Family Law FAQs

Florida Family Law FAQs

What is timesharing: timesharing is when the parties agree or a judge determines at trial when each parent will see their child(ren) and how often.

Paternity: did you know that if you are married and your wife gives birth to another man’s child that you are legally deemed to be the biological father of that child. You will be responsible for child support and all other rights the child is entitled to. Please call the law office of Sacks & Sacks if you are in this unfortunate situation. We can make sure that paternity is disestablished so that you are not legally responsible for a child that is not your’s.

Same sex marriages: did you know that same sex marriages are now considered valid in the state of florida? Did you know that same sex marriages can be dissolved in the state of florida? If you are a party to a same sex marriage you have the same rights as a party to an opposite sex marriage. Call the law office of Sacks & Sacks so that you can be advised of your marital rights.

Child custody/timesharing evaluations: did you know that parties can agree or a judge can enter an order requiring a child custody or timesharing evaluator to meet with the parents of a child; the child(ren) and any other witnesses that are deemed necessary to make a recommendation to a judge as to what is in the best interest of a child? Not all evaluators were created equal. As in any profession, you have the good and the bad. Please contact the law office of Sacks & Sacks so that we can make sure that the best possible evaluator is appointed to your case. You need an evaluator that is neutral and unbiased so that you are in a position to achieve your goals regarding your children. Choosing the wrong evaluator can have a negative impact on your case.

What is Child Support? All children in the state of Florida are entitled to child support. Child support is to be paid by both parents and the amount is based on the parent’s income. Failure to pay child support could lead to a driver’s license suspension, incarceration, and more. Child support applies to people getting divorced and to people who were never married to each other.

What is Spousal support? Depending on the parties financial circumstances and so long as the parties are married to each other, one party may be entitled to spousal support while the divorce is pending and possible permanent alimony when the case is finalized.

What is a Parenting plan? There are different types of parental responsibility in Florida: shared parental responsibility and sole parental responsibility. Most parties have shared parental responsibility where both parents work together to make decisions that are in the best interest of the child(ren). In some circumstances one parent is deemed unfit and the other parent is awarded sole parental responsibility. That parent solely makes all decisions regarding the best interests of the child.

Who gets custody? Custody is based on a determination of where the child(ren) will live. In some instances, one parent may have majority time sharing (having the child each week and every other weekend. The other parent will have the child every other weekend.) Joint custody is when the living arrangement is 50% for the mother and 50% for the father. All holidays are usually divided equally but the parents have latitude to be creative.