Child custody disputes can be intense. While some parents are able to put their differences aside and make good choices about the health and welfare of their shared children, others cannot get past their disagreements with their former partners and, instead, take actions that may be detrimental to their kids. Parents in Florida can be accused of abducting their own children if their actions violate the custody and visitation agreements and orders that govern their family relations.
Child support is an important obligation that exists between a parent and their child. In Florida, a parent may be required to pay child support if they do not have physical custody of their child. As has been discussed previously on this blog, physical custody concerns where a child lives and which parent is responsible for the child's day-to-day needs.
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.
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.
Deciding how custody of children should be set in the wake of a divorce can be a difficult task for parents in Florida. However, state law encourages them to work together to meet their kids' best interests rather than relying on the court to sort out these important matters. When parents are able to establish time-sharing parameters that meet their children's needs they may have their findings approved by the courts hearing their divorce cases.
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.
Divorce can be a stressful and emotional undertaking, but it does not always have to be an adversarial process. In Florida - a "no-fault" state in which wrongdoing need not be alleged by either party - remaining amicable can make the process smoother, quicker and easier to handle from a emotional/mental perspective. The first step to a good working relationship during divorce is maintaining open lines of communication.
Many states offer an alternative to divorce that is commonly known as "legal separation." Legal separation allows spouse to live apart but to not actually file for divorce. Where available, legal separation may be preferable to divorce for any number of reasons, ranging from health care coverage to income tax savings. Usually in a legal separation, the rights, duties and obligations of each spouse, as well as how property will be divided is laid out in a legal document.
Readers of this Tampa-based family law blog may be familiar with the terms "fault" and "no-fault" when it comes to preparing a pleading for divorce. Generally, if a divorce is based on fault then one of the parties is considered responsible for the failure of the marriage and is at fault for the dissolution. If a divorce is based upon discord between the parties without a specific element of fault then the divorce is considered a no-fault proceeding.
In the state of Florida, judges make careful decisions regarding alimony, and must have significant reason to issue an alimony modification. The state has created a formula by which they must abide. Alimony is almost never modified immediately following a divorce, and can be modified later only when specific circumstances are present.