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Home > Practice Areas > Family Law > Family Law FAQs

Frequently Asked Questions about Tampa Family Court Issues

Answers from knowledgeable family law attorneys in Florida

At Baccarella & Baccarella, we understand how confusing and overwhelming Tampa Family Court matters can be for former spouses, parents, children and others involved. By diligently answering your questions, addressing your concerns and providing professional, compassionate representation through each step of your case, we hope to resolve your family law matter with as little stress and inconvenience as possible. In order to provide the best possible service and help you understand your family law rights, our firm is pleased to provide answers to some of our clients most frequently asked questions.

Child custody, visitation and support

Prenuptial and postnuptial agreements

Seek personalized services from attorneys who care

Although we provide as much information as possible about our practice areas through our website, the attorneys of Baccarella & Baccarella understand that each case is unique and each client has personal questions that can only be answered through individualized service. To this end, we urge clients to contact us directly at 813-254-8998 or online to schedule a free confidential consultation with one of our highly experienced attorneys.

Child custody, visitation and support

At what age do parenting plans and visitation rights become unenforceable?

In most cases, a parent can only enforce their visitation rights until the child turns 18 years old and becomes a legal adult. In some cases, you may still enforce your visitation rights after the child’s 18th birthday if the child is still in high school.

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Do grandparents have visitation rights in Florida?

In most cases, parents are given the right to decide whether their children should have contact with their grandparents. Although grandparents were given rights to visitation with their grandchildren in the past, most of this law has been struck down as unconstitutional. However, the court may consider granting grandparents’ visitation in certain cases by examining a list of factors to determine if visitation would be in the best interest in the children.

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Am I required to pay child support even if I cannot see my children?

Child support and child custody are separate arrangements that are determined based on what is in the best interest of the children. Both parents are required to contribute to the financial support of their children in proportion to their income, regardless of who has custody and visitation. If you willfully fail to pay child support, you can be held in contempt of court. However, if the other parent refuses to allow you to see your children, our attorneys can help you enforce your visitation rights.

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Prenuptial and postnuptial agreements

Are prenuptial agreements enforceable in Florida?

In order for a prenuptial or postnuptial agreement to be valid, it must meet the requirements of the Florida Uniform Premarital Agreement Act:

  • In writing
  • Signed by both parties
  • Voluntarily executed
  • Discloses all income, assets and liabilities, unless waived in writing by both parties

An agreement or provision of an agreement may become unenforceable in certain situations:

  • Conflicts with Florida public policy or criminal statutes
  • Influenced by duress, fraud or coercion
  • Spousal support provision would result in impoverishment of a spouse
  • Child support provision provides for less than guidelines
  • Likely to promote divorce
  • It is unconscionable

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What is a palimony agreement and do I need one?

A palimony agreement is a contract between homosexual couples. Like prenuptial agreements, palimony agreements allow gay and lesbian couples to detail the terms of their relationship. Because Florida does not recognize any type of alimony for non-marital or homosexual couples, it is important for gay and lesbian couples, as well as all unmarried cohabitants, to obtain the services of an experienced family law attorney who can help them draft a detailed agreement that addresses issues of support and how property and assets are divided if the relationship ends.

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