Family Law FAQ
Family Law Frequently Asked Questions
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What Is the “Child’s Best Interests” Standard in a Child Custody Case?Child custody cases in Florida are determined by the best interests of the child. As a general rule, the courts hold that ongoing and frequent contact with each parent is a child’s best interest. However, this is not necessarily the case if a judge has reason to believe that contact with one or both of the parents could be to the child’s detriment. To determine the best interest of a child, the court considers several factors, including the health and safety of the child, the child’s emotional and developmental needs, the moral fitness of the parents, as well as the ability of the parents to communicate and co-parent. Having examined these factors, the court will make a decision about the type of custody arrangement and parenting plan that is best for the child.
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What Are the Benefits of Divorce Mediation?Mediation is the process in which a neutral third-party helps couples negotiate the terms of their divorce. Settling divorce disputes through mediation offers several benefits, including: • Reduced costs • Faster results • Greater control • Less stress • Increased convenience • Confidentiality • Preservation of relationships To learn more about the mediation process and whether it is right for you, reach out to our mediators in Daytona Beach today.
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What Can Enforcements and Injunctions Be Used For?In general, enforcements and injunctions are court orders that demand one party perform or refrain from a particular action. Within family law, injunctions, or restraining orders, are usually issued to protect spouses and children from an abusive spouse or parent. When one party fails to keep the obligations of a family court order, the other party may request an enforcement to ensure that the order is upheld. Enforcement proceedings are commonly used when one party fails to keep the terms of their: • Alimony agreements • Child support payments • Child custody arrangements • Property division settlements • Modification orders • Visitation agreements
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What Is Domestic Violence?Domestic violence in Florida refers to a variety of abusive behaviors that result in the harm of another individual who is a family or household member. That includes current or former spouses, individuals related by marriage or by blood, those who have previously or are currently residing together, and parents who had a child together. Typical forms of domestic violence in Daytona Beach include: • Stalking • Kidnapping • Sexual assault • Assault • Battery
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How Are Child Support and Alimony Calculated in Florida?If you are going through a divorce, you may be concerned about how much child support or alimony you can receive or will be expected to pay. Alimony is ordered to ensure that both spouses have an equal opportunity of maintaining the same standard of living they enjoyed during the marriage. The higher-earning spouse makes payments to the lower-earning spouse. The amount of the payment is determined based on one party’s need and the other party’s ability to pay. This involves the consideration of a variety of factors, including the length of the marriage, each party’s contribution to the marriage, and the ability of the unemployed spouse to obtain work. Child support, on the other hand, is determined based on Florida’s statutory guidelines. To calculate a child support payment, the court considers the total income of both parties, minus any deductions. The child support order is ultimately determined by what amount is needed to cover the child’s basic living expenses, including food, shelter, childcare, education, and healthcare.
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What Is the Difference Between Contested and Uncontested Divorce?There are two types of divorce in Daytona Beach: contested and uncontested divorce. An uncontested divorce is typically preferred because they can usually be completed with far less hassle and in far less time. However, to go through the uncontested divorce process, the couple must reach an agreement on all significant divorce-related issues. These issues include: • Property division • Debt allocation • Alimony • Child support • Child custody • Visitation When there is disagreement over one or more of these issues, the couple will need to go through the contested divorce process. In such cases, the couple will either need to hire a divorce mediator to help them through the negotiation process or have the family court decide for them.