Currently, 5.9% of all marriages in Florida result in a divorce, which is one of the highest divorce rates in the country. Florida divorce law follows the no fault approach; thus, a party does not need to be at fault in order for a Florida family law court to grant a divorce petition. For instance, the party seeking the divorce does not need to prove adultery or domestic violence, the petitioner only needs to testify that the marriage is irrevocably broken. Even though the requirements are lax, divorces can be very challenging and stressful, especially if there are children involved. Anyone considering filing for divorce should always meet with a Tampa divorce lawyer before taking any legal action. Florida divorce law could significantly impact who gets custody of the children and the non-guardian’s visitation rights. In most cases, each parent will hire a Tampa divorce lawyer to help them fight for custody of their children. However; in some cases an extended family member may also enter the debate and be granted custody by a Florida family law court. Under Florida divorce law, an eligible extended family member can be a relative of a minor child within the third degree by blood or marriage. For instance, a minor’s grandmother may be eligible to petition for temporary custody of the minor.
The extended family member may petition the Florida family law court for temporary custody if they have the consent of both parents, or if their Tampa divorce attorney can prove their clients are currently caring for the children on a full time basis. However, if either parent objects to the petition the extended family member’s Tampa divorce attorney must prove that the parents are unfit to care for the children by clear and convincing evidence. The clear and convincing threshold is a much higher threshold than the beyond a reasonable doubt standard typically used in court. In most cases, the Tampa divorce attorney will need to show that the objecting parent has abused, abandoned, or neglected the children. In order to satisfy the clear and convincing standard the Tampa divorce lawyer will need to submit credible evidence to the court. For instance, police records or reports from other governmental agencies showing a pattern of neglect or abuse should be used if available.
If you are contemplating filing for divorce and need legal advice contact Florida Law Group. Our team of Tampa divorce lawyers can answer your questions and develop a legal strategy to help achieve your goals.
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