Florida Divorce/Family Law. E-Book. A Simple Guide to Florida Divorce/Family Law. by: Florida Law Advisers, P.A.

Transcription

1 Florida Divorce/Family Law E-Book A Simple Guide to Florida Divorce/Family Law by: Florida Law Advisers, P.A. 1 Call: Web:

2 TABLE OF CONTENTS DIVORCE... 3 UNCONTESTED DIVORCE... 4 COLLABORATIVE DIVORCE... 5 MEDIATION... 6 MILITARY DIVORCE... 6 FLAT FEE DIVORCE... 7 PROPERTY DISTRIBUTION... 8 ALIMONY... 9 PRENUPTIAL AGREEMENT POSTNUPTIAL AGREEMENT CHILD CUSTODY PATERNITY CHILD RELOCATION GRANDPARENT S RIGHTS STEP-PARENT ADOPTION CHILD SUPPORT LIFE AFTER DIVORCE ENFORCEMENT OF COURT ORDERS CHILD CUSTODY AGREEMENT MODIFICATIONS ALIMONY AGREEMENT MODIFICATIONS CHILD SUPPORT MODIFICATIONS IMPORTANT DISCLAIMER Call: Web:

3 DIVORCE No one enters into a marriage with the expectation that it will end. However, people and circumstances change over time, and a once-thriving marriage may find itself in turmoil. When this occurs, moving on and dissolving the marriage by filing for divorce may be the couple s best option. However, filing for divorce should not be taken lightly; it can be a very stressful and emotionally draining experience for everyone involved. It is important that you don t go through this experience alone, and that you have a skilled, compassionate divorce attorney at your side. Florida is a no fault divorce state, which means that you do not have to prove one party is at fault for the marriage troubles. For example, a spouse does not have to provide any evidence of adultery or domestic violence to obtain a divorce in Florida, unlike some other states. The only requirements for obtaining a divorce is to be a Florida resident for at least six months prior to filing for divorce and that the marriage is irretrievably broken. Irretrievably broken is a legal term for saying that the marriage cannot be saved by counseling or other means. The requirements for divorce are minimal, however, the actual process of going through the divorce can be very complex. Florida divorce statutes and court rules must be strictly followed, because deviating from these rules can mean forfeiting many of your important rights. The divorce process can be especially difficult if there are children involved. The couple will have to resolve very important matters such as where the children will live, visitation rights, and child support payments. Resolving these issues can be very difficult. Often each spouse will have different views on what is best for the children. It is important to hire an experienced Tampa divorce attorney who can advocate your perspective and protect your legal rights. Alimony, property and debt division can also be difficult issues to resolve when ending a marriage. Florida divorce law requires that the assets of a couple be equitably distributed during a divorce. An equitable distribution does not require an even split. In equitable distribution, the court will consider the length of the marriage, the spouses contributions to the marriage, interruptions to the career or education of the spouses, and many other factors. Asset distribution in a Florida divorce can be very complex, with each party fighting for a larger share of the assets. It is important to have an aggressive Tampa divorce lawyer on your side to prevent an unfair distribution of your assets. We understand the delicate nature of a divorce and the need for compassionate, comprehensive legal support. The divorce lawyers at Florida Law Advisers, P.A. work closely with each client so that they can develop a sense of what to expect both during and after the divorce. We provide all of our clients with the individualized attention they need to make this experience as easy and smooth as possible. Regardless of whether you are filing for a contested, uncontested, or collaborative divorce, we can help. Every divorce is different, and our vast experience allows us to cater our services to each client s specific situation. Whether a couple mutually agrees to the terms of a divorce or are engaged in a fierce battle for their property and child custody rights, Florida Law Advisers, P.A. can help. If you are contemplating filing for divorce or if your spouse has already filed for divorce, contact us today to schedule a free consultation with one of our divorce attorneys in Tampa Bay. 3 Call: Web:

4 Uncontested Divorce If you and your spouse are able to agree on all of the terms of the divorce, you may want to consider filing for an uncontested divorce. An uncontested divorce covers all of the same issues as a contested divorce. However, in an uncontested divorce you and your spouse enter the legal proceedings with an agreement on the terms of the dissolution. An uncontested divorce is beneficial because it helps decrease the level of animosity that a contested divorce can create. In addition, the process of dissolving the marriage can be more efficient and far less expensive than a contested divorce. If you think an that uncontested divorce might be a good fit for your situation, contact us to speak with a Tampa divorce attorney at our firm. Our initial consultation is free, and we offer a low-cost flat fee option for clients interested in an uncontested divorce. Our low-cost flat fee divorce covers all attorney fees and all filing, copy, courier, and postage fees. To help ensure a smooth and timely divorce process, our professional team of divorce lawyers in Tampa will prepare and file all necessary documents on your behalf. We understand that the divorce process can be very taxing on your life and we want to provide you with low cost effective solutions for you and your family. The Uncontested Divorce Process If you and your spouse elect to file for an uncontested divorce a divorce lawyer at our firm will work closely with you to prepare a proposed marital settlement agreement. The settlement agreement will address all the issues in your divorce, such as the division of assets and debts, child custody, child support, and alimony. After the agreement is finalized and signed by both spouses a Tampa divorce lawyer at our firm will file the agreement with the court and schedule a hearing to finalize the divorce. Our professional legal team will work closely with you to ensure you are well informed and your legal rights are protected throughout the entire divorce process. Uncontested divorce proceedings are different than both mediation and collaborative divorce cases. In mediation there is a natural party that provides recommendations and helps spur negotiations. In collaborative and uncontested divorce cases a mediator is not involved. Instead, the couple and their attorneys will work together to provide solutions. There is usually much more cooperation between the parties in collaborative and uncontested divorces than there is in mediation. Furthermore, in uncontested divorce cases the couple is already in agreement on most of the divorce issues. An uncontested divorce lawyer simply helps ensure that all aspects of the divorce have been addressed and that all court procedures have been handled correctly. In a collaborative divorce, there is no existing agreement between the two parties, but the spouses are willing to work together to reach an agreement they can both agree on. 4 Call: Web:

5 Collaborative Divorce Collaborative divorce is when both parties work together to resolve their differences without the lengthy, costly, and combative process of divorce litigation. Collaborative divorce gives the parties more control over the divorce and allows them to customize the marital settlement to fit their specific needs. Rather than having a judge dictate the terms of the divorce, the parties work together to develop a comprehensive marital settlement agreement. If you and your spouse still have a friendly relationship you may want to consider a collaborative divorce, rather than the traditional contested divorce. Contact us today to speak with a Tampa divorce lawyer to learn more about collaborative divorce and other forms of marriage dissolution. The Collaborative Divorce Process: Collaborative divorce helps a couple preserve amicable relationships, avoid litigation, and maintain control over the divorce by negotiating the terms of the separation together. Before negotiations begin, both the couple and their attorneys enter into a participation agreement where they agree to cooperate with each other to reach a fair settlement. Under the participation agreement, both parties agree to disclose all relevant information and cooperate with each other to resolve all issues of the divorce, including property division, child custody, child support, and alimony. The negotiations can be done by utilizing settlement conferences, informal discussions, expert opinions, and other forms of litigation alternatives. In collaborative divorce cases, attorneys work together to settle the case rather than battling each other and preparing for litigation in court. Under the participation agreement, if negotiations break down each party will be required to find a new attorney. The attorney you hired for your collaborative divorce must withdraw from the case and cannot represent either party if the case proceeds to litigation in court. Collaborative divorce is different than both mediation and uncontested divorce. In collaborative divorce, unlike mediation proceedings, there is no mediator providing recommendations or spurring negotiations. Instead, each party s attorney will work together to provide solutions. There is much more cooperation between the parties in collaborative divorce than there is in mediation. In uncontested divorce proceedings, the couple is already in agreement on most of the issues and does not need extensive negotiation to finalize the terms of the marriage dissolution. In addition, if negotiations fail and the couple proceeds to court, the attorneys who managed the uncontested divorce can continue to represent their client in the contested divorce proceedings and will not be required to withdraw from the case. 5 Call: Web:

6 Mediation Mediation involves the use of a neutral, independent mediator who is familiar with Florida divorce law. The mediator listens to both sides and proposes solutions to help negotiate a settlement between the two parties. Unlike a Florida family law judge, the mediator does not have the authority to compel the party to enter into an agreement, or the power to dictate the terms of the marriage dissolution. Typically, the mediator will be a Florida family law attorney who is impartial and has no stake in the outcome of the divorce. Mediation gives the parties more control over the divorce and allows them to customize the marital settlement to fit their specific needs. Rather than having a judge dictate the terms of the divorce, the mediator and both parties work together to develop an individualized marital settlement agreement. The mediator listens to both sides of the argument and helps propose innovative solutions on which both parties can agree. During mediation, both sides will be given time to discuss all of the issues of the divorce, including property division, alimony, child custody, and child support. The discussions during mediation are confidential. Therefore, each party can discuss the divorce issues openly and honestly with the mediator without the fear that what they say may be later used against them in court. If the parties are unable to reach an agreement on all aspects of the divorce, the remaining issues will be decided by a Florida family law judge. The issues that were resolved during mediation will not have to be litigated in court. Therefore, even if mediation does not resolve 100% of the divorce issues, it can still save valuable time and money. If you and your spouse still have a friendly relationship, you may want to consider mediation. Mediation is often less expensive and time consuming than litigating a divorce in court. However, mediation is not right for everyone. If you are considering mediation, contact us to speak with a divorce lawyer at our firm to find out if mediation might be a good solution for your needs. Military Divorce Military divorce involves many of the same issues as other divorces; child custody, alimony, and property division will all have to be resolved in the divorce proceedings. However, there are also special laws and circumstances that are unique to military divorce. If you are or your spouse is a current or former member of the military, you need a divorce lawyer who is experienced in military divorce cases. That means that an attorney who only understands Florida divorce law is simply not enough for these types of cases. At Florida Law Advisers, P.A. our divorce attorneys have years of experience in both civilian and military divorce cases. We combine our knowledge of both military and Florida divorce law with our skills in the courtroom to provide effective legal representation. If you need help protecting your rights in a military divorce call us to schedule a free consultation with an experienced military divorce lawyer. When service members are on active duty it may be impossible for them to properly defend themselves against divorce and other family law filings. Therefore, under military law, any divorce or other family law case filed against an active service member may have to be postponed. The postponement can be for an 6 Call: Web:

7 initial period of 90 days with the possibility of extending the postponement until the service member returns from active duty. Military Pensions & Benefits Under Florida divorce law, a civilian spouse s right to receive a portion of the military pension in a divorce settlement does not depend on the length of the marriage. However, the length of the marriage may affect how the pension is paid to the nonmilitary spouse. Depending on the length of the marriage and other circumstances, the nonmilitary former spouse may receive his or her share directly from the government rather than from the former spouse. Retired service members may also be enrolled and have property rights in the Survivor Benefit Plan (SBP). The benefit plan is an annuity that allows retired service members to provide continued income to a named beneficiary in the event of the retiree s death. When a service member retires, their spouse will automatically be named as the beneficiary. The service member will need to contact the Defense Finance and Accounting Service to change the named beneficiary. In some divorce cases, the final judgment will require the service member to continue to provide SBP coverage to the nonmilitary ex-spouse. However, a court-ordered settlement alone is not enough to ensure the nonmilitary ex-spouse receives the coverage. The beneficiary will have to make a deemed election request within the time specified. Failure to follow the strict guidelines could result in the nonmilitary spouse forfeiting his or her rights to the SBP. Flat Fee Divorce Divorce can be a very stressful and expensive process for a couple. We understand this, and want to help alleviate the financial burden and turmoil that a divorce can create. Florida Law Advisers, P.A. offers many innovative solutions to the traditional contested divorce, such as a low-cost flat fee divorce. Our flat fee divorce can cover all of the same issues as a contested divorce, such as child support, alimony, child custody, and property division. If you and your spouse agree on the terms of the marriage dissolution, our flat fee divorce program may be an ideal fit for your needs. A flat free divorce can save you time and money on your divorce. With the help of an experienced Tampa divorce lawyer at our firm, your flat fee divorce can be completed in as little as 20 days. On the other hand, contested divorces can take many months and, in some cases, years to complete. Our professional legal team will help draft all the necessary legal documents and efficiently navigate your divorce through the Florida court system. If an issue arises that cannot be amicably resolved between the two parties, you can rest assured that you have a team of skilled attorneys ready to defend your rights in court. Our Tampa divorce lawyers are very knowledgeable of Florida divorce law and are skilled advocates in the courtroom. We understand how stressful a divorce can be and we want to provide solutions, not add to your burden with overpriced legal fees. There are no hidden fees; our low cost flat fee divorce covers all attorney fees and all filing, copy, courier, and postage costs. If you are looking to work with an experienced Tampa 7 Call: Web:

8 family law firm that is committed to resolving your case in a stress-free and cost-effective manner, call us today at Our initial consultation is confidential and free. PROPERTY DISTRIBUTION When a couple decides to divorce they will need to make decisions regarding the distribution of their property. If a couple is unable to reach an agreement, a Florida family law court will step in and divide the property for them. Under Florida divorce law, the court must make an equitable division of the marital property. Equitable division means the court will divide the marital property evenly between the two parties unless there are reasons to justify one party being awarded more than 50% of the property. If a divorce is imminent in your life, you should consult a Tampa Divorce lawyer to help protect your rights. An experienced attorney can evaluate the marital assets of your relationship and help reach a property division agreement between you and your spouse. If an agreement cannot be reached between you and your spouse, a Tampa divorce attorney will be able to protect your interest in court and ensure you get a fair distribution of the property. Equitable Distribution The first step in equitable distribution is to classify each asset and debt as either marital or separate property. Only marital property is subject to equitable distribution by a court; separate property will remain the property of the spouse who owns it. Marital property is typically all debts and property acquired jointly during the term of the marriage. For instance, marital property will usually consist of wages, vested retirement plans, and property purchased jointly. It is important that a Tampa divorce attorney analyzes all of the assets and debts outstanding in your case to determine which will be treated as marital property. Once the court has determined the extent of the marital property it will resolve the property dispute by making an equitable distribution of the property. The court will divide the property 50/50 between the couple unless there are factors that would make a 50/50 split inequitable. Some of the factors the court will consider are: The length of the marriage The assets and debts each spouse contributed to the marriage Homemaking and child care contributions provided by each spouse during the marriage The financial condition of each spouse The negative effect on the career or education of either spouse as a result of the divorce A spouse's desire or interest in a particular asset Waste or destruction of marital assets by a spouse There are many other factors a court will consider when dividing marital property. It is important that you hire a Tampa divorce attorney who has a thorough understanding of all the factors a court may consider in equitable distribution cases. 8 Call: Web:

9 Alimony Alimony, also known as spousal support, is payment from one spouse to another spouse after they have decided to dissolve their marriage. Alimony payments provide financial assistance to ex-spouses who were financially dependent during the marriage. Alimony is intended to ease the transition to single life and help maintain an acceptable standard of living for spouses who were financially dependent on their ex-spouse. Florida family law courts have a lot discretion over this process, including whether or not alimony will be awarded, for how long payments will continue, and the amount of support that will be paid. Under Florida divorce law, a court is not required to award or deny alimony payments under any particular set of facts or circumstances. However, a court will be required to consider all relevant factors in determining if alimony should be paid and, if so, how much. The following list is an example of the factors a court may consider in determining an alimony award: Length of the marriage Age and physical condition of each spouse Financial resources of each spouse Standard of living to which each spouse has become accustomed Occupation, education and current income of each spouse Each spouse s contribution to marriage, including homemaking, childcare, education, and career building of the other party Responsibilities of each spouse to any minor children If alimony is awarded, the alimony payments should be an amount that is sufficient to provide a reasonable maintenance of living standards to the ex-spouse. The court will often consider the cost of food, shelter, clothing, transportation, and other household expenses of the ex-spouse when determining the amount of alimony that is sufficient. Types of Alimony Available Under Florida divorce law, there are several types of alimony that may be awarded, such as: Suit Alimony (pendente lite) alimony that is paid while the divorce has not yet been settled by the court. This is intended to provide temporary financial relief to a spouse while the divorce is pending. Durational Alimony economic assistance for a set period of time. The duration of the alimony payments may not last any longer than the duration of the marriage. For instance, if a marriage lasted only 2 years, the durational alimony payments may not exceed 2 years. Durational alimony is typically reserved for marriages lasting less than 17 years. Rehabilitative Alimony - alimony that is awarded to a spouse who has stopped working due to the marriage, and needs support for a period of time until he or she can reestablish their career. This type of alimony requires the recipient to provide the court with a specific and defined rehabilitative plan for their career. 9 Call: Web:

10 Bridge-the-Gap Alimony intended to assist spouses with a legitimate, identifiable short-term need while making the transition from being married to being single. The length of the alimony payments may not exceed 2 years. Permanent Alimony - payment to help a spouse maintain the standard of living they have become accustomed to during the marriage. Most often, permanent alimony is only available for marriages that have lasted for at least 17 years. This type of alimony will provide for the needs and necessities of a spouse who lacks the financial ability to be self-sustaining. Florida divorce law does not have any concrete guidelines that courts must follow when determining alimony payments. The skill and experience of the attorney you hire in your divorce proceedings can make a significant impact on the court s decision to award spousal support. Without competent legal counsel, you could be required by the court to pay more alimony than you should, or conversely, not receive the full amount of alimony payments to which you are entitled. Prenuptial Agreements If you are engaged or will soon marry, you should consider drafting a prenuptial agreement with your significant other. Prenuptial agreements are not just beneficial to wealthy couples; everyone can benefit from executing a prenuptial agreement. A prenuptial agreement can allow you to modify certain provisions of Florida divorce law to better fit your specific circumstances. A well-executed agreement will allow you to set forth the terms of the divorce, rather than a judge dictating the distribution of your assets and the amount of spousal support awarded. In addition, the agreement can eliminate the need for costly litigation over property division, alimony, and other contentious issues that typically arise when a marriage is dissolved. Florida divorce law allows a prenuptial agreement to be broad and cover a wide range of potential issues that may arise in the event of a divorce. For instance, a prenuptial agreement can determine a party s rights and obligations concerning each individual asset and debt, including the right to buy, sell, or use specified property; alimony payments; the disposition of life insurance proceeds; and many other important matters. However, Florida divorce law will not allow a couple to determine child support or child custody rights in a prenuptial agreement. Instead, the couple must follow Florida s child support guidelines and custody statutes. The prenuptial agreement is a legally enforceable contract, however, a Florida family law court does have the authority to overturn the agreement if it was not properly executed. In order to be legally binding, both parties must voluntarily agree to the terms of the agreement. In addition, both parties must provide an accurate and fair disclosure of their financial position, and each party must have an opportunity to review the agreement before signing it. If these conditions are not satisfied, a court may decide the agreement was executed under duress and void the prenuptial agreement. At Florida Law Advisers, P.A. we understand that a prenuptial agreement can be a sensitive subject to discuss for a couple in love. We provide all of our clients with the individualized attention they need to ensure the process is as smooth and efficient as possible. Whether you need an attorney to draft a 10 Call: Web:

11 prenuptial agreement, advise you on a prenuptial agreement you have been asked to sign, or you have already signed an agreement, we can help. Contact us today by phone, , or web form to schedule a free consultation with a prenuptial agreement attorney. Postnuptial Agreements If you are already married and did not execute a prenuptial agreement, you should consider drafting a postnuptial agreement. A postnuptial agreement is similar to a prenuptial agreement except that a postnuptial agreement is executed after the couple is already married. Like a prenuptial agreement, a postnuptial agreement can help protect your assets and avoid costly litigation over property division, alimony, and other contentious issues in the event of a divorce. Florida divorce law permits a couple to draft a broad postnuptial agreement that covers a wide range of potential issues that may arise if the marriage is dissolved. A postnuptial agreement can allow you to modify certain provisions of Florida divorce law to better fit your specific circumstances. A well-executed agreement will allow you to set forth the terms in the event of a divorce, rather than a judge dictating the distribution of your assets and the amount of spousal support awarded. A postnuptial agreement is a legally binding contract, however, a Florida family law court does have the authority to overturn the agreement if it was not properly executed. In order to be legally binding, both parties must voluntarily agree to the terms of the agreement. In addition, both parties must provide an accurate and fair disclosure of their financial position and give each party an opportunity to review the agreement before signing it. If these conditions are not satisfied, a court may decide the agreement was executed under duress and void the postnuptial agreement. CHILD CUSTODY Florida divorce law requires a parenting plan to be filed with the Florida family law court when a marriage involving minor children is being dissolved. The parenting plan outlines the child custody arrangement between the two parents. The plan should include which parent will be responsible for the child s healthcare, school functions, daily tasks, and which parent will have custody on specific days. If the parents are unable to come to an agreement, a Florida family law court will step in and dictate the terms of the parenting plan. When a court determines a parenting plan their primary objective is to further the best interests of the child. In determining the best interest of the child the court will consider many factors such as: The child s preference Mental and physical health of both parents 11 Call: Web:

12 Any prior domestic violence allegations or charges Relationship the child has with each parent The parent s ability to provide a stable living situation for the child The geographic location of each parent The parent s work schedules A court will grant shared parental responsibility (joint custody) unless the court determines that it will be detrimental to the child s interests. Under Florida child custody law, a child's welfare and support is the responsibility of both parents, regardless if the parents were never married, are still married, or have divorced. Therefore, parents that were not married must still file a parenting plan with the court. The court will award custody based on the best interest of the child, and it is up to your attorney to prove to the court that your parenting plan is in the best interest of the child. The child custody attorneys at Florida Law Advisers, P.A. know what courts consider when evaluating the best interest of the child and are skilled advocates. We can help you draft a parenting plan and persuade the court that your plan is in the best interests of the child. We understand how important child custody matters are to our clients and we work tirelessly to help ensure our client s goals are attained. Please do not hesitate to contact us if you have questions about your child custody rights or for more information about our team of professional child custody lawyers. Paternity Paternity is a legal adjudication that establishes a parental relationship between a man and a child. In Florida, when a child is born to a married couple the husband is presumed to be the child s biological father. Therefore, most paternity suits are between unmarried parties. Paternity suits are often filed when a man denies fathering a child or a mother disputes a father s parental relationship to the child. A paternity case may have the same issues as a divorce case because it involves children, and issues such as parental responsibility, child support, and visitation will need to be resolved. Paternity cases can be very complex and difficult without competent legal representation. If you are seeking to either prove or dispute paternity, you should contact an experienced paternity lawyer for legal advice. Proving Paternity Paternity may be proved by two different means. A man can voluntary affirm that he is the father of a child, or paternity can be established through DNA testing administered by a Florida family law court. The DNA test can be either an inclusive or exclusive test. Inclusive DNA tests will show how likely it is that the man is the child s father. On the other hand, an exclusive test will show how likely it is that a man is not the fathers child. Both types of DNA tests will require DNA samples from the mother, alleged father, and child. A genetic testing lab will then compare all three sets of DNA for similarity and report its findings to the court. 12 Call: Web:

13 If paternity is proven the father will be entitled to all parental rights, including visitation. On the other hand, the father will also be liable for fulfilling his parental responsibilities, including paying child support. Furthermore, the father will be responsible for any past child support that has not been paid since the child was born. For example, a man who has not provided any financial support and denies fathering a two-year old child who is later determined by law to be the father will be responsible for the two years of child support that has not been paid. Thus, in some cases, back child support can amount to a substantial amount of money. Child Relocation Florida family law encourages parents to share the rights, responsibilities, and joys of raising their children together. If a custodial parent moves 50 miles or more away from the primary residence, it may make frequent and continued contact with both parents unattainable. Therefore, Florida child custody law will require the relocating custodial parent to either: obtain written consent from the other parent or obtain court approval before relocating with the child more than 50 miles from the primary residence. Consent From Other Parent: The relocating parent must obtain written consent from the other parent and any other person with visitation rights prior to the move. The consent must be in writing and it must be specific. It must include the visitation rights of the non-custodial parent and describe the transportation arrangement for visitation. Furthermore, the consent must be endorsed by a Florida family law court before the parent relocates. Court Approval: If the non-relocating parent does not consent to the move, the relocating parent must go to court and get approval from a family law judge prior to moving. Failure to first get court approval can subject the parent to contempt of court, and other legal penalties are possible as well. In order to obtain court approval the relocating parent will have to prove beyond a preponderance of the evidence that the relocation is in the best interest of the child. In determining the best interest of the child the court will consider many factors such as: Why the parent wants to move The age of the child The ability of the non-relocating parent to visit the child Educational resources available at the new location How involved the non-custodial parent is in the child s life The Impact the relocation will have on the child s physical, educational, and emotional development The employment and economic circumstances of each parent The child s preference Distance the new location is from other family members 13 Call: Web:

14 Grandparent s Rights Grandparents can play a key role in raising and caring for their grandchildren. I, like most people, have fond memories of my grandparents and am grateful for the important role they had in my life. Unfortunately, in some situations, a parent will prohibit or restrict the visitation and contact rights of a child s grandparents. When this occurs, grandparents should seek the aid of an experienced Florida family law attorney. Under Florida family law, grandparents and other family members have the right to file a petition with the court requesting visitation. However, a court will only grant visitation rights if a grandparent can show it will be in the child s best interests, and that there would be a significant detriment to the child if visitation rights are not granted. When determining if visitation will be in the best interests of the child, the court will consider many factors, such as: The opinions of the children, parents, and grandparent(s) How involved the grandparent(s) have been in the child s life The ability of the grandparent(s) to provide a stable, nurturing environment The strength of the relationship the grandparent(s) have with the child The child s preference Whether the grandparent(s) are able to provide an environment that will meet the child s needs In addition to proving that visitation is in the child s best interest, the grandparent must show that the child is in danger of being hurt or harmed. For instance, if the child s parents have alcohol or drug abuse problems it could pose a danger to the child. Other circumstances such as criminal activity, domestic violence, and mental illness may also place the child in danger of being harmed and convince a court that visitation or custody rights should be given to grandparents and other family members. Stepparent Adoption When a single parent remarries, a stepparent takes on the responsibility of raising, caring, and loving their spouse s child. In most cases, both the children and stepparents will form a close bond together much like the bond that biological parents and their children share. However, under Florida family law, stepparents have no legal rights with respect to the child. Therefore, many stepparents will adopt their stepchild and form a parent-child relationship in both their eyes and in the eyes of the law. Stepparent adoption is the most common form of adoption in the United States. It is a way to legally unite a blended family and provide security for everyone. When a stepparent adopts their stepchild, they get full legal and physical custody of the child, and they will have the same rights as the birth parent. Stepparent adoption is one of the easiest types of adoption to complete. However, if all of the necessary requirements and prerequisites are not complied with exactly as the law demands the adoption may be denied. If you are a stepparent considering adopting your spouse s child, you should contact Florida Law 14 Call: Web:

15 Advisers, P.A. for assistance. We can draft all of the necessary paperwork and navigate your adoption application from start to finish to help ensure a smooth and timely process. The Adoption Process: With competent legal representation at your side the adoption process can be relatively quick and inexpensive. In stepparent adoption cases Florida family law will not require a report, recommendation, home study, or waiting period. Furthermore, the stepparent will not be required to complete a background check during the adoption process. However, the stepparent will need to either (a) get the consent of the biological parent or (b) get approval from the court. If the biological parent is willing to consent to the adoption the stepparent should consider this route. Stepparent adoptions are typically more simple and efficient to complete when the biological parent consents to terminating their parental rights. In many cases, biological parents are willing to give consent because it relieves them from having to pay any future child support. If consent is not a viable option the stepparent will need to petition the court to terminate the biological parent s rights and approve the adoption. A court will consider a multitude of factors when deciding whether or not to approve the adoption. In most cases a court will only terminate a biological parents rights and approve the adoption if the parent has no or very limited contact with the children. If you are a stepparent who wants to adopt your stepchildren, the adoption lawyers at Florida Law Advisers, P.A. can help. We understand the delicate nature of adoption cases and are dedicated to ensuring our clients receive the compassionate and skilled legal representation they deserve. For more questions about stepparent adoptions in Florida or to schedule a free consultation with an adoption lawyer at our firm please call us today. 15 Call: Web:

16 CHILD SUPPORT Financial child support is the responsibility of every parent, regardless of whether the two parents are married, divorced, or never married. In divorce cases, a child support payment plan must be approved by a Florida family law court before a final divorce decree is entered. While both parents will be required to support the children, the parent without primary custody will be expected to make their payments directly to the parent with primary custody. The amount and duration of the payments will be based on Florida s child support laws. The amount of the payments must be in accordance with Florida child support law and the Florida Child Support Guidelines. The main factors determining the amount of support to be paid are the combined monthly net incomes of both parents and the number children they have together. The amount of time each parent spends with the child may also have an impact on the amount of child support required to be paid. Additional factors such as the medical, dental, psychological, and educational needs of the child will also be considered. When a couple decides to divorce, a judge will require a child support payment plan that is in the best interests of the child. Child support payments cannot be waived by the two parents; every child is entitled to the support. These payments are designed to assist with expenses such as clothing, food, healthcare, education and other needs of a child. If the required child support is not paid it can create an undue hardship for the child and other parent. If the child support payments you are entitled to receive are late or are not paid by the other parent, call us right away to speak with a child support attorney at our firm. Our team of child support lawyers can take immediate action to help you receive the child support you are owed. To begin, we can petition a court to establish a garnishment of the noncomplying parent s paycheck or bank account. This garnishment will automatically deduct the funds you are entitled to receive from the other parent s paycheck or bank account and deposit the funds directly into your account. The child custody lawyers at Florida Law Advisers, P.A. have years of experience in all child custody matters. We have a thorough understanding of the law and are skilled advocates in the courtroom. Regardless of whether you are in the middle of a divorce or trying to collect child support payments, we can help. Contact us today by phone, , or web chat to speak with a child custody attorney at our firm. 16 Call: Web:

17 LIFE AFTER DIVORCE Enforcement of Court Orders A court order is an official decree by a judge that either requires or authorizes a party to take specified action. In divorce cases a judge will commonly issue a court order with respect to child support, alimony, and child custody. Each party will be legally obligated to comply with the court order. If your ex-spouse has failed to comply with the terms of a court order you should seek the advice of a family law attorney. Child support and alimony payments are the most commonly violated court orders. Many times the spouse required by a court order to pay child support or alimony will pay less than what is required, pay late or not pay any money at all. This can have a devastating effect on the spouse that depends on the payments for financial support. Fortunately, in many cases our Tampa family law attorneys are able to establish a wage garnishment against a noncomplying ex-spouse. The wage garnishment automatically deducts the funds you are entitled to receive from your ex-spouse s paycheck and deposits the funds directly into your account. If your ex-spouse is not providing the required financial support you should seek the aid of a Tampa family law attorney at our firm before you take any action. Willfully disregarding the obligations under a court order as retaliation for an ex-spouse s misconduct is not a good idea. Both parties will remain bound to the court order even if one party intentionally fails to comply with the terms of the order. Therefore, if an ex-spouse fails to pay child support their child custody or visitation rights should not be taken away without first obtaining a court order. If you have not been given the financial support or child custody you are entitled to by a court order contact Florida law advisers for help. Our family law attorneys are experienced and skilled in enforcing all types of family law court orders. We will aggressively defend your rights and fight to resolve the situation as quickly and efficiently as possible. We understand these may be stressful times and our professional legal team will be by your side every step of the way to provide the legal support you need. Child Custody Modification It is difficult to predict the future, circumstances can change suddenly and unexpectedly. Florida family law courts understand this and allow child custody orders (parenting plans) to be modified if there has been an unanticipated, substantial change in circumstances. However, courts will only modify the parenting plan if the modification will be in the best interests of the child. Proving that the proposed change is unexpected and in the best interests of the child may be difficult to do without the help of competent legal representation. If you feel it will be in your child s best interest to either modify or prevent a change in the parenting plan you should contact a child custody attorney in the Tampa bay area for legal assistance. 17 Call: Web:

18 There are many situations when a change to the parenting plan will be in the best interest of the child. For instance, if there is domestic violence or abuse that threatens the child or parent an order of protection may be granted. An order of protection will automatically give the petitioning parent temporary custody of the child. In order to obtain a permanent change, the parent must petition a Florida family law court and get approval for a parenting plan modification. Relocation of one parent 50 miles or more from their current residence may also be grounds for a parenting plan modification. Florida family law encourages parents to share the rights, responsibilities, and joys of raising their children. A relocation of 50 miles or more by one parent may make frequent and continued contact with both parents unattainable. However, relocation will not necessarily result in a modification, the relocating parent will need to show that the parenting plan modification is in the best interests of the child in order to be approved by the court. There are numerous other reasons why a parent may petition for a change to the parenting plan. Regardless of the reasons for the modification request, a Florida family law court will only approve a change if it is in the best interests of the child. It is important to hire an attorney who knows what factors a court will consider and can effectively persuade the court that your plan is in the child s best interest. The child custody attorneys at Florida Law Advisers have years of experience in both advocating for and against parenting plan modifications. We are skilled attorneys who know what factors are important to Florida family law judges in child custody modification cases. If you think a modification will be in your child s best interest or you want to stop a proposed change to the parenting plan please do not hesitate to contact us. Our professional legal team is dedicated and passionate about these matters and will work tirelessly to help achieve the outcome you desire. Alimony Modification Under Florida divorce law 61.14, alimony payments may be modified by a family law court if there is a substantial change in circumstances of either party. The modification can either increase, decrease, or terminate the alimony paid to an ex-spouse. Similar to child support and child custody modifications, changes to alimony payments must be approved by the court, an unofficial agreement between the two parties will not be sufficient to legally alter the alimony award. If you have questions about your alimony award or feel there has been a change in circumstances that warrants a modification you should contact a Tampa bay area divorce attorney at our firm for legal advice. A divorce lawyer at our firm can explain your legal options and take the necessary steps to ensure your alimony award is fair and just. In Florida, there are several reasons why a modification or termination of alimony may be approved by the court. Some of the most common reasons for a modification are: Party receiving alimony remarries or is involved in a relationship Changes in a party s ability to pay/ need for alimony 18 Call: Web:

19 An unexpected medical emergency Death of a party Retirement Incarceration Bankruptcy There are many other circumstances that may warrant a modification of alimony payments. Alimony is based on numerous factors, if any of those factors change overtime a modification to the alimony award may be necessary. For more information about alimony or any other family law issue do not hesitate to contact us. The divorce attorneys at our firm have years of experience helping clients just like you get the alimony award they deserve. Regardless if you are seeking to increase, decrease, or terminate alimony payments we can help. Child Support Modification Under Florida child support law 61.13, both parents have the right to request a modification of child support. The modification can be to either increase or decrease the required amount of child support. Child support obligations are regulated by the court and cannot be changed without court approval. In order to modify a child support arrangement, the party seeking the modification must prove to the court that there has been a substantial, material, and unanticipated change in circumstances. In addition, the party requesting the change will have to show the modification is in the best interests of the child. This can be difficult without experienced, skilled legal representation. If you want to request a modification, or dispute a proposed modification you should contact a family law attorney. In order to obtain a modification of child support order from a Florida family law court there must be a substantial change in circumstances that could not be predicted or foreseen during at the time the original child support order was issued. Examples of possible grounds for a modification include: Economic hardship of a parent Health care expenses of the parent or child Increased cost of living Disability of a parent or child Bankruptcy Incarceration Sudden financial windfall or higher paying job Losing a job may also be valid grounds to modify a child support order. Unemployment may temporarily stop or lower a parent s child support obligations. However, the loss of employment must be done in good faith. Intentionally quitting a job or taking a lowering paying job, simply to request a child support modification are not valid grounds. On the other hand, if a parent obtains new employment with a higher salary or other form of increased compensation a court may order an increase in child support payments. 19 Call: Web:

20 CONTACT US Phone: (800) Website: DISCLAIMER The information contained in this E-Book and on the website, is for general information purposes only. Nothing contained in this E-book or on the website, should be taken as legal advice for any individual case or situation. The information is Not intended to create an attorney client relationship. NO reader of this E-book or visitor of should consider this site or the information contained herein to be an invitation for creation of an attorney-client relationship, and you should Not rely on the information provided. If you have a legal question, you should seek the advice of a licensed attorney in your state. Any link or links contained in this site are for convenience only, and does not constitute a referral to, or endorsement of, the linked services or persons. 20 Call: Web: