How Do Kids Affect Filing for Divorce?

Are you considering getting a divorce? Understandably, this can be an overwhelming time in your life. Even if you already know the basic steps of petitioning and filing for divorce in Florida, things may be more complicated for you and your spouse if you have children. Even though Florida is a ‘No Fault’ divorce state, meaning you do not have to prove that your partner engaged in any inappropriate behavior to start the divorce process; you still could have lots of questions about how you and your spouse will handle parental rights of your children. Keep reading to learn more about how having a child can affect your divorce in Florida.

Child Custody Divorce Laws in Florida

Unlike some other states in the U.S., the public policy of Florida is to promote the ability of each minor child to frequent and continual contact with both parents after the parents have separated or divorced. Florida also encourages parents to share the responsibilities and rights of child rearing. No matter what age, sex, or any other distinguishing factors, both parents are given the same consideration in determining time sharing of the child(ren).

After most divorces in Florida with kids, parental responsibility for the minor child(ren) will be shared by both parents so that each parent retains full right and responsibilities. Sometimes separating couples will agree (or the court will order) that one parent has the final say when it comes to specific aspects of the child(ren)’s care such as: education, medical and dental needs, religion, or removal from the area.

Very rarely, the court can order total parental control and responsibility to one parent. In order for this to happen, the court must determine that shared parental responsibility would be detrimental to the health and wellbeing of the child(ren). The final determination of the court is always based upon what the court believes will be in the best interest of the child(ren).

Child Support Laws in Florida

Child support after filing for divorce in Florida is based on many different factors. However, you and your spouse have a responsibility to support your child(ren) until they are 18 years of age, marry, or become financially independent.

Child support can be made through direct payments or through indirect benefits such as mortgage payments, medical or dental expenses, or insurance. Some of the other issues concerning child support that will be considered during the process of your divorce will be: the amount of support required, when child support may be increased or decreased, the method of payment, how to ensure that payments are being made, and who claims the dependency deduction for tax purposes.

Family Matters Law Group was founded with the specific goal of providing solid legal guidance and support to families experiencing issues. No divorce is ever completely frictionless, no matter how amicable the breakup. Divorce is even more complicated when children are included. The skilled attorneys at Family Matters Law Group take each case individually and provide their clients with the patience and understanding necessary to properly handle their individual needs and goals. Contact us today to discuss your divorce and how Family Matters Law Group can achieve the best possible result for you and your family.