What has any of this to do with divorce in Florida? It turns out that many Florida divorce cases require parenting classes. In fact, mandatory parenting classes in Florida divorce cases are almost as routine as the one-day class for new drivers in Florida.

Mandatory Parenting Classes in Florida

It is common for Florida family courts to require Florida couples going through a divorce to complete the Parent Education and Family Stabilization Course before the judge will sign the final divorce decree. In fact, Florida courts require it of every divorcing couple that has minor children. Additionally, when a man who is not married to his child’s mother establishes paternity, the court requires both parents to complete the course.

If a court requires you to take a parenting course, it does not mean that the judge thinks you are a bad parent. It is simply to make sure that both parents understand the legal requirements and basic principles for co-parenting a child when the parents are not married to each other. In fact, the courts do not require the class for just one parent; they always require it for both parents.  The parents do not have to attend the class together, though, and in fact, they usually do not. The course is designed not to be a major burden on parents. The minimum length for the course is four hours; most of the time, the courses last just one afternoon or evening. While the law does not specify a price for the course, the course must not be prohibitively expensive. In practice, the usual price for a Florida parenting course is between $18 and $39.

Alan R. Burton Works With Family Law Cases in Florida

Completing a required parenting course is just about the only thing that is easy about divorce when you have minor children. For everything else, you need the help of an experienced family lawyer. Contact Alan R. Burton in Boca Raton, Florida about divorce and child custody.

Can I get sole custody of my children?

It is important to note that instead of the terms “joint custody” or “sole custody,” Florida law refers to “equal time-sharing” or “majority time-sharing.” While the law favors time-sharing with both parents, it is possible in some situations to have your children with you the majority of the time. However, courts will generally allow at least some visitation with the other parent except in exceptional circumstances. So, unless the other parent does not want to see your children, you will have to share some time with your children.

We have a time-sharing order as part of our separation agreement — can we just keep that arrangement following the divorce?

It is possible to include the existing arrangement in the divorce judgment if both parents agree, if no circumstances have substantially changed that warrant a new arrangement, and if the court finds that the existing arrangement is still in the child’s best interests.

Can my children just tell the court they want to live with me?

Under Florida law, children can have a say in who they want to live with if their preference is reasonable and if the court determines they have the experience, intelligence, and understanding of the situation to make the decision. However, courts can still order visitation with the other parent.

What happens if my ex refuses to agree to a time-sharing arrangement?

It is always preferable to agree on a time-sharing and parenting plan and have the court simply review and approve it. However, if one or both parents cannot agree, the court will examine the circumstances, listen to evidence of each argument regarding requested arrangements, and determine what schedule is in the child’s best interests under the circumstances. If you do have a trial regarding time-sharing or parenting plans, your attorney can help you gather and present evidence supporting your desired schedule.

My ex has a mental illness, substance abuse problem, or history of domestic abuse — will they get to spend time with the children?

While courts do favor time-sharing with both parents, they will consider whether time with a certain parent places the child in danger or is not in the best interests of the child. In such situations, the court may decide to order supervised visitation with the parent or perhaps no time-sharing with that parent at all. If the circumstances later change (e.g. the parent successfully goes through treatment), they may be able to obtain a modification of the time-sharing order based on a substantial change circumstances.

The above are only brief answers to often complex questions regarding child custody. For more in-depth information or if you are facing a custody case, do not delay in calling a Boca Raton family law attorney for help. Contact the law office of Alan R. Burton at 954-229-1660 today.

Determining how to share time and legal custody of children is not a simple matter and many parents may consistently argue over specifics of the arrangement. To avoid this, parents who have joint physical and/or legal custody over children must have a parenting plan approved by the courts. It is always preferable for parents to agree to the specifics of a parenting plan and then have the court approve it, as they know their child’s schedule and specific needs firsthand. Unfortunately, in some cases, parents cannot agree on all of the specifics of a parenting plan and the court must intervene and decide for them. No matter who decides the specifics, however, a parenting plan must include certain provisions.

Necessary Provisions in a Parenting Plan

The following are some terms that must be decided upon and put into writing:

• The schedule regarding when a child will physically reside with each parent;
• A specific description about how you will share in raising your child on a daily basis and who will be responsible for specific tasks;
• How the parents will communicate with each other and with the child when they are not physically together, such as text message or calling on the phone;
• Who will make decisions regarding the child’s health care;
• Whose address will be used to determine which school the child will attend and for registration at the school;
• Who will be responsible for extracurricular activities and sports.

In addition to necessary provisions, parents can include other information to make future decisions easier and to avoid conflict. For example, they can decide in advance who will get to take the child on vacation during which time of the year. They can also set out instructions on how they will settle conflicts regarding parenting should they arise. Often, this can keep parents out of court in the future and avoid the cost and stress on themselves and their child of having a court resolve parenting and time-sharing issues.

Contact an Experienced Boca Raton Family Law Attorney for a Consultation

If you are facing a time-sharing and visitation case, you should always have the guidance and representation of an experienced Boca Raton family lawyer. Attorney Alan R. Burton can assist you in coming to a favorable arrangement with only minimal involvement of the courts. Please call our office today at (954) 229-1660 for assistance.