Frequently Asked Questions

How is child custody determined in Florida?

Florida courts use the term “time-sharing” instead of custody. The best interests of the child are the primary consideration when deciding time-sharing and parenting plans. This can involve examining factors like the parents’ moral fitness, the child’s home, school, and community record, and the willingness of each parent to facilitate a close and continuing parent-child relationship.

How is child support calculated in Florida?

Child support in Florida is calculated using an income shares model, which factors in both parents’ incomes, the number of children, healthcare and daycare costs, and the amount of time the child spends with each parent.

Can I modify my child support or custody agreement?

Yes, but only under certain circumstances. In Florida, you need to show a substantial, material, and unanticipated change in circumstances to modify an existing child support or custody order. This might include significant changes in income, relocation, or changes in the child’s needs.

How does alimony work in Florida?

Florida courts may grant alimony to either spouse. Factors considered include the standard of living during the marriage, the length of the marriage, the age and the physical and emotional condition of both parties, and the financial resources of both parties. The purpose of alimony is to prevent any unfair economic consequences of a divorce.

How does property division work in Florida?

Florida is an equitable distribution state, which means that marital property is divided equitably, but not necessarily equally. Courts consider factors such as each spouse’s contribution to the marriage, the economic circumstances of each spouse, and the duration of the marriage.

What is a prenuptial agreement and is it enforceable in Florida?

A prenuptial agreement is a contract entered into by a couple before they get married, outlining the disposition of assets in the event of divorce or death. In Florida, prenuptial agreements are generally enforceable as long as they were entered into freely, without duress, and with full disclosure of assets.

How does adoption work in Florida?

Adoption in Florida requires a legal process in which parental rights are transferred from the biological parents to the adoptive parents. Prospective parents must pass a home study, which includes interviews, background checks, and a home inspection. The process can vary depending on whether the adoption is domestic or international, private or through the state, etc.

Do I need a lawyer for a family law case?

While you are allowed to represent yourself in a family law case, it can be beneficial to have a lawyer. Family law can be complex and emotionally charged, and a lawyer can help ensure that your rights are protected and that all necessary procedures are followed.