“I’m getting divorced, can I move with my kids?”
Florida law is very specific about what is allowed in a “relocation” with minor children. There is a maximum distance that you can move without the necessity of a court order. A lot of people, including many lawyers, are not aware that the distance is measured “as the crow flies” (straight line on a map). The answer to the question really hinges on several factors including the reasons for the move and how far the move will be.
Legal Father vs. Biological Father
Although it may seem as though a biological father and a legal father are one in the same, that is not always the case. Believe it or not there is a distinction between a biological father and a legal father, and the distinction can have financial consequences.
Paternity: Birth Certificate Enough?
A common misconception in paternity cases is that if the Father’s name appears on the birth certificate of a minor child, that automatically means he is legally the Father and is entitled and/or accountable for all the rights, responsibilities, and privileges relating to that minor child without further action. However, that is not the case when a child is born out of wedlock.
Divorce as a Non-U.S. Citizen
Many non-U.S. citizens are hesitant to leave a spouse out of fear of the U.S. court system or concern for their residency status. You may be surprised to learn you don’t need to be a U.S. citizen to get divorced in the United States. Non-U.S. citizens are afforded the same resources and rights in divorce proceedings as U.S. citizens, including the ability to file for divorce and have an attorney represent them. However, a common question is how a divorce will affect their legal residency status.
Business Ownership and Divorce
Typically, in Florida divorce proceedings, the assets and liabilities owned by the Husband and Wife are subject to being either split via an agreement or by the Judge. However, what happens in a divorce when one of the parties owns a business to the exclusion of the other spouse, has an interest in a business, or the parties own a business together—does the business count as an asset?
Who will get Custody of my Kids?
When facing divorce, many parents assume the mother will automatically be awarded custody of the children with the father getting limited visitation. Florida courts have done away with this presumption and will now divide time between parents in the child’s best interest.