After the end of a divorce proceeding and the issuance of an order awarding child custody, many residents of central Florida assume that the worst part of the process is over and that their lives will once again become stable. Unfortunately, life is uncertain, and future events can cause almost as much disruption as the divorce. One of the most troubling events is the relocation of the custodial parent and the child to another state.
Posts tagged "Custody and Visitation"
One of the most painful post-divorce experiences is the relocation of one of the divorced spouses and dealing with issues of child custody and visitation. Florida has adopted a statute that attempts to specify the factors that must be considered and how the courts will resolve any disputes. As with most questions dealing with the custody of minor children, the principal factor is the best interests of the child. Nevertheless, every child's situation is unique and no single rule will fit every situation.
Many residents of Orlando and Winter Park who have finalized a divorce and been awarded custody of their children wonder whether they can move and take the children with them. Conversely, many residents respond with anger and fear when they learn that their ex-spouse plans to move and take the children. Fortunately, for both parties, Florida law provides two basic methods for resolving the problem of parent relocation when children are involved.
Florida is home to many military installations for all five branches of service. In recognition of this fact, the legislature passed a law permitting military members who were placed on temporary assignment to designate a person to fulfill their time-sharing responsibility with their children. One member of the Navy recently argued that his three-year assignment to Guam was "temporary" and wanted to allow his parents to fulfill his paternal role while he was overseas. However, an appellate court disagreed.
In 2009, the Florida Legislature passed a comprehensive statute regulating the award of child support and child custody. Among the act's key concepts is "shared parenting," a legal term that is unique to Florida. The statute requires every court to approve a parenting plan" as part of any order directing the payment of child support or regarding child custody issues.
Many couples in Florida who decide to end their marriages are able to resolve the issues of child custody and child support by agreement. Occasionally, however, the emotional disputes that led to the divorce get in the way of agreement on these important issues. In such cases, the couple must turn to the court for a decision on which parent will be awarded physical custody of the children.
Summer is coming to a close, and many children in Florida are gearing up for the new school year. For parents who divorced over the summer, however, back-to-school time can be more complicated than it was in years past. The following are some tips that may make going back to school after a divorce easier.
Divorcing couples in Florida who have minor children are required by statute to prepare and submit to the court a document called a "joint parenting plan." The plan is generally intended to resolve issues regarding physical custody, visitation and parent relocation. The court has the power to revise or reject the proposed plan. Obviously, preparation of a joint parenting plan is easier if each spouse can put aside any anger or hostility toward the other spouse and concentrate on the interests of the children.
Determining who gets to keep the children is one of the biggest sticking points during a divorce proceeding in Florida. Unfortunately, fighting over child custody can take a toll on both parents emotionally. It can also be burdensome for the children involved, no matter how old or young they may be.
LGBT couples, even married ones, have been banned from being foster parents in Nebraska since 1995. That's extremely unusual; most other states, including Florida, have no official policy one way or another, even when they have other laws approving or restricting LGBT parenting of other types.