Therefore, it is mandatory that you take a Parent Education and Family Stabilization Course if you file for a divorce with minor children in Florida. The course is four hours long. Before a final judgment is issued by the court, you must complete this class. Each parent has 45 days after the opening of the case to make their mandatory disclosures, which is a list of financial information you must provide. In some cases, you may need or want to know more information than mandatory disclosures provide.
That may lead to extended discovery, such as requests for evidence, subpoenas, and depositions interviews under oath. For any contested dissolution cases or cases involving minor children, Florida courts require the parties to attend mediation.
A mediator certified by the Florida Supreme Court will lead this process. The mediator should be completely impartial, focused on the mutual benefit of the parties, and noncoercive in getting agreement from both parents.
Many parties are able to reach partial or full agreements during mediation. It is typical for the parents and their attorneys to participate in a conference before the trial.
The judge may suggest settlement at this pretrial conference; they will also establish rules related to the trial. You may find out your trial date at the conference, or the conference may occur two weeks prior to your trial, depending on your county.
A trial will occur if anything remains disputed. During the trial, your lawyer is able to question witnesses and present evidence to better establish your position. A final order is announced at the end of the trial by the general magistrate or judge.
The terms in this final judgment, which must include a parenting plan and child support provisions if there are minor children involved, must be followed until all minor children are grown unless modifications are made through the court at a later point.
In addition to what is described above, you may also have hearings. These will occur if you have a matter or issue that needs to be settled sooner rather than later. If one parent is awarded sole physical or legal custody, the noncustodial parent is usually required to make child support payments to the custodial parent. If the parents are awarded joint physical custody, the child support obligations are determined by the percentage of time the child spends with each parent and how much money each parent earns.
States have varying guidelines to determine the range of child support to be paid by a parent, depending on respective incomes and expenses. Some states allow judges leeway in making child support determinations while other states follow strict guidelines. Family relationships can and do continue after a divorce. Divorced parents can be effective parents even if they are no longer in a relationship.
The manner in which parents resolve conflicts affect the way in which children adjust to divorce. Be respectful to your spouse during the divorce and custody process : Verbal attacks and violence between parents has been associated with post-traumatic stress disorder PTSD in children. Reassure them that you both love them and that they will always have two parents regardless of the divorce. Insulate your children from the divorce process : Avoid confiding too many details about the divorce process with your children either as a messenger or as a sounding board.
Relieve their sense of guilt by not using them as leverage or bargaining chips in the custody process. Divorce is a complex and exhausting matter, but hiring a legal professional to guide you through the lengthy legal process can make an enormous difference.
Taking control of the situation is often the first step to emotional recovery and choosing the right attorney can relieve some of your stress. Consider the following steps to before making any final decisions:. We hope this guide has provided you with a clearer understanding of the child custody process in a divorce proceeding. If ever you are facing the stress of divorce, understand that you are not alone and your difficulties can be overcome.
No matter the nature of your divorce, it is in your best interest to consult an attorney. Professionals like family law or divorce attorneys may help you take control of your situation and help you start a new life with your children. Disclaimer : The materials provided in this article are for informational purposes only and not for the purpose of providing legal advice.
Use of and access to this article or any of the links contained within the article do not create an attorney-client relationship between the author and the user or browser.
You should contact your attorney to obtain advice with respect to any particular issue or problem. Types of Child Custody Arrangements. Generally, child custody and placement laws assume that children are healthiest and happiest when they have good relationships with both parents. When parents divorce, the court must make orders about decision-making and periods of physical placement with each parent.
The court usually approves a placement agreement if it is reasonable and voluntarily agreed to by both parents. Family decision making and restorative practice will be central to our approach; Placement with parents should be seen as a short term, temporary arrangement; The decision to place with parents will follow a satisfactory safeguarding assessment; There is stringent planning and oversight once the child is placed; and.
In contested paternity or support cases, the Department of Social Services will represent the custodial parent regardless of income. The court will assign a lawyer to a man who denies paternity or any person who is charged with violation of a support order if that person cannot afford a lawyer.
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