Mandatory Parent Education
When the divorcing parties are parents, Florida courts require both parties to go through a four hour parent education and family stabilization course. This course gives parents techniques to use in order to reduce the stress and tension which will undoubtedly hurt the children. The best interests of the children are the primary focus in any divorce in which minor children are involved. Hope Haven Children’s Clinic and Family Center in Jacksonville offers a Children First in Divorce course for Duval and most surrounding counties. Additionally, some counties, excluding Duval County (unless a parent does not live locally), allow parents to take an approved on-line course. One site for this on-line course is Parent Education and Family Stabilization Course.
Shared Parental Responsibility
Florida’s no fault approach to divorce introduces a philosophy that extends to issues for the children. Parents are encouraged to share the responsibility of raising their children and to assure that the children will have frequent and continuing contact with both parents after the divorce. Important decisions regarding the children require mature and thoughtful discussion before the decision is made. Both parents don’t have to agree but the discussion must take place. The Florida Bar has developed an informative pamphlet called “Shared Parent Responsibility” which provides more information on this topic.
Shared parental responsibility is granted to the parties unless the Court believes that sole parental responsibility is warranted. Sole parental responsibility is not favored but can be granted in certain cases when shared parental is not in the best interest of the children.
Timesharing (previously called Child Custody and Visitation)
In most cases parents will share timesharing and will be jointly responsible for ensuring that major decisions affecting the welfare of the child will be determined jointly. One parent may be the majority timesharing parent, meaning that parent’s home will be the primary residence of the child. The other parent is then the minority timesharing parent and normally would be ensured frequent and continuing contact with the child. When the parents can’t agree on who should have primary custody, the court will order a parenting evaluation.
The parenting coordinator will be a person jointly agreed on by the judge and both parties, and who is recognized by the judge and the attorneys for both parties as someone whose training and background make them uniquely able to help the court determine which parent would be best suited to have majority timesharing. Both parties will share the cost of the coordinator unless ordered otherwise. For more detailed information about what’s involved in a parenting evaluation, click here.
In today’s no fault divorce proceedings, both mother and father are given the same consideration in determining timesharing regardless of the children’s age or sex. Because of historical experiences, there is a public perception that the mother has automatic custody unless she is judged to be unfit. This is no longer true. The father has an equal opportunity to gain timesharing, depending on the unique aspects of the case and on the best interests of the children.
Child Support
Shared parental responsibility also means shared parental financial support for the children. The minority timesharing parent will be required to provide a reasonable share of the cost of housing, food, clothing, education, medical and other needs typically provided by Florida parents. Guidelines for child support are provided in Florida Statutes. [Florida Statute 61.30]. One factor that can lessen the amount of child support to be paid by the minority timesharing parent is the time-sharing arrangement. If the non-custodial parent has the children more than 20% overnights, then his or her child support obligation will be reduced or eliminated, depending on the financial circumstances of the parties and the percentage of overnights.
Relocation
As in every other aspect of today’s divorce law, parents must consult each other on the issue of relocation. The primary custodial parent can no longer relocate more than 50 miles away from his or her current residence without the agreement of the other parent and by following the procedures outlined in Florida Statute. [Florida Statute 61.13001]. Since the statute became law in 2006, relocation is now a hot issue in the family court and strict compliance is followed.
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