Divorce Attorney in Orlando, FL
At the Law Offices of Jonathan A. Torres, LLC, we understand that a divorce is much more than just a termination of a marriage. Child custody, timesharing, visitation, and division of property are very stressful and often very complicated from a practical and an emotional understanding. Whether it is an uncontested divorce or contested divorce, we can help.
An uncontested divorce is usually much easier for everyone, especially if there are children involved. However, agreements are not reached all the time, and sometimes legal battles are needed to defend your rights. When you contact our office for assistance from an experienced divorce attorney in Orlando, FL, we will determine whether or not an uncontested divorce is possible or a more aggressive approach is needed in your case.
Divorce is Never Easy
Child support, child timesharing, and developing a parenting plan all play into the divorce process. Additionally, spousal support and distribution of assets, geographic issues, relocation, and many other issues are often at play in a divorce or a divorce modification due to substantial changes in circumstances. When there is a need for a family law attorney in Orlando, FL, we can help at the Law Offices of Jonathan A. Torres, LLC
Can I Modify the Final Judgment of Divorce?
Sometimes, final judgments of divorce can be modified assuming there is a substantial change in circumstances and if it relates to minor children’s best interests. Unfortunately, not all situations can be adjusted. The parties may agree to modify custody or timesharing. However, most of the time parties do not agree on such things, and there is a need to file a supplemental petition of modification.
Examples of grounds for a modification of custody are if a significant geographical relocation has taken place by the custodial parent or a detrimental change in lifestyle has taken place by the custodial parent. The parent seeking a change or modification of custody must show that he or she can provide a better home environment for the child than the child’s current situation, and must comply with the requirements of the relocation statute.
Child and spousal support can be modified as well. They can be adjusted depending on the language of the final judgment and based on other factors and specific laws in Florida. For example, if someone is a parent is looking for an increase in child support, the parent seeking the increase must show that the child has developed needs that are far beyond what was initially anticipated by the final judgment. Another example is if the person paying child support makes substantially more income, and that in turn the child is entitled to receive more assistance. If you are in need of a child custody lawyer in Orlando, FL, call on us at the law firm of Jonathan Torres for more information.
For a decrease in child support, the parent seeking the modification must demonstrate that a substantial detrimental change in finances has occurred through no fault of the person asking for it, or that the child now spends substantially more time with him or her then was previously set in the final judgment and parenting plan.
Enforcement of a child custody agreement has to be fact-dependent. Parental alienation, interference with timesharing, or parental responsibility are genuine examples of a parent not following the agreement and happen every day. Your children should not have to choose between two, perfectly responsible and loving parents.
Can I Relocate with My Child out of State?
Many people have called our office asking whether a parent can relocate with a child out of state without a court order. The answer to their question is no. If there has been a divorce decree or a final paternity judgment, there is language likely indicating that the primary residential parent, or with whom the child spends the most time, must ask for relocation and comply with the relocation statute.
Either you must obtain the other parent’s consent for the relocation, or you must petition the court for a relocation. The court will determine if the relocation is proper, in the best interests of the minor child, and that the other parent not seeking to relocate will continue to have the ability to have sufficient timesharing with the minor.
The Florida Relocation Statute is the state law which guides parents regarding the removal of children when they do not have a court order or judgment addressing the relocation of a minor child. Also, it provides severe sanctions to parents who already are under a court’s order or judgment that establishes a timesharing plan, parental plan, or custody, but the parent relocates the minor child without first following specific legal steps or requirements.
The Florida Relocation Statute must be analyzed, along with a series of laws under what is called the Uniform Child Custody Jurisdiction and Enforcement Act, as well as with a reading of any court orders related to a minor child BEFORE a parent who is separated from the other proceeds to move a minor child permanently. We recommend that any divorced and/or separated parent in the state of Florida, or with a court order related to a minor child that has been put into effect in Florida, to seek appropriate legal counsel before moving a minor child from his or her permanent residence to avoid serious legal consequences.
Florida’s Relocation Statute can be found under Title VI: Civil Practice and Procedure, Florida Statute’s Chapter 61’s “Dissolution of Marriage; Support; Time-Sharing.” It is Statute 61.13001.
Getting a family law attorney involved in your situation does not mean that you want to start or continue a conflict; it simply says that you are ready to work toward a resolution so that you can move forward. If you are prepared to put conflict behind you in favor of a fresh start, contact Attorney Jonathan Torres for further assistance for this matter at (407) 953-5818.