This is the next post in my series on the question of “what rights do married Florida fathers have?” My last article discussed the importance of obtaining a temporary child custody order as soon as possible if parents will no longer be living together. It is important to obtain such an order so that parents have a set structure to follow while their case is proceeding. In this article I will be explaining how the child custody aspect of a divorce case is handled in our state. If you are in need of assistance then contact my office today to speak with a lawyer.
Florida Courts will handle child custody issues as one component of a larger divorce case
Child custody will be one of several issues which the Court will handle as part of an overall divorce case. In other words, child custody will not be handled in a separate proceeding. Other issues which the Court will handle, in addition to custody, include child support, spousal support, and property division. Early in the proceedings, the Court will often issue a temporary order (as discussed in my last article). In addition to child-related issues, this order will typically put mandates in place regarding who will possess the marital residence and the payment of spousal support. These mandates will remain in place until modified or until a permanent order is issued at the end of the case.
The Court will modify a temporary child custody order, while the case is still pending, if circumstances have changed and the proposed modification is in the best interest of the child. Consider the following example. Jack and Jill are in the middle of a divorce case. They have a temporary order which grants them fifty-fifty custody of the child. Now suppose that Jill is arrested for DUI and tests positive for drugs while in police custody. Under this scenario, Jack may Petition the Court to modify the temporary order. Given the circumstances, the Petition would often be granted and the Court may require that Jill’s visitation be supervised. This order would then be in place until a subsequent modification or until the case concludes. It must be remembered that how the Court will rule in any given situation will always depend on the facts of the case.
Parents will typically be required to attend a mediation during any divorce proceedings
Parents will typically be required to attend mediation during a Florida divorce. This is a non-adversarial setting where a neutral third-party (the mediator) attempts to reach a resolution between the parties. If the parties can come to an agreement on child custody and visitation then a written agreement will be submitted to the Court and the custody portion of the case will be resolved. It is common for parties to reach an agreement at mediation as it requires them to communicate with one another and a lack of communication is often the sole cause of the case continuing.
If you are in need of assistance then contact my office today to speak with a Melbourne child custody lawyer. I handle all aspects of a family law case, including divorce. My firm understands that this is an important time in your life and we will give your case the attention it deserves. This includes keeping you up to date as to the status of your matter and making sure you know what to expect as the process moves forward. We are looking forward to speaking with you. We also serve the 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.