Family Law Questions
How can I get the custody order changed?
For the past 6years I have been sharing custody of my now 8 year old daughter with my ex we having her a week and a week but i fell on hard times and i wad forced to moved to a different county and the week and week doesn’t work for me anymore. Plus the order says we can not take her out of the county from which we both lived. So i have not been going to the meeting area to pick up my daughter and my ex isn’t agreeing to set up another day or time so i can see my Daughter so i havnt seen her in mouths. What can i do about this. The courts is now charging us to do a mediation but i can’t pay for that. The only thing i can think of is do file a contempt but will it back fire on me becausei know he has reports from the sheriff for me not showing up.
Jeffrey’s answer: You need to go to mediation, so figure out how to pay for it or go file at the clerk’s office claiming indigency, or the inability to pay your court fees. They may offer you a payment plan. If you don’t come up with a new timesharing schedule at mediation, you will eventually get a hearing before your judge to request a new schedule.
Can petitioner of restraining order contact respondent?
My son’s mother filed a tro against me and since the injunction she has emailed me several times and even gave a letter to my son’s teacher for her to give to me. Every time I receive an email from her, she is always asking me to respond to her questions,which of course I never do. She even showed up at “MY” uncles funeral. I feel like she’s trying to bait me into contacting her and putting at risk of being arrested. Is there any course of action I can take with the courts. I kept all emails and the letter she wrote to me.
Jeffrey’s answer: ou can file to have the injunction dismissed as she is demonstrating that she is not in reasonable fear of harm if she is trying to contact you. Alternatively, you can ask for the injunction to be modified so that emailing her back would not be prohibited.
I owed arrears on my child support. I pay the arrears with my current child support order.
Can the IRS take my income tax return? Even though the arrears are being paid in the current order? If the arrears are taken will they automatically adjust my child support order?
Jeffrey’s answer: Yes, your tax refund can be intercepted. Your order will not be modified, but your account will be updated to reflect the funds being applied toward your arrearages.
Frequently Asked Questions About Family Law for Men
Family law matters can be especially challenging for men, whether you’re going through a divorce, child custody dispute, or fighting for fair support arrangements. The legal system doesn’t always feel balanced, and many men worry about losing time with their children, facing unfair financial obligations, or being treated unfairly in court.
At Men’s Divorce Law Firm, we focus exclusively on helping men navigate family law disputes, ensuring that your rights as a father and provider are protected. Your happiness, your financial stability, and your relationship with your kids if you have them, is worth fighting for!
Below, we answer some of the most common questions men have about divorce, custody, and support in Florida. However, every case is unique; for personalized legal guidance tailored to your unique situation, the best thing you can do is contact us today to schedule a consultation!
Custody & Child Support
Can I modify my child custody arrangement after a divorce?
Yes, it is possible to modify your child custody arrangement after a divorce in Florida, but only if there is a significant change in circumstances. This could include a change in the child’s needs, a parent’s ability to care for the child, or other important factors that would affect the best interests of the child. If you’re seeking to modify custody, our experienced Florida custody lawyers can help effectively demonstrate to the court why the change is necessary and in your child’s best interest – book your consultation today.
What factors do Florida courts consider when deciding on child custody?
Florida courts make custody decisions based on the best interests of the child, which includes a variety of factors such as the emotional and physical needs of the child, each parent’s ability to meet those needs, the willingness of both parents to support a relationship with the other parent, the child’s relationship with each parent, and in some cases, the child’s preference if they are old enough.
The court will also consider the stability and mental health of each parent and the ability to provide a stable home environment. Florida’s family law system encourages both parents to be equally involved in their child’s life whenever possible.
How is child support calculated in Florida?
In Florida, child support is calculated using a formula set by the Florida Child Support Guidelines, which takes into account several factors, including both parents’ net income, the number of overnight visits the child spends with each parent (timesharing), and other necessary expenses like healthcare, child care, and insurance. The more time a parent spends with the child, the less child support they may be required to pay, as the other parent may bear a larger financial responsibility. The goal is to ensure that the child’s needs are met, while considering the financial situation of both parents. If either parent’s financial situation changes, child support can be modified through the court.
Can I get sole custody of my kids?
It’s rare, but possible in certain cases. Because the Florida courts believe having time with both parents is in their best interests, sole custody arrangements are generally arranged for cases in which their safety or stability would be at risk (such as if there have been instances of abuse, neglect, or substance dependency).
Who pays child support in a joint custody arrangement?
Child support is determined mainly by the number of overnights the child has with each parent and each parent’s income. Our Florida men’s custody lawyers can ensure a fair child support arrangement is in place if you are the paying parent.
Can my child tell the judge who they want to live with?
Depending on the child’s age and maturity level, the court may take their preference into account, but they will ultimately always rule in favor of whatever arrangement meets their best interests, regardless of their preference.
Do fathers always pay child support after divorce?
No. Child support determinations are made by the Florida child support guidelines, which take into account each parent’s net monthly income, how many overnight stays the child has with each parent, and other expenses, like child care and health insurance. So it is not always the father that pays child support after divorce.
Men’s Divorce
How can I protect my financial interests during a divorce?
During a divorce, it’s crucial to protect your financial stability, especially if you’re concerned about child support or alimony. Florida’s family court system aims for equitable distribution, which doesn’t always mean an equal division of assets. Our Florida men’s divorce lawyers can help ensure that your financial contributions are fairly recognized and that your interests are protected. Whether it’s ensuring a fair share of marital property or minimizing spousal support obligations, we’ll fight to protect your financial future!
How long does divorce take?
There is a mandatory 20-day waiting period before a divorce can be finalized after filing. Therefore, we see most uncontested divorces being finalized within 1-3 months, but will vary depending on how long it takes you and your spouse to reach an agreement. However, a contested divorce will likely take anywhere between 9 months up to a year.
Who will get to keep our house?
Florida is an equitable distribution state, meaning each spouse is entitled to a “fair” portion of the assets, but that doesn’t necessarily mean that it will be equal. So, you and your spouse may be able to reach an agreement through negotiation in mediation or collaborative divorce about who will keep the house. However, if you cannot agree, a judge will have to step in and decide. They will make the decision based on each party’s earning potential, the custody schedule, and other relevant factors.
Paternity
Can paternity be established without the father’s consent?
Yes, paternity can be established through a court order even if the alleged father does not voluntarily acknowledge paternity. If genetic testing confirms biological parentage, the court can issue an order establishing paternity.
How does DNA testing work in paternity cases?
DNA testing involves collecting cheek swabs from the mother, child, and alleged father to determine biological parentage. It is over 99% accurate and is often used as evidence in court to establish or dispute paternity.
Can paternity be established at any time?
Yes, paternity can be established at any time after a child is born, typically until the child turns 18. However, we strongly encourage you to take action as early as possible, as it ensures you have legal clarity, that the child’s well-being is prioritized, and that you are able to establish a meaningful relationship with the child from an early age.