Is there a presumption that the mother will be given primary residential custody?

Not in Florida. By law, the court must give the father and the mother equal consideration if the court is going to designate a primary residential parent. (Rotating custody may eliminate the need to designate one parent the primary residential parent.) This is the law regardless of the age or sex of the child. The court will consider many factors to determine primary residential custody. These include: which parent is likely to encourage affection and allow frequent contact between the child and the other parent; the existing emotional ties the child has with both parents; the length of time the child has lived in a stable environment and the desirability of changing that environment; the moral, mental and physical health of the parents; and the reasonable wishes of the child if the child is mature enough to make such a choice. These are only a few of several factors the court is allowed to consider; none of them are controlling and the court also can consider any other relevant facts.

Can custody arrangements be modified by the court if I can show that circumstances have changed since the original custody determination?

In order to change custody, particularly in courts in the Tampa and St. Petersburg area, it is necessary to show that there has been a substantial change in the circumstances that existed at the time of the original custody determination and that the child will suffer a detriment if custody is not changed. The law discourages attempts to alter custodial arrangements once they are set by agreement or court order. Therefore, the law requires the party seeking to change custody to meet an "extraordinary" burden of proof. The courts will not consider facts that existed prior to the original custody determination unless there was some concealment of those facts. Changes in custody are possible and should be considered when there has been a material change in circumstance and it clearly can be shown that the child's well being is, or will be, adversely affected. However, changes such as remarriage, changes in lifestyle, and loss of a job, standing alone, generally will not justify a change.

Will alimony always be awarded when a long-term marriage is ended?

No. An award of alimony depends on several factors, including the age, earning ability, health, and education of the person seeking alimony; the other assets available to the parties; the length of the marriage; the standard of living during the marriage; and the ability of the other party to pay. All of the factors and others are weighed by the court. If the court decides to award alimony, the court has flexibility to award different types of alimony. This includes an award of lump sums as well as or instead of the regular payment of money. Rehabilitative alimony also may be awarded in situations where the party seeking it can show that the marriage affected his or her ability to obtain the same type of employment they had before the marriage, he or she has a legitimate ability to improve their earning power if the alimony is awarded, and he or she has a realistic plan for rehabilitation.

Can the parties make their own agreements for child custody, visitation, child support, property division, and other rights?

The courts strongly encourage parties to reach their own agreement on all of these matters, with the exception of child support. If the parties come up with their own agreement, the court will require them to demonstrate that they understand the agreement, that they have entered into their agreements after an appropriate exchange of information, and that they have entered the agreement voluntarily and without duress. Child support is determined according to guidelines that are set by the Legislature. These guidelines require each parent to contribute a pre-determined amount to the support of their child. The court cannot deviate more than slightly from these guidelines unless the court makes findings that there is a good reason to do so. One reason to adjust upward could be that the child has extraordinary health needs. One reason to adjust downward could be that the child has his or her own source of income, such as a trust fund.

Does each party have to pay their own attorney's fees in a family law or paternity proceeding?

The court can order one party to pay all or some of the other party's attorney's fees. The decision will be based on the need of one party for assistance in paying fees and the ability of the other party to contribute toward the fees. The court also has the ability to award or adjust attorney's fees when it finds that a party has needlessly increased the cost of litigation by stalling, avoiding discovery, or making groundless claims. Generally, if both parties have the same financial ability going into the proceeding, the court will not award attorney's fees. The court also may deny attorney's fees if, as a result of the distribution of assets in a divorce, the party seeking fees has received sufficient assets to pay the fees without upsetting the fair distribution of assets.

If I owned property before the marriage, will I have to split or share that property with my spouse as part of a divorce?

Generally, assets - and debts - owned prior to the marriage and kept completely separate during the marriage belong to the individual and not to the marriage. However, if the title of property is changed to the name of the married parties, the property may become marital property. If martial assets or labor are used to increase the value of the property, the parties may have to share in the increase in the value of the property during the marriage.