Family Focus Podcast
by Bonilla Law
Explore our complete collection of family law podcast episodes, where we break down the legal issues that matter most to families. From divorce, child custody, and support to property division, mediation, and court procedures, each episode provides clear, practical insights to help you better understand your rights and options. Whether you’re navigating a current case or simply looking to stay informed, our podcast library offers trusted guidance and real-world perspectives from experienced family law professionals.
Family Focus Episode 4: Establishing Paternity
Establishing paternity in Florida means legally identifying a child’s father—and it is not always as straightforward as biology. The first and strongest presumption of paternity arises through marriage. If a child is born during a marriage, the husband is presumed to be the legal father—even if he is not the biological father. Florida law prioritizes the child’s stability and legitimacy, which means disestablishing paternity in this scenario can be difficult unless another man is prepared to step in and assume legal responsibility. Courts focus on protecting the child’s rights, not the perceived fairness between adults. If the parents are not married, paternity can be established in several ways: by signing a DH-432 Acknowledgment of Paternity form, through an administrative process with the Florida Department of Revenue, or by filing a petition in court under Chapter 742 of the Florida Statutes. Signing a birth certificate alone does not legally establish paternity, although it may create a presumption. A man who signs a voluntary acknowledgment generally has 60 days to rescind it. If paternity is disputed, the court can order DNA testing. Once biological and legal paternity are established, the father may be obligated to pay child support—even if he chooses not to exercise time-sharing. These cases can become particularly complex when multiple potential fathers are involved, especially if the mother was married at the time of the child’s birth. A biological father may have to overcome the legal presumption favoring the husband, and court proceedings can be costly and emotionally charged. Because paternity affects child support, parental responsibility, and time-sharing rights, it is critical to seek legal guidance before signing any documents or contesting fatherhood.
Family Focus Episode 3: Post-Divorce Settlement Options
If you are unhappy with your divorce settlement months or years later, your options depend on what type of agreement you want to change. A marital settlement agreement (MSA)—which resolves division of assets, liabilities, and potentially alimony—is treated as a binding contract in Florida. Courts strongly favor enforcing contracts, meaning you generally cannot modify an agreement simply because you regret the terms. To reopen an MSA, you must show newly discovered concealed assets, fraud, coercion, or duress at the time the agreement was signed. Parenting plans, however, operate under a different legal standard. Modifications require proof of a substantial, material, and unanticipated change in circumstances that affects the best interests of the child. Examples may include relocation, significant changes in a child’s needs, or evidence that the current arrangement is harming the child. Courts focus heavily on the child’s welfare rather than a parent’s dissatisfaction. While parenting plans can be modified more readily than financial settlements, they still require strong legal justification.
Family Focus Episode 2: Greyson's Law - Legislative Update
Greyson’s Law, effective July 1, was enacted in response to a tragic murder-suicide involving four-year-old Greyson Kessler. The law strengthens protections for children and parents facing threats of domestic violence. Previously, courts were required to consider domestic violence in custody and time-sharing determinations, but the statute lacked specificity. Greyson’s Law expands judicial authority by requiring courts to consider patterns of abusive, threatening, intimidating, or controlling behavior—even if the threats were directed primarily at the other parent rather than the child. Under the updated law, courts must evaluate whether a parent has reasonable cause to believe they or their child are in imminent danger of domestic violence. This applies in both domestic violence injunction proceedings and family court cases involving parenting plans. The law gives judges clearer statutory guidance to assess coercive control, emotional abuse, and escalating threatening behavior when determining time-sharing and parental responsibility. While evidence is still required and credibility remains crucial, Greyson’s Law provides a stronger legal mechanism to prioritize child safety when warning signs emerge.
Family Focus Episode 1: Mandatory Disclosure
If you are filing for divorce in Florida, mandatory financial disclosure is not optional—it is required under the Florida Family Law Rules of Procedure. Mandatory disclosure is a structured exchange of financial documents designed to provide a clear snapshot of both parties’ income, expenses, assets, and liabilities at the time of filing. This includes bank statements (typically 12 months), proof of income (six months), tax returns, retirement account statements, credit reports, child support or alimony orders, and a signed financial affidavit detailing monthly income and expenses. The purpose of mandatory disclosure is to ensure transparency before dividing marital property and determining alimony or child support. The date of filing becomes a critical reference point in identifying what is considered marital versus non-marital property. For example, inheritances are generally classified as non-marital assets—unless they are commingled with marital funds. Full compliance is essential because failure to provide accurate disclosure can result in court-imposed sanctions, including payment of the other party’s attorney’s fees. Divorce settlements rely heavily on these disclosures, and incomplete or delayed production can significantly impact negotiation strategy and outcomes.