When Children Are Involved

• Mandatory Parent Education
• Shared Parental Responsibility
• Child Custody and Visitation
• Child Support
• Relocation

Mandatory Parent Education

When the divorcing parties are parents, Florida courts require both parties to go through a four hour parent education and family stabilization course.  This course gives parents techniques to use in order to reduce the stress and tension which will undoubtedly hurt the children.  The best interests of the children are the primary focus in any divorce in which minor children are involved.  Hope Haven Children’s Clinic and Family Center in Jacksonville offers the course for Duval and most surrounding counties.  Additionally, some counties, excluding Duval County, allow parents to take an on-line course.  Two sites for on-line courses are Parent Education and Family Stabilization Course and

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Shared Parental Responsibility

Florida’s no fault approach to divorce introduces a philosophy that extends to custody and visitation issues for the children.  Parents are encouraged to share the responsibility of raising the children, and to assure that the children will have frequent and continuing contact with both parents after the divorce.  Important decisions require mature and thoughtful discussion before the decision is made.  Both parents don’t have to agree, but the discussion must take place.  The Florida Bar has developed an informative pamphlet called “Shared Parent Responsibility” which provides more information on this topic.

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Child Custody and Visitation

In most cases parents will share custody and will be jointly responsible for ensuring that major decisions affecting the welfare of the child will be determined jointly.  One parent may be the Primary Custodial Parent, meaning that parent’s home will be the primary residence of the child.  The other parent is then the Secondary Custodial Parent and normally would be ensured frequent and continuing contact with the child.  When the parents can’t agree on who should have primary custody, the court will order a child custody evaluation. 

The child custody evaluator will be a person jointly agreed on by the judge and both parties, and who is recognized by the judge and the attorneys for both parties as someone whose training and background make them uniquely able to help the court determine which parent would be best suited to have primary custody.  Both parties will share the cost of the evaluator unless ordered otherwise.  For more detailed information about what’s involved in a child custody evaluation, click here.

In today’s no fault divorce proceedings, both mother and  father are given the same consideration in determining custody regardless of the children’s age or sex.  Because of historical experiences, there is a public perception that the mother has automatic custody unless she is judged to be unfit.  This is no longer true.  The father has an equal opportunity to gain primary custody, depending on the unique aspects of the case and on the best interests of the children.

If the court determines that shared parental custody would not be in the best interests of the child, then one parent may be given sole parental responsibility and custody.  Grandparents’ visitation rights may also become an issue to be determined by the courts, according to the unique circumstances of the child’s situation. 

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Child Support

Shared parental responsibility also means shared parental financial support for the children.  The secondary custodial parent will be required to provide a reasonable share of the cost of housing, food, clothing, education, medical and other needs typically provided by Florida parents.  Guidelines for child support are provided in Florida Statutes.  [Florida Statute 61.30].  One factor that can lessen the amount of child support to be paid by the non-custodial parent is the time-sharing arrangement.  If the non-custodial parent has the children more than 40% overnights, then his or her child support obligation will be reduced or eliminated, depending on the financial circumstances of the parties.

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Relocation

As in every other aspect of today’s divorce law, parents must consult each other on the issue of relocation.  The primary custodial parent can no longer relocate more than 50 miles away from his or her current residence without the agreement of the secondary custodial parent and by following the procedures outlined in Florida Statute.  [Florida Statute 61.13001].  Since the statute became law in 2006, relocation is now a hot issue in the family court and strict compliance is followed.

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