Family law is often challenging and emotionally taxing on relationships, from parents and children to extended family and friends and covers a broad array of matters, including:
- Adoption
- Divorce
- Dependency
- Guardianship
- Prenuptials and post nuptials
From the joyous moments of marrying your spouse or adopting a child, to the more disheartening and tumultuous ones of having to terminate parental rights, there are several questions that individuals often ask.
5 Family Law Questions: Asked & Answered
Here are the answers to five of the more frequently asked questions from each of the aforementioned areas of family law.
Adoption
Q: Can a stepparent adopt their spouse’s child. If so, what parenting rights will they have in the State of Florida?
A: Oftentimes, a stepparent may form a strong bond with their stepchild to the extent that they wish to adopt the child. Stepparent adoptions are allowed in Florida, and the process allows you to give the child your surname, participate in all of their major decisions, assume legal responsibility for their welfare, be named their parent on their birth certificate, and receive an expedited completion for uncontested adoption. The “other” biological parent must be involved in the action, and if they have an opinion, the court will consider it.
Divorce
Q: Is there a difference between negotiated and contested divorce agreements?
A: Yes—there is a difference between a negotiated and contested divorce agreement. A negotiated agreement happens when both parties are able to reach a mutually acceptable marital settlement. However, that is not always the case.
In the event that both parties are unable to reach an agreement, it becomes contested, which means that the case go to a judge, who will analyze both arguments and evidentiary support to decide on the key details of the divorce. Even in contested cases, an agreement is still possible through the mediation process, where a neutral person guides the parties in an attempt at resolution, which is often successful.
Dependency
Q: What does the dependency process look like in Florida?
A: The dependency process most often starts when an allegation is reported and the Department of Children and Families (DCF) investigates it. Depending on their findings and if the dependent is in imminent danger (abuse, abandonment, neglect, etc.), the child may be removed from their parent(s) or guardian(s).
At that point, the process begins and may generally include several different hearings, such as a Shelter Hearing within 24 hours of the child’s removal, an arraignment hearing, or adjudicatory hearing.
If the case is proven, then there will be a disposition hearing, judicial review, potential reunification, or termination of parental rights. Judges preside over these hearings, making decisions as to the child’s current best interest.
Guardianship
Q: How many types of guardianship exist in Florida?
A: There are several types of guardianship, including these common types that exist in Florida, including:
- Guardianship of a minor
- Voluntary guardianship
- Limited adult guardianship
- Plenary (full) guardianship
Prenuptials and post nuptials
Q: Is your prenuptial or postnuptial agreement enforceable?
A: It is not impossible to find a prenuptial or postnuptial agreement unenforceable under Florida law. In fact, fraud, duress, overreaching, or involuntary agreement are common claims that are made to render the agreement void.
In order to ensure their enforceability, it is important that both partners carefully review the agreement, ideally with the assistance of a family law attorney, and disclose full and accurate financial records prior to signing it.
Hiring a Family Law Attorney to Accurately Answer Your Questions
Family law covers a wide range of issues. The above were only five of some of the most frequently asked family law questions.
If you have any questions regarding family or other areas of law, contact our team at Apfelbaum Law to learn more about how we can help you with your case.
