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October 2014 Archives

What are the visitation rights of a grandparent in Florida?

Florida courts will grant a grandparent reasonable visitation with their grandchild if the court deems it to be in the best interests of the child. In order for a court to award visitation, one of the parents must have deserted the child, the child was born out of wedlock or the child's parents' marriage ended in dissolution.

Shared parental responsibility in Florida custody cases

Parents undergoing a child custody dispute can expect that most family courts will assign parents shared responsibility for their children, even when one parent may have primary residential or physical custody. Custody decisions encompass more than just determining with which parent a child will primarily live. It also involves courts determining how major decisions that affect the children's lives will be made.

What is a parenting plan?

A parenting plan is a blueprint for the resolution of challenges that parents and their children may face prior to, during and following a dissolution of a marriage. Florida law changed the way that parenting issues are governed in divorce proceedings in 2008, and the biggest change is the requirement that a parenting plan be developed for every child involved in an action for dissolution of a marriage.

How is property distributed in a divorce in Florida?

In a Florida divorce, judges follow the principles of equitable distribution in dividing the marital assets and debts between the spouses. Each person keeps all non-marital assets, including property he or she owned prior to the marriage, any inheritance left to him or her, personal injury lawsuit proceeds, gifts made to one spouse by a third party and any property that has been deemed non-marital through a written or prenuptial agreement.

Florida prenuptial agreements

In Florida, prenuptial agreements, called premarital agreements, are a type of contract people enter into prior to the marriage that become effective once the marriage occurs. Couples can sign agreements regarding such things as spousal support, property rights, division of assets, choice of law covering the agreement and how life insurance proceeds will be distributed in the event a death occurs. Premarital agreements cannot contain a clause adversely affecting the right of a child to future support, however.