LawCall™ is a weekly, thirty minute call-in show about legal topics of interest. Each week, we discuss personal injury, auto accidents, truck accidents, medical malpractice, wrongful death, slip and fall, DUI accidents and birth injuries, as well as bankruptcy, family law, divorce, landlord and tenant law, dangerous and defective products, legislative matters, and current issues in the legal world. We take your calls LIVE every Sunday at 11:35pm. Call us at 1-877-525-LAWS (5297) during the show.
This Week On LawCall™ — Divorce, Child Custody and You
On LawCall™ this week, we’ll be taking your questions about all kinds of family law problems. Do you need a lawyer to file for a divorce? How long will it take before it’s official? Who decides what the visitation schedule will be? What can you do if your ex is way behind on child support, but you can’t afford to hire a lawyer?
If you are struggling with a family law dispute, tune in to LawCall™ this Sunday, when Tallahassee personal injury attorney Jaeson Homola and his guest, Perry attorney Ray Curtis, will be answering your questions about divorce, child custody, and child support.
FAQ About Divorce And Child Custody
How is custody determined?
In Florida, the term custody is no longer used. Instead, parents have now have timesharing with their child. Traditionally, mothers were more likely to receive custody of a minor child, especially if the child was in his “tender years.” However, the tender years doctrine has been abolished, and the Court uses a “best interest” test to determine where the child should reside. The Court considers many factors in making the determination of “best interest.” While many parents are able to agree to a timesharing arrangement, not all can do so. When parents can’t agree on a time-sharing schedule, the Court will make the decision.
Who pays child support, and how is the amount of support decided?
Child support is determined by the Court, which uses the Child Support Guidelines Worksheet to calculate the amount. Several factors are considered in determining an appropriate amount of support, including if there is majority timesharing or equal timesharing between parents. Additionally, the worksheet factors in the income of each parent, and the costs associated with providing the necessities for the child, including daycare costs, health insurance, and other medical expenses.
What if the other parent doesn’t pay the ordered child support? Can he or she still see our child?
Yes! A parent can’t keep a child from seeing the other parent because of a support dispute. The Court treats timesharing and support as separate issues (except for the initial determination of the amount of support). If a parent isn’t paying child support, there are legal remedies that the Court can enforce.
What is a parenting plan?
In Florida, a parenting plan is required for divorcing parents. A parenting plan is an agreement between the parents that outlines how they will parent after the divorce. The purpose of the parenting plan is for parents to determine how they will handle parenting concerns before they arise. Some topics covered in parenting plans include: education, child care, extracurricular activities, holiday timesharing schedules, travel, communication between the parents, and more.
Do grandparents have a right to visitation?
A grandparent only has a legal right to visitation if the parent is a member of the military and must serve out of the area for more than 90 days. If that happens, the parent who is deployed may designate another family member to have timesharing on the parent’s behalf.
LawCall™ features Tallahassee personal injury attorneys, Vinse Barrett, Jimmy Fasig, Dana Brooks, Mark Nonni and Jaeson Homola, plus guest attorneys from across North Florida who answer your questions on a different legal topic every Sunday. Long-time newscaster Frank Ranicky anchors the program.
The personal injury attorneys at Tallahassee Law Firm Fasig & Brooks can help you if you have been injured. We will look at the specifics of your case and help you determine if you have a personal injury case. An attorney is always available, day or night, weekday or weekend, to take your call. Give us a call at (850) 222-3232.
