Palm Beach Divorce Lawyer & Family Law Attorney

What are the Florida child custody laws?

In Florida, custody and visitation are legally referred to as “time-sharing”. The best interests of the child is the primary consideration in awarding time-sharing and allocating parental decision making authority. Florida courts consider the following 20 factors in formulating a custody and visitation schedule and allocating parental decision making authority:

1. Is the parent willing to encourage a close relationship between the children and the other parent?
2. Do the parents adhere to the time-sharing schedule, and are they flexible when changes to the time-sharing schedule are requested?
3. Are parental responsibilities delegated to third parties?
4. Do the parents have a history of putting the children’s needs before their own?
5. Have the children resided in a satisfactory, stable environment, and is it desirable to maintain continuity?
6. Is the proposed parenting plan geographically viable?
7. Do the parents have physical and mental health issues that affect the children?
8. How is the moral fitness of the parents?
9. How is the children’s school record?
10. What is the children’s preference (if the court finds that the children have sufficient intellect, understanding and experience to articulate a preference)?
11. Are the parents knowledgeable about the circumstances surrounding their children’s lives, including their healthcare providers, teachers, friends and daily activities?
12. What is the extent of the parents’ involvement in their children’s lives, including their school and extracurricular activities?
13. Do the parents provide a consistent routine for their children?
14. Do the parents keep each other informed about issues that the children are facing and important events in their lives?
15. Is there evidence of domestic violence?
16. Is there is evidence of substance abuse?
17. What parental responsibilities have each of the parents customarily performed?
18. Do the parents protect their children from the divorce proceedings by not discussing things that are happening in the divorce proceedings?
19. Do the parents protect their children by not disparaging each other in front of the children?
20. Are there any other factors that the court feels that it should consider in reaching a determination?

In Florida, there is no presumption in favor of or against any particular custody and visitation schedule. Additionally, there is no presumption in favor of or against the Father or the Mother. It is the policy of the State of Florida that children are to have frequent contact with both parents. Florida courts consider 20 statutory factors in formulating a custody and visitation (“time-sharing”) schedule.

What are the parental decision making laws in Florida?

Parental decision making in Florida is called “parental responsibility”. Florida courts will order “shared parental responsibility” unless the court finds that it would be detrimental to the best interests of the child. When “shared parental responsibility” would be detrimental to the best interests of the child, Florida courts will order that one of the parents has “sole parental responsibility” for making decisions on behalf of the child. Florida courts may also award “ultimate parental responsibility” to one of the parents. A parent who has “ultimate parental responsibility” will be permitted to make decisions over certain aspects of the child’s wellbeing.

To learn more about custody and visitation, call our office to schedule a consultation with a family law attorney. Our offices are located in Palm Beach Gardens, Wellington and West Palm Beach, Florida.

Who gets alimony in Florida?

Trial courts are required to consider 11 statutory factors in deciding who will receive alimony in Florida. The first, and most important factor, is the payor’s ability to pay alimony and the recipient’s need for support. Once a trial court determines that one party has a need for alimony and the other party has the ability to pay alimony, the court is required to assess 10 statutory factors to determine the amount and type of alimony.

How long does alimony last in Florida, and how much alimony does someone receive in Florida?

Once a Florida court determines that a recipient has a need for alimony and that the payor has the ability to make alimony payments, the court is required to assess ten (10) additional statutory factors to determine how long alimony will last and how much alimony someone will receive. They are:

1. What does it cost to maintain the standard of living (the lifestyle) that the parties’ established during the course of their marriage?
2. How long have the parties been married?
3. What are the ages and the physical and emotional condition of the parties?
4. What financial resources do each of the parties have?
5. What educational levels do each of the parties possess? What vocational skills do they have? What are their earning capacities? Is there a need for the recipient spouse to receive further education or vocational training in order to obtain gainful employment?
6. What contribution has each of the parties made to the marriage?
7. What responsibility do each of the parties have for raising their minor children?
8. What are the tax consequences of paying alimony? What are the tax consequences of receiving alimony?
9. What are all of the sources of income that each of the parties have?
10. Are there any other factors that the court feels that it should consider in reaching a fair and equitable alimony award?

Call us to schedule a consultation to discuss alimony with a Palm Beach divorce attorney. We have offices in Palm Beach Gardens, Wellington and West Palm Beach, Florida.

How are assets divided in a Florida divorce?

There are two types of assets in Florida. They are marital assets and nonmarital assets. Marital assets are distributed between the parties. Each party retains their own nonmarital assets. There are six types of marital assets and liabilities in Florida. They are:

1. the assets that the parties acquired and the liabilities that the parties incurred during the course of the marriage;
2. the enhancement in value of nonmarital assets as a result of marital labor or the contribution of marital funds during the course of the marriage;
3. payment of the principal of the mortgage on nonmarital assets with marital funds and the passive appreciation on that property;
4. gifts that the parties gave to each other during the course of the marriage;
5. pensions, retirement payments, profit-sharing payments, deferred compensation, insurance and annuities accrued during the marriage;
6. property held by the parties as “tenants by the entireties” is presumed to be a marital asset. This presumption is rebuttable.

What is separate property in a Florida divorce?

There are five types of separate property in a Florida divorce. Separate property (nonmarital assets and liabilities) are the following:

1. all assets that the parties acquire and all liabilities that the parties incur prior to the date of the marriage, and all liabilities that the parties incur and assets that the parties acquire in exchange for those assets and liabilities;
2. all gifts that are specifically given to a party from someone other than a spouse;
3. income that was earned from nonmarital property during the marriage, unless it was utilized by the parties as a marital asset;
4. assets and liabilities designated as nonmarital in a prenuptial or postnuptial agreement, and any assets acquired and liabilities incurred in exchange for those assets and liabilities;
5. any liabilities that were incurred by the forgery or unauthorized signature of a spouse

Contact us to schedule a consultation with a high asset/high net-worth divorce attorney, with offices in Wellington, Palm Beach Gardens and West Palm Beach, Florida.

Is there a cut-off-date to determine what is marital property and what is separate property in a Florida divorce?

Florida courts impose a cut-off date to determine whether an asset is considered to be marital property or nonmarital property. Marital property is distributed between the parties in a divorce. Nonmarital property is not. The cut-off date to determine whether an asset is considered to be marital property or nonmarital property is the earliest of the following: (i) the date on which a divorce is filed, (ii) the date on which the parties enter into a separation agreement, or (iii) a date that is agreed upon in a separation agreement.

How do you value assets in a divorce in Florida?

Florida courts use the fair market value standard to assess property in a Florida divorce. The fair market value of an asset is the amount of money that a buyer is willing to pay and a seller is willing to accept if both parties have knowledge of the relevant facts and neither party is being forced to enter into the transaction. Fair market value is not the replacement cost of a piece of property. Additionally, it is not the price that a particular buyer would pay for the property.

Reach out to us at (561) 363-3400 to discuss the laws pertaining to the division of property and assets with a matrimonial lawyer. Our offices are located in Palm Beach Gardens, West Palm Beach and Wellington, Florida.

When can a parent move out-of-state with a child in Florida?

A parent is required to obtain court permission to move if the proposed relocation is 50 miles from: (i) the parent’s primary residence at the time of the issuance of the last time-sharing order, or (ii) after an action involving time-sharing has been filed. In order for a move to constitute a relocation, it must last 60 consecutive days. Time away from the home to obtain education or to obtain healthcare for a child does not constitute a relocation. Neither does time away from the home to take a vacation.

How do you measure the 50 mile distance in a Florida child custody relocation case?

In a Florida child custody relocation case the proper method to measure the distance between two points is a straight-line or “as the crow flies”. It is not the distance to drive from point-to-point.

How do I get permission to move out-of-state with a child in Florida?

In deciding whether or not to grant a Petition to Relocate in Florida, courts are required to consider the following relocation factors:

1. What are the reasons for the proposed relocation?
2. What are the reasons that the nonrelocating parent is objecting to the proposed relocation?
3. Will the requested relocation improve the child’s quality of life?
4. Will the requested relocation improve the requesting parent’s quality of life?
5. What effect will the relocation have on the relocating parent’s financial condition?
6. Will the relocation improve the child’s educational opportunities?
7. Does the relocation have any emotional benefits for the child?
8. Does the relocation have any emotional benefits for the relocating parent?
9. What is the nature of the relationship between each of the parents and their child?
10. What is the nature of the relationship between the child and other significant people in the child’s life?
11. How involved are each of the parents in the child’s life?
12. How involved in the child’s life are the child’s close relatives?
13. In the event that the court grants the Petition to Relocate, how will the relationship between the child and the other parent be maintained?
14. How old is the child?
15. What will the emotional impact of the relocation be on the child?
16. Does the child have special needs? How will the relocation affect the child’s special needs?
17. If the requesting party is granted permission to relocate, how likely is it that the requesting parent will comply with the court ordered time-sharing schedule?
18. Does the child have a preference concerning the proposed relocation?
19. What are the parent’s current employment circumstances?
20. Is the relocation necessary to improve the economic circumstances of the relocating parent?
21. Is the parent seeking the relocation in good faith?
22. Has the parent that is objecting to the relocation complied with his or her financial obligations to the child?
23. Are there career opportunities for the objecting parent in the new location?
24. Have either of the parents engaged in domestic violence?
25. Have either of the parents engaged in substance abuse?
26. Do the 20 Florida statutory time-sharing factors militate in favor of or against the proposed relocation?

Contact us to arrange for a consultation to discuss child custody relocation with a family law attorney. Our Offices are located in West Palm Beach, Palm Beach Gardens, and Wellington, Florida.