5 Common Misconceptions About Florida Family Law

5 Common Misconceptions About Florida Family Law

Admittedly, family law in Florida may be a little confusing for non-attorneys, especially for those navigating divorce, custody, or other support issues for the first time. While there are many resources and tools that provide valuable information to the public regarding family law related topics, there have been occasions in which couples (and parents) have developed common misconceptions about Florida Family Law. In this blog, we’ll discuss the top five (5) common misconceptions that we have seen couples (and parents) make while navigating their divorce or custody matter. Keep reading for the five common misconceptions about Florida family law and the truth behind each one.

If you’re facing a family law issue, don’t rely on what you’ve “heard.” Consult with an experienced Florida family law attorney who can help you understand your rights, obligations, and the best path forward based on the unique facts of your specific case.

Misconception # 1: There are jury trials in Florida family court.

This is one of the most common misunderstandings about the Florida family court system.

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In Florida family law cases, there are no jury trials. There is one very limited exception which involves cases in paternity cases when paternity is disputed. Other then that limited exception involving disputed paternity, typically a family law case that goes to trial will have no jury. Rather, the judge is the person who will be making a ruling as it pertains to the disputed items related to the trial. This is called a non-jury trial because matters such as divorce, child custody, child support, alimony, and parenting plans are decided solely by a judge.

The judge evaluates the evidence, testimony, and all applicable and relevant statutory guidelines when rendering his ruling. 

So, if you’re preparing for a family law trial, know that the outcome of the trial will likely be determined by a judge not a jury of your peers.

Misconception # 2: Any and all Florida family law cases take longer than 90 days.

While some highly contested and highly disputed cases do take several months or even years to resolve, it’s not true that every family law case in Florida drags out over a period longer than 90 days. 

For example, for uncontested family law cases, in which a couple (with no children nor assets) have agreed to most (or all) the issues prior to filing the petition for dissolution marriage, and have their settlement agreement essentially completed prior to filing, those matters will typically be resolved within 90 days or potentially less (unless there are any extenuating circumstances that arise later on).   

Even uncontested cases in which the couple have children and assets can potentially be resolved within 90 days or less if prior to filing the Petition for Dissolution of Marriage, the couple have agreed on a Parenting plan and their settlement agreement has been agreed upon prior to filing the Petition. Of course, if there are extenuating circumstances that arise later on (after filing the Petition), then it may potentially extend the resolution of the case beyond the 90 days. 

The length of a case depends on various factors — such as the complexity of the issues, the willingness of the parties to cooperate, and the court’s schedule.

For example:

• Contested cases (where disputes exist about property, custody, or support) can take longer, especially if mediation or trial becomes necessary.
  
  • Also, its important to note that courts (and judges) have many cases that cause backlog which may potentially extend a contested case beyond 180 days. 

Misconception # 3: The court will automatically approve or rubber-stamp any parenting plan that parents agree to.

Many parents believe that if they reach an agreement on a parenting plan, the judge will simply “rubber-stamp” it. However, that’s not true. 

Under Florida law, the court must ensure that any parenting plan serves the best interests of the child. The court has an obligation to determine whether the parenting plan is in the best interest of the child. If a proposed parenting plan is not in the best interest of the child, the judge can require the parenting to submit a revised parenting plan consistent with the court’s ruling/findings.  

In other words, the parents’ agreement is important but not controlling. The court has a duty to protect children and make sure the parenting plan is in the child or children’s best interest. 

Misconception # 4: Grandparents have automatic rights to see their grandchildren.

This is another widespread misconception. While Florida law does recognize limited circumstances in which grandparents may be awarded custody of a child or children (typically in dependency court), grandparents do not have automatic rights to time-sharing or visitation.

Misconception # 5: If one parent stops paying child support, the other parent who is not receiving child support can stop following the parenting plan.

In Florida, child support and time-sharing (custody/visitation) are two separate legal obligations.

If a parent who has been ordered to pay child support fails to pay child support, the other parent cannot retaliate by denying visitation or violating the parenting plan. Doing so can result in contempt of court. 

Instead, the proper way to address unpaid child support is through legal enforcement proceedings, such as filing the proper motion with the court. No matter how frustrating the situation is, if your co-parent stops paying child support you will likely have to continue following the parenting plan unless and until the court officially changes it.

CONTACT THE EXPERIENCED MARITAL & FAMILY LAW ATTORNEYS AT THE JOSEPH FIRM, P.A.

Attorney Marck K. Joseph, Esq., BCS is a Board Certified Marital and Family Law expert and the owner of The Joseph Firm, P.A. With almost fifteen (15) years of experience in Martial & Family Law, he is uniquely qualified in helping in most types of family cases, including divorce matters. 

If you are involved in a family law matter in Florida, consulting with an experienced family law attorney can help you navigate the legal process while advocating for the best interests of your child. Our law firm fully understands the challenges of navigating marital and family law issues, and we’re always ready to provide the highest-quality legal representation. Whether your case settles outside the courtroom or goes to trial (or final hearing), our attorneys go the extra mile for every client. 

Our firm offers free case evaluations to determine whether the firm can assist you with your case, and if we can, a case consultation meeting will be scheduled. The experienced divorce lawyers at Joseph Firm, P.A. are ready to hear your story. We provide smart, aggressive family law representation to clients. To learn more, call (305) 501-0992