Gulfport Family Law Attorney
The James R Kennedy law firm is your Gulfport Family Law attorney.
Family law in the State of Florida consists of Spousal Support, Child Support, Parental Responsibility and Time-Sharing. Family law issues are quite stressful. Personal feelings often cloud your judgment. We can offer calming, sane advice, separated from personal feelings which will help to establish sensible expectations which can save you time and money. It is times like these that you need personal attention from an experienced lawyer.
- Paternity – In cases where the parents are unmarried, paternity must be determined before Parental Responsibility, Time Sharing and Child Support may be ordered and enforced.
I can help you with petitioning the Court to establish paternity and parental responsibility, child support and time sharing.
- Parenting Plan: In all cases involving minor children, it is required by the Court that there be a Parenting Plan which can either be agreed to by the parties or imposed by the Court.
In a divorce with children, each party is required to abide by a court adopted Parenting Plan.
- Parental Responsibility – Florida statues define Parental Responsibility. A parent may be awarded Shared Parental Responsibility, Shared Parental Responsibility with one parent having ultimate decision making, or Sole (Fla. Stat. § 61.13)
Shared parental responsibility means that both parents have full rights and responsibilities for the children involved and this includes decision making authority. Any major decisions shall be agreed upon by both parents.
Shared parental responsibility with Ultimate Decision Making Authority is assigned when parents cannot agree on major decisions, then the Court decides which parent has the ultimate authority to make major decisions such as Education and Non-emergency Healthcare.
Sole parental assigns one parent to solely make all decisions regarding the child. This is very unusual, as the Court does not generally award sole parental responsibility.
- Time Sharing – Time sharing sets each parent’s time with his or her minor children. The best interests of the minor child(ren) is the first consideration of the Court.
Child Support: Florida Child Support Guidelines are established to provide uniformity state-wide when child support is determined by court. (Fla. Stat. §61.30 http://www.flsenate.gov/Laws/Statutes/2016/61.30 The basics of the child support guidelines calculations are the parents’ monthly income.
Florida child support guidelines also state that child support continue until the age of 18 or beyond if…”…dependency is because of a mental or physical incapacity which began prior to such person reaching majority or if the person is dependent in fact, is between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19.”.
- Modification – In cases with minor children, all matters are be modifiable (including child support and timesharing) based on a substantial change in circumstances, since the prior ruling.
- Relocation – Relocation is a change in residence of the parent by more than 50 miles for more than 60 days.
The reasons for the relocation and the relationship which both parents have with their minor child are critical factors.
If you need assistance with issues such as separation, child custody and spousal and/or child support, contact us. As your Gulfport family law lawyer, we are happy to answer any questions you may have.
We offer a free initial consultation either by telephone or live in person. Call us today.