Saint Lucie County Legal Issues Blog

Child custody cases can find their way to court as standalone legal issues or pursuant to the separation or divorce of parents. When they do, judges in Florida must assess a host of factors to decide how to serve the best interests of the kids whose lives will be affected by their decisions. Those decisions can grant different parental responsibilities to the children's parents based on the needs of the children involved.

Parents may end up sharing custody of their kids and, if they do this is often referred to as "joint custody." Joint custody does not mean equal custody in all cases, and parents who share custody of their kids may work out different distributions of time during which the kids live with the different parents. The alternative to joint child custody is "sole" child custody, and in this form of custody only one parent has custody of a former couple's kids.

While many Florida families may still be planning end-of-summer vacations, it is impossible to deny that the school year is rapidly approaching. Children throughout the state will soon be going back to their classrooms and engaging with new friends, new teachers, and new academic experiences. For children of divorce, a new school year may pose new problems when it comes to following child custody schedules.

There are many reasons that the school year may put burdens on parents who are required to follow established custodial plans. When children change schools, the hours that they attend may change and may not be workable with the parents' work schedules. Additionally, as new school years begin, children may change or add to their load of extracurricular activities and have later practices, longer games, and greater expectations from their coaches and peers.

A parent's obligation to provide financial support to their child will be enforced by courts in Florida. Generally, parents who are required to pay child support will be subject to written agreements or orders that dictate when, how much, and how long their obligations will stand. For this reason, parents should first consult with their governing child support documents to determine if end dates are stipulated.

Generally, however, child support obligations do not last indefinitely. Certain events and actions may terminate these obligations, although many parents may choose to financially support their kids even when they are not legally required to. For example, in Florida, parents must support their children financially until the children are 18, but some parents may elect to pay for their kids to go to college.

The responses in an object petition to relocation must be substantiated and based on facts. It should contain verified evidences supporting the grounds for seeking an injunction of the proposed move. It should also include a declaration stating the degree of involvement the non-custodial parent presently has in parenting or in the life of the child.

The court may give an interim order allowing the relocation of the child if it finds the relocation petition was properly filed and is in conformity with the laid down procedure and there is merit in the evidence presented at the preliminary trial. Conversely, the court may allow an interim order against the relocation of a child if it finds the relocation has been executed ignoring the compliances or consent of the other parent or approval of the appropriate court.