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(b) The petition for temporary custody, the court shall grant the petition only upon a finding, by clear and convincing evidence, that the child's parent or parents are unfit to provide for the care and control of the child.
Temporary relief - or pendente lite ? orders are designed to help spouses in a divorce proceeding stay afloat financially and reach some sort of short-term solution on custody and other issues while a case is pending. As the name suggests, these orders are temporary. They are also widely up to a judge's discretion.
TYPES OF FLORIDA TEMPORARY RELIEF MOTIONS They are motions to resolve issues of temporary alimony, temporary child support, temporary custody, and temporary attorney's fees and costs. In the absence of an emergency situation, the court requires the parties to mediate these issues prior to scheduling a motion hearing.
If both parents are under 18 (and unemancipated) at the time of the child's conception, their parents (the child's grandparents) share primary responsibility for supporting the child. This responsibility lasts until both minor unemancipated parents become age 18 or are emancipated.
A motion for temporary alimony argues that you have limited funds and need financial assistance during the divorce proceedings. A motion for child support relief in Florida requests retroactive child support, current child support, and future child support.
The filing fee is approximately $400. If you do not have the money to pay the filing fee, you can ask that the fee be waived. Ask the Clerk of Court for the form, ?Application for Determination of Civil Indigent Status?, to apply for the fee waiver.
In Florida, both parents are legally obligated to support their child until the child becomes an adult. In the case of divorce, one parent is typically required to pay child support to the other parent. In Florida, child support calculations are based on two factors.
Florida. If monthly income exceeds $10,000, child support is calculated by multiplying the amount of income over $10,000 by a percentage based on the number of children. For this, one child is 5%, two is 7.5%, three is 9.5%, four is 11%, five is 12%, and six is 12.5%.
How to get Emergency Custody of a Child in Florida Contact an attorney. The most important step in making sure you have a successful family court hearing is to contact a qualified legal team.File a motion for emergency custody.Prepare for court.
NON-BIOLOGICAL FATHERS CAN BE ORDERED TO PAY CHILD SUPPORT Non-biological fathers may be ordered to pay child support for a minor child that is not his biological child if you meet one of the definitions of ?father.? Florida statutes are written to serve the best interests of a minor child and not the father.