Palm Beach Divorce Lawyer & Family Law Attorney

In developing parenting plans, courts are tasked with two functions. First, courts are required to allocate parental responsibility. Second, courts are required to formulate a time-sharing schedule. Some of the primary areas of parental responsibility include the selection of the children’s healthcare providers, educational institutions, religious upbringing, travel, summer camp, and extra curricular activities. In Florida, parental responsibility will be shared by the parents, unless the court finds that it would be detrimental to the best interests of the children. When it is in the best interests of the children, courts may order that one of the parents has sole parental responsibility for decision making for the children. When courts order shared parental responsibility, they may award ultimate parental responsibility to one of the parents over certain aspects of the children’s wellbeing.

Second, the court is required to formulate a time-sharing schedule. In awarding time-sharing, the best interests of the children are the primary consideration. In determining the best interests of the children, courts are required to consider a number of factors. Some of the factors that Florida Courts are required to consider in formulating an appropriate time-sharing schedule include:

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

Speak with a Palm Beach Gardens divorce lawyer about custody and visitation by calling us at: (561) 363-3400.

In deciding whether or not to award alimony, trial courts in Florida are statutorily required to assess eleven (11) factors. 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 ten (10) factors to determine the amount and type of alimony.

The ten (10) factors that Florida courts are required to consider in awarding alimony are as follows.

1. the standard of living (the lifestyle) that the parties’ established during the course of the marriage;
2. the length of the marriage;
3. the age and physical and emotional condition of the parties;
4. the financial resources of the parties;
5. the parties levels of education, vocational skills and earning capacities. Additionally, whether there a need for further education or training to enable the recipient spouse to obtain appropriate employment;
6. the contribution that each of the parties made to the marriage;
7. each of the parties’ responsibilities for raising minor children of the marriage;
8. the tax consequences of paying and receiving alimony;
9. sources of income that the parties’ have;
10. any other factors that need to be considered by the court in order to reach a fair and equitable alimony award.

To speak with a West Palm Beach divorce lawyer about alimony call us at: (561) 363-3400.

The division of assets and liabilities in Florida is a four-step process. The first step is the clear identification of the parties’ marital and nonmarital assets and liabilities. The second step is the classification of these assets and liabilities as either marital or nonmarital. The third step is a determination of the fair market value of the parties’ assets, and an assessment of the parties’ liabilities. Finally, the court is required to enter a Final Judgment that distributes the parties’ marital and nonmarital assets and liabilities in the manner prescribed by Florida law.

Therefore, in Florida, it is important to know which assets and liabilities are considered to be marital and which assets and liabilities are considered to be nonmarital.

In Florida, there are six types of marital assets and liabilities. They are:

1. all assets acquired and all liabilities incurred during the course of the marriage;
2. any appreciation in the value of nonmarital property as a result of the efforts of either of the parties during the course of the marriage or from the contribution of marital funds;
3. payment of the principal of the mortgage on any nonmarital property with marital funds, and passive appreciation of nonmarital property if the mortgage on that property was paid with marital funds;
4. gifts between the parties during the course of the marriage;
5. pension, retirement, profit-sharing, deferred compensation, insurance, and annuities accrued during the course of the marriage;
6. real estate and personal property held by the parties as tenants by the entireties are presumed to be marital assets, subject to a claim by either of the parties that all or a portion thereof is nonmarital.

In Florida, there are five types of nonmarital assets and liabilities. They are:

1. all assets acquired and all liabilities incurred prior to the date of the marriage, and all assets acquired and all liabilities incurred in exchange for these assets and liabilities;
2. all assets acquired by noninterspousal gift;
3. all income derived from nonmarital assets during the course of the marriage, unless this income was used or relied upon by the parties as a marital asset;
4. all assets and liabilities excluded from the marital estate by prenuptial or post nuptial agreement, and all assets acquired and all liabilities incurred in exchange for these assets and liabilities;
5. all liabilities incurred by forgery or the unauthorized signature of either of the parties.

To speak with a Palm Beach divorce lawyer call us at: (561) 363-3400.

It is the parties’ obligation to present evidence concerning the existence and value of the parties’ marital and nonmarital assets and liabilities. Where parties fail to present evidence as to the existence and value of these assets and liabilities, Florida courts will not include them in the equitable distribution scheme.

The cut-off date to determine whether an asset or a liability is classified as marital or nonmarital is the earliest of the date on which the parties enter into a separation agreement, a date that is expressly agreed to in a valid separation agreement or the date on which a Petition for Dissolution of Marriage is filed.

The fair market value of an asset is the amount of money that a willing buyer would pay and a willing seller would accept if neither side is under compulsion and both parties have reasonable knowledge of the relevant facts. It is not the replacement cost of the property and it is not the price that a particular buyer would pay for the property.

To speak with a West Palm Beach divorce attorney about the division of property and assets in Florida, contact the Lane Law Firm, P.A. at (561) 363-3400.

In Florida, relocation is a change in the location of the residence of a parent from his or her place of residence at the time of the filing of a pending action to establish or modify time-sharing, or subsequent to the issuance of an order that establishes or modifies time-sharing. The relocation must be at least fifty (50) miles from the original location, and it must be for at least sixty (60) consecutive days. Relocation does not include absences to obtain healthcare for a child, for education, or to take a vacation.

In deciding whether or not to grant a petition to relocate, some of the statutory factors that Florida courts are required to evaluate are:

1. how involved are the parents and their close relatives in their children’s lives?
2. what is the nature of the relationship between the parents and their children?
3. what is the nature of the relationship between the children and other significant people in their lives?
4. what are the children’s ages?
5. how will the relocation affect the children emotionally?
6. what impact will the relocation have on the children’s education?
7. do the children have any special needs?
8. in the event that a relocation is granted, how will the relationship between the children and the nonrelocating parent be maintained?
9. is the relocating parent likely to comply with the court ordered time-sharing schedule?
10. do the children have a preference?
11. will the relocation enhance the quality of life of the children?
12. will the relocation enhance the quality of life of the relocating parent?
13. will the relocation enhance the relocating parent’s financial situation?
14. Will the relocation enhance the children’s educational opportunities?
15. does the relocation have emotional benefits for the children?
16. does the relocation have emotional benefits for the relocating parent?
17. what are the reasons for the proposed relocation?
18. what are the reasons that the nonrelocating parent objects to the relocate?
19. what are the current employment circumstances of the relocating parent?
20. what are the current employment circumstances of the nonrelocating parent?
21. is the relocation necessary to improve the economic circumstances of the relocating parent?
22. xxii. is the relocation sought in good faith?
23. xxiii. has the nonrelocating parent fulfilled his or her financial obligations to the children?
24. xxiv. are there career opportunities for the nonrelocating parent in the new location if the relocation occurs?
25. xxv. is there a history of domestic violence?
26. xxvi. is there a history of substance abuse?
27. xxvii. which of the statutory factors that govern time-sharing determinations in Florida militate in favor of or against the proposed relocation?

Call us at: (561) 363-3400 to consult with a Palm Beach Gardens divorce lawyer about child custody relocation.