Understanding your rights is crucial for Floridians navigating the complexities of a family law case or those considering taking legal action and seeking legal guidance. Our guide to Florida's family laws is designed to provide a clear understanding of the state's legal landscape while supporting you through your legal journey.
In recent years, Florida has seen several notable trends in family law and support systems:
The state has consistently recorded the sixth-highest divorce rate in the nation, with a steady rate of 13% since 2014.
Over $103 million has been allocated to bolster support for foster parents, caregivers, and families and children considered at high risk.
Family court cases account for a relatively high proportion of civil court matters, representing 30% of the total.
From understanding the latest Florida abortion laws to comprehending the intricacies surrounding emancipation, child custody, and support, this page offers insights into each process. We'll delve into the distinctions between community property and equitable division, ensuring you're well-informed about your rights and obligations. For those curious about grandparents' rights, guardianships for children and adults, or the nuances of marriage and its dissolution, including how to change your name, this resource is tailored to address these concerns. Additionally, we'll explore the importance of wills, directives, and powers of attorney, clarifying how to prepare for the future.
Recognizing the sensitivity of family law matters, we also discuss the public availability of family law records in Florida, guiding you on requesting that records be sealed or how to access them. Lastly, finding a competent lawyer is essential to a successful case. We include tips on locating a good lawyer to meet your specific needs, ensuring you have the legal support necessary to achieve the best possible outcome.
Florida’s abortion laws have seen significant changes since the overturning of Roe v. Wade in 2022. While the state initially upheld a 15-week abortion ban in the wake of Roe v. Wade, it quickly restricted abortion access statewide with a 6-week abortion ban.
On April 13, 2023, Governor Ron DeSantis signed SB 300, the Heartbeat Protection Act. This law prohibits abortions once an unborn child's heartbeat can be detected, which is typically around six weeks of pregnancy, often before many women know they are pregnant. This act includes exceptions to save the life of the woman and, in case of rape or incest, until 15 weeks of pregnancy.
In Florida, the legal age of majority is 18. Before reaching this age, leaving home is generally considered running away, and parents or legal guardians have the right to report their child as a runaway to law enforcement. There are, however, specific circumstances under which a minor can leave home legally before reaching the age of 18, primarily through the process of emancipation.
Emancipation is a legal process that grants minors many of the rights and responsibilities of adulthood before they reach the age of 18. In Florida, emancipation can occur in three ways:
By marriage: Minors who get married can become emancipated, but they need to obtain parental consent and the approval of a Florida court to marry if they are under 18.
By military service: Joining the United States armed forces with parental consent can also lead to emancipation, although this typically requires the minor to be at least 17 years old.
By court order: Minors can petition a Florida court for emancipation. The process involves filing a petition in the circuit court where the minor lives. The court must find that the minor is at least 16 years old, living independently from their parents, and capable of supporting themselves financially.
Emancipated minors are granted many of the rights and responsibilities of adults, including the right to enter into contracts, sue and be sued, make decisions about education and medical treatment, and be free of parental control. However, they also take on adult responsibilities, like the obligation to support themselves and comply with laws applicable to adults.
It's important to note that emancipation does not change some age-based legal requirements, such as the legal age for voting or consuming alcohol in Florida.
Florida's child custody and support laws are designed to ensure the well-being of children when their parents are not living together due to divorce or separation. The state prioritizes the child's best interests in determining custody arrangements and support obligations.
In Florida, child custody is categorized into two main types: physical and legal. Physical custody refers to with whom the child lives, while legal custody involves the rights and responsibilities related to decisions about the child's upbringing, including education, healthcare, and religion.
Florida's law prefers to award shared parental responsibility, where both parents share the rights and obligations of raising their child unless shared responsibility would be detrimental to the child. The state uses the term "time-sharing” to refer to physical custody, emphasizing the importance of the child spending time with both parents.
When determining time-sharing arrangements, Florida courts consider several factors, including:
The child’s relationship with each parent
Each parent’s ability to provide for the child’s needs
The stability of the home environment
The moral fitness of the parents
The child’s preference, if of sufficient age and maturity
Any history of domestic violence or substance abuse
Child support in Florida is determined based on the Income Shares Model, which considers both parents' income and the child's needs. The state has established guidelines that set the amount of support, taking into account factors such as:
Each parent’s income
The number of children
Health insurance and medical costs
Childcare expenses
The time-sharing arrangement
The purpose of child support is to cover the child’s basic needs, including food, housing, healthcare, education, and clothing. Under certain circumstances, the court may adjust the guideline amount if it’s deemed necessary to meet the child’s needs or to account for specific expenses, especially in cases where the child has special needs.
Florida law requires both parents to support their child until the child turns 18, graduates from high school (if this occurs by age 19), or becomes emancipated.
Florida is not a community property state. Therefore, it operates under equitable distribution laws when dividing marital property during a divorce. In other words, marital assets and debts are divided in a manner that is fair but not necessarily equal based on several factors.
Under Florida’s equitable distribution system, only marital property is subject to division between spouses in a divorce. Marital property includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title.
Non-marital property, also known as separate property, includes assets and debts acquired before the marriage, as well as inheritances and gifts received by one spouse during the marriage — provided they are not commingled with marital assets.
When dividing marital property, Florida courts consider several factors to achieve an equitable or fair distribution:
The duration of the marriage
The economic circumstances of each spouse
The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as a homemaker
The interruption of personal careers or education opportunities of either party
The contribution of one spouse to the personal career or educational opportunity of the other spouse
The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party
Determining which spouse retains the marital home depends on the following factors:
The desirability of retaining the marital home as a residence for any dependent child of the marriage or any other party when it would be equitable to do so
The financial resources of each party, including the non-marital and the marital assets and liabilities distributed to each
The feasibility of retaining the marital home for the residential parent and child, including the financial means of those parties
Grandparents' rights to visitation and custody in Florida are limited and subject to specific legal conditions. The state's laws prioritize the parent’s rights to make decisions about their children's care, custody, and control, making it challenging for grandparents to obtain visitation or custody rights against the wishes of the child's parents. However, under certain circumstances, grandparents may be granted visitation or custody.
Florida statutes provide for grandparent visitation rights in very narrow circumstances. Grandparents may petition the court for visitation rights if:
Both parents are deceased, missing, or in a persistent vegetative state, or
One parent is deceased, missing, or in a persistent vegetative state, and the other parent has been convicted of a felony or an offense of violence evincing behavior that poses a substantial threat of harm to the child’s health or welfare.
The court will consider the child's best interest when deciding to grant visitation rights to grandparents. The petitioning grandparents must demonstrate that the visitation is in the child's best interest and that a significant relationship exists between the grandparent and the grandchild. The courts maintain a high threshold for overriding the parents' wishes based on the premise that parents have a fundamental right to make decisions regarding their children's welfare.
Grandparents may seek custody of their grandchildren in Florida under more extreme circumstances. Custody to grandparents might be considered if the child's parents are deemed unfit, which could be due to reasons such as abuse, neglect, abandonment, or an inability to care for the child. In such cases, the court will again consider what arrangement serves the child's best interests, with a focus on the child's safety and well-being.
To obtain custody, grandparents must file a petition in court and present evidence showing that the child's parents are unfit and that granting custody to the grandparents is in the child's best interest. This process can be complex and legally challenging, often requiring the assistance of a lawyer specializing in family law.
Guardianship laws are designed to protect individuals who are unable to manage their affairs because they are minors, meaning they are under the age of 18 or incapacitated. These laws establish the legal framework for appointing guardians to make decisions on behalf of these individuals. Guardianship for children and incapacitated adults share similarities but are governed by specific statutes to address their unique needs.
Guardianship for minors in Florida may be established when the child’s parents are deceased, unable to care for the child, or have had their parent rights terminated. A guardian is appointed to care for the child's physical and financial needs. This can include decisions about healthcare, education, and managing any assets the child may have.
In cases where parents are living but unable to care for their child, or if a child receives an inheritance or proceeds from an insurance policy exceeding the amount allowed by law, a guardian of the property may be appointed to manage the child’s finances, while the parents may retain custody.
Guardianship for incapacitated adults is established when a court finds a person unable to make some or all of the decisions necessary to care for their person or property. The process begins with filing a petition to determine incapacity. If the court finds the person incapacitated, it may appoint a guardian.
The extent of the guardianship can be plenary or limited. A plenary guardianship grants the guardian full authority to make decisions on behalf of the ward. In contrast, limited guardianship restricts the guardian's powers to specific areas where the ward has been deemed incapable of making informed decisions.
Voluntary guardianship: This type of guardianship is for adults who, although mentally competent, cannot manage their property. They can petition for a guardian to be appointed to oversee their financial affairs.
Emergency temporary guardianship: This type of guardianship can be appointed if immediate action is needed to prevent harm to the incapacitated person's health or finances.
Guardians must act in the ward's best interests and may be subject to court oversight to ensure they fulfill their duties responsibly.
In Florida, as in other states, the termination of parental rights is defined as a legal process that severs the legal relationship between a parent and their child. The courts take this process very seriously, as it involves removing a parent's rights to custody, visitation, decision-making regarding the child, and the child's right to inherit from the parent. Termination of parental rights can be voluntary or involuntary and is generally pursued only when it is in the child's best interest.
Florida law specifies several grounds for the involuntary termination of parental rights, including, but not limited to, the following:
Abandonment: The parent has failed to provide financial support and has made little to no effort to communicate with the child, demonstrating an intention to forsake parental duties.
Abuse, neglect, or abandonment: The child has been subjected to egregious conduct or conditions that warrant the termination of parental rights.
Dangerous conduct: The parent's conduct threatens the child's life, safety, or physical, mental, or emotional health.
Incarceration: The parent is incarcerated, and the period of imprisonment constitutes a significant portion of the child's minority, rendering the parent unable to care for the child.
Substance abuse: The parent’s substance abuse problem is of such a duration and nature as to render the parent incapable of caring for the child.
The most important consideration in any proceeding to terminate parental rights is the child's best interest. Factors considered include the child's need for permanency, the love and affection between the child and the parent, the likelihood of an adoptive home being found, and the child's preferences, depending on their age and understanding.
Parents may voluntarily relinquish their parental rights, often in the context of an adoption process. In such cases, the parent must provide written consent for termination and adoption. This consent is not valid unless it's given after the child's birth and in the presence of a judge or someone authorized to take acknowledgments.
Florida’s family laws regarding marriage cover various aspects, including the legal requirements for getting married, age restrictions, prohibitions, and the process for obtaining a marriage license. These laws are designed to ensure that both parties entering into marriage do so willingly, with full consent, and under legal circumstances.
For those planning to tie the knot in the Sunshine State, here’s an overview of what you need to know ahead of time to ensure the marriage is legally valid:
Age requirements: Individuals must be at least 18 years old to marry without parental consent. Minors aged 17 can marry with the permission of both parents, provided their prospective spouse is no more than two years older than them. Effective July 1, 2018, Florida no longer allows marriage for individuals under 17, regardless of parental consent.
Marriage license: Before getting married, couples must obtain a marriage license from a county court judge or Clerk of the Circuit Court. The license is valid for 60 days from the issue date and can be used to marry anywhere in Florida.
Waiting period: Florida residents have a mandatory 3-day waiting period between obtaining their license and the marriage ceremony. This waiting period can be waived if both applicants have completed a premarital preparation course from a qualified provider or are non-residents.
If the couple has completed a premarital preparation course within the last 12 months, they are eligible for a discount on the marriage license fee, and the waiting period is waived. A registered provider must conduct the course, and the couple must present a certificate of completion when applying for a license.
Marriages can be solemnized by an ordained minister, priest, or rabbi of any religious denomination, a notary public, a Clerk of the Circuit Court, and certain other officials.
Florida does not require witnesses for a marriage ceremony to be legally valid.
Florida does not recognize common-law marriages created within the state. In other words, couples who live together in Florida without formally registering their marriage will not be recognized as legally married, regardless of how long they live together or whether they present themselves as married couples to others.
However, Florida does recognize common-law marriages established in other states where such marriages are recognized, provided they meet the legal requirements of those states. This recognition is due to the Full Faith and Credit Clause of the United States Constitution, which requires each state to respect the "public acts, records, and judicial proceedings" of every other state. Therefore, if a couple legally enters a common-law marriage in a state that recognizes such unions, Florida law will acknowledge their marital status.
Florida is a no-fault divorce state, meaning that to dissolve a marriage, one does not need to provide fault by one party. The only grounds required are that the marriage is “irretrievably broken” or that one of the parties is mentally incapacitated.
The state also offers a simplified dissolution process for couples who meet specific criteria, such as having no minor children and agreeing to divide the property.
In Florida, legally changing your name is straightforward but involves several important steps and documentation to ensure the change is officially recognized. The process applies to adults wishing to change their names for reasons other than marriage or divorce, the most common exceptions where the process might be more straightforward.
Petition for name change: The individual seeking a name change must file a petition with the circuit court in their county. The petition includes personal information, the requested new name, and the reason for the change.
Fingerprints: Applicants must have their fingerprints taken for a background check by the Florida Department of Law Enforcement (FDLE) and the FBI unless the name change is related to marriage or divorce. The purpose of the background check is to ensure the petitioner is not changing their name to avoid legal issues, debts, or other obligations.
Hearing: After submitting the petition and completing the background check, the court schedules a hearing. The petitioner may be required to provide additional information or answer questions regarding their reason for the name change.
Final judgment: If the judge approves the petition, they will issue a final judgment on the name change. This document serves as legal proof of the name change and is necessary for changing your name on government-issued IDs, bank accounts, and other official records.
Marriage: People who change their name due to marriage can do so by presenting their marriage certificate to the Social Security Administration, the Department of Motor Vehicles (DMV), and other agencies without going through the court process.
Divorce: If someone wants to revert to their maiden name or a previously used name after a divorce, they can do so during the proceedings. The divorce decree can include a provision that restores the person’s former name, simplifying the process.
Minors: The process for changing a minor’s name is similar but requires consent from both parents or a legal guardian. If one parent objects, the court will decide based on the child’s best interests.
Publication requirement: Florida law generally requires the petitioner to publish notice of the name change in a local newspaper. However, the requirement can be waived if the court finds that publication would jeopardize the petitioner's safety.
Wills and directives in Florida allow people to specify their wishes regarding the distribution of their assets upon death and their preferences for medical treatment in the event they become unable to make decisions for themselves.
A will is a legal document that details how a person’s assets and property should be distributed after death. Florida law has specific requirements for wills to be considered valid:
The testator must be at least 18 years old and of sound mind when the will is made.
The will must be written. Florida recognizes formal wills and, in rare cases, holographic wills, provided they meet statutory requirements, including being witnessed. Florida does not recognize oral wills.
The testator must sign the will in the presence of two witnesses, who must also sign the will in the presence of the testator and each other.
While not required, a will can include a self-proving affidavit signed by the testator and witnesses before a notary public, which can expedite the probate process.
When a person passes away without a will, their estate is distributed according to Florida's intestate laws.
Directives, also known as advance directives, communicate a person's wishes about medical treatment in cases where they cannot make a decision themselves. The main types of directives in Florida include:
Living will: A living will specifies the types of medical treatment a person wishes to receive or avoid if they become terminally ill, have an end-stage condition, or are in a persistent vegetative state and unable to make their own medical decisions.
Healthcare surrogate designation: This allows a person to appoint someone else (a surrogate) to make healthcare decisions on their behalf if they cannot do so.
Durable power of attorney for healthcare: This is similar to a healthcare surrogate designation but can be broader in scope, allowing the designated agent to make a more comprehensive range of health and personal decisions.
Do not resuscitate order (DNRO): A DNRO is a specific medical order signed by a physician that directs medical personnel not to perform CPR if a person’s breathing stops or if the heart stops beating.
In Florida, powers of attorney (POAs) are governed by the Florida Power of Attorney Act, which outlines these legal documents' creation, use, and limitations. A POA is a legal instrument that grants one person, known as the agent or attorney-in-fact, the authority to act on behalf of another person, known as the principal, in legal matters and financial transactions. The act allows Floridians to plan for future incapacity by appointing someone they trust to manage their affairs.
Florida recognizes several types of powers of attorney, including:
General power of attorney: This document grants broad powers to the agent to act on the principal's behalf in various matters until it is revoked or the principal becomes mentally incapacitated.
Durable power of attorney: This type remains effective even if the principal becomes mentally incapacitated. It is essential for estate and incapacity planning.
Limited power of attorney: This document grants the agent authority to act on behalf of the principal in specific matters or events. Once the specific task is completed or the event occurs, the POA expires.
Springing power of attorney: Becomes effective only upon a specified event, typically the principal's incapacity.
The Florida Power of Attorney Act specifies certain requirements for a POA to be considered valid:
A power of attorney must be in writing.
The principal must be competent and understand the document's significance when executed.
The principal must sign the POA or, in the principal’s presence and at their direction, have another person sign the principal’s name.
The principal’s signature must be acknowledged before a notary republic.
Two adults must witness the principal’s signing of the POA. The notary public can serve as one of the witnesses.
A Power of Attorney can grant the agent a wide range of powers, including managing financial transactions, buying or selling real estate, and making healthcare decisions. However, certain acts, such as creating or amending a trust, changing beneficiary designations, or making gifts, cannot be performed by an agent unless the POA explicitly grants those powers.
A power of attorney in Florida can be terminated when:
The principal dies.
The principal becomes incapacitated (unless the POA is durable).
The principal revokes the POA.
The purpose of the POA is accomplished.
The POA provides for its termination.
Family law cases, like other court cases, are generally part of the public record in Florida. This means that documents filed in family law proceedings, such as divorce filings, child custody cases, and other related legal matters, are accessible to the public. However, significant exceptions are designed to protect the parties' privacy, especially in sensitive situations.
Certain types of information and documents may be exempt from public records for private reasons, such as financial and identifying information, which may be sealed or redacted to protect the parties' privacy. Information in cases involving child custody, adoption, and other matters concerning minors may be restricted to safeguard the confidentiality of the children affected.
Additionally, records related to domestic violence, including injunctions for protection, may have limited public access to protect the victims.
Parties involved in a family law case can request the court to seal certain records or an entire case file. To have records sealed, a party must demonstrate to the court that the need for privacy outweighs the public’s interest in accessing the records. The court will consider the request and decide whether to seal the records, making them inaccessible to the general public.
While many family law records are public, accessing them can vary depending on the county. Most Florida counties offer online access to court records through their Clerk of Court's website, where people can search for and view public records. For sealed records or documents unavailable online, you may need to contact the Clerk of Court's office directly.
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