Beverly L. Brennan, P.A.Naples Family Law Attorney | Divorce, Child Custody Collier County2026-07-03T17:53:36Zhttps://www.brennanfamilylaw.com/feed/atom/WordPressOn Behalf of Beverly L. Brennan, P.A.<![CDATA[When can you get an emergency custody order in Florida?]]>https://www.brennanfamilylaw.com/?p=504592026-07-03T17:53:36Z2026-07-03T17:53:36ZA parent’s natural instinct is to protect their child from danger – and that includes dangers presented by their other parent. Whether your concern involves a co-parent’s substance abuse, fear that they may abduct the child and remove them from the state or worries about neglect and abuse, you can’t wait weeks for a standard custody hearing.
In those situations, Florida law may allow you to ask the court for an emergency custody order.
What qualifies as an emergency?
Emergency custody orders are not granted simply because parents disagree about parenting decisions or because one parent believes they should have more parenting time. Instead, the court must be convinced that the child’s well-being is in immediate danger. If the judge finds that an emergency either exists or may exist, temporary orders can be entered while the underlying custody dispute moves through the legal process.Every case is different, but Florida courts generally reserve emergency custody orders for things like:
Physical or sexual abuse
Serious neglect
A parent's substance abuse that places the child in danger
Domestic violence in the child's home
Credible threats to remove or conceal the child in violation of a custody order
Dangerous living conditions that put the child's safety at risk
The court will expect evidence supporting the request – not just allegations or suspicions. Medical records, police reports, witness statements, photographs, school records or other documentation can be used to demonstrate that immediate court intervention is necessary. In some cases, the court may be willing to act with relatively little evidence, but only if there are valid concerns about a child’s physical safety. In those situations, and any other where the parent doesn’t have the opportunity to respond before the hearing, the order will be temporary. A follow-up hearing will typically be scheduled so both sides can present their full case.
If your child is in danger, act quickly
If you believe your child is in immediate danger, do not hesitate to act. You may need to call the Florida Department of Children and Families (DCF) to report child abuse, neglect or abandonment, if any of those apply. It’s also important to remember that you can only withhold your child from their co-parent under very narrow conditions. If you act without legal justification, you could face contempt of court proceedings and negatively affect your own custody rights. That makes it far wiser to seek legal guidance immediately.An experienced Florida family law attorney can evaluate your situation, see if the circumstances meet the legal standard for an emergency change of custody and present a clear, convincing argument to the court.]]>On Behalf of Beverly L. Brennan, P.A.<![CDATA[Why does financial disclosure matter in high-asset divorces?]]>https://www.brennanfamilylaw.com/?p=504572026-06-29T10:01:41Z2026-06-29T10:01:41ZThe hidden complexity of substantial assets
High-end divorces involve more than just dividing bank accounts and retirement funds. You may be dealing with:
Multiple business interests and partnerships
International properties and offshore accounts
Stock options and deferred compensation packages
Trusts and complex estate planning structures
Valuable collections including art, jewelry and vehicles
Each of these assets requires careful documentation and valuation. You might want to consider working with forensic accountants who specialize in uncovering the full scope of marital property. These professionals can trace money movements and identify undervalued assets. They could also ensure nothing slips through the cracks during your divorce proceedings.
Protecting your financial future
The decisions you make during your divorce could affect your financial security for years to come. When one spouse controls most of the financial information or has been the primary money manager, problems might arise. The other spouse may not fully understand what exists in the marital estate.
You might want to gather documentation early in the process. Bank statements, tax returns, business records and investment portfolios all provide crucial information. The more comprehensive your financial records are, the better positioned you will be during negotiations.
You could also consider requesting a formal investigation if your spouse is not fully transparent with information. Courts take hidden assets seriously, and judges have ways to force spouses to share information. You deserve to know the complete truth about marital assets before finalizing any settlement agreement.
Remember that financial disclosure is not about distrust; it is about fairness. Both parties should enter settlement negotiations with equal access to information. This transparency creates a foundation for equitable division and helps you move forward with confidence.
Your financial future depends on the decisions you make today. By prioritizing complete financial disclosure, you are taking an important step toward protecting your interests and securing the settlement you deserve after your marriage ends.]]>On Behalf of Beverly L. Brennan, P.A.<![CDATA[How do courts divide property in other states during a divorce?]]>https://www.brennanfamilylaw.com/?p=504562026-06-23T15:06:27Z2026-06-23T15:06:27ZDoes Florida have jurisdiction over out-of-state property?
Florida courts can divide marital property – which generally refers to the assets you acquire in marriage – even if it is located in another state. This power comes from the court's jurisdiction over the people involved in the divorce rather than the property itself. When you file for divorce in Florida, the court can issue orders dividing all marital assets, regardless of where those assets are physically located.
However, there is an important distinction to understand. Florida courts can divide out-of-state property, but they cannot directly transfer real estate titles in other states. Instead, the court may order one spouse to sign documents that transfer ownership. You might need to work with attorneys or title companies in the state where the property is located to complete the actual transfer.
How does Florida divide marital property?
Florida follows the equitable distribution model. This means the court divides marital property fairly, but not always equally. If you own property in another state, the court still uses Florida law. It decides what is marital property and what belongs to each spouse. The property’s location does not change whether it is considered marital or separate.
You may want to consider gathering documentation about all your out-of-state assets, including purchase dates, current values and how the property was acquired. This information helps the court understand the full picture of your marital estate.
What are your options?
When dealing with property in other states, you have several approaches you might want to explore. One option is negotiating a settlement agreement with your spouse that addresses how out-of-state assets will be divided. This can often be simpler than having a court make these decisions for you, and it may give you more control over the outcome.
You may also sell the property and split the proceeds. This approach can simplify the division process and avoid complications with transferring titles across state lines. However, you should think about potential tax implications and market conditions before deciding to sell.
Alternatively, one spouse can keep the property while the other receives assets of equal value. This arrangement may work well if one spouse has a strong personal connection to the property or if dividing other assets can balance out the value fairly.
Your knowledge can protect your interests
Understanding how Florida courts divide out-of-state property helps you make better decisions during divorce. By gathering financial records and evaluating your options, you can approach property division with greater confidence. Careful preparation gives you more control over the process and helps you work toward a fair resolution that supports your interests.
]]>On Behalf of Beverly L. Brennan, P.A.<![CDATA[Can DCF take your child for not vaccinating in Florida?]]>https://www.brennanfamilylaw.com/?p=504522026-06-16T12:03:35Z2026-06-16T11:59:46ZParents have to make many choices for their children, including which vaccines their children should receive – if any. Unfortunately, the controversies surrounding vaccines keep growing, and many parents worry about whether refusal to vaccinate a child could result in intervention by the Florida Department of Children and Families (DCF). In most cases, the answer is no.
Florida law recognizes both medical and religious exemptions to vaccination requirements, and refusing routine childhood vaccinations alone is unlikely to result in a juvenile dependency case. However, parents should understand that there are situations where concerns about a child's medical care can attract the attention of DCF and the courts.
Is refusing to vaccinate considered medical neglect?
Dependency cases are designed to protect children who have been abused, abandoned or neglected. The focus of a dependency case is not whether a parent has made a controversial decision. Instead, the court looks at whether a child is facing a substantial risk of harm. That distinction is important when discussing vaccination decisions.Because Florida permits medical and religious exemptions, a parent's decision not to vaccinate a child does not automatically amount to medical neglect. The existence of those exemptions reflects the state's recognition that parents have the right to make many healthcare decisions on behalf of their children.That being said, if a child has a serious medical condition, faces a heightened health risk or is being denied other necessary medical treatment, a court may consider vaccination decisions as part of a broader inquiry into the child's welfare.
What happens when co-parents disagree?
Vaccination disputes often arise in divorced or separated families. One parent may want a child vaccinated while the other objects. Each may have an equally intense belief that they are protecting their children.When parents share parental responsibility, neither parent automatically has the final say about vaccines. If they cannot reach an agreement, the issue may end up before a family court judge – particularly when there is no “middle ground” on an issue, like with vaccines. The court will typically evaluate the child's best interests and may consider the child's medical history, the recommendations of health care providers and the specific facts of the case.It is important to understand that a disagreement between parents over vaccinations is usually a family law issue, not a dependency issue. Courts routinely resolve disputes over education, health care and other important decisions involving children.
When could DCF become involved?
DCF is generally more likely to become involved when concerns extend beyond vaccinations alone. For example, a child may be suffering from a serious illness that is not being treated, or a parent may be refusing medical care that doctors believe is necessary to prevent significant harm.In those situations, vaccination decisions could become one factor among many that have to be considered. The key question is whether the child is being placed at substantial risk, not whether the parent has chosen to decline routine vaccinations.If you are concerned about your right to make decisions for your child and fear DCF involvement, or you and your co-parent are at odds over a child’s medical care, it may be time to speak with an experienced attorney.]]>On Behalf of Beverly L. Brennan, P.A.<![CDATA[Do you have a say in who your co-parent introduces to your children?]]>https://www.brennanfamilylaw.com/?p=504492026-06-05T03:25:16Z2026-06-05T03:25:16ZYou may accept that your former spouse or co-parent is entitled to a personal life and will start dating again, but you may feel very differently about your children becoming involved in that process. You may not like the idea of your co-parent exposing your children to a revolving array of their short-lived relationships – but what can you do about it?
One possible tool is a morality clause in your parenting plan.
What is a morality clause?
A morality clause is a provision in a parenting plan that addresses how a parent's romantic relationships may affect the children. Typically, a morality clause restricts each parent's ability to have romantic partners stay overnight when the children are present or live in the home with the children until they’re married. In some cases, it may also limit when a new partner may be introduced to the children at all. The purpose of these clauses is not to control a parent's personal life but to make sure the children are protected from unstable environments (or unstable people).
Are morality clauses enforceable in Florida?
Florida courts generally give each parent significant freedom to make personal decisions during their parenting time. If you are seeking a morality clause, it is important to understand that Florida courts make decisions based on the best interests of the child. A court is unlikely to impose restrictions simply because you disapprove of your co-parent's dating choices or believe they move into new relationships too quickly.On the other hand, parents are generally free to agree to such terms on their own. If you want a morality clause in your parenting plan – and your ex is willing to abide by one – the court may be willing to approve it, so long as it isn’t too restrictive.It’s important to remember, however, that – once agreed upon and made part of the court-ordered parenting plan – a morality clause has weight. If either parent violates it, that could be cause for the other to seek (and obtain) a modification of parenting time.
Focus on what is best for your child
Disagreements about new romantic relationships are common after a divorce or separation. While morality clauses can sometimes provide a way to address legitimate concerns, they are not intended to give one parent control over the other parent's dating life.If you are concerned about the people your co-parent is bringing around your children, it may be helpful to speak with a family law attorney about your options. Every situation is different, and the specific facts matter. Ultimately, Florida courts will focus on what arrangement best serves the interests and well-being of your child.]]>On Behalf of Beverly L. Brennan, P.A.<![CDATA[What happens to frozen embryos during divorce?]]>https://www.brennanfamilylaw.com/?p=504472026-05-28T14:19:42Z2026-05-28T14:19:42ZWhy frozen embryo disputes happen
Disputes about frozen embryos usually begin when both people no longer want the same result after the relationship ends. One person may still want the chance to have biological children. The other person may not want future parental responsibilities connected to the embryos.
These disputes may involve situations such as:
Preserving the chance for biological parenthood
Opposing parenthood after divorce
Reading IVF documents in different ways
Facing fertility limits tied to age or health conditions
The outcome can depend on prior IVF records and the medical circumstances involved. Courts may also review how the embryos were created, stored and discussed during treatment.
What courts may review during these cases
If a dispute reaches court, judges will usually begin by reviewing documents signed during fertility treatment. IVF clinics commonly require consent forms that explain what may happen to unused embryos if divorce or separation occurs later. Courts may review several factors before making a decision, including:
Signed documents related to the embryos
Objections to future parenthood
Fertility options available to each person
Options for storage, donation or destruction
Fertility clinic records tied to the embryos
Florida law does not provide one rule for every frozen embryo dispute during divorce. Courts may instead review contracts along with privacy and reproductive rights raised by both parties.
Why advance agreements can affect future disputes
Many fertility clinics ask patients to decide in advance what should happen to unused embryos if divorce, death or separation later occurs. Those documents may later become part of a court dispute.
The wording in fertility clinic records can affect how courts review the case. Some documents discuss future use of embryos. Others address storage, donation or destruction after separation. Courts may also review whether both people signed the documents knowingly and voluntarily.
These disputes can involve difficult personal decisions
Frozen embryo disputes can affect your future family plans, reproductive choices and personal relationships long after the divorce ends. These cases may involve emotional, medical and ethical concerns at the same time.
If frozen embryos become part of your divorce, courts may review IVF records, medical circumstances and the positions of both parties before reaching a decision. Many people spend time gathering fertility records and reviewing prior agreements before the case moves further through the court process.
]]>On Behalf of Beverly L. Brennan, P.A.<![CDATA[Can you still get alimony in Florida in 2026?]]>https://www.brennanfamilylaw.com/?p=504462026-05-21T20:07:34Z2026-05-21T20:07:34ZFlorida’s alimony laws changed significantly in recent years, so the rules about when spousal support can be received (along with how much and for how long) are unfamiliar to most people.
Alimony still exists in Florida, but the state eliminated permanent alimony for all new cases with the passage of major reform legislation in 2023. If you’re getting divorced and there’s a significant difference between your income and your spouse’s, understanding the current rules can be critical to effective negotiation or when merely evaluating your post-divorce financial picture.
Permanent alimony is gone, but other options exist
In 2023, Florida passed major alimony reform legislation that eliminated permanent alimony for new divorce cases moving forward. Before the law changed, permanent alimony could continue indefinitely, absent any major life changes. The revised law was designed to move Florida toward the system in other states, where the focus is on transitional support and eventual self-sufficiency for dependent spouses.Under Florida Statute § 61.08, the courts may still award several forms of support, including:
Temporary alimony may be awarded while the divorce is pending. This type of support is intended to help meet the needs of a dependent spouse during the litigation process itself and stop the more affluent spouse from weaponizing litigation.
Bridge-the-gap alimony is short-term support designed to help a spouse adjust from dependency within the marriage to financial self-sufficiency. Florida law limits this type of support to no more than two years and it is not modifiable.
Rehabilitative alimony may be awarded when a dependent spouse needs more education, training or work experience to become financially independent. The courts generally require a specific rehabilitative plan outlining how the spouse intends to reach that goal to award this type of alimony. It can last a maximum of five years.
Durational alimony has become one of the most important forms of support under the revised law. Rather than lasting indefinitely, durational alimony provides financial assistance for a defined period.
How long can durational alimony last?
Florida law now places limits on how long durational alimony may continue based largely on the length of the marriage. Generally speaking:
Dependent spouses in short-term marriages, defined as under 10 years in duration, may qualify for support lasting up to 50% of the length of their marriage.
Dependent spouses in moderate-term marriages, defined as those that lasted 10 to 20 years, may qualify for support lasting up to 60% of the length of the marriage
Dependent spouses in long-term marriages, defined as those over 20 years in duration, may qualify for support lasting up to 75% of the length of the marriage
The courts may deviate from those limits only in exceptional circumstances. The law also limits the amount of durational alimony to 35% of the difference between the parties’ net incomes.Even though permanent alimony is gone, courts still evaluate several important factors when deciding whether support should be awarded. The court must still determine both the dependent spouse’s financial need and the other spouse’s ability to pay before awarding alimony.Florida’s revised alimony rules have changed the way many divorce cases are negotiated and litigated. For some, the new law creates more predictability. For others, especially spouses who spent years outside the workforce raising children or supporting a partner’s career, the elimination of permanent alimony may create additional financial uncertainty. An experienced family law attorney can help you understand more about your situation.]]>On Behalf of Beverly L. Brennan, P.A.<![CDATA[Can divorce put your family business at risk?]]>https://www.brennanfamilylaw.com/?p=504432026-05-12T16:06:50Z2026-05-12T16:06:50ZA family business can feel separate from the marriage because one spouse runs it every day. In a Florida divorce, though, ownership, business income and company growth may all become part of the financial picture.
That does not always mean a spouse will lose the business. It does mean the company may need careful review before anyone agrees to a settlement.
Why the business may be part of the divorce
Florida uses equitable distribution, which means the court divides marital assets and debts in a way that is fair. The Florida equitable distribution statute says courts start with the idea that marital property should be divided equally, unless certain facts justify a different split.A business may raise hard questions because ownership is not the only issue. A spouse may have started the company before marriage, grown it during marriage or used marital money to support it. Even when one spouse owns the company, part of its value may still be marital.For example, if the business grew because of either spouse’s work during the marriage, that increase in value may be subject to distribution. If marital funds paid business debts, bought equipment or covered payroll during a slow season, those facts may also affect the court’s dividing of marital property.
What can make business division complicated
A business is not like a savings account. You cannot always divide it neatly without harming its value or daily operations. That is why valuation often becomes one of the most important issues in a high-asset divorce.Several financial details may need review, including:
Business income and owner compensation
Company debts and available cash flow
Equipment, inventory and real estate
Customer lists, contracts and goodwill
Tax records and financial statements
Any buy-sell or operating agreement
These records can help show what the business is worth, whether the reported income is accurate and whether the company can keep operating after divorce.
Will the business have to be sold?
A sale is not the only option. In many cases, one spouse keeps the business while the other receives different marital assets or structured payments over time. In other cases, the spouses may dispute the value, the income it produces or whether one spouse is using the company to hide money.The right path depends on the facts. A small professional practice, restaurant, real estate company and family-owned service business may each require a different solution.
Protecting the business and your future
Business owners often want two things during divorce: a fair financial result and a company that survives the process. Both require accurate records. Tax returns, profit-and-loss statements, loan documents, payroll reports and ownership agreements can help separate assumptions from evidence.A divorce does not have to destroy a family business. But ignoring the issue, guessing at value or rushing into an agreement can create long-term financial problems. The clearer the business picture becomes, the easier it is to make informed decisions about the company and life after divorce.]]>On Behalf of Beverly L. Brennan, P.A.<![CDATA[When can Florida’s equal parenting time rule be rebutted?]]>https://www.brennanfamilylaw.com/?p=504422026-05-07T19:52:03Z2026-05-07T19:52:03ZFlorida is among the states that have recently revamped its child custody laws to create a little more gender equality for parents. Under Florida Statute § 61.13, the courts now start with the assumption that giving parents roughly equal time with their children is always to the children’s benefit. However, this is a rebuttable presumption. That creates room to “move the needle” in a custody battle if one parent can prove to the court’s satisfaction that equal time would not be in a child’s best interest. Every case must be evaluated for its unique facts, but here are some situations that may meet the court’s criteria:
Domestic violence, abuse or neglect
Domestic violence, abuse and neglect are among the most common reasons equal parenting time is contested. This includes domestic violence that is directed at others in the home, not just the child, especially if incidents have occurred in the child’s presence.
Serious co-parenting conflicts
Most parents make an effort to put their personal grievances aside and work together for the sake of their children – but not everybody does. A parent may lose equal physical or legal custody when they:
Repeatedly violate court orders
Refuse to communicate about the child with the other parent
Involve the child in the conflict between the adults
Judges place a lot of significance on each parent’s willingness to support the child’s relationship with their other parent, too, so a parent’s attempts to undermine that relationship can be very impactful.
Inconsistent involvement
It never plays well before the court when a parent cannot show regular involvement in their child’s life. The court may decrease a parent’s custody when it is demonstrated that they have not participated in the child’s education, medical care or socialization. A parent who does not know their child’s regular routine or needs may face additional challenges if they want equal timesharing immediately. Geographical issues can also come into play. If a co-parent has moved far away or travels frequently, a 50/50 custody arrangement could be unnecessarily stressful for the child.
Mental health or substance abuse issues
Mental health conditions or substance abuse issues do not automatically prevent a parent from shared custody, especially if they are under control. However, courts may evaluate whether untreated conditions affect parenting ability or place the child at risk. Evidence that the parent has questionable or impaired judgment, unstable housing or has failed to comply with treatment can be important in custody proceedings. Although Florida law now favors equal timesharing in many cases, the child’s best interests remain the controlling standard. Concerned parents can benefit from an attorney’s involvement in any custody case where shared parenting may not be ideal.]]>On Behalf of Beverly L. Brennan, P.A.<![CDATA[When neither parent is biological, who gets custody?]]>https://www.brennanfamilylaw.com/?p=504402026-04-29T15:58:05Z2026-04-29T15:58:05ZWhat matters legally
When biology is not part of the picture, the court will rely on formal legal markers to determine parental rights:
Reviewing adoption orders or prior parentage determinations
Relying on official legal records rather than caregiving roles
Recognizing both parents when each has completed a valid adoption
Limiting parental rights when one party lacks legal status
Disregarding informal agreements that were never formalized
Even when you have shared every aspect of parenting, the law still requires formal recognition before it will treat you as equal parents.
When legal parentage is unequal or unclear
In some families, both parents do not complete the same legal steps. One parent may finalize an adoption while the other does not. In other situations, neither parent secures a formal legal relationship with the child. When that happens, the court will not treat both parties as legal parents at the outset.
If you do not have legal parent status, you may first need to establish that status before you can ask the court to address custody or time-sharing. Until that issue is resolved, the court will focus on whether you have enforceable parental rights, rather than how parenting time should be structured.
If both of you have legal parent status, the court will then turn to a more familiar analysis. It will decide what arrangement serves your child’s best interests by looking at factors such as daily routines, each parent’s involvement and the ability to meet the child’s needs.
When family changes, your next steps matter
When neither parent is biologically related to the child, legal status will guide the outcome. Courts rely on formal recognition, not just lived experience, when making decisions about custody and parental rights.
If your family situation is changing, it is worth taking a closer look at your legal standing. The steps you take now can help protect your relationship with your child and reduce the risk of conflict later on.
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