What is the difference under Florida laws between a custodial parent and a non custodial parent
What is the difference between a custodial parent and a noncustodial parent hi i’m nydia streets a child custody lawyer with vari and associates a family law firm in downtown miami the difference between a custodial parent and a noncustodial parent lies in how much time each parent spends with the child a custodial parent is someone who spends majority times time with the child or with whom the child.
Primarily resides a noncustodial parent is a parent who basically has visitation with the child but does not have the child living with them the majority of the time the reason that the distinction is important is that when it comes to child support the noncustodial parent will likely have to pay the custodial parents more child support than if than what they would have to pay if the time sharing were equal or the custody were equal.
Also it comes into play with the irs tax exemption the custodial parent is usually the one entitled to claim the child as a tax exemption each year it’s important that if you are in the middle of a custody determination or the court making a custody determination that you seek representation to help you with that because you could you know lose time with your children that you would otherwise be entitled to.
If you do not seek the uh. the the amount at that time or you don’t put forth the right factors to the court uh. that would entitle you to equal time sharing or custody and it’s very hard once an initial custody order is made for you to change that later so we’re here to help contact us at vari and associates thank you for watching.
Orlando Family Law Attorney I got a New Job How do I Relocate With My Child
You got a great job but it’s 100 miles away. What happens when you want to relocate with your child? I’m Steve Kramer and I’m a Florida family law and divorce attorney. And this is a situation that does come up. Anytime that you want to relocate with your child and it’s more than 50 miles away from the court, you’re going to have to file a petition with the court. And this is the case even if you and your spouse agree to the relocation. You’ve still got to put it before the court. The bottom line is that the court is looking out for the best interest of the child. And if you and your spouse are agreeable, that’s great. If not, you’re going to have to file a petition. And this petition is going to.
Be just like a modification of child support, just like your divorce in some ways meaning that there’s going to be a final hearing on it. You are going to get ordered to meditation. And the court is going to be looking to the best interest for the children. And part of what the court is looking at is the move going to still allow for contact between your spouse â€“ or your exspouse â€“ and child? Is the child still going to see Mom or Dad? How’s it going to impact you and your ex financially? Is it going to be affordable? And if there’s going to be visitation arrangements how’s it going to be paid for? Who’s going to pay for it? And how’s it going to be afforded. And outside of that, it’s a good thing if.
Your spouse is agreeable. That’s great. You can sign off on the agreement, you can submit a parenting plan to the court, and basically it’s a formality to get it signed off on as long as it’s not clearly against the best interest of the child. But you’re going to have to put this before the court. The court is going to have to sign off on it and that’s how it’s going to have to be done. Why am I telling you this? Because I deal with these situations all the time. Relocation is something that comes up a lot and if it’s an issue that you’re facing, then I’d love to talk to you about your case. Give me a call; I’m here, I’m available. I’m Steve Kramer, thanks for watching.