Florida Family Law Flashcards

Under Florida's relocation statute, a parent seeking to move more than 50 miles from the child's principal residence must:

Answer: Obtain court approval or a written agreement from the other parent before relocating

Florida's relocation statute requires the relocating parent to obtain either court approval after a hearing or a written, signed agreement from the other parent before moving more than 50 miles.

When a Florida court imputes income to a parent for child support purposes, the court considers:

Answer: The parent's earning capacity based on employment potential, qualifications, and recent work history

Florida courts impute income based on earning capacity, examining the parent's employment history, education, qualifications, and local job market conditions.

A guardian ad litem appointed in a Florida family law proceeding has the primary duty to represent:

Answer: The best interests of the minor child

A guardian ad litem is an independent advocate whose role is solely to represent the best interests of the minor child, not either parent.

Under Florida adoption law, consent to adoption is generally required from:

Answer: The birth mother and the legal or putative father whose paternity has been established, with limited exceptions

Florida requires consent from the birth mother and from the legal father or putative father whose paternity has been established, subject to enumerated statutory exceptions.

Which of the following best describes the collaborative divorce process in Florida?

Answer: A voluntary process in which both parties and their attorneys contractually commit to resolving all issues without litigation

Collaborative divorce is a voluntary, contractually-based dispute resolution process where both parties and counsel commit in writing to resolving all issues outside of court.

A Florida court may hold a party in civil contempt for failure to pay court-ordered alimony or child support when:

Answer: The party had the present ability to pay but willfully failed to do so

Civil contempt for failure to pay support requires proof of both the failure to pay and the present ability to pay; willful non-compliance is the essential element.

Under Florida law, which statement accurately distinguishes 'parental responsibility' from 'time-sharing'?

Answer: Parental responsibility refers to decision-making authority over major life issues, while time-sharing refers to the schedule of physical time spent with each parent

Under Florida law, parental responsibility addresses major decision-making for the child (education, health, religion), while time-sharing governs the physical schedule specifying when the child is with each parent.