FAQ about Divorce & Family Law Tallahassee
Q: What if I can’t afford divorce lawyers?
A: If your spouse is more financially secure, the Court can implore your spouse to pay your attorney fees. In this case, your divorce lawyers may tell the judge their expected costs, and the judge may award these (reasonable) costs. If there is an early requirement for attorney fees, you may file a Motion for Temporary Relief.
Q: If I file for divorce, will I get “full custody” of my kids?
A: This is a tricky and loaded question, the answer depends on the case. Current Florida law states that parents share child care responsibilities unless such an arrangement would not be in the best interest of your kids. This co-parent relationship is intended to ease the discomfort of your children as well as ensure that both parties have a say in their lives.
If you file for divorce, you can expect to the Court to enter a parenting plan between you and your spouse, outlining time-sharing schedules and your individual responsibilities as a parent. Both parties may agree upon a parenting plan. Specificity is important in your parenting plan as ambiguity can cause strife and additional tension between you and your spouse. The Court requires mandatory meditation in order to settle child care disputes and ease the transition for children. Your everyday interactions and knowledge of your children are vital to your case. The Court analyzes your dedication and relationship with family members in order to make an informed decision.
Q: My children’s mother lives in Tallahassee and won’t let me spend time with them. How can I protect my rights as a father?
A: You, as a father, have the right to an active role in your children’s lives. You are entitled to the same parental rights as your children’s mother unless deemed unfit by the court. In fact, if you feel that your rights as a parent are compromised, Matt Liebenhaut and the court offer a reprieve.
Your written parenting plan is crucial to your rights. If both parties agreed on a parenting plan that the court approved, the mother cannot deny you those rights. If you were unable to agree or are still in the process of forming your parental plan, the court has the power to establish one instead. Both situations include a timesharing schedule that specifies the amount of time your child spends with you.