Time Sharing After Divorce – How to Make it Work

Time sharing, also referred to as shared parenting, is the most common way for divorced parents to raise their children. It may seem difficult to understand how people who were unable to get along while they were married are expected to make decisions for their children together. Yet that is what time sharing is all about. There are some things you can do during the divorce process that will make parenting easier and less stressful for the entire family after the process is complete.

Accept Compromise

Going through a divorce is never easy and often comes with many difficult situations. Although you have been bruised by the process, it is necessary to keep a united front for the sake of the children. Most kids are quite resilient, but they are able to quickly sense a divide in parenting styles and will often use that to their own benefit. Instead, you and your ex need to take charge of the situation and make decisions together whenever possible. Remember that some compromises may be necessary but it is always important to refrain from making negative comments to the children about the other parent.

Create a Detailed Parenting Plan

Divorce in Florida requires the utilization of a parenting plan. The plan is designed to provide a detailed platform that will serve as the basis for all your future parenting decisions. It is best to create a plan that is as inclusive as possible. This will be of great benefit later on, after the divorce is over and day-to-day parenting kicks in. Spend plenty of time reviewing the options included in the plan and make sure that you don’t simply gloss over it quickly. Cover even the most difficult of choices now so that you have a roadmap to guide you more easily once the divorce is final.

Keep the Best Interest of the Child in Mind

It is of utmost importance that you always make decisions and choices that are in the best interest of the child. Florida family courts focus on this when making decisions regarding children in divorce. In Hillsborough and Pinellas Counties in particular, it is mandatory to take a divorce parenting class. After a divorce, the children are still the number one concern. When a parenting situation is no longer working it may need to be revisited. Keep in mind that any changes to a divorce decree must be made through a court-ordered modification. A hearing must be requested and both parents are required to appear to present their case to the judge. If you and your ex can agree to the changes, then you update the Parenting Plan to reflect the changes and obtain an order from the Court modifying the Final Judgment.

Choose an Experienced Tampa Divorce Attorney

The choice of divorce attorney can make a big difference in how well the post-divorce will be handled. An experienced lawyer will be helpful in answering questions and providing information that will help you make decisions that are going to work well for you and your family both now and in the future. Your lawyer will protect you from some of the major stresses of the proceedings and will assist you in creating a parenting plan that will help you avoid some of the common problems that can occur. Your attorney is also available to provide guidance when a modification is needed. If you have decided to divorce, contact the Tampa divorce attorneys and family law 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+

Child Relocation in Florida

Divorced parents often wonder if it is possible for them to relocate with their child. The Petition to Relocate must be made in accordance with the law and must contain the correct information in order to be deemed legal. The court will schedule a hearing date at which time both parents will be present unless the non-relocating parent consents to the relocation. Relocation may be across the state or out of state. If you are moving within a 50-mile radius of your home it is not necessary to request permission from the court. However, many parents find that they need to relocate out of state, often in order to take a better job. The Florida relocation statute provides guidelines on how to legally relocate with a child after divorce.

Relocation with a Child

The law regarding relocating with a minor child is a complex one. It is necessary to review it completely when determining how best to proceed in your situation. The statute may not apply to your case so it is best to speak with an experienced divorce attorney before making any decisions regarding relocation. Parents who want to relocate with their child are able to do so in one of two ways:

• Both parents may consent to the relocation of the child. The consent must be in writing and be approved by the court before relocation takes place.
• When parents are not in agreement regarding the relocation request, the parent who wishes to relocate must file a petition in court, called a Petition to Relocate.

The Petition to Relocate must be made in accordance with the law and must contain the correct information in order to be deemed legal. The court will schedule a hearing date at which time both parents will be present.

Parenting Plan

When parents divorce they must include a parenting plan in their divorce order. The plan addresses many issues regarding custody and visitation of the child. Parents must address the specific parenting plan or custodial order that is in place. Issues of relocation may be addressed in this plan. Additionally, parents may have already agreed as to the way relocation and other issues will be handled should they occur later on. Always refer to your original divorce order to learn information regarding relocation. In most cases, relocation will need to be handled through the courts with a modification and petition to relocate.

Failure to Comply

Parents who fail to comply with Florida law are subject to legal action. A parent who relocates a child without compliment could be found in contempt. The child could be returned to the other parent or the relocating parent could lose custody of the child. The time-sharing schedule must be properly modified through a court order for it to be considered lawful. In addition to the possibility of losing custody, the relocating parent may be responsible for attorney’s fees for the other parent and for travel costs to return the child. Because of the serious nature of these issues it is strongly advised that you go through proper channels for relocation and modification of child custody issues.

Whether you are considering relocation with a child or want to fight a relocation request by your former spouse, it is best to speak with a family law attorney as soon as possible. These cases can take some time and you must have a court order before moving with the child. To learn more about child relocation in Florida, 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+

Re-Establishing Contact with Your Children after a Divorce

In some circumstances, divorce also means a temporary severance between a child and one parent. The reasons for separation are many, including isolation due to a physical or mental condition, substance abuse, maltreatment, relocation, or other breakdown in the parental relationship. Unfortunately, along with a divorce, the affected parent will be restricted from time-sharing or visitation with the child. Regardless of the circumstances surrounding the divorce, and the reasons for separation from the child, it is important to ensure a path to reunification as part of your divorce case, and the terms of your final decree of dissolution. In Niekamp v. Niekamp, No. 2D14-728, Fla. 2nd DCA 2015, Mr. Niekamp challenged several issues related to the final judgement in his divorce case, including how the divorce court handled the potential for reunification with his children.

Facts of the Case: Being Separated from Your Children

The Niekamps were married for 22 years and had two children within the marriage. In the 10 years preceding their separation, Mr. Niekamp worked in the home and assumed child care responsibilities while Ms. Niekamp operated a business. Based on the facts provided by the appellate court, Mr. Niekamp suffered from mental health issues, which, among other facts, provided an obstacle to shared parental responsibility. Ms. Niekamp was awarded sole parental responsibility after the court determined that shared responsibility and timesharing would be detrimental to the children. Like many individuals facing these circumstances, Mr. Niekamp was prohibited from contact with his children and, as the appellate court noted, was even denied the opportunity to speak to his children over the telephone. Although Mr. Niekamp was to be separated from his children for the time being, the court did grant Mr. Niekamp’s request for therapeutic reunification with his children.

Reunification: Protecting Your Rights as a Parent During Separation

The judge in Mr. Niekamp’s case designated a therapist to oversee the reunification process, which is designed to re-establish a supportive parent-child relationship. The problem with the court’s initial judgment, and one of the reasons for Mr. Niekamp’s appeal, was that the court neglected to provide any insight as to how Mr. Niekamp could advance the reunification with his children, other than participate in the therapy as dictated by the therapist. The appellate court agreed with Mr. Niekamp, and affirmed the fact that as part of any judgment that suspends a parent’s right to see their child subject to reunification, the court must specifically identify the steps the separated parent can take to re-establish timesharing of the children. If you are facing the suspension of your rights and separation from your children as part of your divorce, you need to ensure that the court provides specific expectations and steps you can take to regain contact with your children beyond the general requirement that you participate in therapeutic reunification.

Need Help?

The divorce attorneys at All Family Law Group, P.A. have the experience necessary to protect your interest during your divorce. If you need help or have questions about your divorce, contact the Tampa family and divorce 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+

When a Parent Becomes a Kidnapper

Police in Massachusetts are searching for a Quincy-area mother for allegedly “kidnapping” her five children. Unfortunately, this mother is neither the first nor will she be the last parent to face accusations of “kidnapping” their own children. Although it may seem counterintuitive, Florida and other states allow a parent to be charged with kidnapping his or her own child. According to the U.S. Department of Justice and a 2002 study from its Office of Juvenile Justice and Delinquency Prevention, an estimated 203,900 children were the victims of parental kidnapping in 1999. Fifty-three percent of these children were abducted by their father, while 25 percent were abducted by their mother. Twenty-one percent were missing or gone for one month or longer.

What Constitutes Parental Kidnapping?

While some divorcing parents are able to put aside their differences and feelings for one another and cooperate for the benefit of their child or children, other parents use children as a means of controlling or punishing the other parent. In general and regardless of the reason, any attempt by one parent to deny the other parent reasonable parenting time with the childwithout either an emergency or court order can be considered “parental kidnapping.” Common parental kidnapping scenarios include:

• Failing to follow a court-ordered parenting plan by failing to return the child at the conclusion of the parent’s parenting time;
• Moving out of state (or to another country) with the child without the approval of the other parent and/or the court;
• In the absence of a court-approved parenting plan, refusing to allow the other parent to exercise reasonable parenting time with the child.

Not all actions by a parent that deprive the other parent of parenting time will result in criminal sanctions. For instance, a parent charged with parental kidnapping can show that he or she deprived the other parent of parenting time because doing so was necessary to protect the welfare of the child.

What Should I Do if I Believe the Other Parent Will “Kidnap” Our Child?

If you believe that the other parent is likely to abduct or kidnap your child, you must be proactive. You do not necessarily need to wait for the other parent to actually kidnap the child in order to act; however, you may find a court is not able to help you if there is no evidence a kidnapping is about to take place. For instance, the fact that the other parent has relatives that live in another country may not be enough to convince a court to enter protective orders or award you sole custody. Conversely, relatives who live in another country coupled with texts, e-mails, or phone messages in which the other parent threatens to take the child away can influence a court to take protective measures.

As with any other custody-related issue, an experienced Tampa divorce attorney is useful in ensuring the proper motions are timely filed and decided in order to protect your child. At the All Family Law Group, P.A., we are here to help you. Contact our offices in Tampa Bay at 813-321-3421 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+