Stepparent adoptions are a relatively easy process in Florida so long as the stepparent is the spouse of the child’s parent. Florida law once prohibited gays from adopting children but that provision was struck down as unconstitutional as violating the due process rights of the person wishing to adopt. Still, prior to the 2014 US Supreme Court decision that allowed same-sex couples to legally marry, a partner of a gay parent was unable to adopt the parent’s child under traditional means since gay marriages were still invalid. But since the court decision that legalized same-sex marriages in...

Child support is an obligation of every parent. When the parents are unmarried, separated or divorced, then the parent who has the smallest percentage of parenting time or the one with whom the children do not primarily reside, will generally have to make child support payments to the other parent. These payments contribute to the child’s well-being by helping with medical care, educational expenses, recreational and other activities for the child’s benefit. At some point during the divorce proceedings, or when the parents separate or paternity is established, the court will set the amount of...

When parents with minor children divorce or separate, Florida law requires they draft a parenting plan that establishes, among other things, a time-sharing schedule and parental responsibility. The parenting plan also sets out a schedule as to when each parent has parenting time, means of communication with the children, financial responsibilities relative to the children, etc.. A court-approved parenting plan is a court order and if violated can result in a party having to pay court costs and attorney fees as well as possibly relinquishing legal or primary custody and other sanctions. However,...

Under Florida law, “child custody” is an obsolete term. Custody is now referenced as parenting time with equal time favored by the courts, but with one parent enjoying the majority of parenting time in most instances. Still, it is the policy of the courts for both parents to have continuing and frequent contact with their children unless there are exceptional circumstances. But there are situations when a parent may want sole parenting time to the exclusion of the other parent, but who may be granted visitation rights with or without limits or supervision. To obtain sole physical and legal custody...

Paternity is about establishing the identity of a child’s father for purposes of having the father contribute to the support of the child and/or establish parental rights. In the majority of cases, the father’s identity is not at issue especially if the parents are married to one another. If married, the law presumes the husband is the child’s father, and he has a legal obligation toward the child born of the wife. But most paternity suits involve non-married persons and are brought by the mother against a person she alleges is her child’s father. In these circumstances, paternity is established...

The courts typically favor joint or equal parenting time with the children where the children’s time is split fairly evenly with each parent. This is not always possible if a parent lives a far distance from the other parent’s residence or the child’s school, a party’s work schedule cannot accommodate equal parenting time, or there are other issues affecting this type of arrangement. In extreme circumstances, some parenting plans may give one parent sole parenting time. Typically though, parenting time is divided on a percentage basis. In any case, the parents (or the courts if the parents are...

There are times when an extended family member will want temporary custody or concurrent custody of a child who is not their own. To do so, the family member will need to file a petition with the court. The filing fee for this is about $400. Temporary Custody Temporary custody refers to the parents of the child permitting an extended family member to temporarily become the child’s “parent.” This will allow that individual to live with a child who is not his or her own and includes making decisions regarding the child’s medical, educational and recreational needs and wants. It also allows the...

Your marital status on the final day of the year determines how you may file. Married couples generally file jointly but if you are divorced as of December 31, you can file either as single or as head of household, so long as you qualify. Being separated or subject to a child support order does not affect your status although you can claim head of household if you are not divorced. Separated or Married Generally, you can be considered “unmarried” if you are legally separated as of December 31. Because Florida has no legal separation status, you are considered married even though you can have...

Domestic violence is an ongoing problem in many communities. Many women seek refuge in shelters and/or apply to the court for a protective order or injunction against the abuser, who is the respondent in a petition for an injunction. Not all victims of domestic violence are women and the perpetrators can be male or female. Further, domestic violence does not always occur in the context of a marital relationship. An injunction is a court order that prohibits a spouse, family member, household member, or even an unknown stalker from engaging in offensive conduct or from any contact at all against...

When a married couple divorces the most contentious issue other than parenting time for the children is usually the division of property, which is required in a dissolution. Property is either personal or real. Personal property, including intangible property, includes motor vehicles, furniture and appliances, jewelry, gun and stamp collections, life insurance policies, retirement accounts, stocks and bonds, bank accounts and other assets. Real property is of course real estate and includes the marital home. In any divorce, property is categorized as marital or non-marital. Generally, non-marital...