This is the next article in my series on the “no fight” divorce process in the state of Florida. My last article discussed the benefits of obtaining an uncontested divorce. Going through the matter, without conflict, can save time, money, and aggravation. It can also be better for the children. An experienced attorney will give you an honest assessment of your situation and whether an agreed upon process is your best option. In this article, I will be discussing how child custody and visitation are handled in stipulated cases. If you require assistance then contact my office online or by telephone today to speak with a Melbourne lawyer.
I previously discussed the process for completing a simplified Florida divorce. As I explained in that article, the parties will attach a settlement agreement to their Petition for Simplified Divorce when it is submitted to the Court. This settlement will contain the spouses’ agreement on custody, visitation, and child support. These provisions will clearly spell out how custody (known as “timeshare” in our state) is to be shared and the days on which each spouse will have the child or children. The settlement will also spell out a holiday schedule and will state how much support is to be paid from one spouse to the other. The Court can be expected to adopt the agreement of the parties unless the Judge believes that such an agreement is not in the best interest of the child.
A former spouse will have options if their counterpart fails to honor the terms of the agreement once a Divorce Decree has been entered. First, if one spouse is failing to honor the terms of the Decree then the non-offending party may request that they be held in Contempt of Court. Examples of conduct which may result in a Contempt request can include repeatedly not returning the child on time, failing to pay child support, or otherwise violating the Order of the Court. If the failure to honor the Order constitutes a meaningful change of circumstances, then the non-offending spouse may also request that the Court change child custody. The Court will entertain such a request if the changed circumstances mean that a modification would serve the child’s best interest.
Parents should understand that a Court’s child custody order is never set in stone. Again, a parent can request a change of custody if circumstances have changed since the order was entered and the modification would be in the best interest of the child. Quite often, a simple passage of time can constitute “changed circumstances.” Consider the following example. Suppose the spouses divorce when their daughter is two years old. They agree to equal legal and physical custody. When the child is ready to begin school, however, it quickly becomes apparent that equal custody will not work as the parents live forty miles apart. It will, therefore, be necessary for the parents to either agree to a new custody arrangement or to litigate the issue of custody in Court. Again, this example is provided to show how the passing of time itself may result in a finding of changed circumstances by the Court.
If you or a loved one are in need of assistance then contact my office online or by telephone today to speak with a Melbourne uncontested divorce lawyer. My firm is able to assist with “no fight” divorce cases and we will make sure that you understand all of your options. I am honored to serve those in our local community and my office will give your matter the attention it deserves. We look forward to speaking with you. My firm also services Florida 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. We are also able to virtually work with clients throughout the state.