Spousal abuse or child abuse can have a significant effect on a divorce and child custody or visitation issues. The most profound effect, however, is on the emotional aspects of the processes. Health and safety concerns are at the forefront of the proceedings, even more so than the average case. Domestic abuse can affect the outcome of both your divorce and any custody disputes.
Children are an important part of many family law disputes. Unfortunately, however, they are not able to voice their opinions and preferences in a meaningful way in many circumstances. Even when they do, they may not fully understand or appreciate which plan of action will really be in their best interests over the long term. In addition, parents sometimes cannot separate their own needs and wants from what is best for their children as well. In these situations, using a Guardian Ad Litem is often a good idea.
From ancient times, paternity has been an issue since the biological mother of a child is a verifiable phenomenon, but the biological father may, in some cases remain a mystery. Two recent facts have complicated this confusion: [1] it has become much more acceptable for a woman to have a baby without being married or even in a committed relationship and [2] modern medical advances have made it possible to have babies through sperm donors, often anonymous donors not related biologically to the child.
Although there should be no difference between the rights of divorcing fathers and mothers, there does seem to be some discrepancies in practice. In fact, according to one source, women are awarded primary legal custody in 90 percent of divorces. Then, the father pays child support and gets visitation rights.
Just because you are finished with your family law trial, that does not mean that your case is over. Both parties have the option to appeal the case if they do not think that the result is fair or in line with the applicable law. The family law appeals process allows you to challenge the factual or legal conclusions that the court has reached.
When parents divorce or separate, they will often create a parenting plan that sets out when their child will reside with each parent and how major decisions regarding the child will be made. In fact, parenting plans are required in any divorce that involves children in Florida. That means that if the parents are unable to agree to create their own parenting plans, the Court will create one for them.
Every divorcing couple that has children in Florida must create a parenting plan as part of their divorce “package.” The parenting plan is formally known as a visitation schedule or custody arrangement.
Alimony is used as a means to stabilize the financial resources between spouses after or during a divorce. Alimony in Florida is also referred to as “maintenance” or “spousal support.” Generally, the spouse with the higher financial resources will provide periodic sums or a single sum to the spouse with lower resources, at least until he or she can establish a way to support him or herself.
