What are the rules associated with a parent wanting to relocate after a time-sharing order has been entered? Watch as Kenny Leigh and Nathan Kohley walk you through how the Florida Statues apply.
In distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including the factors as specified in Florida statutes. Equitable distribution is the place to start in analyzing a divorce case. A determination of how marital assets and liabilities are divided will usually impact most other aspects of a divorce case. Income producing properties may impact alimony and child support. Interest income on investments, real or imputed, may impact alimony and child support.
Florida statute 61.13001 governs parental relocation with a child. This statute was enacted to prevent unilateral relocation. The party wanting to relocate with the child must file a notice of intent to relocate and the party opposing it must file an objection to relocation. It is very important to be very detailed with these pleadings because the smallest thing can make either pleading defective.
A court may award attorney’s fees to a party who maintains or defends any proceeding filed under Chapter 61. Chapter 61 proceedings include actions for dissolution of marriage, enforcement, modification, separate maintenance, time‑sharing, support, and appellate proceedings. The purpose and rationale for an award of attorney’s fees is to ensure that both parties to a family law proceeding have similar ability to secure competent legal counsel. Attorney’s fees may also be awarded in paternity proceedings.
The mother of a child born out of wedlock is the natural guardian of the child. The mother is entitled to primary residential care and custody unless a court order of competent jurisdiction enters an order stating otherwise. Because the mother is sole custodian of a child born out of wedlock, she may leave the state before a paternity order is entered and she cannot be ordered to return until a paternity order is entered. Even if you are on the birth certificate, this does not give you rights. You must get a court order to give you rights. Until there is an adjudication of paternity, putative father has no standing.