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Posts tagged "custody"

Jurisdiction

In Florida, the court will not have jurisdiction (legal authority) to enter a dissolution of marriage or divorce until at least one of the two parties has been a resident of Florida for six months. This means that if a couple moves here and decides that the marriage is over, they will have to delay filing their petition until after they have been here six months. This is a factual question and a false residency affidavit will invalidate any court order entered in reliance upon it.

RELOCATION

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.

Child Custody

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.

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