South Florida Family Law Blog

After getting divorced, people may want to relocate within the state of Florida or move out of the state for any other number of reasons. For parents, however, there may be more to it than just making the decision to move and packing up. If they plan to take their children with them, they may require permission.

According to the Florida Supreme Court, approval is necessary in cases when people plan to move their children’s primary residences 50 miles or more from their locations at the time of the last child custody order. This is the case provided the relocation is for a period of 60 consecutive days or more and is not for the purposes of vacation or the child’s education or health care. People may obtain permission to relocate with children by reaching agreements with the noncustodial parents or by petitioning the court.

Divorce is often difficult for every family member, especially the kids. Divorce inherently brings numerous changes to a child’s life, but there are some ways parents can help ease their children into those changes. One way you and your ex can do this is by implementing a parenting situation called “birdnesting.”

Birdnesting allows children to stay full-time in the marital home, instead of switching from one parent’s house to the other parent’s house. Although the children maintain a consistent residence, birdnesting still allows them to maintain frequent contact with both parents. To make this work, the parents take turns caring for the children in the marital home according to their custody schedule.

In Florida, and in many other states in the country, marital property is split in a fair and equitable fashion. Whether a judge presiding over the case determines who is entitled to what in the divorce settlement or the couple negotiates the terms of the divorce through mediation, dividing marital property can be daunting. Both parties are responsible for disclosing all marital property they have in their possession. However, this includes more than the family home, vehicles, furniture and belongings.

There are items that may get passed over but should be included as marital property in the divorce settlement. Some of these items include the following:

•          Expensive art, antique, car and coin collections
•          Memberships to exclusive golf or country clubs
•          Lottery ticket winnings and income tax refunds
•          Intellectual property, such as patents, trademarks, copyrights and royalties

Florida dads play an important role throughout their child’s life. For unwed fathers who wish to have a relationship with their child, but have split with the mother, it is challenging. At The Minaya Law Offices, PLLC, we have experience representing clients who want visitation rights or joint custody of their child.

According to Verywell Family, establishing paternity is a priority. When a child is born to a committed couple, but outside of marriage, paternity is not legally presumed. As a result, the father has no rights regarding custody, visitation or in making decisions about the child’s welfare. Ensuring your name is on the birth certificate is the most straight forward way to prove you are the dad. If your ex contests your claim, you may petition the court and take a paternity test.