What is Divorce in Florida?

In Florida, a divorce is legally termed as the "dissolution of marriage,” and the process begins with one spouse filing a petition for divorce in the circuit court. This petition states that the marriage is "irretrievably broken" or that one spouse has been mentally incapacitated for at least three years. Once the petition is filed, the other spouse must be served with divorce papers and given the opportunity to respond. During this initial phase, temporary orders may be issued by the court to address immediate issues such as child custody, child support, spousal support, and exclusive use of the marital home.

Following the filing and serving of divorce papers, both parties engage in a discovery process, where they exchange financial documents and other relevant information. This phase is crucial in determining equitable distribution of assets and debts, alimony, and any other financial matters. If children are involved, a parenting plan must be filed with the court to establish child custody and visitation arrangements. Mediation is often encouraged or required in Florida, offering the parties a chance to resolve disputes amicably before proceeding to trial.

If the parties cannot reach an agreement through mediation, the case will proceed to a trial where a judge will make determinations on contested issues. The judge will consider evidence presented by both parties and make decisions on the division of assets, alimony, child support, and custody arrangements according to Florida's equitable distribution and best interests of the child standards. Once the judge issues a final judgment, the divorce is legally finalized. The entire process can vary in duration, typically depending on the complexity of the issues and the level of cooperation between the parties.

What is Equitable Distribution in Florida?

Equitable distribution in Florida divorce cases refers to the fair division of marital assets and debts between spouses. Unlike community property states where assets are split 50/50, Florida follows the principle of equitable distribution, which means that the division is based on fairness and may not necessarily be equal. The court considers multiple factors to determine what is equitable, including the length of the marriage, the economic circumstances of each spouse, contributions to the marriage (including homemaking and child care), and any misconduct that may have affected the economic situation of the couple. The goal is to reach a fair distribution that reflects each party's contribution to the marriage and their future financial needs. It is important to note that only marital property is subject to equitable distribution, while each spouse typically retains their separate property acquired before the marriage or by gift or inheritance.

What is Marital versus Non-Marital Property?

In a Florida divorce, distinguishing between marital and non-marital property is crucial for equitable distribution. Marital property includes assets and debts acquired during the marriage by either spouse, regardless of whose name is on the title. This typically encompasses income, properties, retirement accounts, and any asset purchased with joint funds. On the other hand, non-marital property refers to assets acquired by a spouse before the marriage or individually through inheritance or gifts from third parties during the marriage. Non-marital property remains with the original owner unless it has been commingled with marital assets in a way that it loses its separate identity. Understanding the distinction between these two types of property is vital, as only marital property is subject to division in a Florida divorce, while non-marital property is usually retained by the owner. Determinations between marital and non-marital property can be tricky, and there are various types of property, such as certain real property and retirement funds, that may need to be assessed by financial professionals to determine marital versus non-marital portions of each. It is important to consult with a legal professional to determine your rights and what to expect in your Florida divorce proceeding.

How is Equitable Distribution Different from Community Property?

Equitable distribution and community property are two different legal principles used in the division of marital assets during divorce proceedings. In equitable distribution, which is the system used in Florida, the division of assets and debts is based on fairness rather than an equal 50/50 split. The court considers various factors such as the length of the marriage, the economic circumstances of each spouse, and contributions to the marriage, among others, to ensure a fair outcome. This means that one spouse may receive more than the other if deemed fair by the court. In contrast, community property states operate under the principle that all assets and debts acquired during the marriage are jointly owned and should be equally divided between the spouses, resulting in a straightforward 50/50 split. Community property does not take into account individual contributions or needs, focusing instead on a clear equal division of marital property.

What is Alimony?

In Florida, alimony, also known as spousal support, is a financial arrangement awarded by the court to a dependent spouse following a divorce. The purpose of alimony is to provide financial assistance to the spouse who may have a lower earning capacity or who may have sacrificed their own career advancement for the family. The court considers several factors when determining the need for alimony, including the duration of the marriage, the standard of living established during the marriage, and the financial resources and earning capacity of both spouses.

Florida law recognizes several types of alimony, each serving different needs and circumstances. Temporary alimony is awarded to provide support during the divorce proceedings, while bridge-the-gap alimony helps the receiving spouse transition from married life to single life. Rehabilitative alimony is designed to support the recipient while they gain education or training to become self-sufficient. Durational alimony provides financial support for a set period, based on the length of the marriage. The potential amount and duration of alimony to be paid will depend on several factors and the type of alimony that may be ordered by the court.

When deciding the amount and type of alimony in a Florida divorce case, the court exercises considerable discretion. It evaluates the needs of the recipient spouse and the ability of the paying spouse to meet these needs while still maintaining their own financial stability. The court also considers any other relevant factors that may affect the financial situation of the parties involved, such as the age, health, and earning potential of each spouse. Modifications to alimony can be requested if there is a significant change in circumstances, such as a change in employment status or the remarriage of the recipient, making it a dynamic and adaptable aspect of divorce settlements in Florida.

What are Child Custody Issues in Divorce?

In Florida, child custody during divorce proceedings is determined based on the best interests of the child, as the state prioritizes the well-being and stability of children above all else. Florida law uses the term "parental responsibility" instead of "custody," and the courts generally encourage shared parental responsibility unless it is deemed detrimental to the child. This means that both parents are encouraged to participate equally in major decisions regarding the child's life, such as education, healthcare, and religious upbringing. However, time-sharing schedules, which outline when each parent will spend time with the child, are determined according to the specific circumstances of each case. While Florida Law creates a presumption that each parent has equal time with the children, the presumption may be refuted based on several factors. Factors considered include each parent’s ability to provide a stable environment, moral fitness, and the child's preference if they are of sufficient age and maturity. Ultimately, the court aims to ensure that the child maintains a strong, healthy relationship with both parents post-divorce.

What is Mediation in a Divorce Proceeding?

Mediation in a Florida divorce proceeding is an alternative dispute resolution process that provides divorcing couples an opportunity to resolve their differences outside of a courtroom setting. Often encouraged or mandated by courts, mediation involves a neutral third-party mediator who facilitates communication between the spouses to help them reach mutual agreements on various aspects of their divorce, such as property division, alimony, child custody, and support. The mediator does not make decisions for the parties but rather assists them in understanding each other's perspectives and exploring potential solutions. Mediation aims to reduce the emotional and financial costs of divorce litigation by fostering a collaborative environment, allowing couples to retain control over the outcomes and create tailored agreements that best suit their family's needs. If successful, mediation can lead to a more amicable dissolution of marriage and a quicker resolution of disputes, while preserving a cooperative relationship between the parties, which can be particularly beneficial when children are involved. If mediation fails to result in an agreement, the parties may proceed to trial, where a judge will make the final determinations on contested issues.

Will I need to Hire Experts in Addition to a Lawyer for my Divorce?

During a divorce in Florida, clients may hire several types of experts to assist in the process and ensure that all aspects of their case are addressed with the necessary expertise. A financial expert or forensic accountant is often brought on board to help in the identification and valuation of marital assets and liabilities. This is especially crucial in high-asset divorces where complex financial portfolios are involved. These experts meticulously review financial documents to uncover hidden assets and evaluate the true worth of properties, businesses, and investments. Their insights can prove invaluable in ensuring a fair and equitable distribution of assets, especially when one party might have attempted to conceal or undervalue assets.

Another key expert that might be involved is a child psychologist or custody evaluator, particularly in cases where child custody is disputed. The role of these professionals is to assess the family dynamics and provide recommendations in the child's best interests for custody arrangements. They conduct interviews and observations of both the parents and the children, aiming to understand the needs and preferences of the child. A well-informed evaluation can significantly influence court decisions regarding custody and visitation rights. Additionally, vocational experts may be hired to assess a spouse’s earning potential, which can impact alimony awards. These experts evaluate the skills, work experience, and job opportunities available to a spouse who has been out of the workforce or is underemployed. By hiring these experts, clients can ensure a comprehensive and informed approach to their divorce proceedings, which can lead to more equitable outcomes in terms of financial settlements and custody arrangements.

These experts provide specialized knowledge and impartial assessments that supplement the legal advice provided by divorce attorneys, helping to navigate the complexities that often accompany legal separations. Their involvement is often critical in contested cases where parties cannot agree on asset valuations, support obligations, or custody matters, offering an objective analysis that supports negotiations or court decisions.

How Expensive is Divorce?

How expensive a divorce will be will depend on several circumstances. If there are no children and very few issues relating to property and alimony, the costs in obtaining a divorce may be much less compared to a scenario where there are numerous issues that will be contested. Additionally, the more cooperative the parties are in reaching an early agreement about the resolution of property, alimony, and custody issues that may be involved, will significantly reduce the expense in many situations.

On the other hand, cases with significant assets in dispute, or significant child custody concerns, may cost much more to litigate, particularly if the case will involve the extensive use of experts and ultimately be presented to the court at trial. Every individual’s situation is different, so it is important to address your situation with a legal professional to determine your rights, potential legal liabilities, and what to expect during the divorce process.

What is Alimony in Florida?

Alimony, often referred to as spousal support or maintenance, is a legal obligation in Florida arising from divorce proceedings, where one spouse provides financial assistance to the other. The primary goal of alimony is to ensure that the financially dependent spouse can maintain a standard of living similar to that experienced during the marriage. Florida law recognizes several types of alimony, including bridge-the-gap, rehabilitative, durational, and lump-sum alimony, each tailored to meet specific needs based on the duration of the marriage, the standard of living established during the marriage, and the financial circumstances of each party. The court considers various factors in determining alimony, such as the length of the marriage, the age and health of each spouse, and their respective incomes.

In Florida, alimony is not automatically granted and requires a well-substantiated need by the requesting party, coupled with the other party's ability to pay. The legal process involves presenting evidence and arguments to support the claim for alimony, often requiring detailed financial documentation. Alimony arrangements can be modified if there is a significant change in circumstances, such as a loss of income or changes in the financial needs of either party. The court aims to strike a balance between providing sufficient support to the dependent spouse while ensuring that the paying spouse is not unduly burdened. Consequently, each case is assessed individually, resulting in alimony orders that are specifically tailored to the unique financial dynamics of the divorcing couple.

What is Durational Alimony?

Durational alimony in Florida is a type of spousal support awarded to provide financial assistance for a set period following a divorce. This form of alimony is typically the main type of alimony addressed in the vast majority of divorce cases in Florida today. Due to changes in the law in 2023, courts no longer consider what was previously known as permanent periodic alimony (a type of alimony that would typically last until the recipient spouse remarried or died), and durational alimony now tends to be the primary focus in many divorce proceedings.

The length of durational alimony will depend on the length of the marriage in question. For marriages lasting three to ten years, durational alimony may last up to 50 percent of the length of the marriage, while durational alimony for a marriage lasting 10 years to 20 years  can last for up to 60 percent of the length of the marriage, and durational alimony for a marriage 20 or more years can last up to 75 percent of the length of the marriage. Courts may not award durational alimony for marriages lasting 3 years or less, and factors influencing the award of durational alimony include the standard of living during the marriage, the length of the marriage, the financial resources of both parties, and each spouse's earning capacities and contributions to the marriage.

The total amount of alimony that may be ordered is also capped under Florida law. Once the court decides that there is a need for alimony by one spouse and that the other spouse has the ability to pay such support, the court will determine the appropriate amount of alimony to be paid. In the case of durational alimony, the alimony will generally be paid on a monthly basis. Pursuant to current Florida law, the total amount of alimony should be based on the recipient spouse’s reasonable need, but may not exceed 35 percent of the difference between the spouses’ incomes.

What is Bridge-the-Gap Alimony?

In Florida, bridge-the-gap alimony is a type of short-term financial support awarded in divorce cases to assist a spouse with the transition from married to single life. This form of alimony is designed to cover legitimate, identifiable short-term needs while the receiving spouse adjusts to life after marriage. Typically, bridge-the-gap alimony addresses expenses such as moving costs, securing a new residence, or other immediate financial needs resulting from the divorce. It is not intended to provide long-term support and, by law, cannot exceed a duration of two years. Importantly, this type of alimony is non-modifiable, meaning the amount and duration cannot be changed once ordered, and it terminates upon the death of either party or the remarriage of the recipient.

What is Rehabilitative Alimony?

In a Florida divorce, rehabilitative alimony is a form of financial support awarded to a spouse who needs time and resources to become self-sufficient following the end of the marriage. This type of alimony is often granted when the recipient spouse requires further education, training, or work experience to develop skills that will enable them to earn an income independently. The goal of rehabilitative alimony is to aid the recipient in transitioning into the workforce or upgrading their skills to better support themselves. The court will typically require a specific rehabilitative plan outlining the steps the receiving spouse will take to achieve self-sufficiency. This plan helps in determining the amount and duration of the support, ensuring it serves its intended purpose effectively.

Rehabilitative alimony cannot last more than 5 years. Further, rehabilitative alimony is modifiable based on a substantial change in circumstances, upon non-compliance with the rehabilitative plan, or upon completion of the rehabilitative plan.

What is Lump Sum Alimony?

In a Florida divorce case, lump sum alimony is a form of spousal support granted as a one-time payment, rather than through periodic payments over time. This type of alimony is often awarded when there is a need to equalize the financial standing of both parties post-divorce or when periodic payments are impractical, perhaps due to the paying party's unreliable income or the receiving party's immediate financial needs. The court considers various factors, including the length of the marriage, each party’s financial resources, and contributions to the marriage, both economic and non-economic. Lump sum alimony can provide a clean financial break between the parties, but it must be clearly defined in the divorce decree to ensure enforceability.

What is a Paternity Case in Florida?

A paternity case in Florida is a legal action taken to establish the fatherhood of a child, which is essential for determining parental rights and responsibilities. This process is crucial for unmarried parents to legally recognize a child's biological father, enabling him to obtain custody rights, visitation, and make important decisions in the child's life. In Florida, establishing paternity can also ensure the child receives financial support, benefits, and inheritance rights. A paternity case can be initiated by either parent, the child, or the Department of Revenue, and typically involves genetic testing if paternity is contested or unclear.

How is Child Custody Addressed in a Florida Paternity Case?

In Florida, child custody during a paternity proceeding is determined based on the best interests of the child, as the state prioritizes the well-being and stability of children above all else. Florida law uses the term "parental responsibility" instead of "custody," and the courts generally encourage shared parental responsibility unless it is deemed detrimental to the child. This means that both parents are encouraged to participate equally in major decisions regarding the child's life, such as education, healthcare, and religious upbringing. However, time-sharing schedules, which outline when each parent will spend time with the child, are determined according to the specific circumstances of each case. While Florida Law creates a presumption that each parent has equal time with the children, the presumption may be refuted based on several factors. Factors considered include each parent’s ability to provide a stable environment, moral fitness, and the child's preference if they are of sufficient age and maturity. Ultimately, the court aims to ensure that the child maintains a strong, healthy relationship with both parents post-divorce.

How is Paternity Established in Florida?

Paternity in Florida may be established by executing a joint affidavit of paternity, which is commonly done when a child is born. This affidavit becomes irrevocable after a period of 60 days and generally results in the father being listed on the child’s birth certificate.

In a court action to determine paternity, paternity may be admitted; otherwise, scientific testing may be required. In order to conduct scientific testing, a party may file a motion with the court to order a genetic test to determine paternity. If ordered by the court, the parties and the child will generally be directed to a laboratory facility to obtain a cheek swab for DNA testing to determine the likelihood of paternity for the father. A test that indicates a 95 percent or greater possibility of paternity creates a reputable presumption of paternity for the father.

What is the Putative Father’s Registry in Florida?

Family members are not personally responsible for the debts of the decedent; however, creditors of the decedent may have a right to payment from the assets of the estate. There are several rules regarding what assets are available to pay the creditors of the decedent and in what order certain creditors are paid from those assets. There is also the responsibility to make reasonable efforts to identify any potential creditors of the estate in most circumstances, so it is a good idea to exercise caution and seek the proper legal advice prior to dealing with the assets of a decedent.

What is Child Support in Florida?

Child support in Florida is a legal obligation for parents to provide financial assistance for their children following a separation or divorce. The state of Florida uses a specific set of guidelines to determine the amount of support that should be paid, which are based on the combined income of both parents, the number of children involved, and the time each parent spends with the children. The primary goal of child support is to ensure that the child's needs are met, which may include expenses for education, healthcare, housing, and any other necessary costs that contribute to a child's well-being. The Florida Department of Revenue often oversees the process, ensuring compliance and assisting with enforcement when necessary.

In Florida, child support payments are typically calculated using a formula that considers factors such as each parent's net income, the child's healthcare costs, and daycare expenses if applicable. Parenting time, or the amount of time the child spends with each parent, is also considered in determining the support amount. Adjustments can be made if circumstances change, such as a parent's income fluctuation or a significant change in the child's needs. Non-payment of child support can lead to legal consequences, including wage garnishment, license suspension, or even imprisonment. Therefore, it's crucial for parents to understand their obligations and communicate any changes in their ability to pay to avoid penalties.

Can Child Support be Waived by the Parents of the Child in a Divorce or Paternity Case in Florida?

Generally, child support cannot be waived in a Florida divorce or paternity case. Public policy in Florida considers the support payments as belonging to the child, even though the payments are made from one parent to the other.

Can the Court Deviate from the Child Support Guidelines in Florida?

Courts are allowed to deviate from the child support guidelines established by law under certain circumstances. The court may allow a deviation of up to 5 percent of the guidelines without a written finding. Anything more than 5 percent must be supported by good cause, and the court must make written findings in the final child support order outlining the reasons for the deviation.

What is Substantial Shared Parenting in Florida for Purposes of Child Support?

In Florida, child support calculations differ significantly depending upon whether a case involves substantial shared parenting. In situations where substantial shared parenting is present, which typically means that each parent has the child for at least 20% of the overnights in a year, the child support formula takes into account the time-sharing arrangement. This means that the child support obligation is adjusted in relation to the amount of time each parent spends with the child. The rationale is that costs associated with child-rearing are directly linked to the time spent with the child. As such, the parent with less overnight time may have a reduced child support payment since they are already incurring direct expenses during their time with the child.

Conversely, in cases where substantial shared parenting does not occur, which means one parent has the child for less than 20% of the overnights, the child support calculation is more straightforward. The parent with less parenting time generally has a higher child support obligation because they are not sharing as much of the direct costs associated with raising the child. This approach recognizes that the parent with primary custody bears a greater day-to-day financial responsibility for the child's needs. The calculation in such cases is predominantly based on the income shares model, which considers both parents' incomes, but allocates more responsibility to the non-custodial parent to ensure that the child's standard of living is maintained across both households.

When does Child Support End in Florida?

In Florida, child support obligations typically terminate when the child reaches the age of 18, which is considered the age of majority. However, there are exceptions to this rule. If the child has not yet graduated from high school by the time they turn 18, child support may continue until the child graduates or reaches the age of 19, whichever occurs first. Additionally, if a child is legally emancipated before reaching 18, child support may end before the child reaches adulthood. Emancipation can occur if the child gets married, joins the military, or is otherwise declared independent by a court. It's important for parents to understand these stipulations to ensure compliance with state laws.

In some cases, child support may extend beyond the age of 18 if the child is physically or mentally incapacitated and unable to support themselves. In such instances, the court may require continued support to provide for the ongoing needs of the child. Additionally, parents can agree to continue child support beyond the statutory requirement through a mutual agreement or court order, often seen in cases where a child is attending college or requires special assistance. It's crucial for parents to review their child support orders and consult with a legal expert if they anticipate that support obligations may need to extend beyond the typical termination age.

Can Child Support be Modified?

Child support may be modified by the court in situations where a substantial change in circumstances occurs. This can happen when one or both of the parties’ incomes substantially change, or if there is a change in the timesharing with the minor child ordered by the court. If timesharing is modified by the court, child support will generally be reconsidered at that time as well.

What is Timesharing?

In Florida family law cases, timesharing refers to the schedule that outlines how divorced or separated parents will share time with their minor children. Under Florida law, the concept of timesharing replaces the traditional notion of "custody," promoting a more balanced and cooperative approach between parents. The court requires parents to develop a parenting plan that details the timesharing schedule, including how overnights, holidays, and vacations will be divided. The primary focus of timesharing arrangements is the best interest of the child, ensuring that both parents remain actively involved in their children's lives while fostering a stable and nurturing environment.

Florida law now creates a presumption of equal timesharing between the parties. The presumption of equal timeshare can be rebutted with evidence relating to the factors that the court must consider when ordering a timesharing schedule, which include, but are not limited to:

• The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

• The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

• The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

• The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

• 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 demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.

• The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

• The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

• Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect or evidence that a parent has or has had reasonable cause to believe that he or she or his or her minor child or children are in imminent danger of becoming victims of an act of domestic violence, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

• Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

• The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

• The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

• The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

• The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

• The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.

• Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

What is Parental Responsibility?

In Florida family law, parental responsibility refers to the legal rights, duties, and authority a parent has concerning their child's upbringing, health care, and welfare. It indicates the responsibility to make decisions that are in the best interest of the child. The state of Florida typically encourages both parents to share parental responsibility unless it is determined that such an arrangement would be detrimental to the child. This shared responsibility means that both parents must collaborate on significant decisions concerning their child's education, health care, and religious upbringing. Even after a divorce, both parents are expected to maintain active and involved roles in their child's life, ensuring that the child's needs and interests are prioritized.

In cases where shared parental responsibility is not possible or advisable, the court may award sole parental responsibility to one parent. This means that one parent will have the exclusive right to make decisions about the child's welfare and upbringing. Factors that may influence this decision include evidence of domestic violence, substance abuse, or any other condition that might impair a parent's ability to provide a safe environment for the child. Florida law emphasizes the importance of maintaining a stable and nurturing relationship between the child and both parents, whenever possible. Therefore, even in cases of sole parental responsibility, the non-custodial parent may still have rights to visitation or other forms of contact to foster a relationship with their child.

What is Temporary Custody by an Extended Relative?

In Florida family law, temporary custody by an extended relative refers to a legal arrangement where a relative, such as a grandparent, aunt, or uncle, is granted legal custody of a child. This arrangement is typically sought when the child's parents are unable to provide adequate care due to reasons such as illness, substance abuse, incarceration, or other circumstances that may prevent them from fulfilling their parental responsibilities. Extended custody by a relative is intended to ensure the child's safety and well-being by placing them in a stable and supportive environment with a familiar and trusted family member. The process involves filing a petition with the court, providing evidence of the necessity for custody, and demonstrating that this arrangement serves the child's best interests.

The court considers various factors before granting extended custody to a relative in Florida, including the child's relationship with the relative, the relative's ability to care for the child, and the child's own preferences if they are of sufficient age and maturity to express them. This legal arrangement can be temporary or permanent, depending on the circumstances and the court's findings. It's essential for the relative seeking custody to understand the responsibilities and legal implications involved in becoming a child's custodian, as they will be responsible for the child's day-to-day needs and decisions regarding their education, healthcare, and overall welfare.  Custody by an extended relative is a crucial option in Florida family law, providing a necessary alternative to foster care and ensuring that children remain within their family network when possible.