What Can You Do if the Other Parent Ignores the Parenting Plan?

The cornerstones of child custody arrangements in Florida are parenting plans. These documents outline when each parent has physical custody of the child, and the legal authority each holds over important decisions in the child’s life (education, medical care, activities, etc.). In practical terms, both parents must compromise and cooperate with one another in order for parenting plans to work, but unfortunately, not all parents are willing to follow the terms set out in this document. All parenting plans must be approved by a court so they can be legally enforced in case one party decides to violate the terms. Violations can include not returning the child at the appointed time, preventing communication between a parent and child, or taking the child out of the area without the other parent’s knowledge or permission. Florida law, understanding the seriousness of denying a parent lawful access to a child, has civil procedures and criminal penalties to deter this type of conduct.

Risk of Violation

If a parent is lucky enough to realize the other parent is planning to violate the parenting plan, that parent can ask the court to issue orders designed to stop the other parent from following through with his/her intent. However, the type of violation must relate to a parent planning to take the child out of the state or country, or conceal the child’s location. The petition must include considerable evidence demonstrating the parent’s intent (plane tickets, real estate inquiries, contacting schools, closing bank accounts, quitting a job, for example), and cannot be based on a suspicion or unsupported fear. Assuming there is sufficient evidence of a plan to leave with or conceal the child, the court can issue orders limiting the parent’s ability to take action, including:

• requiring the parent to get notarized permission from the other parent or a court order before taking the child out of the State or country;
• requiring the parent to post security or bond as a financial deterrence to taking the child;
• requiring the parent to surrender the child’s passport, or, if the child does not have one, requesting the Passport Service Office not issue a passport until further orders from the court;
• imposing restrictions on visitation, including requiring supervised visitation; or
• prohibiting the parent from picking up the child from school or daycare.

Modification of the Parenting Plan

If violations have occurred, but do not include abducting the child, a parent’s best course of action is to petition the court for a modification of the parenting plan. Parenting plans can be changed if there are substantial, material and unanticipated changes in circumstance, and it is in the best interests of the child. Ongoing efforts to prevent or limit a parent’s access to his/her child in contravention of provisions of the parenting plan would almost certainly persuade a court to modify the parenting plan. The court could give the non-offending parent sole custody or impose limited or supervised visitation for the offending parent to prevent further interference with the parenting plan.

Interference with Child Custody

Finally, if a parent has taken steps to keep a child away from another parent with custody rights, the state classifies this behavior as the crime of interference with custody. The concealment or removal of the child must be with the “malicious intent to deprive another person of his or her right to custody.” This offense is a third degree felony, which could land someone in state prison for up to five years. However, the law does grant defenses to this crime for actions taken to protect the child’s welfare or escape domestic violence.

Get Legal Advice

If you are dealing with an ex- spouse or partner who continually violates the terms of your parenting plan, do not try to fight this battle alone. Being proactive when violations begin reduce the chances of the other parent being able to take your child beyond your reach. The Tampa Bay All Family Law Group, P.A. understands what is at stake and will fight to protect the interests of you and your child.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Moving Away with Children after a Divorce

A divorce can cause a lot of emotional turmoil and can disrupt the family for a long period of time. The children are of utmost importance when making the many decisions that are involved in the divorce process. In Florida, as in other states, the courts are required to make judgments that are in the best interest of the children. The major parenting decisions are handled in with a document called a parenting plan. The parenting plan details how the care and custody of children will be handled after the divorce is finalized.

Child Custody

Most parents today take part in what is known as “shared parenting”. This means that both parents share legal custody of the kids. Legal custody refers to the major decisions that must be made for a child. For example, some of the important decisions include medical, educational, and religious options. Physical custody is simply the location where the children reside. Sometimes one parent has primary physical custody while they share legal custody with the other parent.

Moving Out of State

Once a parenting plan is put into place as part of the divorce, it is a legal order and must be followed. Both parents are typically allowed access to their children. Moving to another state would severely limit the contact of one parent, so it is usually not allowed. If you are considering a move to another state and you are the primary custodial parent, you must first consult your divorce documents. Determine how a potential move is to be handled. This is often covered as part of the parenting plan.

Request a Hearing

A change to the divorce order, including changes to a child’s residence, must be made through the court system. Even if the other parent agrees to the move, the change must be made legally by a judge. However, in many cases the other parent will not approve of the move. The first step is to discuss the matter with an experienced divorce attorney. Your lawyer will assist you in taking the steps needed to request a hearing.

Preparing for the Hearing

The hearing is the court date during which the judge will review your request and make a determination. Both parents are required to attend the hearing. Each parent is allowed time to present information and data to support their position. It is important to remember that the judge will always make a decision based on what is best for the child. All aspects of the case will be reviewed when making such a serious decision.

It is helpful for parents to have a plan in place that addresses how visitation will occur in the future. When the children are older, typically over age 12, they may be consulted regarding their wishes. This would be done by the judge, often in chambers. The courts always make sure that the children are protected and the decision will reflect that.

If you are considering making a move out of state, or your former spouse has requested to move with your child, you need help from a skilled legal team. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Creating a Parenting Plan that Works

A divorce is never easy for families and can be particularly difficult for children. Parents need to take time to make sure that the children’s issues are addressed and that they will have as little disruption in their lives as possible. Florida family courts ensure that the best interests of the children are always first and foremost in a divorce. To make certain that parents take the time necessary to consider their children in a divorce, the parenting plan is essential.

The Parenting Plan

In Florida, divorcing couples who are parents of minor children are required to submit a parenting plan to the court. The plan details the issues that will affect the children now and in the future. A good parenting plan is as thorough as possible to prevent future problems and to establish a balanced life for the children. Creating the best possible document will eliminate many of the potential areas of dispute that may occur later on. Most importantly, the plan is designed as a tool to assist parents in providing the best care possible for their children as they transition into a new family routine.

Essentials of a Parenting Plan

There are several issues that must be included in a parenting plan. These include:

• Time-sharing schedule;
• Designation of responsibility for health care and education issues;
• Daily custodial distribution; and
• Communication methods

Most parents today provide a shared parenting arrangement with their children. Sometimes children will live primarily with one parent and visit with the other. The time-sharing schedule outlines when each parent will spend time with the children on a daily or weekly basis. Parents must agree as to how they will handle the educational, health, and religious choices that must be made in a child’s life. Finally, the plan should provide the method for which communication will take place as parents continue to work together over time.

Creating a Comprehensive Parenting Plan

The best parenting plans are those that are as complete as possible. In addition to the essentials that are required in a plan, it is extremely helpful to include other details as well. Remember that the more detailed the plan the better structure your family will enjoy through the coming months and years. Include a schedule for holidays, vacations, and summer breaks to ensure that there is an equitable split between parents. Detail the days and times for pickup and how that will take place. In addition to these important matters, it is also a good idea to include how changes are to be made if and when the need arises. Remember that both parents may end up with new partners and one or the other may want to move. The plan should take these possibilities into consideration.

Help With the Parenting Plan

A parenting plan is not difficult to put together, however, it is important to be sure that it is as inclusive as possible. This is where an experienced divorce attorney will help. Your attorney will assist you in putting together a plan that includes everything that it should and addresses the potential issues that could arise later on. By making sure that the plan is complete you will be laying solid groundwork that will make things easier for both the children and the adults. Contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+