Divorce with Children
The changes that divorce may bring can be hard on children. If you are considering divorce, protecting your children during the process will be essential.
Some people say family law is tough because every family is different, but the laws are all the same. Luckily, in Florida, our law includes the “Best Interests Standard.” Because the best interests standard applies, when parenting issues need to be settled, the court will often look at what option is really best for the children.
Is there Shared Custody, Sole Custody, and Full Custody in Florida?
Some states use the word “custody” to describe which parent will care for the children. In Florida, our law is less about traditional custody definitions and more about a “Parenting Plan.” A parenting plan will cover the traditional custody elements, often with greater specificity. In the best case, a clear parenting plan, that is well thought-out, should be agreed to by the parties. If the parties can’t agree to a parenting plan, the Court will decide and order a parenting plan it finds appropriate.
For examples of traditional custody options under Florida law, please click here.
Child Support in a Florida Divorce
In Florida, both parents are responsible for supporting their children. Support, of course, can come in many different forms, but under Florida law, the court will often look to the “Child Support Guidelines” to determine how child support should be paid. The child support guidelines work as a “formula” to determine the child support amount. Generally, the parent who spends more overnights with a child, will often collect more child support. A child support award can continue until the child reaches the age of 18 or graduates from high school.
Other Child Related Matters
If you have either minor or adult children from a previous marriage, and are involved in a family law case, you may need to update your will or estate plan. Further, if you are a step-parent, a step-parent adoption may help solidify your family bond and avoid trouble if you ever get divorced.
The State of Florida requires that each parent (of a minor child) take a 4-hour parenting course during the divorce process. Sometimes your judge won’t finalize your divorce until you have completed your parenting course. In some cases, the parenting course can be a great first step toward a stronger parent-child relationship.
To speak to an experienced Divorce Attorney with Levinson & Capuano, LLC about your Florida Divorce concerns, please call (954)703-2110 or Click Here to Contact Us.
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