Tampa Florida Family Law Blog

Parents who are going through a divorce may not understand the difficult and sometimes confusing laws that apply to the custody of children. They may, for example, be somewhat familiar with the idea of physical custody and the need for separated or divorced parents to split their kids' time between their different households. However, they may not have a full appreciation for the importance of legal custody and the important rights in bestows on parents.

Unlike physical custody, which addresses where a child will live, legal custody has to do with how and by whom important decisions regarding the child may be made. If a parent has legal custody, then they may be involved in the process of deciding important matters about their child's upbringing. Failing to maintain legal custody of a child may force a parent out of the loop of input when it comes to deciding, for example, where a child will go to school or how they will be raised in a system of religion.

Alimony is a legal obligation that can bind two people even after their divorce has been finalized. The duration of time that an alimony obligation will last in Florida will depend upon the type of alimony that is awarded by a couple's divorce court. Some forms of alimony have built-in timeframes and when they reach their stipulated ends the paying parties are freed from their obligations. Other forms of alimony, however, do not include these provisions.

For example, if a party to a divorce receives permanent alimony from their ex-spouse then that obligation will last for quite a long time. It may only end when the recipient passes away or elects to remarry. Conversely, a court may award durational alimony, which has a set end point, or lump sum alimony, which is paid only once in order to fulfill the paying spouse's obligation.

A prenuptial agreement can be a good tool for two people to utilize to make important financial and property-based decisions before they get married. Prior posts on this Florida family law and divorce blog have outlined the requirements individuals must fulfill to make prenuptial agreements and the ways that prenups may be rendered invalid. This post will discuss one important topic that cannot be addressed in a prenuptial agreement: child custody.

The custody of children is a delicate issue that can take time and consideration to work through. Because prenuptial agreements are made before individuals get married, it is entirely possible that any custodial decisions that they would try to make would be applicable to only hypothetical children. As child custody matters must involve considerations related to the best interests of the children, it is impossible for people to anticipate their unborn children's needs and interests before they have come into being.

Couples who have children and who decide to end their marriages have the difficult task of finding ways to ease the transition of divorce upon their kids. One of the biggest issues that children of divorce must face is finding stability once their parents separate their single household into two. It is important to understand how child custody is addressed in Florida courts and what factors courts look at to decide where and how kids should live.

Like other jurisdictions, Florida relies heavily on the best interests of the child when making decisions that impact their welfare. That means that a child's needs and interests should be prioritized when decisions are made about where they will live and who should care for them. Courts seek information about children through a variety of inquiries related to their individual requirements and their parents' capacities to provide for them.