Child Custody Lawyer Miami Florida
When people divorce, it creates obvious emotional upheaval for the children. It is important for the child or child of divorcing couples to know both parents still love them despite the feelings for each other. In addition, it is important for the emotional health of the children that both parties spend time with their children. Therefore, even if a spouse moves out, a schedule of visitation should be implemented. Also, the parent who spends fewer overnights with the children in most cases should pay some amount of child support to the parent with whom the children spend the majority of overnights. Miami Dade County has enacted the following standing order regarding divorcing couples with children:
SHARED PARENTING GUIDELINES: These guidelines apply unless there is a prior court order, domestic violence injunction (permanent or temporary) or agreement of the parties to the contrary. The safety, financial security, and mental well-being of the children involved in these cases are of paramount concern. It is mandatory that parents complete a parenting class and know, understand, and follow the court’s guidelines for parents in dissolution cases with children. The parties are ordered to abide by the principles of shared parental responsibility, which means:
3.1 Both parents shall confer with each other so that major decisions affecting the welfare of the children shall be determined jointly. Such decisions include, but are not limited to, education, discipline, religion, medical, and general upbringing.
3.2 Each parent shall exercise, in the utmost good faith, his and her best efforts at all times to encourage and foster the maximum relations, love, and affection between the minor children of the parties and the other parent. Neither parent shall impede, obstruct, or interfere with the exercise by the other parent of his or her right to companionship with the minor children.
3.3 Each parent shall have access to records and information pertaining to the minor children, including, but not limited to, medical, dental, and school records.
3.4 Neither parent shall make any disparaging remarks about the other parent or quiz the children as to the other parent’s private life. It is the children’s right to be spared from experiencing and witnessing any animosity or ill-feeling, if any should occur, between the parents and the minor children should be encouraged to maintain love, respect, and affection for both parents.
3.5 The relationship between the parents shall be courteous and respectful as possible, relatively formal, low-key, and public.
3.6 Each parent has a duty to communicate directly with the children concerning his/her relationship with them to the extent warranted by their age and maturity. Neither parent can expect the other parent to continually act as a “buffer” or “go-between.” For example, should either parent be unable to exercise time-sharing, that parent should explain this directly to the child.
3.7 Both parents shall be entitled to participate in and attend special activities in which the minor children are engaged, such as religious activities, school programs, sports events and other extracurricular activities, and important social events in which the children participate. Each parent should keep the other notified of these events.
3.8 The children shall not be referred to by any other last name than the one listed on their birth certificate.
3.9 Each parent has a duty to discuss with the other parent the advantages and disadvantages of all major decisions regarding the children and to work together in an effort to reach a joint decision. For example, this duty would include an obligation to discuss a decision to remove a child from public school in order to enroll the child in private school.
3.10 Neither parent shall conceal the whereabouts of the children, and each parent will keep the other advised at all times of the residential address and phone numbers where the children will be staying while with the other parent. Each parent shall notify the other immediately of any emergency pertaining to any child of the parties.
3.11 Each party shall provide to the other party his or her residence address, residence, work, and cellular telephone numbers, and e-mail address. Each party shall notify the other party, in writing, of any and all changes in his or her residence address and residence, work, and cellular telephone numbers, and e-mail address. Such notification shall be done within five (5) days of any such change and shall include the complete new address or complete new telephone number(s) and/or e-mail address.
If the above terms are violated, a court could find the offending party in contempt which could lead to monetary sanctions or more. If you are having difficulty seeing your children or need guidance or help in how to proceed, contact the child custody lawyer at Filler Rodriguez, LLP
