Custodia de Los Hijos en Florida
As anyone Who has ever gone Through a divorce can attest, divorce can be difficult even under the best Circumstances. Those Who Have children Going Through a divorce and are faced With even more challenges. Numerous studies, Although Potentially Have detailed the negative effects divorce That Can Have on a child, your child does not need to Become a statistic. Decisions made by you and the other parent of your children During difficult times These Have a huge effect on how well the children pass During the divorce.
¿You share you and your spouse Responsibilities after parental divorce?
The term “custody” Largely’ve Been Replaced by “parental responsibility” in the state of Florida. Florida courts ideally want Both Parents Involved in the education of Their Children and Their Lives. Along With the new terminology, cohesive Plans Parents and timeshare arrangements are Also expected. That failing Otherwise things like drug abuse, alcohol, abuse or neglect, the Florida judge will assume Also That each parent is interested in how They will raise children is Demonstrated. Parents share the Responsibilities of raising Their children May Have to try real 50/50, or children live May Primarily With one parent, while the other enjoys visits free periods.
Parents share parental Responsibilities WHO discuss Important life decisions That Affect Children, Such as Those Relating to education, health, religious education and discipline, and take joint decisions on These issues. The day-to-day decisions are likely to be made by the parent With Whom the children live mainly. Generally the courts do not Promote an absolute division 50/50 Important for several reasons. UNLESS Both parents live very close to each other, the logistics of backpacks, books, clothing and toys left in a house and They are needed in the other May be difficult in the best of cases.
Usually kids do much better with a fixed routine, and a routine of This Kind is Easier to stick When children live mainly in one home. It is, however, much better for you and your wife work together to create a plan acceptable to Parents Both parties, if possible. Agreed By Both Parents Plan is almost always better To have a judge decides Where Their children will live and how They will be raised. However, if Both parents can not reach an agreement Regarding the children, or if one spouse is making co-parenting as difficult as possible, the situation can Quickly Become frustrating.
Ultimately May there be many time as custody arrangements and different families there. A successful plan constructed so parents only to Ensure That the best interests of children, as well as the Demands of Real-life parents Pursued. Definitely, Most parents want to do the best for Their children, however, in some cases, for a contested divorce, it can be really hard to put the interests of children first.
Florida What’s in a parenting plan?
A parenting plan and a custody agreement Have many things in common. The parenting plan and the Escrow Agreement are legal and binding documents, Whether made by the parents or by the court. When a Florida judge ends up creating a parenting plan or custody agreement dictates, probably none of the parents are happy with the end result. In a way, a parenting plan Governs the relationship Between whos parents, AT LEAST In This regard Relates to the many decisions That must be taken with children. , According to Florida Statutes, the parenting plan Should include the following:
- A full description of how the parents will share and are responsible for day-to-day and long-term tasks Associated With raising children.
- A detailed timeshare program. This program Clearly lay the times That the child or children will spend With each parent. Regular weekdays, weekends, school holidays, vacation time and holidays, treats including birthdays, all included in the timeshare program.
- Statements Regarding Which parent is responsible for decisions related to the care of children’s health, education, religious education, extracurricular activities and other issues applicable. If Both parents are responsible for decisions These Then you will be Indicated in the parenting plan. Details of the decisions Regarding Clearly These issues will be out in September.
- Determinations Regarding school issues, Such as Which of the addresses of the parents will be used in Determining the boundaries of the school and WHO enroll the child in school, They are a part of the parenting plan.
- Which parent will claim the child on annual tax returns, or if parents will take turns claiming.
- The methods used in Connection with the Communication between parents and communications Between each parent and the child are included. These methods can be email communications, text or phone calls.
- The way in Which the exchange will be made will be a part of the parenting plan.
- Finally, the process used in the event of a dispute Between the parents Will Become a part of the parenting plan.
What the Florida courts Consider in Determining a custody agreement
If a judge is forced to make a ruling custody or compile a parenting plan, the following factors Shall Be Considered:
- How is Shared Responsibility Between the parents after divorce;
- What are Parental Responsibilities Delegated to a third party,: such as a grandparent or child care professional?
- The disposition of each parent to Facilitate close parent-child relationship With the other parent;
- The disposition of each parent to honor the timeshare program;
- The disposition of each parent to be reasonable When A Change Is Necessary;
- The extent to Which is Informed and each parent will be kept Informed of the child’s life, Including the child’s friends, teachers, health professionals, everyday activities and favorite things;
- The history of the child’s school;
- The parent-child relationship With each parent;
- The amount of time the child has lived in a stable environment environment If That Should continue;
- The Ability of each parent to act in the best interest of the child DESPITE staff Their feelings Toward the other;
- The moral, mental and physical fitness of each parent;
- The Ability of each parent to Participate in school and after-school activities;
- The Ability of each parent to fully meet the development needs of the child;
- The Ability of each parent to Provide a consistent routine for the child;
- If the judge Believes That a child is mature enough, the reasonable preference of the child can be taken into consideration;
- If there is evidence of abandonment, neglect, violence or abuse, Such tests are a factor in Determining the end custody agreement, and
- If the court Finds That Either parent Provides false information in an effort to get primary custody, This Information Will certainly be used Against That parent.
How do parents Come to an agreement Regarding the timeshare?
It is Necessary That parents think very specific and not general When Develop a parenting plan acceptable to Both Sides. On issues of shared time work schedules of each of the parents Should be taken into account as well as the location of the child’s school, after school hours the child and the cost and location of the pediatrician. Many parents find it works best When the child lives With One parent During the week, and the other parent have every weekend and a weekday evening per week.
Parents Who Live nearby May try to divide parenting time Equally. As NOTED, however, if there is a significant physical Distance between parents, timeshare exchange can result in a chronic chaos. Holidays: such as spring break and summer, as well as long weekends Usually rotated every year or every so often, with the summer Being halved. Christmas, Thanksgiving and Easter. and any other major family holiday will be shared, mostly alternating holidays. Parents Who are Able to get along with others can spend the birthday child together, Otherwise the birthday Could be alternated.
If one parent travels a lot for work, parental Then the largest part of Responsibilities is likely to leave the parent with a more stable life situation. Transportation to and from school and other activities must be addressed, and if a parent plans to travel With the child During His Time, the parenting plan Should include Provisions for a detailed itinerary to be provided to the other parent. If care of the child, then a parents must agree on a guardian for the child care parenting plan is needed. The right of preference Should be directed, Which Means That When A parent requires care of children, the other parent is Given the first opportunity to take care of the child.
Could you help Coordination Program for Parents?
Parents Who are Struggling to agree on a parenting plan or custody Could benefit from a program of Florida Known as a Parent Program Coordination. The court Appoints a coordinator to help parents create a parenting plan That meets the child’s needs while addressing the conflict Simultaneously Between the parents. A parenting coordinator can be expensive, with the hourly rate divided Between parents and a retainer paid in advance. Also, if the parents are still unable to reach a mutually acceptable agreement custody, even with the help of the coordinator of parenting, May the court take into account the Recommendations of the coordinator in the parenting into consideration.
Mediation and custody in Florida
If parents Could not reach an agreement on Their Own custody, mediation is Also an option. A mediator is a neutral third party Who Will Work With Both parents to create a plan That is fair to everyone involved. Mediation can avoid the negative feelings MOST That Occur Between the two parents, Which Allows parents to Maintain Control of Important Decisions Relating to Their children. While the issue Tends to be more contradictory, Often Requiring children to take sides, mediation Tends to reach a peaceful settlement much more.
Everything Said in the mediation sessions is confidential; if mediation is not successful, and parents end up before a judge, nothing Said in mediation can be used. Mediation Focuses on the best interests of everyone Involved, and can be a good alternative When the parents can not reach decisions by mutual agreement. If Both parents can reach an acceptable agreement with the help of a mediator, lawyers for Both Sides Should Submitting examine the agreement before it to the court.
Time and Money – separated in the Florida Child Custody Issues
Many Parents Who Receive Either pay or child support payments ordered by the court under the (mistaken) belief That child support is Directly related to the visits. The parent paying child support May withhold the monthly check if the other parent denied visits. The parent receiving child support her May Feel That May be denied visitation rights if the monthly check is late.
Legally, the two issues have nothing to do With each other. The father who “punish” the other with a late child support is only hurting the children. Parents Who Want to spend time with children Their Generally and in the extent possible, meet Their Financial Obligations. Even If These financial Obligations are not met, continue to allow visits by parent That Might be best for the child.
When Modifications are required in the parenting plan or parental Responsibilities
Most parents hope They Never Have to return to court eleven the parenting plan is in place, the timeshare is set, and the parental primary residence is established. Unfortunately, as children grow, problems May Arise That must be addressed. In other cases, parents can try to modify an established disposal due to Changes in job duties or other parenting issues. As an example, if a parent is Given a meaningful visit with the child, but now requires travel a lot for leaving the child with a babysitter, the other parent can ask the child stays With Him instead.
Any Proposed Amendments must show a significant change in Circumstances for a judge AGREES With the amendment. A significant change Could be related to a change in the physical or mental health of a parent, a change in financial Circumstances of a parent, parent Either Difficulties That Affect Their Ability to carry out the current custody agreement, or deliberate acts by a parent WHO Prevents another spending quality time with the child. If the child’s safety is an issue, you can file an emergency motion to protect the child.
How can you help a schoolmaster and Iken Lawyer?
Florida laws are Intended to Ensure That every child has frequent and Continuing Contact with Both parents, as well as Encourage parents to share the Responsibilities of parenting. In cases of child custody in Florida, there is no substitute for experience and knowledge of the legal system of the family of Florida. Our expert lawyers in custody in Florida will use Their experience and knowledge for the benefit of parents, WHO work Within the parameters of the laws of Florida to negotiate a custody and visitation, Which will benefit everyone involved.