Child Custody / Child Support Issues in Miami
Thank you for visiting My Miami Family Law Attorney. Our practice focuses on children when divorce becomes part of their lives. We have experience in working through Child Custody and Child Support issues. Additionally, you can visit our “Why hire us” page to see what separates us from the other Family Law attorneys in and around Miami.
The attorneys at the Family Law Offices of “insert attorney name” in Miami practice specifically in the areas of Child Custody and Child Support issues. We will not take any chances with your future. Call us for an appointment.
Overview
- In Miami the best interests of the children are the #1 priority in determining custody in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.
- Florida law states that the court is responsible for determining all issues pertaining to child custody and shared parenting.
- According to the Florida Child Support Guidelines, the non-custodial parent pays child support.
Determining Custody
- Florida courts consider the best interests of your children when determining which parent will have custody.
- Factors include:
- A loving and stable home environment
- Which parent will allow the children frequent contact with the other parent
- The relationship between parent and child and siblings
- Who can meet the child’s needs best
- The health of each parent – physical and mental
- If the child is older, who would they want to live with
Custody
- Shared Parental Responsibility (Joint Legal Custody)
- Florida law prefers Shared Parental custody – Florida Statute 1.13(2)(b)1.
- Florida child custody laws state that both parents share decision making equally:
- Medical
- Religion
- Education
- Activities
- One parent is the primary residential parent.
- The other parent has frequent visitation:
- Alternate weekends
- Alternate holidays
- Sharing summer vacation time
- Sole Parental Responsibility
- In some cases, the court will grant sole responsibility to one parent.
- This occurs in instances of abuse or neglect.
- The children will have a primary residence.
- One parent will make major decisions for the children.
- Rotating Custody
- Child spends equal time with both parents.
- Not favored by the courts.
- Live in 2 different states
- State of Florida has implemented a version of the Uniform Child Custody Jurisdiction and Enforcement Act.
- Deters controversy and promotes cooperation for custody disputes between the 2 states.
- It keeps child custody proceedings in Florida.
- Removing the child from Florida during proceedings can be a violation of Florida law.
Child Custody Modifications
- Can be modified if the parent’s circumstances change and it affects the best interests of the child.
- This can include not doing well at school, the parent’s lifestyle or a parent relocating.
Relocating
- If a custodial parent wants to move more than 50 miles from the primary residence, it must be agreed upon in writing by both parents.
- If the parents cannot agree on this move, the court will step in.
- The residential parent must file a Notice of Intent to Relocate.
- Must be given to the non-custodial parent who has visitation rights.
- If the non-custodial parent objects, the custodial parent must file a Supplemental Petition for Relocation.
- The court can grant a temporary restraining order so the child cannot move until a hearing is held.
Visitation Rights
- Miami law makes sure that the non-custodial parent will have reasonable visitation.
- The court will issue a visitation schedule.
- The schedule is determined by the age of the children:
- Limitations on weekdays due to homework, etc.
Child Support
- It is the responsibility of each parent to support their minor children.
- Child support covers the needs for a child while growing up.
- The support continues until the child turns 18, becomes emancipated or gets married.
- Florida State legislature determines the amount paid by using statutory guidelines – Florida Statute 61.30.
- Courts take into consideration any medical needs and the parent’s financial obligations, etc.
- The amount is determined based on:
- The net income of both parents
- Number of children in the household
- Overnight visits with non-custodial parent
Child Support Modifications
- Can be modified if the payer’s income increases or decreases.
- Can be changed if a new child comes into the picture through remarriage.
- This modification must be done through the court or you will be found guilty of contempt for non-payment.
No Child Support
- If you are not receiving child support, you can ask the court for an enforcement order.
- If the support still isn’t received, they can be fined and/or jailed.
- The court can also order your spouse to pay reasonable court costs and attorney fees that incur.
- Not paying child support does not mean denial of visitation.
Conclusion
We focus on negotiations and resolutions. We know how to make this process easier on you and your children. Call us at the Family Law Offices of “insert attorney name” in Miami because we care about you.
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