Family Legal support in Florida

Child & Family Support

Divorce & Separation
Child & Family Support
Legal Process & Appeals

Child Custody Laws in Florida

In Florida, child custody is referred to as “time-sharing,” and the goal is to ensure the child maintains a meaningful relationship with both parents. Custody decisions are made based on the child’s best interests, not parental preferences. Florida courts typically favor joint custody, known as shared parental responsibility, where both parents share decision-making authority. Factors that influence custody include each parent’s willingness to foster a relationship with the other parent, the child’s needs, parental moral fitness, mental and physical health, and the child’s preference if they are of sufficient age and maturity.

Key Considerations:

  • Florida encourages parents to come to a mutual time-sharing agreement.
  • If parents cannot agree, the court intervenes to determine an arrangement.
  • Courts emphasize stability and maintaining continuity in the child’s education and living environment.

Child Support Laws in Florida

Florida allows the modification of child custody, support, or alimony orders if there’s a substantial, unanticipated change in circumstances. To qualify for a modification, the change must be significant enough to alter the current arrangements, such as a parent’s relocation, job loss, or substantial increase or decrease in income. Modifications are intended to keep the arrangements aligned with the evolving needs of the child or the changing financial situation of the parents.

Key Considerations:

  • A petition must be filed in court to request a modification.
  • The court will evaluate whether the change benefits the child’s best interest or is necessary to reflect new circumstances.
  • Modifications to alimony and child support require evidence of significant financial changes, while child custody modifications require proof that the current arrangement is no longer serving the child’s best interests.

Modification Laws in Florida

Child support laws in Florida aim to ensure that children receive adequate financial support from both parents after a separation or divorce. Child support is determined by state guidelines that factor in both parents’ incomes, the time-sharing arrangement, and the child’s specific needs, such as medical care and education. Florida courts use a formula to calculate child support, with both parents expected to contribute, but the non-custodial parent usually provides direct payments to the custodial parent.

Key Considerations:

  • Child support covers the child’s basic needs, including housing, food, education, and health care.
  • The amount of support is calculated based on the income of both parents and the number of overnight stays the child has with each parent.
  • Support orders can be modified if there is a significant change in circumstances, such as income adjustments or changes in time-sharing.
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