Florida Family Law Frequently Asked Questions

How is child custody determined in Florida?

In Florida, child custody decisions prioritize the child’s best interests, ensuring their safety and well-being. Courts consider several factors, including the child’s home and school history, and each parent’s mental and physical health. The stability and suitability of each parent’s home environment are assessed, as well as the love and affection between the child and each parent. Judges also look at each parent’s willingness to foster a positive relationship with the other parent, and any history of domestic violence. In some cases, guardianship may be appointed if neither parent can provide a safe environment for the child.

How is child support calculated in Florida?

In Florida, child support is established to ensure that both parents contribute equitably to their child’s financial needs. This can be ordered during divorce proceedings or initiated through a family court petition, particularly for unmarried parents. The Florida Department of Revenue manages the payment process between parents. Support amounts are calculated based on the combined gross income of both parents and the number of children, using a standardized worksheet. If there are significant changes in income or circumstances, modifications to the support order may be necessary. Establishing paternity is crucial if it has not been previously acknowledged.

What are the grounds for divorce in Florida?

In Florida, the divorce process is simplified by its no-fault system, where proving wrongdoing by either spouse is unnecessary. The state recognizes only two grounds for divorce:

1. Irretrievably broken marriage: This is the most common ground, signifying that the marriage is beyond repair and efforts to reconcile have failed. It’s similar to “irreconcilable differences” in other states.
2. Mental incapacity: This applies when a spouse has been legally declared mentally incapacitated for at least three years prior to filing for divorce.

These grounds streamline the process, allowing couples to focus on other important issues like asset division and child custody.

How is paternity established in Florida?

In Florida, paternity can be established through several methods, depending on the parents’ marital status and circumstances:

1. Married parents: If the parents are married when the child is born, paternity is automatically established, and the husband is considered the legal father. No further action is needed unless the husband’s name is not on the birth certificate, which then requires a court process.
2. Unmarried parents at birth: Unmarried parents can establish paternity at the hospital by signing the Paternity Acknowledgment form in the presence of a notary. This form is sent to the Florida Bureau of Vital Statistics and the father’s name is added to the birth certificate.
3. Marriage after birth: If the mother marries the father after the child’s birth, they can establish paternity by completing the Affirmation of Common Child(ren) form when applying for a marriage license. This adds the father’s name to the birth certificate.
4. Post-birth for unmarried parents: Unmarried parents can establish paternity any time before the child turns 18 by signing the Acknowledgment of Paternity form  in front of witnesses or a notary, then submitting it to the Florida Bureau of Vital Statistics.
5. Legal order: If paternity is not established through the above methods, it can be determined through a legal process. This involves either a court order, where a judge may require genetic testing, or through the Child Support Program, which can issue an Administrative Order of Paternity based on genetic test results without going to court.

These methods ensure that paternity is legally recognized, facilitating decisions regarding child support and custody.

How long does it take to get divorced in Florida?

The duration of a divorce process in Florida can vary widely based on several factors. For a simplified dissolution of marriage, where both parties agree on all terms, have no minor children, and meet other specific criteria, the process can be completed in a few weeks to a few months.

For a regular dissolution of marriage, which involves contested issues such as child custody, division of property or alimony, the process can take several months to years. The complexity of the issues and the court’s schedule can significantly influence the timeline. There is a mandatory 20-day waiting period after filing the petition, which provides time for potential reconciliation before the court finalizes the divorce.

Ultimately, the time it takes to finalize a divorce in Florida depends on the specifics of the case and the level of agreement between the parties involved.

Reach Out To Absolute Law For More Answers

Contact us today for our guidance and support. Whether you need assistance with establishing paternity, understanding divorce timelines or handling complex family law matters, our experienced team at Absolute Law is here to help. Let us provide you with the clarity and confidence you need to move forward. Schedule your consultation now by calling us at 239-268-4669 or by contacting us online.