This is the next post in my series on questions commonly asked by parents during family law proceedings. My last article discussed when Melbourne, Florida parents may change child custody. It is important to understand that the Court will only entertain a change of custody request if circumstances have changed since the last custodial order was entered. Any potential change must also serve the best interests of the child. In this article I will discuss what rights a parent has after an order has been entered by the Court. If you or a family member are in need of assistance then contact us online or by telephone today to schedule an initial consultation.
The rights of each parent in regard to custody, visitation, and child support will be spelled out in the Court’s order. This means for example, that the parents will typically have designated times at which the child is to be exchanged between the parties. Also, depending on the circumstances, the order may spell out the place, time, and manner of any exchanges. Also, the amount of child support to be paid will be clearly dictated as will any holiday visitation schedules. In situations where the parents live in different states, the order may also include provisions regarding telephone contact times and requirements for video calls.
It is an unfortunate truth that parents often fail to neglect the requirements of a custody order. Parents sometimes make the mistake of attempting to take matters into their own hands when this occurs. An example of this may include a parent showing up at their counterpart’s house and demanding the child be turned over when the counterpart has missed a pick up or drop off. Other instances may include a parent blatantly refusing to return the child. While it is understandable that a parent may see this type of “self-help” as necessary, the truth of the matter is that engaging in such conduct can hurt one’s case. If the other parent is not returning the child, or one believes that they should keep the child to protect their safety, then the correct course of action is to gain an order from the Court as soon as possible.
In an emergency situation it is possible for your attorney to file a Motion to modify custody with the Court and to request an expedited hearing. If the situation is truly urgent then the Court may hear the matter quickly. If a parent is simply refusing to return the child, in violation of the custody order, then your attorney can seek to have them held in contempt. Such conduct on the part of an offending parent may, depending on the circumstances, be sufficient grounds to request a more permanent change of custody. Engaging in self-help, by contrast, typically demonstrates to the Court that one is not able to follow custody orders. The best course of action, therefore, is to go through the proper legal channels.
If you are in need of assistance then contact my office today to speak with a Melbourne child custody attorney. I pride myself on providing quality service to each of my clients and I practice solely in the area of family law. Contact us online or by telephone today to schedule an appointment. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.