This is the next post in my series on the question of “when do Florida child custody agreements end?” My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you are involved in a legal dispute. Retaining counsel helps you to navigate the legal system properly and can help to reduce back and forth arguing with one’s ex. In this article I will explain the fact that custody agreements typically do not end in our state unless a child is eighteen years old. If you or a loved one need assistance then contact my office today to speak with a lawyer.
Florida child custody agreements remain in place until a child is eighteen years old or otherwise emancipated
Florida is like most other states in the US in that it considers children to be the responsibility of their parents until the youth reaches eighteen years of age or is otherwise emancipated. This means that any existing child custody agreement will remain in effect during this time. This is true regardless of whether or not the parents are actually following the agreement. It also means that child support obligations, as well as requirements for visitation, are in effect during this time. It must be understood that the requirement for visitation and the obligation to pay support are separate issues. The paying party must continue to pay support even if they are not receiving their visitation.
The above-referenced concepts are best explained with an example. Suppose John and Jill have a sixteen-year old child and their custody order has not been updated in several years. The order states that John is to have the child on the weekends and he is required to pay $400 per month in child support. John has not seen the child in two years and also has not paid child support during that time. John, mistakenly, believes that the order no longer has any effect as a) the parties are not following it and b) the child is now older. The truth, however, is that John’s support arrears have been accruing during this time. When Jill seeks to recover unpaid support then John will owe $9,600 ($400 x 24 months) plus support until the child turns eighteen. Also, it is within John’s right to gain a modification of the order so that he may gain visitation with the child. It should be remembered that how the Court will rule in any given situation, and how to best handle a case, will always depend on the specifics of the matter.
Melbourne parents should contact an attorney immediately if their child custody order is out of date
If parents are operating off of an out-of-date custody order then it is important to contact an attorney as soon as possible and to have the order revised. Visitation schedules which work when a child is in grade school are seldom effective as the youth becomes an older teenager. Also, support obligations need to be adjusted to accurately reflect the income of the parties. Having an out of date order can lead to problems with visitation. It can also lead to one parent paying more or less than they should in child support. Revising your order sooner, rather than later, can help to avoid such problems.
If you need assistance then contact my office today to speak with a Melbourne child custody lawyer. I practice exclusively in the area of family law and I recognize the importance of such situations. My office will stay in regular communication with you and will make sure that you know what to expect from the process. Contact us online or by telephone to get started. 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.