Family Law and Divorce

If you are facing divorce in North Central Florida, the law firm of Samuel A. Mutch, P.A.  can explain your options, protect your legal rights and guide you through the divorce process.  Our attorneys zealously advocate for clients' legal rights with respect to divorce and family law. The firm is experienced in the full spectrum of dissolution of marriage matters, successful both at the negotiating table and in court.

The firm represents clients in all aspects of divorce, including:

• Division of Marital Assets/ Non-Marital Assets
• Child Custody/Visitation
• Child Support
• Alimony Issues
• Domestic Violence
• Parental Responsibility
• Relocation
• Post-Judgment Modification

In divorce cases with children involved, and in paternity cases, the judge favors neither the mother nor the father, but the child. The best interest of the child is always paramount.

Determination of Child Custody and Parental Responsibility

Judges in the state of Florida are required by the Florida legislature to consider the following factors when making a determination of parental responsibility and primary residence/custody:

• The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.
• The love, affection, and other emotional ties existing between the parents and the child.
• The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
• The permanence, as a family unit, of the existing or proposed custodial home.
• The moral fitness of the parents.
• The mental and physical health of the parents.
• The home, school, and community record of the child.
• The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
• The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
• Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding.
• Evidence of domestic violence or child abuse.
• Any other fact considered by the court to be relevant. Florida Statute §61.13.

Designations of legal decision making include shared parental responsibility, shared parental responsibility with exceptions, and sole parental rights.

Relocation

A new Florida statute governing child relocation has very particular guidelines and pleading requirements that must be followed when one party desires to move outside of a pre-ordered geographic area. The firm will discuss whether a particular situation rises to the level to merit a relocation of a child and explore alternative timeshare options.

Determinations in Relocation Cases

The court shall evaluate all of the following factors when making a determination regarding relocation:

• The nature, quality, extent of involvement, and duration of the child's relationship with the parent proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child's life.
• The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child.
• The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, visitation, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent once he or she is out of the jurisdiction of the court.
• The child's preference, taking into consideration the age and maturity of the child.
• Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
• The reasons of each parent or other person for seeking or opposing the relocation.
• The current employment and economic circumstances of each parent or other person and whether or not the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
• That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
• The career and other opportunities available to the objecting parent or objecting other person if the relocation occurs.
• A history of substance abuse or domestic violence by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
• Any other factor affecting the best interest of the child. Florida Statute §61.13001.

Post dissolution of marriage matters

The firm will help determine whether a change in circumstances merits the modification of an order for custody or financial support. Post dissolution of marriage matters are particularly fact driven.

Contact our office to schedule an appointment with one of the attorneys of the law firm of Samuel A. Mutch, P.A. by calling (352) 378-5599 or by e-mailing us.