Can Florida Same Sex Marriage Couples Divorce?

Same-sex marriage in Florida is not recognized, which has posed a number of questions to Jacksonville and other Florida divorce attorneys about how to handle to such matters. The State of Florida originally initiated a statute defining that same-sex marriage would not be considered legally authorized or recognized in the state of Florida. That, not being enough, in 2008, Floridians voted by 62% to institute Amendment 2 to the Constitution, which gave us the language of Article I, Section 2, defining marriage as, "the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized."
As other states, like Vermont, have enacted the right for same-sex couples to forge in the bonds of matrimony, that marriage is not given full faith and credit in states like Florida. In accordance with Florida Statute 741.212, such marriages that are valid elsewhere are not considered valid if the couple decides to reside in Florida. Therefore, a legal marriage is not legally dissolved in Florida. This means that if the marriage is valid in another state and not recognized where the couple resides, for the marriage to be properly dissolved, the couple must move to a state where their marriage is legal. In places like Vermont, the residency requirement before filing for divorce is one year as opposed to six months in Florida. This can put a strain on the individuals if they were to have the marriage dissolved effectively. However, there may be arguments to say that since you reside in a State where the marriage is not recognized that there are no real reasons to have it properly dissolved because in essence, the marriage is void. In that situation though, the problem would be in dividing property, assets and debts, which can be divided equally or fairly in a divorce.
This leaves a great deal of difficulty for same-sex couples and could potentially be construed as unconstitutional and interfering with ones right to travel, which has been upheld as a constitutional right by the U.S. Supreme Court, beginning with U.S. v Guest, 383 U.S. 745 (1966).
The real question becomes, when will a couple challenge the State's law? Couples that are moving to Florida for work in an economy desperate for jobs, are not afforded the same rights as a marriage between a man and a woman. Furthermore, if that couple is not able to work through their difficulties, divorce is not available to them in Florida. Therefore, the laws have to be creative in order to separate property, assets, debts and the like so as not to overburden the married couple. If there are items, such as a home, purchased during the marriage, then assessing the person responsible for the debts, expenses, etc. comes down to possibly developing a contract to separate out such property. Therefore, the arguments may be similar to a divorce, but the ultimate outcome may be a contract instead of a divorce order.
If you are in a same-sex marriage and are in need of legal assistance regarding your rights in Florida, please contact an attorney who understands the laws and can properly assist you. Also, if you are in a same-sex relationship, there are financial protections you can have, it is important to find out all of your options from a qualified individual.
Gambling debts, martial affairs, excessive drug use and the like can lead to a divorce in Florida. However, Florida is a no-fault state so these things do not really come into play when determining such things as alimony. As a Jacksonville divorce
Housing issues are a problem in most
In a divorce or paternity case involving issues with children including time-sharing/visitation, parental responsibility or child support, the court may refer the parties to mediation. Florida law provides for the judge in such a proceeding to send the parties to mediation over disputed matters to determine if such things can be settled out of court, Florida Statute
In a divorce, often one party may have more financial security than the other party, either by income, inheritance, or the like, thus putting the other party in a financial situation that makes it difficult to pay attorney’s fees. When hiring a lawyer for a divorce or modification action in Florida, the concern is the price for an attorney and whether she or he will have the ability to pay for an attorney. The other concern is that, knowing the financial situation, the other party will have the money available to pay for an attorney and that will require the party without disposable income to borrow money from family or represent himself or herself. As a Jacksonville
Florida recognizes the use of premarital and post marital agreements when deciding the outcome or possible outcome of a divorce. In some cases, during the marriage the parties may find themselves thinking of divorcing and may enter into a marital settlement agreement, but ultimately not have the agreement entered with the court because they are able to reconcile the marriage, this too is valid in Florida. When parties decide to divorce any agreement between the parties, whether premarital agreement, post marital agreement or a prior marital settlement agreement that allows for enforcement later if the parties reconcile, can be construed as an enforceable contract in the divorce proceedings. As a Jacksonville divorce lawyer, issues can arise regarding the enforceability of the agreement and in order to fight the document, the parties may need to hire separate attorneys, potentially leaving one of the parties needing financial assistance during the contest of the divorce. Therefore,
In some circuits in Florida, like Jacksonville, St. Augustine and other surrounding areas, cases involving divorce, paternity, child support or other
Florida divorces involving alimony issues have given rise to new legislation over the last few years and will continue into the near future. The alimony debate in Florida is based on a number of factors, including the lack of an alimony calculation that is state mandated in determining the amount of alimony to be paid. According to a press release on
Retirement benefits are often a combination of employee and employer contributions during ones job. The retirement benefits are normally grown through the length of employment, and if an employee is married during his/her employment, then the contribution he/she is making is actually a marital contribution for purposes of a Florida divorce. As a
When going through a divorce in Florida, it is often difficult to think about separating the things that have been accumulated during the marriage. As a Jacksonville
In a Florida
A Florida divorce requires that property, including the marital home, be equitably divided. To determine which spouse will get the marital home or whether the house will be sold; the court looks to a number of factors including the age of the children, if any; the income of the parties after alimony is determined; and the actual value of the home at the time of separation. When the court determines that one party may have exclusive use and possession of the home, which means that the individual with the home will be responsible for the payments on said home either through his/her income or the income established as alimony.
Divorcing in Florida after 16 years of marriage is considered a long-term marriage when determining alimony. Basically, the idea that has been passed down by the Florida legislature is that when parties have been married that long, if there is a need for alimony then that alimony may be needed permanently because the parties had their roles for so long and the needing party will most likely not have time to build a career to be at the same marital lifestyle or even close to it without alimony. The idea is that if a couple chose to have one spouse be a homemaker, then that individual will most likely not be able to go into the workforce and make equal to the spouse that has worked the length of the marriage.
In a divorce, Florida law allows an award of alimony when a need is shown and the paying party has an ability to pay. Florida does not have an alimony calculator like some states, so instead Florida statute indicates factors that are to be used to determine the length of alimony and the court determines the amount based on again, need and ability. When the marriage is a short-term marriage often alimony is not awarded and if it is, then it may be for a brief time. The tricky determination for alimony is when the length of the marriage is between 7 – 16 years, then permanent is often not awarded and bridge the gap (between married and single life, typically 2 years) is not enough time.
Marriage is often an issue of give and take for many couples. When a couple goes through a divorce the give and the take may be brought up in a case of alimony in Florida. A Florida alimony case involves multiple factors, including the give and take during the marriage as it relates to education of the individuals in the marriage. In a Florida divorce, if one party gave up their college education to support the education of the other, then that may be brought up as an issue of the divorce. 
Alimony cases in Florida are determined by Florida statute, but not by a Florida calculation. Since the court is the one to make the overall determination of alimony, the statutes provide certain guidelines in determining what type of alimony will be awarded; the need of the requesting party; and the ability to pay the alimony if awarded.
F.S. 61.08. Also, the court must determine whether the responsible paying party has the ability to pay alimony. These factors are based on the evidence presented in the divorce case and is based on factors like the financial earning ability of the parties; the present financial situation of the parties; the historical roles in the marriage (e.g. home maker and breadwinner); present expenses; health issues; etc. The court must be presented evidence from both parties in order to determine these factors.
Divorce often comes with concerns for alimony; the concerns are for paying alimony and qualifying for alimony. In Florida, divorce and alimony are controlled by statute. Statutes determine the law associated with everything from qualifying for alimony to how the alimony will be paid.
Florida family law matters such as divorce, paternity and child custody or time-sharing issues are defined by Florida Statute. The statutes provide a groundwork for cases involving family law matters so that the issues may be properly addressed for spouses and the related children. 
A Florida divorce must be by the book, meaning that the laws are followed to have a divorce approved by the Court. When filing for a divorce it is important to plead or argue certain facts, like there was a breakdown for the marriage. In fact, the laws surrounding divorce actually require that there be reason for the marriage to end. Simply saying, “I want a divorce,” does not mean that the Court has to or will grant the dissolution of marriage.
Florida 
A Florida
Florida is a “no-fault” divorce state. The idea is that you do not litigate why you are divorcing, but simply litigate a resolution to the divorce (i.e. distribution of assets, child support, alimony, etc.). To that end,
Florida Statute 61.043. Once you file the petition in the Circuit Court (e.g. Jacksonville is in the Fourth Judicial Circuit), a summons is required so that the other party can be served a copy of the petition. In addition, the statute requires that the petitioner to fill-out and provide to the clerk an anonymous questionnaire for the research purposes.
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A Florida name change of a minor child can be challenging if both parents are not present in the child's life.
Prenuptial agreements are enforceable in Florida if all provisions are met, especially the full disclosure of assets and liabilities to each party. In a divorce,
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In a Florida 

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Children in a
Children are misplaced in a divorce. Florida law has tried to counteract the effects of divorce on children by providing
Timesharing and divorce can impact children in school, home and socially according to a
In a Florida divorce, marital property is often a topic of contention. In a 
Florida divorce law allows for a spouse to be awarded spousal support/alimony, if the court finds that the requesting party has a need for support and if the other party has the ability to pay
In a divorce or other child support case, I am often asked which parent can claim the child as a tax exemption. According to
In Florida, divorces require the
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In Florida, child support is determined based on the
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Florida alimony laws have been scrutinized over the years because we do not have an alimony calculation, but simply calculate alimony based on factors of marriage duration; contribution to the marriage; marital lifestyle; etc. In addition, the type of alimony to be awarded has not been constant and there can reasons for providing permanent alimony to a short-term marriage and short-term alimony to a long-term marriage. These factors combined with a theoretical number based on marital assets; debts; and other lifestyle contributors has made alimony payors afraid of the term alimony.
In Florida, divorces involving alimony have gone through significant changes in the last couple of years. In 2010 the Florida law changed to include definitions of short-term marriages as anything less than seven years; moderate-term marriages are those that last 7 – 17 years and long-term marriages are those lasing over 17 years.
Alimony in Florida has changed in the last couple of years. In 2011, the alimony law has been changed and will take effect on July 1, 2011 regarding all pending divorce cases and any new modifications of old divorce cases. However, the alimony changes to the law cannot be used to modify an old order.
Florida divorce laws regarding alimony have changed in the last two years. Alimony, as late as 2009, basically held that there were short-term, the gray area and long-term marriages for purposes of determining the amount of alimony and how long it would be paid. In 2010, the Florida legislature provided a new standard for determining what these terms of art actually mean. For instance,
Text messaging has replaced phone calls for many people, especially those going through a bitter divorce. When
Florida requires parents going through a divorce or paternity case to keep their children in the front of the issues. North Florida courts require that parents complete a course sponsored by the Department of Children and Families that teaches parents about issues regarding a split home and the effects it may have on the children. The course in Jacksonville Florida is called, "
Using emails in your divorce or
In your Florida
Florida divorces require that assets, including all accounts (IRAs, Mutual Funds, etc.) be
divorces and the pensions of the parties are controlled by Florida Statute
If you divorce and were married for at least 10 years prior to the divorce, then you may be entitled to receive social security benefits equal to those of your spouse. You can qualify for this election at age 62, if you are divorced for at least two years from the person; not married at the time you reach that age; and your ex qualifies for social security benefits. If your ex is at retirement age and entitled to receive benefits, but has not done so yet, then you may still apply for the benefits. However, if you remarry and are still married by the time you reach social security age, then you cannot opt for your ex's benefit amount. By opting for the benefits of your ex-spouse, it does not impact what s/he may receive in
In a Florida
Club memberships can be a point of argument in a
As a Jacksonville
Parental responsibility is a portion of any case involving children, including
As a Florida divorce lawyer, I have seen
As a Jacksonville, Florida lawyer working in
Retirement and pension accounts are often a source of of issue in a Florida divorce case. When divorcing, the law states that marital assets, including bank accounts, mutual accounts, pension and retirement accounts, must be
Florida
Florida law holds that a short-term marriage is one that lasts for 7 or less years in accordance with
Domestic violence in marriage can be a major cause for
divorce papers it can be overwhelming and difficult to understand what you will do next. Once you are
Stay at home parents going through a divorce often question how they will get through the
As a lawyer in Jacksonville, Florida, I have a number of clients that want to know what they will pay in
In Florida, if 
Alimony in Florida does not have a calculation that can be used to determine the amount of alimony in a
Mental and physical illnesses are often prevalent issues in divorces. A
When divorcing, dividing personal property and assets can be the most challenging part of any case. When going through a divorce it is important to remember not to sweat the small stuff because it can ruin a good agreement.
Pet visitation is often a request I get as a Jacksonville divorce lawyer. Often, clients come in asking what will happen with their pet in the divorce and whether they can have visitation. While pets do feel like a child to many people and families, the law has not really caught-up. Florida law indicates that property is to be
Owning your own business when going through divorce in Florida can be challenging. If the business started during the marriage, then it is considered a marital asset and is subject to
Am I on the hook for an accident if my soon to be ex was driving our car? Florida law recognizes that assets such as cars and houses are jointly owned if purchased during the marriage and must be
Which parent should claim the children as
Florida divorces are decided as a no-fault matter. Florida no-fault law that rules divorces basically means that the reason for the divorce is not important in determining issues surrounding the divorce. In Florida, divorces separate assets and liability (debts)
Seeking an annulment in Florida requires your facts to match those prongs necessary in Florida annulment law, based on cases and not Statute.
Florida
Florida law requires 

Five years after the Mogul Pop Star married music executive Jordan Bratman, Christina Aguilera settled her divorce on Valentine's Day of all days. After all, five years is a long time to be married anyway and what could be a more romantic present for her new beau Matt Rutler. It's been reported that Christina, Jordan, and Matt have been living in the same house until recently. The thought of that doesn't exactly conjure up a light-hearted "Three's Company" episode. However, things are looking up for the recently troubled starlet as this marriage winds down and Jordan finally moves out.

Maybe I was the only one who wasn't aware that Charlie Sheen was still married while listening to recent accounts of his exploits with a house full of porn stars and a pile of cocaine that sent him into rehab last month. Then again, this is Florida and that's California....I guess things are a little different in Jacksonville. California law says that a married couple cannot get divorced until at least six months after the divorce papers were filed. In other states the wait is longer. Nevertheless, Charlie Sheen's divorce from Brooke Mueller is final.
requirements before filing are that at least one party must be a r
Florida paternity and divorce cases involving children require child support to be calculated.
Who gets the home in a 


In Florida divorce, paternity, modification or other 








In a Jacksonville there is no way to figure out exactly how much time a divorce will take. There are too many variables involved to give a broad estimate. However, a
Joe Francis, the infamous founder of the "Girls Gone Wild" brand, has announced his split to long-time girlfriend and wife (well not exactly), Christina McLarty, after seven short weeks of marriage. He released the following statement to Us Weekly:
On November 4, 2010 a federal bankruptcy judge in West Virginia ruled that the obligation to pay a former spouse a debt under a divorce decree was dischargeable. In this case the former husband, who later filed for bankruptcy, owed the former wife money for her share of the equity in the marital home, attorney's fees from the dissolution action, costs from the same action, and money owed on a credit card account. The former husband sought to have these debts discharged in a subsequent bankruptcy. 
If you are about to get a
Bitter Twitters and Facebook fits are becoming increasingly more common during bitter
The wild rants of celebrities like Mel Gibson and Alec Baldwin that were released to online sources and are now available to anyone may be tempting for spouses involved in a bitter
If you’ve gone through a
For those over the age of 50 going through a
Divorce has declined over the past couple of years, due in large part to the recession and the adverse financial impact the bad economy has had on home value, prices and savings accounts. Couples who have found it hard to make ends meet for one household may find it virtually impossible to support two different homes. The ability to refinance a mortgage is also much more difficult, and selling a home in Florida’s dismal housing market is usually not a viable choice either.

In a unanimous decision, the Florida Supreme Court overturned two lower court decisions and ruled that passive appreciation – the increase in a home’s value caused by inflation and market forces – is a marital asset in Florida, and is entitled to be shared by a divorced spouse who contributed to the mortgage or upkeep on the home during the marriage.
NASCAR Chairman Brian France is asking a Charlotte, NC state appeals court judge to seal the records in his ongoing divorce proceedings, according to a
A new study from the University of Michigan has found that spouses who withdraw from conflict create a damaging effect on the longevity of a marriage, thereby increasing the risk for
Although it is still considered culturally taboo, one in four Japanese marriages end in
Ever since an economic study in 2003 revealed that couples with a daughter are five percent more likely to
We all know that viruses cause colds, so we avoid exposure to viruses. But what are some of the common risk factors for
The 5th Texas Court of Appeal in Dallas has just handed down a ruling regarding a gay couple that wished to obtain a Texas 
A new study by researchers at the University of Wisconsin-Madison’s Waisman Center has found that parents of grown children with autism have a higher rate of
A recent
A new study by Montclair State University researchers says that in marriages with a high degree of conflict, 
When you enter into a relationship with a divorce attorney, or any attorney for that matter, there are rules that govern the behavior of both client and attorney. Knowing what to expect, and what not to, is important so you obtain the best possible outcome for your case.
According to a recent 



A Jewish Israeli man recently broke the country’s record for the highest number of divorces – again. Previously, the record for the most number of divorces for one person was seven. This unnamed man has now been divorced eleven times. He reportedly told the Rabbinical court that he usually divorces his wives after two years and remarries as soon as possible. He appears to be addicted to the “experience” of meeting and courting a new wife.

As a
When couples decide to divorce – especially when the split is acrimonious – it is not uncommon for one or both to accuse the other of hiding assets. Certainly it is not unheard of for one spouse, anticipating an eventual divorce, to actively hide assets from the other in an effort to come out of the divorce with more financial benefits.
If you are considering getting a 



As a Jacksonville, Florida 






Gregory Hood was an Orange Park, Florida man who was in the process of getting a divorce from his wife, who has not been named. Ms. Hood had already found a new boyfriend, Robert Williams, but according to Clay County deputies, Hood was angry about the divorce and jealous of his estranged wife’s relationship. That is apparently what drove him to shoot Williams and then himself in the Argyle area of Orange Park recently.
The National Center for Missing and Exploited Children reports that three hundred and fifty thousand children are abducted by a family member each year. The abductions are usually committed by a non-custodial parent who is unhappy with the child custody arrangement mandated by the court.
According to Florida statutes, children subject to a custody agreement may only be relocated if an agreement is reached between parents, guardians and any other person who is entitled to spend time with the child. All of these parties must agree in writing that the child may relocate with one of the parents or guardians. The written agreement must spell out the new location, the consent to the new location, and define a new time-sharing schedule for any of the parties who are not relocating. It must also spell out who is responsible for transportation costs associated with child visitation.
Shaquille O’Neal and his wife Shaunie have reportedly finalized their divorce in a Florida family law court, and it will soon be finalized. Ms. O’Neal is speaking to reporters about the breakup of her marriage, and she doesn’t have anything nice to say about Miami, Florida.
I recently wrote a blog article about
Many married couples in Jacksonville, Florida and across the country own businesses together. But spending all day together working and then coming home to family responsibilities at night can either help a business and a relationship thrive, or destroy both. 
Florida speed skater Jennifer Rodriguez, nicknamed “Miami Ice” never expected to be back in the Olympics at thirty three. After her disappointing eighth place finish in the Turin games in 2006, she had hung up her skates. But two years later she returned to skating at the urging of her husband, KC Boutiette. She was ready to try for Olympic gold again.








A new research study from Pennsylvania's Wharton School undertaken on behalf of the research group Council on Contemporary Families came out recently. The report indicates that those with a college education are more likely to be married, and to be happy in their marriages. According to the report, college educated women in particular were more likely to be married at the age of forty than their less educated counterparts, and were more likely to report that they were happy in their relationships. 




Around fourteen million Brits use Facebook and other social networking sites to keep up with old friends or make new ones. A group of British divorce lawyers are claiming that social networking sites like Facebook are tempting people to cheat on their spouses – and the website has been cited in 20% of recent divorce cases. According to the attorneys, people are being caught having inappropriate sexual chats with people who are not their spouse, and in the electronic age it is just too easy for their spouse to catch them at it. Flirty emails and messages have been reported, as well as evidence of actual affairs.

For children of divorce, all too often the holidays are not a time of happiness – they are filled with dread, turmoil and chaos. Divorced parents are forced to navigate a range of issues, but it is possible for parents to help reduce conflict and confusion to make the holidays enjoyable for everyone.
A London law firm is offering an unusual gift option this year; interested parties may purchase Christmas gift vouchers, good toward a half hour consultation with one of the firm’s divorce lawyers. Lloyd, Platt & Company usually charges 325 pounds an hour, but is offering the gift vouchers at a discounted rate of 125 pounds for a half hour. The firm reports that they have been swamped with inquiries since they announced the gift vouchers in mid December. They have sold more than sixty. A firm spokesperson said they were amazed at the huge response to the vouchers.
Last June, South Carolina Governor Jim Sanford made national headlines when he took off for a secret rendezvous with his Argentinean mistress while telling staff he was hiking in the Appalachian Mountains. His wife of twenty years, Jenny Sanford, reports that she has actually been aware of the affair since last January, when she discovered a letter her husband had written to his mistress. Sanford then repeatedly asked his wife for permission to visit the other woman in Argentina.
A recent article in the Orlando Sentinel helps women with limited incomes learn how to change their names back to their maiden names without the help of a lawyer. But before changing one’s name, a person should think long and hard about the consequences. For example, those who hold professional licenses or run a business may face a lot of paperwork to get their name changed on these documents. Other documents that will need to be updated include social security cards, driver’s licenses, banking and retirement accounts, credit cards, loans, voter registration, and security clearances. A women should also consider the confusion and problems that might be caused if her new name is different than that of her children. On the plus side, changing back to a formerly held name does not require the criminal background checks required for applicants who want to change to a new name.
According to authorities, Paul Martikainen kidnapped his three-year old son, Luke Finch, escaping in a sailboat. Cocoa Beach police have reported that witnesses saw the two get into a 32-foot Bristol sailboat at Salt Creek Marina in St. Petersburg, Florida. They said the boy did not seem scared. Acquaintances of the man are worried about both father and son, saying that Martikainen has no sailing experience. According to other boaters at the marina, it is impossible for one person to sail a boat and watch a child at the same time, even for an experienced boater.
The short-lived comedy “Couples Retreat” follows four American couples who travel to a tropical island to rekindle their marriages. Some enterprising Indian travel agents saw the movie and decided to start promoting divorce tourism packages for Indian couples. The package includes an exotic getaway and the services of a marriage counselor. Indian couples are usually unaware that they are on a divorce tour – the packages are usually paid for by a concerned friend or relative, and the marriage counselor pretends to be a travel guide with a lot of wise insight into marriage.
A recent study published in the Psychology of Women Quarterly paints a bleak picture for low income women who are subject to abuse. Even those who seek help for domestic violence issues suffer from depression, post traumatic stress disorder (PTSD), and have to deal with stressful issues like child custody and child support, unemployment and finding affordable housing. Their situation has driven many of these women to return to their abusive partner.
Samad Nesser has tried every legal avenue to prevent his eleven year old son from being taken to France to stay with his mother and her new husband. According to Nesser, his ex-wife has allowed his son to be abused by the new husband, and suffers from sleeplessness and chest pains whenever he returns home from staying with them. Nesser is an American citizen, but his wife is not. The husband, a French citizen, used to live in Palm Beach, Florida, where he was the subject of a restraining order after allegedly breaking into his girlfriend’s home and hitting and pushing her and her elderly mother to the floor. Nesser claims that this same man locked his son in an attic and threatened to kill him.
According to a recent US study, women who are diagnosed with either cancer or MS are six times more likely to become divorced or separated as a result of the diagnosis than a man in the same position would be. Earlier research had suggested a similar trend, showing that female cancer patients have a divorce or separation rate of 20.8% compared to 2.9% for male cancer patients.














latter@woodatter.com
latter@woodatter.com

latter@woodatter.com











As a divorce and family law attorney in Jacksonville, Florida, I am aware that even in today's world, custody battles still have judicial biases. As an attorney who represents both men and women, moms and dads, I am disturbed by this court bias that exists. In determining custody, the judge is supposed to look at which parent is most likely going to foster a caring, loving and affectionate relationship between the child and the other parent. In addtion, it is important for the custodial or primary parent to work with the other regarding visitation or timesharing. However, in many cases the court can be given all inforamtion showing that the father is the right parent to provide these things and the mother is actually not fostering the relationship with the other parent, but the judge will still name the mother the primary residential parent.


Florida Statutes 61.08














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A Jacksonville, Florida 










