This is the next post in my series on the rights of married fathers in Melbourne and other parts of Florida. My last article addressed the question of “what rights does a married father have?” It is important to understand that, in our state, the rights of a dad and mom are viewed equally. This means that neither parent will have a right to demand visitation from the other. The only way to have enforceable rights is to file for divorce and to obtain a custody order. This article will follow up on that discussion by discussing the need to obtain a temporary custody order shortly after a case is filed. If you are in need of assistance then contact my office today to speak with a lawyer.
Melbourne parents can obtain a temporary child custody order shortly after filing for divorce
After a divorce case is filed then a parent may Petition the Court for a Temporary Order regarding child custody, visitation, and support. This temporary order will put a structure in place, which the parties must follow, while the case is pending. Once the matter is settled, or otherwise decided by the Court, then a more permanent order will be entered. Having a temporary order in place is important as, without one, neither parent will be required to turn the child over to the other for visitation. Also, there will be no requirement for the payment of child support. For obvious reasons, having an order helps to prevent a chaotic situation between the parents.
The need for a temporary order is best explained by way of example. Suppose Jack and Jill are Melbourne spouses with a two-year old child. They decide to separate and are no longer living together. The parties cannot agree on a mutual visitation schedule and Jill refuses to turn the child over to Jack for visitation. Jack will have no way of retrieving the child as, under the law, he and Jill are considered “equal” parents. Jack may file for divorce and request a temporary order from the Court. This is the only way, under the laws of our state, that Jack will be able to gain Court mandated visitation.
Florida parents may be held in contempt of court if they violate the provisions of a temporary child custody order
Temporary child custody orders carry the same weight as any other mandate issued by a Judge. This means that if a parent fails to follow them then they may be held in contempt of court. So, for example, if a mother is ordered to turn the child over to the father at a certain time then she may face penalties for failing to do so. Under this scenario, the father would be able to use the mother’s refusal to follow orders as part of a claim for primary child custody. It should be remembered, however, that what is justified in a certain situation will always depend on the specifics of the case.
If you or a family member are in need of assistance then contact my office today to speak with a Melbourne divorce lawyer. I handle all aspects of any family law matter, including child custody. I understand the tension and stress that can arise in such situations. My office will make sure that you know what to expect, and that we are in communication with you, while the matter moves forward. Contact us online or by telephone today. 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.