Tuesday, June 26, 2007
Florida is a "no fault" state which means that marital fault cannot come into play when it comes to equitable distribution of marital assets and alimony. What one person "did" to the other to cause the demise of the marriage is of no consequence. Therefore, the only issue which still allows for mud-slinging is in the area of child custody, or in Florida, primary residential responsibility. A recent story out of Hillsborough County has a couple fighting over custody of their quintuplets and one of the issues the Father is bringing into play is that the Mother makes the children follow a strict vegan diet and won't let the children go to their paternal grandparents' house because they have leather furniture. Whether or not there is any validity to those allegations or not, it may be inconsequential with respect to who is able to provide the most stable and healthy environment for the children. Life style choices, while it may not be your life style choice, is not reason enough to have a judge rule in your favor when it comes to awarding custody. What is more important is who has been the primary care giver in the past, and who is most likely to provide the best home environment in the future.