This is the next article in my series on how our state handles cases in which married parents are seeking a divorce. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney if you are ending a marriage. It is important that you speak with counsel sooner, rather than later, as ending a marriage can create a range of legal issues. In this article I will be explaining the rights of married parents in Florida. If you are in need of assistance then contact my office today to speak with a Melbourne divorce and custody lawyer.
Florida recognizes the rights of married parents as equal
Florida is like other states in the Union in that it recognizes the rights of married parents as being equal. This means that both parents have equal say in the upbringing of their children. Each parent has the power to enroll or withdraw from school. Each also has the right to consent to medical care and to make other important decisions. This also means that each parent has an equal responsibility to support and care for the child. This includes financial support as well as the obligation to provide general care and ensure that the child is not neglected. When parents are living together in marriage then, for obvious reasons, they are expected to meet these obligations in a joint and cooperative manner.
Problems can quickly arise when married parents are in disagreement and preparing for divorce. Consider the following example. Jack and Jill have a ten-year-old child and decide to go their separate ways. Jack moves out of the marital residence, into a home which is in a different school zone. Jack wants the child to go to school in his particular zone while Jill wants the child to remain in the current school zone. Jill also wants Jack to fully reimburse her, each month, for the mortgage on the marital residence. On a random Tuesday, Jack withdraws the child from the current school and enrolls the child in his zone. He also does not assist with the mortgage. The next day, Jill pulls the child out of the new school and re-enrolls the child in the first school. While such conduct would reflect poorly on both parents, in eventual child custody proceedings, there is nothing in place to stop them from behaving this way. This example shows why, under Florida law, it is advisable for divorcing parents to obtain a child custody order as soon as possible.
A Melbourne divorce and custody lawyer can assist with obtaining a temporary order from the Court
One of the first things that an attorney will do in a family law proceeding is seek a temporary custody order. This means that the Judge will put a temporary structure in place, which the parties will be required to follow, relatively early in the proceedings. This order will typically include provisions regarding who will be in possession of the marital residence, who will be responsible for paying which bills, an arrangement for child custody, requirements for child support and spousal support, and provisions for child visitation. While this will not be the final order which the Court will issue on these matters, the parties will face penalties if they fail to follow the Court’s mandates. Having such an order provides the parties with a structure to follow while the case is proceeding. An experienced attorney will work to gain such an order early in the case.
If you are considering ending a marriage then contact my office today to speak with a Melbourne divorce and custody lawyer. I have extensive experience in such matters and my office will give your case the attention it both needs and deserves. I look forward to speaking with you. We also serve those in the Florida areas 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.