In the relationship between couples and family members, situations and conflicts may arise that are difficult to deal with. Florida has certain laws and regulations relating to Family Law matters for resolving these issues and conflicts, so it is very important to rely on the legal advice from lawyers in Florida.
There are a variety of Family Law related situations that may arise, such as:
Modification of child support and alimony: orders for modification of child support and alimony may be modified under specific conditions, such as significant changes in circumstances. The most common causes are a change of income, either an increase or decrease, for either the paying parent or the recipient; a change of the parents’ time-sharing with the child; or when child-related expenses change.
Child Custody: child custody is mainly determined by the best interest of the child, but courts also look at a variety of other factors when making child custody determinations.
Visitation and time-sharing: this is detailed in a parenting plan that regulates aspects such as the time-sharing agenda, contact between parents, and the child’s traveling out of state.
Paternity: in the State of Florida, when a child is born to a married woman, it is assumed that the father is her husband. If the woman is not married, she may voluntarily establish paternity, along with the father, presenting a sworn statement. Otherwise, the father, mother, or a State agency may go to Court to establish the paternity. Termination of parental rights can also be a complicated process with limited options.
Pre-nuptial and post-nuptial agreements: these agreements establish how spouses want their property to be divided in the event of a divorce. For example, when one of them has valuable assets, they can ask for a prenuptial agreement to protect them; or a parent can protect the rights of their children in the event of death, making sure that they cannot be disinherited. However, for these agreements to be valid, they must be drafted and implemented in accordance with the laws of the State of Florida. For this reason, it’s important that you find an experienced Florida family law attorney to draft your prenuptial or post-nuptial agreement.
Divorces: the dissolution of marriage consists of different stages in which the spouses try to negotiate the terms of each key aspect affecting the marriage, such as the division of property, child support, and custody regime of their children. If the parties do not reach an agreement, even with the intervention of a mediator, the divorce proceeding, and the key aspects affecting such divorce, would likely be determined by a judge. Therefore, it is very important to have the advice of a divorce lawyer in Florida.
Enforcement and Contempt: a fundamental step is to get a favorable ruling, but it is equally important to ensure that what is stated in writing is being fulfilled in reality. If an agreement or ruling is not being followed, the damaged party can seek court intervention to enforce compliance of the ruling or agreement on the non-complying party.
Apfelbaum Law understands the sensitive nature of Family Law matters, and can assist and advise its clients on how Florida law governs family relationships and can protect their rights.
If you have any questions related to Family Law in Florida, or have other questions about legal services in Florida, please contact us for a consultation. Our family law and divorce attorneys provide legal services in Port St. Lucie, Stuart, Vero Beach, the Treasure Coast, and throughout other Florida counties.