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The Use of a Guardian Ad Litem has become more prevalent recently in Tampa divorce and child custody cases.  Pursuant to Florida law, Courts must determine timesharing between the parents based on the “best interests of the child.”  A Guardian Ad Litem serves to act as a voice and advocate for the child or children to help the court make that determination.

Welcome to our family law blog. Here, we will try to keep our readers up to date regarding issues and information that may be relevant and/or useful to anyone going through any of the myriad of family law issues. We hope you find the information you receive here useful and look forward to hearing from you soon. If you have any questions about divorce, child support, enforcement or any other family law area, be sure to visit our website or contact us for more information.

All family law cases in Florida will be ordered to mediation. Simply put, a mediated divorce is one where both parties solve as many, or as few, of the issues pending in their divorce with the help of a neutral third-party. These negotiations are done outside of the courtroom and can cover anything from alimony to child support or the division of property.

On October 1, 2009, the Florida legislature enacted Florida Statute 61.13001, which identifies the steps necessary for a parent to relocate their child under Florida law. If you currently live in Tampa or St. Petersburg, paternity has been established and you are under the jurisdiction of Florida courts, and you are planning to move more than 50 miles from your current home, you must obtain either: (1) written permission from the other parent or (2) a court order permitting the relocation.

Prior to October 1, 2008, Florida law provided for one party to be the custodial parent or primary residential parent of minor children who were the subject of a dissolution action. This led to the traditional “custody” fights we associate with contested divorces.

One of the most common issues we see when advising our clients regarding divorce is alimony. There are five commonly recognized types of alimony in Florida: permanent periodic, rehabilitative, bridge the gap, lump sum and temporary.

In Florida, pension and retirement earnings that accrue during a marriage are marital property and subject to equitable distribution between the parties. However, there are limited exceptions to this rule that may help you protect all or part of your retirement savings.

Prenuptial agreements are not just for the rich and famous. They can protect people at all different income and wealth levels. A prenuptial agreement can decrease the potential for a messy divorce by spelling out you and your spouse’s rights and responsibilities to assets brought into the marriage and assets acquired during the marriage.

Every family law case is unique, therefore, it is important that you provide your family law attorney with as much information as possible about your situation. Prior to meeting with your family law attorney, begin gathering documents to give to your attorney, outlining your family’s financial situation.

Many children in the Tampa Bay Area are raised by single parents and many of these children’s parents were never married. Florida law requires both parents to financially support their children, and unmarried mothers and fathers are entitled to financial support from the other parent. If you are an unmarried parent in Tampa Bay, you can obtain child support through a Court Order or an Administrative Order.