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Miami Divorce Law Blog

Child custody decision: The factors

When deciding which parent will obtain custody of a child, the court will always answer the following question: What is in the best interest of the child?

From where you sit, you probably believe that the child living with you is best. Of course, the same can be said for the other parent. This is why it's important to understand the factors the court considers when making this critical decision.

How are you managing parenting time over the holidays?

Co-parenting at any time of the year can be extremely challenging, as a number of things can get in your way.

This is even more so the case during the holidays, as both parents will want to spend as much time as possible with their child.

What will you include in your prenuptial agreement?

If you come to the conclusion that creating a prenuptial agreement would be in the best interest of you and your soon-to-be spouse, you shouldn't waste any time taking action.

Before you take the first step, you must first have a clear idea of what you want to include in your prenuptial agreement. Here are a few things to consider:

  • Distinguish between martial and separate property: This is one of the primary benefits of a prenuptial agreement. It allows you to specify what you're bringing into the marriage, as to ensure that it's not subject to property division in the event of a divorce.
  • Protection from debt: Just the same as assets, one or both people may bring debt into the marriage. A prenuptial agreement can help protect you against being responsible for debt your spouse accumulated before tying the knot.
  • To provide an inheritance to children from a past marriage or relationship: If you have concerns about this you can outline your intentions in a prenuptial agreement.
  • Protection for family property: For example, you can include a family business or heirlooms in your prenuptial agreement, as to ensure that you maintain ownership in the event of a divorce.

There is more than 1 thing that can lead to divorce

When you tie the knot, you never think about the day when you'll have to discuss divorce with your spouse. Unfortunately, this could become reality at some point in the future.

There are many things that can result in a divorce, ranging from basic disagreements to something much more serious.

Tips for dividing credit card debt in divorce

You have the right to divorce your spouse, but that doesn't mean everything will go smoothly in regard to property and debt division.

If you have joint credit card debt, this is something that you need to focus on early in the divorce process. It's easy to get so hung up on asset division that you overlook debts, but you don't want to let this happen to you.

Summer vacation can lead to child custody trouble

Children all over the country look forward to taking a summer vacation. From the time in the car to fun in the sun, they know they'll enjoy every last minute of their trip.

Unfortunately, as a parent, you could run into custody issues as you plan a vacation with your child or children.

Are you doing these things to better communicate with your ex?

As you go through a divorce, you'll begin to think about what the future will bring in regards to communication with your soon-to-be ex-spouse.

If you don't have any children together, there may be no reason to communicate. However, if you have at least one child with the person, successful co-parenting is an absolute must. This is where the right communication strategy comes into play.

Will you make these mistakes after divorce?

Many people are so concerned about life after divorce that they're afraid to actually push forward with the process. Subsequently, they remain in their marriage despite the fact that it's not the best decision for them.

If you come to realize that divorce is the best way to take control of your life, you should learn more about the process and your legal rights. You should also immediately turn your attention to the things that will change after divorce, as this will give you enough time to get everything in order.

Parental relocation presents many custody challenges

When you share custody of your child with another parent, there is always the possibility that one or both of you may need or want to move to another area, possibly significantly away from your current residence. In Florida, you may not simply take a child and move away, especially depending on the distance that you wish to move and if the transition takes you across state lines.

Should you or your child's other parent wish to move more than 50 miles from you current residence, then you must either acquire the permission of the court to do so or reach a written agreement with the other parent that expressly condones the move. Even then, a written agreement by parents may still require the approval of a court after a review of the agreement's terms.

Family law matters and mediation: Just what you need

While you may have every reason to believe your family law matters will end up in court, here's something to remember: The state of Florida expects you to do whatever you can to resolve all disputes out of court, such as through mediation.

Even though you may be unfamiliar with formal mediation, you'll come to find that it's a great way to save time and money, while also eliminating some of the emotional stress.

Contact Our Miami Divorce Lawyers — Let Us Evaluate Your Legal Matter

To make an appointment for a consultation with one of our experienced family law attorneys, call 305-742-0063 or fill out our simple intake form today.

From our law offices in Miami, Florida, we represent clients in North Miami, Miami-Dade County and throughout the South Beach area.

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