Wood Law Firm Wood Law Firm 2026-11-02T22:04:29Z https://www.woodlawfl.com/feed/atom/ WordPress /wp-content/uploads/sites/1404915/2020/01/cropped-site-icon-32x32.png On Behalf of Wood Law Firm <![CDATA[Making changes when your Florida parenting plan no longer fits]]> https://www.woodlawfl.com/?p=49855 2026-11-02T22:04:29Z 2026-11-02T18:36:13Z Defining a major shift in circumstances To change a custody order, Florida law requires you to prove a significant and unanticipated change in circumstances. In plain language, this means that the existing plan no longer represents the reality of of the child's needs or parents' capabilities. Some examples include:
  • A parent relocating more than 50 miles away for a new career
  • Evidence of untreated substance abuse or domestic violence in the home
  • A significant and permanent decline in a parent’s mental or physical health
Simple lifestyle changes or a child’s temporary preference usually fall short of the legal threshold.

Gathering the right proof for court

At a modification hearing, the judge needs more than just your word. They look for objective evidence that shows why the current setup is no longer in the child's best interests. This often includes school attendance records, medical files or testimony from neutral third parties like teachers.

Time versus decision-making responsibilities

It is helpful to distinguish between modifying time-sharing and modifying parental responsibility. Changing time-sharing involves adjusting the calendar and where the child sleeps. Modifying parental responsibility is about who makes major life decisions regarding healthcare, education, and religion. Florida generally prefers that parents share these responsibilities unless one parent is proven unfit to make safe choices.

Special rules for those who serve

Military life brings unique challenges that Florida law specifically addresses. Under Florida Statutes, a parent’s deployment or permanent change of station (PCS) orders can qualify as a reason to seek a modification. These changes are often handled with temporary orders to ensure the child is cared for while the parent is away, without permanently stripping the service member of their parental rights. Seeking a modification requires preparation and a clear focus on the child's best interests. Having the right documentation, legal support and an understanding of the legal standards allows you to make informed decisions.]]> On Behalf of Wood Law Firm <![CDATA[Military PCS orders and child custody: What Florida parents need to know]]> https://www.woodlawfl.com/?p=49813 2026-06-11T08:59:01Z 2026-06-11T08:46:14Z life often involves sudden moves that can disrupt your parenting plan and daily routine. When you receive permanent change of station (PCS) orders, you may need to balance military duties with your existing custody arrangement. In Florida, courts usually focus on your child’s stability and relationships when relocation is involved.

Understanding PCS orders and custody in Florida

If PCS orders require a move, you may need to review your parenting plan right away. Florida courts look at how the move could affect your child’s school, routine, emotions and time with both parents. Under Florida law, a parent usually must follow a legal process when moving a child more than 50 miles away for at least 60 days or longer. Military orders can make timing urgent, but they do not remove the need to update custody through court approval or agreement. In many cases, courts may consider:
  • How the move affects the child’s daily routine and school
  • How each parent supports a strong relationship with the child
  • The reason for the move and military PCS needs
  • The distance between homes and how it affects parenting time
These factors can matter differently depending on the family.

Managing Florida relocation rules and your plan

If you live near a base like Eglin Air Force Base, PCS orders can quickly change your schedule. Florida law often requires written notice before relocation and may require court approval if one parent objects. Even if both parents agree, you may still need to update the parenting plan. In many military relocation, parents may consider options such as:
  • Adjusted holiday and summer schedules to account for travel
  • Virtual visits to help maintain regular contact
  • Shared travel plans to reduce stress for the child
These options usually depend on cooperation and distance.

Balancing duty and parenting responsibilities

PCS orders can make custody arrangements more difficult, but Florida law may allow changes that balance military duties with the child’s needs. When reviewing a parenting plan, it helps to focus on how changes affect the child’s routine, stability and relationship with both parents. Courts usually decide based on the specific facts of each case.]]> On Behalf of Wood Law Firm <![CDATA[5 situations that may make a Florida custody modification necessary]]> https://www.woodlawfl.com/?p=49784 2026-09-10T09:49:44Z 2026-04-12T11:33:33Z best interests of the children, not the desires of the parents. Those requesting a modification without the support of a co-parent generally need proof of a substantial change in circumstances, such as the five situations below.

1. A relocation or move-away scenario

If one parent intends to move 50 miles or more from their current residence or out of Florida, a modification of the custody order is likely necessary. They must provide advance notice and show that the move is for a reason that is ultimately beneficial to the children.

2. A significant change in schedules

Perhaps a child who has struggled academically must attend a different school because of their grades, or maybe one parent has accepted a new job. When there is a significant change in the schedules of family members, that may necessitate a revision of the time-sharing arrangements for the family.

3. Concerns of abuse or neglect

When one parent has documentation that the other does not properly meet the children's needs or has intentionally abused them, the courts can intervene. Reducing parenting time, ordering parenting classes and even arranging for supervised visitation are all viable modifications in that situation.

4. A change in family dynamics

If one parent remarries or has another child, that significant change to the primary family unit can impact what custody arrangements are best for the children. Additionally, a change in the dynamic between certain siblings or between the children and one parent could also warrant a modification request.

5. Health challenges

If one parent develops a serious medical condition, such as aggressive cancer, their medical limitations and treatment needs could render them incapable of meeting their parental obligations. If the children have new medical needs, one parent may be in a better position than the other to care for them. Typically, if either parent serves in the military, the parenting plan likely already includes provisions for deployment or training, but military-related modifications are also somewhat common. After any significant change in circumstance, updating one’s current custody order might be beneficial for the entire family. Working with an attorney can help parents pursue a post-decree custody modification accordingly.]]> On Behalf of Wood Law Firm <![CDATA[5 ways a military divorce differs from a civilian divorce]]> https://www.woodlawfl.com/?p=49588 2025-10-27T05:43:49Z 2025-10-27T05:43:49Z Divorce is hard for anyone but when one or both spouses serve in the military, extra rules and challenges come into play. From where to file to how benefits get split, a military divorce works differently in several ways. Here’s what to know if you’re divorcing in Florida.

Where to file

Military spouses often move which makes filing tricky. You can usually file in:
  • The service member’s legal residence
  • The state where they’re stationed
  • The non-military spouse’s home state
Each choice changes how the court divides property and pensions. Civilian couples file in the state where they live and meet standard residency rules.

Federal laws and protections

The Servicemembers Civil Relief Act (SCRA) shields active-duty members from unfair legal action while serving. Courts can pause cases if duty prevents attendance. Civilians don’t get these protections and must meet normal state deadlines.

Division of military benefits

The Uniformed Services Former Spouses’ Protection Act (USFSPA) controls how military retirement pay is split. Florida treats disposable retired pay as marital property. If a marriage overlaps 10 years of service, the Defense Finance and Accounting Service (DFAS) can pay the former spouse directly. The law also affects TRICARE and commissary benefits. Civilian divorces divide pensions or 401(k)s with a simpler state order called a QDRO.

Child custody challenges

Military parents handle challenges from deployments and relocations. Florida courts weigh schedules, travel and future moves when they decide custody. Judges often require parents to create a family care plan during deployments. Civilian cases focus more on stability and distance between homes.

Communication and deployment barriers

Deployments can delay court hearings and limit access to lawyers. Civilian couples rarely face these barriers.

Options to move forward

A military divorce is a blend of state and federal law — and navigating it alone can be overwhelming. Understanding your rights under the USFSPA, the SCRA and Florida divorce law is essential to protecting your financial and parental interests. If you or your spouse are serving in the military and considering divorce in Florida, it’s recommended to speak with a family law attorney experienced in military divorce. An attorney can help you determine where to file, how to divide benefits and how to plan for custody during deployments.]]> On Behalf of Wood Law Firm <![CDATA[Can an underage DUI affect your teenager’s future?]]> https://www.woodlawfl.com/?p=48814 2026-04-06T19:44:51Z 2025-09-11T11:46:33Z Receiving a call that your teenager has been charged with driving under the influence (DUI) is a parent's nightmare. Your immediate concern is for their safety and that no one was injured. However, your thoughts soon move on to other things, such as the immediate impact of a DUI charge and the long-term consequences of a conviction.

Zero tolerance law

Florida's justice system has a zero-tolerance approach regarding underage drinking and driving. For adults, the blood alcohol concentration (BAC) legal limit is 0.08%. For someone under the age of 21, having a BAC of 0.02% will result in a DUI. An underage DUI is not a minor traffic violation; it is a criminal offense. The financial burden can be substantial with fines and court fees. The judge may also require your teenager to attend DUI classes and perform several hours of community service. In addition, a DUI conviction will result in the suspension of their driver's license. If it's their first offense, the suspension will last at least six months. This loss of independence can impact their ability to get to school, work or extracurricular activities. If your teenager is applying for college, a DUI can be a major red flag for admissions officers. It can eliminate the possibility of attending highly competitive schools. A DUI also affects the financial package a school may offer. Many scholarships, especially those based on merit or character, require a clean record. A DUI can automatically disqualify a student from receiving financial aid they might have otherwise earned. The ripple effects of an underage DUI can be felt years later when your child goes to enter the workforce. Many employers conduct background checks as a standard part of the hiring process. A DUI conviction can limit job opportunities, particularly in certain fields such as law, education and jobs requiring a government security clearance. While you want your teen to experience accountability, you don't want them to be punished for the rest of their life for a minor in possession or underage DUI. You need to speak with a legal professional as soon as possible. They can help you and your teen navigate the court process and work to achieve the best possible outcome, potentially minimizing the long-term impact.]]> On Behalf of Wood Law Firm <![CDATA[Virtual visits can bridge the gap between in-person visits]]> https://www.woodlawfl.com/?p=48812 2026-09-10T09:49:57Z 2025-08-26T10:00:03Z Raising children when you aren’t in a relationship with their other parent is challenging, but it becomes even more difficult if you’re trying to do this under long-distance circumstances. There are many things to consider if you’re in this position. One of these is how to keep the parent-child relationship with both parents strong, despite the distance.  One way that you may be able to make this type of situation work is through virtual visits. These can happen in a variety of ways, such as phone calls, video chats or text messages. The key is to find options that help the parent and child connect even when they’re apart. These aren’t a substitute for in-person visits, but they can be used to bridge the gap between seeing each other face-to-face.

Focus on quality not quantity

The focus of interactions between the parent and child should be focused on the quality of that time. It’s not always easy to spend a lot of time together during virtual visits, particularly when time zone differences are a factor.  There aren’t many limits to what you can do during these virtual visits. Playing board games, reading a book, doing homework or watching a movie together are all activities that you can do together. Sometimes, doing the same craft at the same time or finding activities you both enjoy and doing those together, can be beneficial.  Having a parenting plan in place sets the standards for how you and your ex will work together to raise the children. When this arrangement is being handled over a long distance, the parenting plan is critical. It may be beneficial to work with someone familiar with these matters since each point in the plan must be set based on what’s best for the child’s needs.]]> On Behalf of Wood Law Firm <![CDATA[What can you do if your co-parent is not paying child support?]]> https://www.woodlawfl.com/?p=48810 2025-08-20T19:41:31Z 2025-08-20T19:41:31Z When a co-parent stops paying child support, it often contributes to a financial setback. Moreso, it represents a breach of trust and responsibility.  Whether the missed payments are sporadic or ongoing, the impact on your child’s well-being is real. Fortunately, there are steps you can take to protect your rights and ensure your child receives the support they’re entitled to.

Understand your child support order

Start by reviewing your child support agreement or court order. Make sure you know the exact terms, such as how much is owed, when payments are due and through what method they should be made. If your co-parent is violating a court-ordered obligation, you have legal grounds to take action.

Document missed payments

Begin keeping detailed records of all missed payments, including dates missed, amounts and any communication with your co-parent. This documentation can prove invaluable if you need to go to court or work with a child support enforcement agency.

Contact your local child support agency

Most states, including Florida, have child support compliance and enforcement offices that can help with unpaid support. They can initiate wage garnishment, intercept tax refunds, suspend licenses and even pursue contempt of court charges to address nonpayment.

Consider legal action

If enforcement efforts stall, consult a family law representative. They can help you file a motion for enforcement or contempt, which may result in penalties for the non-paying parent. In some cases, the court may also modify the support order to better reflect current circumstances.

Prioritize your child’s needs

While pursuing unpaid support, continue focusing on your child’s emotional and financial stability. Seek community resources if needed, and remind yourself that taking action isn’t just about money – it’s about accountability and your child's well-being.]]> On Behalf of Wood Law Firm <![CDATA[What penalties do minor in possession charges carry?]]> https://www.woodlawfl.com/?p=48806 2026-04-06T19:35:33Z 2025-08-07T00:14:55Z Prior offenses can worsen the penalties Florida has a graduated sentencing system that imposes more serious consequences on individuals who repeatedly violate the same statutes. Minors accused of possessing alcohol face the most lenient consequences after a first offense and harsher consequences after subsequent offenses. A minor in possession offense is a misdemeanor crime. The degree of the offense depends on the defendant's history. A first charge is usually a second-degree misdemeanor that carries up to six months of probation, 60 days in jail and up to $500 in fines. The accused young adult could lose their driver’s license for between six and 12 months. Any subsequent offense is a first-degree misdemeanor. The penalties could include up to a year in jail, a year of probation and $1,000 in fines. The driver’s license suspension imposed could last up to two years. The record of the offense can also impact a young adult’s educational prospects and ability to secure gainful employment. Juvenile defendants accused of alcohol crimes often need help understanding their circumstances and responding appropriately. Reviewing the details of a minor in possession charge with a criminal defense attorney could help diminish the lasting consequences of an underage alcohol offense.]]> On Behalf of Wood Law Firm <![CDATA[What happens to military BAH and BAS in a divorce?]]> https://www.woodlawfl.com/?p=48804 2025-08-05T15:18:36Z 2025-08-05T15:18:36Z Military divorces can be a little more complicated than other divorces – especially when it comes to finances. One of the biggest sources of confusion for both servicemembers and their ex-spouses is how military pay and benefits, especially the Basic Allowance for Housing (BAH) and the Basic Allowance for Subsistence (BAS) are handled. Here’s what you should know about how BAH and BAS affect support decisions if you or your spouse serves in the military and you are about to divorce:

The basics of BAH and BAS and support obligations

The Basic Allowance for Housing is a monetary allowance given to members of the armed forces for housing when they do not live in military housing. The BAH amount varies based on the service member’s location, rank and number of dependents. The Basic Allowance for Subsistence is a flat-rate monetary allowance that is designed to cover meals.  Although neither benefit is considered “taxable income" for the servicemember, they are both considered part of a servicemember’s total compensation – and they are typically counted when calculating how much child support (and possibly spousal support) a military member can pay or may be owed.  In general, support guidelines will look at a parent’s gross pay. For servicemembers, that includes their base pay, special duty pay, bonuses and their BAH and BAS allowances. When making decisions about how much a military member owes or is owed in child support, the courts will also likely consider additional factors, such as:
  • Whether the child or children live with the service member 
  • Whether the BAH is used to pay for the child’s home 
  • Whether the BAH rate changes after a custody decision 
It’s also important to understand that BAH is always awarded to the service member – not their spouse or ex-spouse. That means that an ex-spouse cannot directly receive the BAH with-dependents rate directly, even though the figure may be part of the calculations used to determine support obligations. 

What happens to support obligations when the BAH changes

Disruptions to family structure and life are the norm when it comes to a divorce, and situations can be fluid. Several military branches have interim support guidelines that must be followed while a divorce is pending – but the BAH can ultimately change once custody issues have been solidified.  If custody shifts and the child no longer resides with the service member, for example, the service member may lose entitlement to the dependent-rate BAH – although they may be entitled to a BAH-differential rate. The changes can ultimately trigger a modification to the child support that is paid or owed. What does this ultimately mean for service members and their spouses during a divorce? Regardless of whether you expect to pay or receive support, it’s essential to keep all your documentation regarding income and benefits, track any changes to the service member’s BAH and BAS status and work with an attorney who is familiar with military family law. Trying to navigate the complex financial issues alone can be unnecessarily stressful and disastrous. ]]> On Behalf of Wood Law Firm <![CDATA[Can you split up retirement benefits in a divorce?]]> https://www.woodlawfl.com/?p=48802 2025-07-23T15:08:55Z 2025-07-23T15:08:55Z Have you and your spouse been planning to retire together? For example, perhaps your spouse is earning significant retirement benefits from their employer. Rather than saving up for your own retirement, you have simply been planning to use those benefits when the two of you decide to retire at the same time. But that has gotten complicated because you and your spouse have decided to get a divorce. Will this mean that you lose all access to those retirement benefits, or can they be split up during property division? How do you protect your financial future?

You can use a QDRO

Often, you can split up retirement benefits using a Qualified Domestic Relations Order (QDRO). Naturally, your spouse is not receiving payments yet – since they are still working – but will be in the future. So the court will simply determine what percentage of those payments should go to you. The QDRO makes this official so that your spouse has to send you that percentage once they do retire and start receiving the benefits. As a general rule, the length of your marriage will be an important part of this calculation. You typically can only claim a percentage of the benefits that were earned during your marriage. So if your spouse continues to earn them after the divorce or earned some of the benefits before the two of you got married, you may receive less than 50% of the total retirement benefit. Every case is unique, and it may help to meet with experienced lawyers who can help you explore all of your legal options and your rights at this important time.  ]]>