Is Child Custody Separate From Divorce in Orlando?

If you’re approaching a custody battle in Orlando, you might wonder how this process will occur alongside your divorce. Is child custody “separate” from divorce, or is it all part of the same legal process? While the various aspects of divorce are handled differently by family courts in Florida, parents cannot end their marriage without first resolving child custody issues. In that sense, the two processes are linked.

You Cannot End Your Marriage Without First Dealing with Child Custody 

Child custody is part of divorce because you cannot end your marriage without first resolving this issue. You should also know that child custody can affect other aspects of your divorce. For example, it is impossible to determine how much child support you should pay unless you first resolve child custody. If you have sole physical custody and you earn less than your ex, you’ll probably receive child support instead of paying it.

Child Custody Could Affect Property Division 

You should also know that child support has the potential to affect property division in Orlando. The obvious example involves the family home. The parent who wins sole physical custody may be more likely to keep the family home. This is because child custody occurs first in most Florida divorces, followed immediately by equitable distribution.

Suppose you win sole physical custody of your child in Orlando. Next, the court will proceed to equitable distribution. A judge may then decide that it makes sense for you to keep the family home, as this ensures a familiar environment for your children.

The “desirability” of keeping a family home in the possession of a parent is a relevant factor under Florida’s equitable distribution statute, assuming that the parent has custody over their child. As long as it is economically feasible to maintain the family home without selling it, family courts tend to keep children with their primary guardians in their existing family homes. Family courts believe that this limits the stress and turbulence of a divorce for children.

Child Support Is Separate From Child Custody 

Florida courts tend to follow the “PEACE” acronym when it comes to the order of divorce proceedings. This acronym means that parenting issues come first, followed by equitable distribution and alimony. Child support is one of the last steps in this process.

You generally need to resolve property division, alimony, and custody before approaching child support. This is because child support depends on various financial factors, and the economic circumstances of a parent are not clear until issues like property division and alimony are resolved.

Can an Orlando Child Time Sharing Lawyer Help Me? 

If you’re going through a divorce while simultaneously trying to resolve child custody issues, you’re not alone. A child time sharing lawyer in Orlando can help you approach this process confidently. Steve Marsee, P.A. has experience with other divorce-related matters, such as alimony and property division. Contact us today to get help with the entire divorce process.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html