THE CONSTITUTIONAL STANCE
What we most often forget, is that the right to marry is a constitutionally vested right, falling under the category of a fundamental right. A Fundamental right is subject to what we call “strict scrutiny,” so in order to pass legislation/law, it must be proven that there is a compelling governmental interest. More recently, the Supreme Court has legalized gay marriage, as there has been a conflict of opinion between people’s religious beliefs, and what the law has enabled us as citizens to do.
THE REALITY OF FAMILY LAW PRACTICE
In 1991, the Florida Supreme Court, required each circuit to establish a family division to exercise its jurisdiction over dissolution of marriage actions, domestic violence, name change, adoption and paternity matters which may also include juvenile dependency and delinquency matters. Circuit courts that are too small administrative leave to justify family divisions were required to establish a program to coordinate the hearing a family law matters affecting one family. The Florida Supreme Court recognized that same divisions are unworkable and some circuits for example those with one or few circuit judges. To make matters worse, it was not possible to obtain a an uncontested divorce in Florida without jumping through a ton of hoops.
In 1994 after receiving input from the state line Family Court Workshop the Florida Supreme Court issue to further opinions on the Family Court. The second opinion for the refined and implemented the Family Court division of the Circuit Court. And that opinion but emphasized that the goal of a family court was to establish a comprehensive approach coordinating all judicial efforts in cases affecting the same family regardless of the sometimes necessary geographical separation of Courthouse facilities for the manner in which dockets for different types of cases are structured and managed.
The purpose of the third thing was to clarify issues regarding the implementation operation of family law division Pacific regard to domestic violence injunction and locating honest attorneys that practice Family Law. And that opinion the court stated that the implementation of family law division than the assignment of all family law matters including domestic violence are to be controlled through other local rules for administrative orders explicitly approved by this court to assist people in obtaining competent Family Law Lawyers.
The Guiding principles enunciated by the family court steering committee provided blueprints for systemic change in the
practice of family law and other courts in Florida exercise jurisdiction over family law cases. Largo’s child custody lawyer, suggests the following principles:
– Children should live in safe and permanent homes
– The needs and best interest of children should be the primary concern of any family court
– All persons or the children or adults should be treated with objectivity sensitivity dignity and respect (especially if they’re dealing with a child custody issue)
– Cases involving interrelated family issues should be Consolidated of coordinated to maximize you support resources to avoid conflicting decisions and to minimize inconvenience to the family