate problem. The larger dispute over parental responsibility and a long-term parenting arrangement may still continue through later hearings. For Florida fathers, the key point is simple: emergency timesharing requests work best when the problem involves immediate danger or a serious threat to the child’s stability. Strong records, specific facts and a clear link to the child’s safety often matter far more than broad claims that the other parent acted unfairly.]]> On Behalf of The Holman Law Firm <![CDATA[How do Florida courts decide which parent gets custody?]]> https://www.holmanfirm.com/?p=55043 2026-03-26T12:29:04Z 2026-03-31T12:28:41Z The significance of a child’s best interests Judges focus on the child’s best interests as opposed to a parent’s preferences. Florida generally favors shared parental responsibility unless there is proof that it would harm the child. The court approves or creates a parenting plan that sets time-sharing and decision-making duties. To help them make a plan that’s suitable for the child, some factors courts consider include:
  • Each parent’s ability to meet their needs, including their health and education
  • Each parent’s willingness to encourage a close parent-child relationship
  • The mental and physical health of each parent
  • The stability of each parent’s home
  • Any history of violence, neglect or domestic violence
These factors help the court evaluate which arrangements will best support the child’s development and well-being. By reviewing each parent’s circumstances, the court can create a parenting plan that promotes stability and healthy relationships.

What does this mean for parents?

Florida courts decide time-sharing based on each parent’s ability to care for the child, work together and provide a safe environment. Parents who demonstrate a consistent commitment to their child’s well-being are often in a stronger position during custody decisions. Preparing clear documentation and showing your ability to cooperate with the other parent are important when it comes to determining custody after a divorce. Understanding the legal standards can help you approach the process with greater confidence and focus on what matters most for your child.]]> On Behalf of The Holman Law Firm <![CDATA[How Florida judges decide your timesharing schedule]]> https://www.holmanfirm.com/?p=55046 2026-03-18T07:11:51Z 2026-03-23T07:11:14Z The 'best interests of the child' standard State law requires that one main goal guide every parenting choice: the best interests of the child. Courts now start with the idea that equal timesharing is the right path. A judge will only change this if a parent proves by a preponderance of the evidence that an equal split would actually harm the child. The judge must weigh all facts to decide which setup best supports the child's growth and safety. Judges consider several specific criteria when determining the appropriate schedule for a family such as:
  • Routine and fitness: Courts check if each parent can keep a steady routine and if they are morally fit to lead
  • Parental cooperation: The court looks at how well each parent helps the child maintain a bond with the other parent
  • Health and safety: Judges evaluate the mental and physical health of both parents, including any history of domestic violence or drug abuse
  • Child preferences: A judge may listen to a child’s wishes if the child is mature enough to share a reasoned opinion
These factors help the court determine the most stable environment for the child.

Finalizing the legal parenting plan

Once the judge has all the facts, they sign an order to create a formal parenting plan. This legal paper is binding. It lists the exact days and overnights for each parent. It also names who is allowed to make significant life choices for the child about school and healthcare. While this process focuses on the children, the court handles financial matters separately.]]> On Behalf of The Holman Law Firm <![CDATA[4 factors that help fathers pursue equal timesharing schedules]]> https://www.holmanfirm.com/?p=55040 2026-02-26T06:06:19Z 2026-03-03T06:05:49Z Many fathers want strong bonds with their children after a breakup. You may also fear losing daily moments that build your relationship. Florida law supports involvement from both parents when it serves the child’s best interests. Courts now presume equal timesharing benefits the child unless evidence proves harm. As a result, equal timesharing schedules (formerly known as custody) depend on your parenting history and how you care for your child.

Evaluating equal timesharing in Florida

Florida courts look at important details before giving equal parenting time. Judges look at your daily role and how you support the other parent’s relationship. The law does not favor one parent. It looks at what each parent does. To reach this decision, courts may review the following factors:
  • Clear involvement in daily parenting: Attending school events or medical visits shows your effort.
  • Ability to support co-parenting communication: Encouraging healthy contact with the other parent shows you can co-parent.
  • Consistency and stability of living arrangements: Providing stable housing and reliable transport supports your request for equal parenting time.
  • History of meeting the child’s developmental needs: Knowing your child’s school, health care and activities helps your case.
Together, these factors help courts decide how each parent supports the child’s long-term stability.

Strengthening your position in parenting plan negotiations

Showing your commitment to your parenting role starts with keeping records of school visits and medical appointments. Save messages that show respectful communication with the other parent. Florida courts use parenting plans to set binding timesharing schedules and shared parental responsibility. Both parents must agree on key decisions unless the court finds it would harm the child. Planning and steady parenting can improve negotiation results and affect court decisions.

Building a parenting future your child can rely on

Building toward equal timesharing starts with keeping careful records of your daily involvement. Florida law encourages strong relationships with both parents, giving your consistent effort real legal weight. Every record you keep and step you take to co-parent respectfully shows your fitness as a father. With steady, thoughtful action, you can help secure the equal timesharing your child deserves.]]>