Sole Custody Frequently Asked Question: I'm a Miami, Florida resident who wants "sole custody" of my child - I don't trust the father (or mother) with my son (or daughter). Answer: In the State of Florida, it is public policy to encourage separated or divorced parents to share in...
Collect Child Support A lot of questions posed to Miami family law attorneys revolve around the collection of child support payments. Under Florida Statute 61.1301 (2014), most child support payments are made by income deduction (commonly referred to as "garnishment"), which is typically established when the Florida...
What is a Parenting Plan? In a Florida Dissolution of Marriage (Divorce) Proceeding, if the divorcing couple has minor children they must devise a "Parenting Plan". Of course, the first question that I am usually asked after telling my client that we need to develop a "parenting...
Florida Child Visitation Rights & Electronic Communication Florida Child Visitation Rights. Sometimes life events interfere with the quality of the relationship that you would like to foster with your son or daughter. Be it that you had to move, your schedule at work is cumbersome or...
Late Child Support Payments & Visitation We receive a lot of questions regarding Late Child Support Payments. One question that is frequently asked of us is "If my ex-spouse is late with child support or alimony payments, can I legally refuse his/her request to see our child under...
What is A Child's Primary Residence As we've mentioned in a prior post, the mother of the child does not automatically receive custody of the children in a Florida Divorce. Instead, the courts make the determination using the best interest of the child standard. Under Florida Statute...
In a Divorce Who Gets the Children? Does the mother of the children usually receive custody of the children? This is a common question that is asked by parents in Florida Child Custody Cases. The answer is - not necessarily. Under Florida Statute §61.13 (2014), the...
Best Interest of the Child In Florida, a Parenting Plan, either Supervised ("Safety Focused") or Unsupervised, is required in all cases involving time-sharing (custody) of minor children. At a minimum, the Parenting Plan must describe (in detail) the responsibility for the daily tasks that are necessary...
What do Family Lawyers do on a Daily Basis? Family Lawyers deal with issues that may legally alter the structure of the family unit. These issues commonly include the Dissolution of Marriage (Divorce), Annulments, Adoption, Child Visitation, Parental Time-Sharing (Custody), Paternity, Post-Divorce Modification or Enforcement, Parental...