Florida Family Law - Frequently Asked Questions

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I am the recipient of alimony and/or child support. Who do I need to update regarding my change of address?

Unless your contact information is protected by a Court order, you should file an updated designation of address and email address with the Court. You should notice the other party and, if applicable, the Florida Department of Revenue - Child Support Program, the child's school and pediatrician.  

What is a UCCJEA Affidavit?

The Uniform Child Custody Jurisdiction and Enforcement Act designates exclusive and continuous jurisdiction of the Court in the child's home state. Home state is defined as where the minor child has resided for the past six consecutive months prior to filing the family law case. Both parties must file a notarized Affidavit with the Court that states: the number of children involved in the proceeding, whether they have previously participated in a family law case concerning the minor children, if anyone else claims to have custody or timesharing with the minor children, and whether any of the minor children are the subject to any prior child support proceedings.   

My spouse abandoned me. I want to file for divorce, but I do not know their address. What are my opinions?

Constructive service of process under Chapter 49, Florida Statutes is the best way to proceed. Constructive service of process requires an affidavit of due diligence and an attempt to serve civil process upon the spouse at their last known address. Once completed, the Clerk of Courts will issue a Notice of Action, which you will have published in the local newspaper for four consecutive weeks. If no response is received, then you can move for a default. After a default is issued, you can schedule a final hearing.  

How does the Court define Best Interest of the Child? 

In accordance with the Florida Statutes, the Court evaluates all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family.  See. Section 61.13(3), Florida Statutes. 

A child was born out of wedlock. What are the benefits for doing a parenting plan? 

Before a parenting plan can be ordered, the petitioner must establish paternity, jurisdiction, residency, and procedural due process. If the child is a baby, then the parenting plan should specify the formula, diaper, and infant car seat requirements. All parenting plans should describe the shared parental responsibility as to the minor child, including timesharing, visitation schedule, procedure for temporary modification, relocation, child support, and income tax exemption.    

I am the victim of domestic violence and I believe that I am in danger of violence. How can I file for an Injunction?

First and foremost, your safety is what is most important. You should contact law enforcement if you are ever in immediate fear for your safety or the safety of your minor children. You can contact a family law attorney for assistance with filing a petition for protection against domestic violence or go to your local courthouse during normal business hours where forms and instructions are available. Please be aware that the courthouse employees cannot provide you with legal advice.

An injunction against domestic violence was (maliciously) filed against me. How should I respond? 

Whether or not you believe that the petition for protection against domestic violence is meritless, you should seek the advice of an experienced family law attorney. If a temporary injunction is in place, then do not contact the petitioner, either directly or indirectly. Avoid being at the same location as the petitioner and do not respond to any attempt made by the petitioner to communicate with you, either directly or indirectly. Once a temporary injunction has been issued, the Court will promptly  schedule a hearing on the petition for protection against domestic violence where both parties will have the opportunity to address the Court. Carefully review and follow all of the instructions contained within the documents for this proceeding.