This is the next article in my series on the rights of Melbourne fathers going through a Florida divorce. My last article discussed how child custody issues are handled during a divorce. The issue of custody is handled as part of the larger case and is not parsed out separately. It is strongly suggested that you retain an experienced family law attorney when dealing with such matters. In this article I will be discussing the importance of fathers co-parenting with the mother of their children. If you are in need of assistance then contact my office today to speak with a lawyer.
Florida parents must attempt to work with their counterpart as part of a child custody order. There are several aspects of working with one’s ex in a cooperative manner. Such aspects include not disparaging or insulting the other parent in the presence of the child. Also, parents must attempt to foster the relationship between their counterpart and the child. This means, for example, encouraging the child to follow through with visitation requirements. Additionally, parents must be pro-active in the sharing of information. This includes sharing report cards, medical information, and other details involving the child. If a parent is not attempting to effectively co-parent, then such a failure can become an issue in any subsequent child custody proceedings.
An extreme example of failing to co-parent can include encouraging the child to refuse visitation with the other parent. Depending on the severity of such conduct, the Court may consider these types of actions to constitute a change of circumstances since the last custodial order was entered. If this is the case then the Court may find that the child’s best interests are served by a modification of the custody order. Such a modification can range from granting the aggrieved parent more time with the child to granting them a majority of the time share. It should be remembered that how the Court will rule in any given matter will always depend on the specifics of the case.
When the Court is considering a change of custody, the wellbeing of the child will be the Judge’s sole concern. If the child is thriving then a failure to effectively co-parent, in and of itself, may not be sufficient grounds to change custody. If, for example, the youth is doing well in school and is not displaying behavioral problems then the Court would be unlikely to change custody. The Judge, instead, may simply admonish the offending parent. If, however, the child is struggling then the Judge may be more likely to take action. Consulting with an attorney is the best way of determining how a Judge may view your particular matter.
If you or a family member are in need of assistance then contact my office today to speak with a Melbourne divorce lawyer. I practice exclusively in the area of family law and my office strives to provide the highest level of service. This includes making ourselves available to answer your questions and making sure you know what to expect as the process moves forward. Contact us online or by telephone today to schedule an initial consultation. 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.