Family Law Attorneys Representing Throughout Clearwater

Child Custody and Visitation Plans

An important post-divorce discussion for couples with children is the child custody plan. Florida custody laws recognize that children generally benefit from maintaining frequent contact with both parents, so neither parent has an advantage in a custody case. More importantly, though, a child’s best interests are central to any child custody decision in Florida. A court will consider the extent to which each parent has demonstrated an ability and desire to meet a child’s developmental needs and be involved in the child’s life.

More specifically, a judge will consider the following factors to make a child custody decision:

• Each parent’s willingness to foster a relationship between the child and the other parent;
• Each parent’s ability to meet the child’s needs;
• Each parent’s physical and mental health;
• Each parent’s moral fitness;
• Each parent’s ability to provide the child with a consistent routine;
• Geographic viability of the parenting plan, specifically the amount of travel it would take to honor the time-sharing schedule;
• Child’s adjustment to home and community;
• Reasonable preference of the child if of a sufficient age and maturity;
• Evidence of domestic violence, if any;
• Each parent’s ability to provide a safe and stable environment for the child;
• The child’s developmental age, needs, and abilities; and
• Any other relevant factor.

Calculating Alimony

Alimony (or spousal support) isn’t awarded in every Florida divorce, though a judge may award alimony when the requesting spouse has a financial need, and the other spouse has the ability to pay support. Generally, to determine whether an alimony award is appropriate and how much, a judge will consider:

• The length of the couple’s marriage;
• The standard of living during the marriage;
• Each spouse’s age and mental health;
• Tax effects of alimony on each spouse;
• Each spouse’s financial resources and monthly expenses and debts; and
• Any other relevant factor.

There are a few different types of alimony that may be awarded. A judge may award temporary alimony while a divorce is pending or rehabilitative alimony to help a divorced spouse become self-sustaining (e.g., finishing a degree, getting a job). Lump-sum alimony refers to a single lump-sum alimony payment that is non-modifiable. Permanent alimony, rarer to obtain, is typically paid monthly by one spouse to the other and can last months or years. Most permanent alimony awards terminate when the supported spouse dies or remarries.