Legal Question in Family Law in Florida

Re: Divorce w/Minor Children

Once primary residential custody is established, it is difficult to change it later. Unless you are willing to live with your decision permanently, do not give-in on custody, If the children lived with you, Dad would have to pay child support.

In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, do not assume that you will not be able to afford to retain an attorney.

The above information is provided without any consideration having been provided, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Largo, with a satellite location in Tampa.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

Re: Divorce w/Minor Children

If you designate dad as the primary now it will be very difficult to change down the road. You can improve your financial situation with child support and alimony. I would leave it undesignated/joint custody at best if this is how you feel- but even then you will not be designated as primary down the road. You really should consult an attorney before you make this decision as it is a very large decision to make.

Re: Divorce w/Minor Children

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

When you file your pleadings, you want to request that you be desinated as the primary residential parent. The trial court will make a determination as to whom is best suited to serve in this capacity. Once this is decided by the court, it is extremely difficult to get the court to modify this decision.

Remember that the non-custodial parent will have to pay child support to the custodial parent based on the child support guidelines as established by the Florida legislature. An explanation of child support and a worksheet to determine what it might be can be found at: http://dor.myflorida.com/dor/childsupport/guidlines.html

Scott R. Jay, Esq.