De Bary, FL Divorce Law Firms & Lawyers

    Mr. Bashy: The current state of the law in Florida says that there is no presumption that either parent is better able to care for a child than the other parent.  Accordingly, you both enter the divorce with equal footing in the eyes of the law regarding time sharing ( Florida doesn't use the term "custody" any more).  However, that does not mean that a judge would not find that the child should spend more time with Mom.   The most likely scenario is that the court considers 50/50 time sharing.  The weekdays with you and weekends with her would not be 50/50.  Moreover, as your son gets older you may appreciate having those "free days" with him rather than the more hectic weekdays, so don't write-off weekends so quickly.  As to relocation, that is far more difficult.  She cannot unilaterally pick up and move, but if you are concerned she may do this soon, you should file the divorce proceeding now so the court has jurisdiction to enforce this before you are working to get your child back to Florida.  There is an entire statute that lists factors a court must consider if one parent wants to relocate, including how, if the court grants the relocation,  the non-relocating parent can have substitute time sharing.  If you have close to a 50/50 split now, then it makes the move even more difficult because you would not be able to replicate this if your wife moved far away. As to alimony, since you have a short-term marriage, barring some unforseen event (ie: your wife becomes disabled and can never work again) usually a court would limit any alimony to a maximum of 24 months based on the length of your marriage.  It could be less than that.  This is called bridge-the-gap alimony.  Essentially, since she has not earned/worked much during the marriage, it gives her some time to financially get on her feet again, and earn her own money.  The real question is does she have a need for some support now (probably?) and do you have the ability to pay it.  The court can impute income to her based on what she customarily made, and use that as a base to determine what her needs are after that. On a side note, the legislature is meeting and it is expected that a new bill limiting alimony significantly will pass, but not take effect until October.  If probably won't effect you that much.  However, if you decide to marry again, I'd suggest a prenuptial agreement. Good luck. Regards, Cindy S. Vova     

The amount of alimony to switch you may be entitled is a question. The law sets standards for what evidence is to be considered and how it is to be considered with respect to entitlement to and the amount of alimony.