Five Common Misconceptions About Family Law Courts and Family Law Judges

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: Florida Family Law Judges Always “Side With The Mom”

This is a common misconception. However, in reality, in the State of Florida, there is a presumption that each parent is entitled to just as much time with their child (or children). Specifically, there is a presumption that parents have equal shared parental responsibility, which means that there is a presumption that each parent has equal rights with respect to the child or children. Notably, however, there are circumstances in which depending on the unique and specific facts of the case the court may finding that equal shared parental responsibility is not in the best interest of the child. 

Typically, the parent who wishes to overcome the presumption of equal shared parental responsibility, has the burden of proving that shared parental responsibility is a detriment to the child.

Misconception # 2: Dads Will Always Pay Child Support To The Mom

It is not always true that the father will be ordered to pay child support to the mother. A court will not automatically order a father to pay child support, simply and merely because he is the father. Rather, who pays child support (and how much) is a matter of the very unique and specific circumstances involves in your case related to each parent’s income. For example, all things being equal if a mother earns a higher income when compared to the father, a court may order a mother to pay the father child support. However, its important to consult with an attorney regarding your specific family circumstances because the judge may take into consideration other factors when determining who pays child support. Ultimately, in the State of Florida, child support is the right of the child, not the parents. 

Misconception # 3: It Doesn’t Matter If You’re On-Time For Your Court Hearings Because The Judges Sometimes Run Late.

There is a common misconception that because a judge sometimes starts his docket hearings late, then its okay for a party to show up late as well. This common misconception is inaccurate. All individuals who are required to be at court at a specific time, should (and must) arrive to their respective court hearing on time irrespective of when the judge ultimately starts his or her docket hearings. Timeliness shows respect and honor to the court, the judge and the judicial system. Best practice is to arrive to your court hearing (or trial) at least 15-20 minutes early in order to avoid being tardy as a result of traffic, long lines entering the courthouse, etc. 

Misconception # 4: It Only Matters How You Treat The Judge.

A common misconception is that the only person that matters in a courtroom is the Judge, and thus, it doesn’t matter how you treat a judge’s bailiff, security, or legal assistant. This misconception could not be further from the truth. The judge’s staff are individuals who also require your respect, professionalism and etiquette. The best practice is to treat everyone at a courthouse with respect and professionalism, irrespective of their role or title.

Misconception # 5: The Reputation Of Your Attorney Within The Legal Community Does Not Matter.

There is a common misconception that it doesn’t matter if your attorney has a positive reputation in the legal community, particularly with other attorneys and judges. In reality, having a positive reputation within the legal community can help when your attorney is engaging in conversations that require compromises and cooperation. For example, if your divorce matter is highly contested, the positive reputation of your attorney may go a long way in helping to reach a compromise with the opposing side. 

Ultimately, its important to note that whether your attorney has a positive reputation within the legal community will not garner favor with the judge such that it will sway the judge’s opinion or rulings in any way. However, a well respected attorney with a positive reputation in the community may be able to bridge-the-gap in highly contested areas of your specific case.   

CONTACT THE EXPERIENCED MARITAL & FAMILY LAW ATTORNEYS ATTHE 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.