This is the next post in my series on matters in which a Melbourne, Florida child is refusing to go through with parental visitation. My last article discussed how Courts view situations which involve parental coaching. It is important to understand that Judges typically view such situations as being counter to the best interests of a child. Judges, therefore, may be willing to change child custody if such coaching (which is also known as “parental alienation” occurs). In this article I will discuss the process of changing custody in such a situation. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
The first step in changing child custody (which is also known as “time share” in Florida) is to file a Motion with the Court. This is a document in which the requesting parent will state that they are requesting a custody change. They will also state what they want the new arrangement to be, their basis for the request, and they will attach evidence which supports the request. The opposing parent will have an opportunity to file a responding brief and the Court will hold an initial hearing on the matter. This initial hearing is not a trial. It will typically not consist of testimony and will involve back and forth between the Court and the attorneys for each side. At the end of the hearing, the Court will either schedule a trial (the most typical outcome), deny the request, or grant the request outright. A denial would mean that the existing order would remain in place while granting the request outright. This would be rare and mean that custody would be changed without a trial.
The parties will typically be required to go to mediation as part of this process. The mediator will attempt to get the parties to agree to a custody arrangement so that they may avoid litigation. In situations which involve parental coaching or alienation, the mediator will often attempt to gain agreements which will prevent such problems in the future. If an agreement is not reached at mediation then litigation will proceed.
Each side will typically be given the chance to conduct discovery before trial. This is the process by which information is gained from the other side in litigation. Various tools are available to the parties. These tools allow for the gaining of documents and records. They can also be used to require that the other party provide written answers to written questions and for sworn testimony to be taken in the presence of a Court Reporter. Discovery is a crucial phase of any case as trials require evidence. In a case involving parental coaching, discovery will often focus on communication between the accused parent and the child. This can include phone records, emails, and more.
If the case does not otherwise resolve then the matter will be concluded at trial. There are no juries in Family Court. The Court will hold a bench trial, meaning that the Judge is the decider of both law and fact. After all evidence has been presented, and closing arguments have been made, then the Court will issue its decision. If custody is changed, then a new order will be issued and the parties will be required to follow it. While the foregoing process may sound straightforward, it can quickly become complicated and it is strongly suggested that you have a qualified attorney assisting you.
If you have a family law dispute then contact my office today to speak with a Melbourne child custody lawyer. I practice solely in the area of domestic relations law and my office will make your case a priority. Contact us online or over the phone to get started. We look forward to being of assistance. 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.