Family Law Attorneys in Orlando

In Florida, a party seeking a divorce does not need to prove fault. Instead, the party must merely allege that the marriage is irretrievably broken and that either the party or the party's spouse has lived in Florida for at least six months prior to filing for divorce. In the petition, the party will set forth the relief sought, which can include not only a dissolution of the marriage but also a division of child custody and provisions for child support and spousal support. In some cases, the parties cannot come to an agreement on these issues. An Orlando divorce attorney can advocate for a spouse in any ensuing litigation.

In Florida, if the parents of a child can agree on how custody should be divided, they can present a parenting plan to the court that outlines matters such as how the parents will share responsibility for the tasks associated with raising the child and the schedule for time-sharing. If the parents cannot agree, the court will determine custody based on what is in the best interests of the child. There is a presumption under Florida law that it is in a child's best interests for the parents to share parental responsibilities and rights. Thus, the court will issue an order granting the parents shared parental responsibility unless such an arrangement will be detrimental to the child.

While all parents have a duty to financially support their children, not all parents have the same financial means. Thus, in many instances, a court will order one parent to pay child support to the other parent. Generally, a child support obligation will continue until a child turns 18. A court will look at the combined income of both parents, which includes earned and imputed income, and the number of children being supported to determine an appropriate support obligation. A divorce attorney in Orlando can advocate for a child support arrangement that meets your needs.

Establishing paternity is critical to protecting parental rights and enforcing parental obligations. In Florida, a child born to a woman who is married to a man is presumed to be the man's child. If a child is born to parents who are not married, paternity can be established in two ways. If both parties agree that the man is the father of the child, the parties can sign a Voluntary Acknowledgement of Paternity, which they can then file with the court. If the parties do not agree regarding paternity, either party can file an Establishment of Paternity Action. After the action is filed, the court will weigh evidence, which may include the results of a DNA test, to determine whether the man is the child's father.

Under Florida law, when a parent wishes to move a child 50 or more miles from the child's current residence for 60 or more days, this is known as a relocation. A parent who seeks to relocate a child must inform his or her co-parent prior to relocating. If the co-parent consents, the parties can draft an agreement with the assistance of an Orlando divorce lawyer, establishing the terms of the relocation, and submit it to the court for approval. The court will approve the agreement if it finds it to be in the best interests of the child. If the co-parent does not consent, however, the parent seeking to relocate the child must file a petition to relocate and obtain court approval prior to relocating the child.

In Florida, fathers have equal rights to mothers with regard to child custody and child support. Prior to attempting to assert his rights, a man must prove that he is the father of the child. After paternity is established, a man can seek custody rights, such as time-sharing and parental responsibility. A court will consider multiple factors in determining custody, all of which relate to what is in a child's best interests. For example, a court may consider each parent's ability to care for the child, including their mental and physical health, the child's needs, and the moral fitness of each parent.

The FAB Law Firm's seasoned attorney's are dedicated to helping their clients protect their interests and assert their rights. They represent people who need a divorce lawyer in the Orlando area or elsewhere in Florida. You can contact our firm at 800-322-9467 or via the online form for a consultation.