Florida family laws cover a diverse range of family-related legal matters, including divorce, child custody, and child support. These laws maintain that fair treatment is given to all couples and children represented in the family court. Understanding how your family law case may be handled can contribute to a resolution that is more aligned with your needs and goals. Below is a summary of the most important points in Florida family laws.
Divorce Laws in Florida
There are several methods for resolving matters of divorce in Florida, also called a dissolution of marriage. An agreement in an uncontested divorce can be achieved through collaborative divorce or mediation. Collaborative divorce is a private method of obtaining an agreement negotiated with the assistance of each spouse’s Florida family attorney.
Mediation, on the other hand, involves each spouse meeting with a neutral third-party mediator to facilitate a compromise on areas of conflict. Mediation is often required before litigation can occur. When mediation fails, the divorce becomes contested, and litigation is used as a last resort. This method of divorce involves one or more court hearings in which a judge ultimately resolves the conflicts in the case.
A contested divorce is more time-consuming and costly, but it is typically necessary when couples can’t agree on divorce matters through mediation. Meeting with a family law attorney can help you understand which process is ideal for you.
About three out of every 1,000 people in Florida are divorced. This equates to thousands of individuals going through a Florida divorce each year. If you are one of these individuals, regardless of which type of divorce you opt for, you must hire a seasoned Florida family attorney. A lawyer with extensive experience and knowledge of Florida family laws can provide you with the sound guidance and representation you need to succeed in your case.
Child Custody in Florida
When it comes to child custody in Florida, judges make decisions that are in the best interests of the child. This means that they can question parents’ assertions and overlook their preferences for the sake of the child’s interests. Judges often strive for joint custody, but do not make it the automatic presumption. Both mothers and fathers begin with an equal chance of custody, unless domestic violence is involved.
This equal chance of custody applies to both married and unmarried couples. If an unmarried couple has a child, the father can assert paternity and negotiate a custody arrangement on equal footing with the mother. A mother can also petition the court to test an alleged father’s paternity to gain child support.
There are two main ways to establish paternity outside of marriage. The first involves both the mother and father signing a Voluntary Acknowledgment of Paternity. This can establish the biological father as the legal father of the child. Otherwise, either the mother or the alleged father can request an administrative or court order for genetic testing.
An unwed father has the right to child custody in Florida. Fathers who wish to take responsibility for their child’s care can consult a family attorney to help them prove paternity and negotiate visitation, support, and custody with their child’s mother. Once they prove their paternity, they can establish parental rights and move forward with a custody agreement.
Child Support in Florida
Child support involves various financial and legal factors. Even if a parent does not have custody of a child, they may still be asked to provide child support to the child’s primary custodian. Child support is determined by Florida family laws that define support based on both parents’ incomes, the needs and expenses of the child, and the amount of time the child spends with each parent.
When child custody is shared equally, neither parent may be required to pay child support. If one does, it may be a very small amount. There is no one-size-fits-all payment plan for child support. Each case requires the careful analysis of both parents’ finances and their involvement in their child’s life. A qualified Florida family lawyer can provide further insight into your specific case details regarding child support.
Why Choose Us?
When you choose to hire a family lawyer from Shemkus Family Law, P.A., you get our promise of commitment to your family law case. You also gain access to our team of legal professionals, each with an impressive background. We are a 100% family law firm that is well-versed in Florida family laws.
We are also familiar with the Collier County Clerk of the Circuit Court & Comptroller, Family Law Division, located in Naples on Tamiami Trail East. This is the court where family law cases are handled for the greater Naples area. When your family law attorney is well-respected in local judicial circles, it can positively influence your case. We hope that you immediately see the difference in our approach as we tackle your needs, your goals, and your concerns together.
FAQs
Do Dads Automatically Get 50/50 Custody in Florida?
Fathers do not automatically get 50/50 custody in Florida, but neither do mothers. Florida does not automatically reward joint custody to any couple and instead focuses on the best interests of the child. This often means joint custody, but that is not guaranteed. A father in a Florida custody case has an equal chance of getting custody as a mother, with an average of 50% of fathers given physical custody in Florida, which is higher than in most states.
How Much Child Support Do I Pay in Florida?
Child support payments in Florida are calculated based on many factors. Florida decides who pays child support based on both parents’ income, the time each parent spends caring for the child, and the overall expenses of the child. Child support payments are calculated based on your monthly income and the number of children you’re supporting.
What Defines an Unfit Parent in Florida?
Florida courts decide whether someone is an unfit parent by examining their case for evidence of abuse, neglect, or abandonment. Abuse can be emotional, physical, or sexual and can leave physical and mental scars on a child. Neglect and abandonment can be harder to prove, but grounds may be an unsafe home environment, a lack of nourishment or medical care provided, or the presence of illegal drugs in the home.
What is the New Law for Fathers’ Rights in Florida?
On July 1st, 2023, Florida revealed a new law highlighting the rights of unwed fathers regarding their children. Guardianship no longer defaults to the mother in Florida. Instead, if the father has proved his paternity, the court works to establish joint custody, much like if the couple had been married.
Hire a Family Lawyer from Shemkus Family Law, P.A
If you’re facing a family law issue, there is no replacement for professional legal counsel in Florida. Hire a family lawyer from Shemkus Family Law, P.A., to handle your family law case, no matter what it entails. Shemkus Family Law, P.A., serves the people of Naples through divorce, child custody, spousal support, and other family law cases. Contact us to learn more about how Florida family laws apply to your family law matters.
