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South Florida Family Law Blog

Frequently asked questions about adoption

If you’re considering adopting a child in Florida, it’s natural that you’ll have many questions. Bringing a new child into your home is an extensive process to ensure that both you and the child are happy with the arrangement. The following are a few frequently asked questions about adoption, which will give you a good idea of what to expect.

How long does adoption take?

Being the non-custodial parent is still an important role

You have just made the decision to get divorced in Florida and while you are relieved at the thought of having freedom from all of the marital woes of your past, you are concerned about how this change will affect your children. At The Minaya Law Offices, PLLC, we have helped many families to put together a plan for child custody that are beneficial to both parties. 

One of the most important things for you to remember is that if you are not granted sole custody, your role as a non-custodial parent is still incredibly important. Downplaying your influence can only hurt your relationship with your children and leave you feeling defeated and worthless. According to verywellfamily.com, there are many common myths associated with being the non-custodial parent including the following:

  • You selfishly gave up custody.
  • You are not capable of caring for your children. 
  • You do not play as important of a role as your custodial ex.
  • You are not involved in the life of your children. 

How is child support calculated?

Both you and your ex are responsible for providing financial care for your children. As a result, the courts in Florida must determine how the non-custodial parent is obligated to pay to cover essential child care costs. TheBalance.com offers information on how child support is calculated so both you and your former spouse are able to remain informed of the process.

Formulas

Tips on a successful case when seeking sole custody

If you’re seeking sole custody of a child in Florida, you’re probably aware of the importance of proving that you’re the better parent. Doing so requires taking certain steps, such as showing that child is well-cared for physically and psychologically. VeryWellFamily.com offers the following advice, which can help you establish your case in court.

How to Establish That You’re Concerned About a Child’s Well-Being

Protecting assets after marriage with a postnuptial agreement

Engaged couples in Florida usually spend much of their time dreaming and planning their wedding and honeymoon, but do not spend much time talking about finances and future situations. In fact, the thought of drafting a prenuptial agreement seems laughable for many, especially in the happy months leading up to saying 'I do.' However, once the honeymoon phase has passed and real life kicks in, thinking about the future may become more of a focus. It is in these times when a postnuptial agreement may be discussed.

Why should you have a postnuptial agreement? While it may not be for every couple, ABC News discusses some situations in which it is beneficial. Some of the circumstances in which a postnup is a good idea include:

  • One spouse quits working to raise children
  • Second marriage with kids from the first marriage
  • Joint business owners
  • Recent increase in income
  • One partner has been unfaithful
  • Expected inheritance

Same-sex marriage rights equal same divorce rights

Did you know you and your partner are entitled to the same divorce rights as a heterosexual marriage couple? It is true.

Maybe you were contemplating a divorce. Then you thought twice. You have become accustomed to your lifestyle. A lifestyle that you know will be difficult to maintain on your own because you sacrificed your personal career to make the marriage work. At the time, it was a sacrifice you were willing to make. When you said your marriage vows, you truly thought your marriage would last “until death do us part.”

Is alimony always awarded?

If you are getting a divorce in Florida, there are many things likely on your mind. One of them may be whether you will get alimony or not. You may not know if it is awarded in every case or if it is possible you will not have alimony in your case. Whether you are receiving or paying spousal support, it is a good idea to know how likely it is to be awarded in your situation.

According to the Florida Statutes, alimony is up to the discretion of the court. It may not always be awarded. The court looks at the situation and circumstances of the divorce and current financial situations, along with other factors, such as quality of life and how finances were managed in the marriage in the past. It uses this information to decide if alimony should be awarded.

How to Help You Child Understand Divorce

When it comes to divorce, many kids hold out hope that their parents will one day reunite. This hope can be emotionally damaging, especially when both parents begin pursuing relationships with other people. While you can take away the hurt your child is experiencing as a result of you divorce, you can help him or her to understand that the process is truly final (which is the first step to accepting the new family dynamic). Parenting Magazine offers advice on how to explain this to your kids. 

Maintain Distance (But Keep It Civil)

What can I do if my ex won’t pay child support?

It’s up to both parents to provide financially for their children. Unfortunately, many divorces parents in Florida are faced with non-payment of child support, which can greatly hamper a child’s development and well-being. So, what can be done if your ex refuses to pay child support? U.S. New & World Report offers the following advice if you’re faced with a former spouse who is unwilling or unable to remit child support payments.

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