This is the next article in my discussion on whether children in Melbourne and other Florida areas may refuse visitation with a parent. My last post discussed dealing with a child who is refusing visitation. If possible, it can often be better for the parents to jointly work with the child and get to the bottom of the issue, without involving the Courts. If necessary, the Court will become involved. In this article I will be discussing how Courts often respond to situations involving parental coaching or alienation. If you are in need of assistance then contact my office today to speak with a child custody lawyer.
Florida Courts may modify child custody due to parental coaching or alienation
Florida is like most other states in the Union in that child custody (also known as “time share”) may be modified when a parent coaches the child to avoid visitation with the other parent. It must be understood that the Court’s sole concern in any case will be for the best interests of the child. One of the factors which the Court will consider, when determining what is in a youth’s best interests, is the extent to which a parent fosters a relationship between their counterpart and the child. It almost goes without saying that coaching a child to avoid visitation is the opposite of fostering a meaningful relationship. When such conduct is occurring then the Court may, depending on the circumstances, modify the existing child custody order.
The foregoing is best explained by way of example. Jack and Jill have a ten-year old daughter. The current court order provides Jack with visitation from the end of school on Friday until the start of school on Monday. The child has been refusing to honor the visitation. An examination of the child’s cell phone shows text records from Jill telling the child how to refuse visitation and offering her incentives to do so. Also, the child is not doing well in school and has been displaying a host of other behavioral difficulties. Under this scenario, the Court may change custody as the coaching and parental alienation would constitute a change of circumstances. Furthemore, the Court may find that the change would be in the youth’s best interests given that she is struggling under the current arrangement. Whether the Court would grant primary custody to Jack, or simply grant Jack more time, would depend on the facts of the case.
Melbourne parents can initiate a child custody change by filing a Motion
The first step in changing child custody is to file a Motion (also known as a “Supplemental Petition”) with the Court. This is a document in which the parent will lay out the reasons for the request and state a proposed custody arrangement. The opposing party will be given a chance to file a response and the Court will hold a hearing on the matter. Depending on the circumstances, the Court may make a temporary custody change which will be in place until a trial can be held. The Court may also choose to leave the current order in place, pending trial or the Judge may deny the request outright.
If you are involved in a legal dispute then contact my office today to speak with a Melbourne child custody lawyer. I practice exclusively in the area of family law and my office will give your case the attention it deserves. We will be in regular contact with you as your matter moves forward and we will make sure that we are available to answer your questions. Contact us online or by telephone today. We look forward to speaking with you. 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.