For those going through a divorce, child custody and alimony are likely two of the most contentious issues. Both have far-reaching impacts on an individual's family and way of life. Now the methods judges use to make determinations about these issues in Florida may be changing.
In every divorce there is going to be a financial settlement that must be approved by the court. Even if the parties agree that each will take what they own and agree not to have either pay the other anything, that is still a financial settlement. In order to approve a settlement the court must find that there has been adequate financial disclosure of the parties' assets, debts and income.
In any divorce or paternity action the question of relocation comes up: Can I move away with my child? If there is no pending action or court order entered dealing with the custody and control of the child, you may move anywhere.
Once a parenting schedule is in place (see my blog on Child Custody), child support can be calculated. It must be calculated in a specific fashion and the parents may not agree to waive that obligation. The right to receive support belongs to the child and the parent cannot waive the child's rights.
When people divorce, the first question that comes up is "Who gets custody of the children?" Today in Florida, the answer is "No one gets custody." The reason for this is that Florida has done away with the legal concept of custody of children. In Florida the statute provides that there is a presumption of shared parenting. This means that although the divorce or dissolution of the marriage will end the legal relationship between the husband and wife, the legal relationship between the mother and the children and between the father and the children remains in place.