Kissimmee Injury Lawyer > Kissimmee Family Lawyer

Kissimmee Family Lawyer

Compassionate Family Law Representation in Osceola County

Family law matters are among the most emotionally challenging legal situations you can face. Whether you are going through a divorce, fighting for custody of your children, seeking protection from domestic violence, or trying to establish your parental rights, the outcome of your case will affect your life and your family for years to come. At Draper Law Office, our Kissimmee family lawyers understand what is at stake. We work with you to get through this difficult time by offering a level head, sound legal advice and dedicated advocacy as you navigate the process.

Our firm has been serving families throughout Osceola County since 1984, and we have the experience to handle even the most complex and contentious family law disputes. We take the time to understand your unique situation, explain your legal options clearly, and develop a strategy that protects your rights and the best interests of your children. Whether your case can be resolved through negotiation or requires litigation in court, our attorneys are prepared to guide you every step of the way. We represent clients in Kissimmee, Celebration, Davenport and throughout central Florida.

Divorce and Dissolution of Marriage in Florida

Our primary focus in family law is the dissolution of marriage, or divorce. Florida is considered a no-fault divorce state, which means that irreconcilable differences can be valid grounds for ending a marriage. Neither spouse is required to prove that the other was responsible for the breakdown of the relationship. Divorces can be uncontested or contested. In uncontested cases, the spouses have reached agreement on all major issues, including child custody, division of assets and debts, and support. In a contested divorce, the parties have not agreed on one or more of these issues, and the court must intervene to make those determinations. Even if your divorce is uncontested, it is important to have an experienced attorney involved to ensure the process of filing and guiding the case through the court system is handled correctly and efficiently.

Divorce often involves several interrelated legal issues that must be resolved, and our attorneys have extensive experience handling each of them. The equitable distribution of marital property requires a careful accounting of all assets and liabilities accumulated during the marriage and a fair division based on the circumstances of each case. Alimony may be awarded to help a spouse maintain a reasonable standard of living after the divorce, and the type and duration of support depends on factors including the length of the marriage, each spouse’s financial resources, and their respective contributions to the marriage.

Child Custody, Support and Visitation

When children are involved in a family law matter, their wellbeing is always the top priority. Florida courts make all custody and time-sharing decisions based on the best interests of the child, and our attorneys work to ensure that your parental rights are protected throughout the process.

Child custody in Florida is divided into two components: parental responsibility, which refers to decision-making authority over the child’s medical care, education, religious upbringing and other important matters, and primary residence, which determines where the child primarily lives. Florida law presumes that shared parental responsibility is in the child’s best interest, though the court has discretion to award sole parental responsibility when circumstances warrant it.

Child support is calculated according to the Florida Child Support Guidelines and is intended to ensure that the child’s financial needs are met by both parents. The amount is based on each parent’s income, the number of overnights each parent has with the child, and other relevant factors such as health insurance and childcare costs. Child support cannot be waived by a parent, as it is considered the right of the child.

Child visitation and time-sharing disputes can be among the most contentious aspects of a family law case. Our attorneys fight to ensure that your parenting time is fair and that any time-sharing arrangement serves the best interests of your child. We also assist clients with modifications to existing custody and visitation orders when a substantial change in circumstances warrants an adjustment.

Domestic Violence and Injunctions

If you or your family members are experiencing domestic violence, your safety is the immediate priority. Florida law provides for domestic violence injunctions, which can order an abuser to stay away from you, vacate a shared residence, and have no contact with you or your children. Our attorneys assist individuals seeking injunctions for protection, including those involving sexual violence, dating violence, repeat violence, and stalking. We also represent respondents who have been served with an injunction and need to protect their rights in the proceedings. Regardless of which side of an injunction case you are on, having experienced legal representation is critical to ensuring a fair outcome.

Paternity in Florida

Establishing paternity is a critical legal step for unmarried parents in Florida. Under Florida law, when parents are not married, the mother is considered the natural custodian of the child until the father takes legal action to establish his parental rights. Being named on a birth certificate or having DNA test results is not sufficient on its own to establish legal paternity. A father must obtain a court order that formally recognizes him as the legal parent before he has enforceable rights to custody, visitation or decision-making authority. Likewise, establishing paternity is essential for a mother seeking to obtain child support from the child’s father. Our attorneys provide practical guidance and passionate advocacy in Florida paternity proceedings to help parents secure the legal rights and financial support their children deserve.

Florida Family Law FAQs

What is the difference between an uncontested and contested divorce?

In an uncontested divorce, both spouses agree on all of the major issues, including child custody, division of assets and debts, alimony and any other relevant matters. A mutual agreement to get divorced does not by itself make the case uncontested if the parties still disagree on any of the underlying issues. A contested divorce occurs when the spouses cannot agree on one or more of these issues. While there are opportunities for settlement during a contested divorce through negotiation and mediation, the parties may ultimately need the court to make final determinations on the disputed matters.

Why do I need an attorney to file an uncontested divorce?

Even when both parties agree on all issues, the marital settlement agreement that governs the terms of the divorce is a complex legal document with long-lasting consequences. It is always advisable to have an experienced attorney draft this agreement or review one prepared by the other side. Once a marital settlement agreement is signed by both parties, it is extremely difficult and in many cases impossible to set aside or modify. Additionally, if you are represented by an attorney in an uncontested divorce, some Florida counties allow the parties to bypass the required attendance at a final hearing before the court, streamlining the process significantly.

How is child custody determined in Florida?

Florida courts determine custody based on the best interests of the child. Custody is divided into two components. Parental responsibility refers to the authority to make major decisions for the child, including medical, educational and religious decisions. Florida law presumes that parents will share parental responsibility, although the court may award sole parental responsibility to one parent in certain circumstances. Primary residence determines which parent the child primarily lives with. One parent is typically designated as the primary residential parent, with the other parent receiving a time-sharing schedule. Florida also recognizes equal or rotating time-sharing arrangements where both parents share equal parenting time.

Can I waive my right to collect child support?

No. The primary residential parent cannot waive the right to collect child support because child support is considered the right of the child, not the parent. The amount of child support is determined by the Florida Child Support Guidelines and is based on both parents’ incomes, the time-sharing arrangement, and other relevant financial factors.

When does child support end in Florida?

In Florida, child support generally terminates when the child turns 18 years old. However, if the child is still in high school at that time and has a reasonable expectation of graduating, child support can be extended until the child reaches the age of 19. Other circumstances, such as a child with special needs, may also affect the duration of support.

Do I still have to pay child support if the other parent is restricting my visitation?

Yes. Under Florida law, child support and visitation are treated as entirely separate legal issues. A parent’s obligation to pay child support continues regardless of whether the other parent is complying with the visitation or time-sharing schedule. Likewise, a parent cannot withhold visitation because the other parent has fallen behind on child support payments. If either party is violating a court order, the proper remedy is to seek enforcement through the court.

What are the custodial rights of unmarried parents in Florida?

When the parents of a child are not married, the mother is considered the legal custodial parent until the father establishes paternity through a court proceeding. A father does not have legally enforceable rights to custody or visitation of his child simply by being named on the birth certificate or through DNA testing. A court order formally establishing paternity is required before a father can seek custody, time-sharing or decision-making authority over the child.

What is alimony and how is it determined?

Alimony is financial support that one spouse pays to the other following a divorce to help the receiving spouse maintain a reasonable standard of living. Florida recognizes several forms of alimony, including bridge-the-gap, rehabilitative, durational and permanent alimony. The type and amount awarded depends on factors such as the length of the marriage, each spouse’s financial needs and earning capacity, the standard of living established during the marriage, and each spouse’s contributions. Alimony generally terminates upon the death of either party or the remarriage of the receiving spouse.

Video FAQs

Contact Our Experienced Kissimmee Family Lawyers Today

If you are facing a divorce, child custody dispute, domestic violence situation, paternity matter or any other family law issue in Kissimmee or Osceola County, the attorneys at Draper Law Office are here to help. We provide compassionate, experienced representation to individuals and families in Kissimmee, Celebration, Davenport and throughout central Florida. Call us now at 407-846-0075 for a consultation with a Kissimmee family lawyer who will take the time to understand your situation and fight to protect your rights. Hablamos Español.

Share This Page: