An attorney is not required in Florida child custody cases but can be very helpful. A Tampa family law attorney can help navigate your case through the court system and advocate on your behalf. If litigation is required, the judge will decide the case based on the children’s best interests.
How does divorce work in Florida with kids?
Florida divorce law requires Shared Parental Responsibility. This means that even though the child may live with one parent, the other parent has equal say in raising the child. Each party must be consulted on the education, health, religion, and discipline of the child.
Can a 12 year old decide which parent to live with in Florida?
In Florida, the age a child can choose a parent to live with will depend on the child’s overall maturity. Unlike other states, in Florida, there is no particular age when courts must consider a child’s preference. Instead, a judge will decide whether: the child is intelligent enough to make a choice.
At what age in Florida can a child decide not to see a parent?
To be clear, there is no age at which a minor child can entirely refuse visitation if the court has determined that parents should both have custody, or time-sharing, with the child. Once the child turns 18, the child can refuse to see the other parent.
Is Florida a 50/50 child custody state?
Florida is a 50/50 custody state because it emphasizes the importance of a child’s access to both parents after a divorce. However, no Florida law exists that mandates parents split parenting time equally when they share joint custody. Parents will only split time equally if they have 50/50 custody.
What rights do fathers have in Florida?
In Florida an unmarried father has no legal rights to custody or timesharing until paternity is established. Until paternity is legally established with the courts, the mother has sole, legal and physical custody of the child or children.
Who gets the house in a divorce with children in Florida?
How is property divided in a divorce? Under Florida divorce law, all marital property is subject to equitable distribution. Typically, the court will divide marital property 50/50, unless there are reasons why an equal split would be inequitable (unfair).
Is child support required in divorce Florida?
In most cases, child support is mandatory in Florida. The purpose of child support is to make sure that both parents are still financially responsible for the child, even after a divorce.
How much does a divorce cost in Florida with child?
The average cost of divorce in Florida is $13,500 without children or $20,300 with children, according to USA Today. However, the actual cost of a divorce in Florida can vary by tens of thousands of dollars based on the type of issues involved in the case and how those issues are resolved.
Is Florida a pro Mom state?
Many fathers assume that Florida courts automatically favor the mother when awarding child custody. However, Florida courts cannot make custody decisions based on gender.
What do judges look for in child custody cases?
The most basic part of the “best interests” standard is that custody decisions should serve the children’s health, safety, and welfare. Judges will look at whether one or both parents are able to handle a child’s special educational, medical, mental health, and other needs.
What are the 12 best interest factors child custody?
- Parental fitness.
- Who has been the child’s primary caretaker.
- Parents’ histories of crime, violence or substance abuse.
- The parent-child relationship.
- The child’s age.
- Ensuring stability in the child’s life.
- The child’s physical and mental health needs.
Does Florida favor mothers?
Myth #2- Florida courts favor mothers. Florida courts do not prefer the mother over the father or vice versa. Instead, these judges decide cases based on parents’ ability to support the child’s best interests.
What makes a parent unfit in Florida?
In Florida, there are several things that may make a parent unfit. According to Florida Statute 751.05, in order for a parent to be found unfit, they must have abused, neglected, or abandoned the child. A parent may also be found “unfit” if they have a recent or long-standing history of drug abuse or mental illness.
When can you deny visitation to the non custodial parent Florida?
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.
What is Florida law on alimony?
61.08 Alimony.— (1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony.
What determines child custody in Florida?
Florida’s custody laws require a judge to assess each parent’s moral fitness of a parent when determining the best interests of a child.
How much is child support in Florida?
Florida. If monthly income exceeds $10,000, child support is calculated by multiplying the amount of income over $10,000 by a percentage based on the number of children. For this, one child is 5%, two is 7.5%, three is 9.5%, four is 11%, five is 12%, and six is 12.5%.
Can a father take a child away from the mother in Florida?
If there is no court order which names someone else as the legal guardian, the natural mother is the only legal guardian of the child. The father cannot attempt to take the child without first obtaining a court order. If the father attempts to do so, the mother should call the police.
Can a mother move a child away from the father Florida?
Yes, under Florida Statute 61.13001, approval from the other parent or the court may be required before relocating with a child. If a parent objects to the relocation, the judge will decide the case based on the best interests of the child.
Can a mother deny a father access?
Unfortunately, it is quite common for mothers to stop a father’s access to a child merely by refusing to let them see them. However, fathers do not often recognise that they have the same rights as mothers. This means in terms of child contact that they are entitled to have access to the child as much as the mother is.
Does length of marriage affect divorce settlement in Florida?
However, Florida is governed by equitable distribution law. Under this law, marital property is divided fairly, which does not always mean equally. Neither spouse is ever guaranteed to receive half of the marital property during divorce in the Sunshine State, regardless of how long the couple has been married.
Is Florida an alimony state?
Yes, Florida is a state where one may be required to pay alimony. Florida is one of the few states that offers bridge-the-gap alimony, which helps the oblige/recipient spouse meeting legitimate short-term needs while transitioning from married life to single life.
Does it matter who files for divorce first in Florida?
“Since Florida is a no-fault divorce state, it does not matter which of the spouses files for divorce first,” says our experienced divorce attorney Fort Lauderdale. “When divorce papers are filed, neither party has a legal obligation to provide a cause of the dissolution of marriage.”
How much is child support in Florida per month?
The basic child support amount for a single child in Florida is $74 where the supporting parent earns a minimum wage/salary of $650.