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Child Custody

Dissolution of Marriage with Children

Doreen Yaffa
Doreen YaffaDecember 24, 2025
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Dissolution of Marriage with Children

While parenting is a rewarding experience, it is also hard (regardless of the age of your children). What could make parenting even more difficult is being unhappy with the mother or father of your children since a happy parent is considered to be the best parent.  

Studies have shown that children do better when parents get divorced. While there is no clear-cut answer as every family is different, having a child living in conflict or instability can unfortunately cause more issues for the child. There is no easy answer, but if you and your spouse are able to agree that divorce would make you better people and ultimately better parents then working together will make the divorce process easier, less emotional and less costly.  

Frequently Asked Questions

How does Florida determine child custody?

Florida courts determine timesharing based on the best interests of the child, considering factors such as each parent's ability to provide stability, the child's relationship with each parent, and each parent's willingness to support the child's relationship with the other parent.

What is the difference between parental responsibility and timesharing in Florida?

Parental responsibility refers to decision-making authority over major life decisions like education and healthcare. Timesharing refers to where the child physically lives. Florida courts generally favor shared parental responsibility and equitable timesharing.

Can a child choose which parent to live with in Florida?

Florida courts may consider a child's preference, particularly if the child is mature enough to make an informed decision. However, the court always prioritizes the child's best interests over preference alone.

What happens if my ex violates our parenting plan?

If your ex violates the court-ordered parenting plan, you can file a motion for enforcement with the court. Consequences can include makeup timesharing, modification of the plan, or even contempt of court charges depending on the severity of the violation.

If you're facing a family law matter in South Florida, the experienced attorneys at Yaffa Family Law Group's Child Custody & Divorce practice are here to help. Our team understands Florida family law and can guide you through every step. View all our practice areas or contact us today for a confidential consultation.

Working together to create a parenting plan in the best interest of your child and entering a settlement agreement cordially is beneficial for all. If you and your spouse are able to work with one another then you may be eligible for an uncontested Dissolution of Marriage with minor children. 

What are the requirements in Florida for divorce with minor and/or dependent children? 

  1. YOU ARE MARRIED AND ARE SEEKING A DIVORCE; 
  2. You and/or your spouse have lived in Florida for at least (6) months prior to filing for Dissolution of Marriage; AND 
  3. ONE OR MORE CHILDREN HAVE BEEN BORN TO THE WIFE DURING THE MARRIAGE (even if they are not the Husband’s children), or the Wife is currently pregnant; 
  4. ONE OR MORE OF THE CHILDREN IS A MINOR OR IS DEPENDENT, and  
  5. YOU AND YOUR SPOUSE AGREE ON ALL ISSUES IN THE DIVORCE (division of assets and/or debts, alimony, time-sharing with the child(ren), child support, etc.), and 
  6. YOUR SPOUSE IS COOPERATIVE AND WILLING TO COMPLETE ALL NECESSARY Documents AND TAKE A PARENTING CLASS 

Embark on a smoother journey towards a new beginning with SplytUp. If you and your soon-to-be ex believe you're candidates for an uncontested divorce with minor/dependent children, or if you're curious about the types of uncontested divorce you qualify for, let us guide you. Our approach is designed to simplify your transition, saving you both time and money. Ready to take the first step? Explore your options and start your prequalification process with us today. 

Free Guide: 10 Things To Do Before Filing For Divorce

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Doreen Yaffa

Doreen Yaffa

Founder & Managing Partner

Family law attorneys at Yaffa Family Law Group, specializing in divorce, custody, and complex family matters in South Florida.

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Table of Contents

  • Frequently Asked Questions
  • What are the requirements in Florida for divorce with minor and/or dependent children? 

"Doreen and her team guided me through one of the hardest times of my life with compassion and precision."

— Former Client, Boca Raton

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