Florida Family Law FAQs

How much can a parent move with a child before needing court approval in Florida?

Under Florida’s relocation law, relocation generally means moving at least 50 miles for at least 60 consecutive days. Without a qualifying written agreement, a parent generally must petition the court before relocating the child.

What counts as “relocation” under Florida custody law?

Fla. Stat. §61.13001 defines relocation as moving a principal residence at least 50 miles for at least 60 consecutive days. Temporary absences for vacation, education, or a child’s healthcare do not count.

Can moving without permission affect a Florida parenting plan?

Yes. Moving a child without complying with Florida’s relocation requirements can lead to contempt, an order returning the child, attorney’s fees, and consideration of the violation when the court evaluates relocation or modifies time-sharing.

Can a small or shared living space cost a parent custody in Florida?

Not by itself. Florida courts decide parental responsibility and time-sharing using the child’s best interests. Fla. Stat. §61.13 requires consideration of the family’s circumstances, stability, parenting abilities, safety, and other statutory factors.

Do grandparents have visitation rights in Florida?

Florida grandparents do not have automatic visitation rights. Fla. Stat. §752.011 permits petitions only in limited circumstances involving deceased, missing, or persistently vegetative-state parents, or certain situations involving a parent convicted of a qualifying offense.

Can Florida suspend a driver’s license for unpaid child support?

Yes. Fla. Stat. §61.13016 permits suspension of a delinquent support obligor’s driver’s license and vehicle registration. The statute provides for notice of the delinquency and intended suspension before suspension procedures move forward.

How much of a paycheck can be garnished for child support in Florida?

Federal law caps child-support withholding at 50% of disposable earnings when supporting another spouse or dependent child and 60% otherwise. Those limits rise to 55% and 65% for support more than 12 weeks overdue.

Does child support stop automatically when a child turns 18 in Florida?

Usually, but important exceptions exist. Support may continue for an 18-year-old still qualifying under Florida’s high-school exception or for a dependent person whose qualifying mental or physical incapacity began before adulthood. The governing order also matters.

When can Florida child support be modified?

Florida courts may modify child support when legally sufficient grounds exist. Under §61.30, guideline changes alone generally must produce at least a 15% or $50 difference, whichever is greater, to establish substantial change.

What happens when DCF removes a child from the home in Florida?

Florida law allows shelter placement only when statutory grounds exist and available services cannot eliminate the need for placement. Under Fla. Stat. §39.402, a child cannot remain sheltered beyond 24 hours without a court order following a shelter hearing.

Can a stepparent adopt a child in Florida without the biological father’s consent?

Sometimes. Consent requirements depend on the father’s legal status and circumstances. Under Fla. Stat. §63.089, a court may terminate parental rights pending adoption on statutory grounds, including abandonment proven by clear and convincing evidence.

How long does a stepparent adoption take in Florida?

Florida law does not establish one statewide completion time for every stepparent adoption. Timing depends on consent, service, required filings, parental-rights issues, hearings, and court scheduling. A contested case generally involves more procedural steps than a fully cooperative adoption.

Is a home study required for a stepparent adoption in Florida?

Usually not. Fla. Stat. §63.092(3) exempts stepparent and relative adoptions from the standard preliminary home-study requirement. However, the court may require a preliminary home study for good cause.

How do unmarried parents establish paternity in Florida?

Florida paternity may be established through a qualifying voluntary acknowledgment, court proceeding, or certain administrative procedures. Under Fla. Stat. §742.10, a voluntary acknowledgment may be rescinded within 60 days and later challenged only on limited grounds.

How do you get a domestic violence injunction in Florida?

A qualifying person files a verified petition for an injunction for protection. Under Fla. Stat. §741.30, a court may issue a temporary injunction when immediate and present danger exists, followed by a full hearing.

How quickly is a hearing held after a temporary domestic violence injunction?

A temporary injunction under Fla. Stat. §741.30 generally lasts no more than 15 days. The full hearing must be set no later than its expiration, although the court may grant a continuance for good cause.

Does a domestic violence injunction show up on a background check in Florida?

A domestic violence injunction is a civil court order, not a criminal conviction. Whether it appears on a background report depends on the records and databases searched, so someone should not assume it will always—or never—appear.

Must someone surrender firearms if a domestic violence injunction is filed against them in Florida?

Filing a petition alone is not the rule stated in §790.233. Florida law prohibits firearm or ammunition possession when a person is subject to a qualifying final domestic violence injunction currently in force. Other restrictions may also apply.

Can a spouse keep property that was gifted only to them before marriage?

Generally, yes. Under Fla. Stat. §61.075, property acquired before marriage and qualifying noninterspousal gifts are generally nonmarital. Later transactions, marital contributions, appreciation, or changes in title can affect classification.

Do both spouses have to appear in court for an uncontested divorce in Florida?

Not in every uncontested Florida divorce. Appearance requirements depend on the procedure used, the court’s instructions, and the case. Simplified dissolution and standard uncontested dissolution have different requirements, so parties should follow the requirements in their hearing notices and applicable court procedures.

Does adultery affect alimony or property division in Florida?

Adultery does not automatically change either result. Fla. Stat. §61.08 allows consideration of adultery and its economic impact for alimony. Property division may also be affected when marital assets were intentionally dissipated under §61.075.