Logo Call Mobile Img
fpalaw
Parental Alienation
logo sparkmanlawfirm
Call Us Today

When back to school could mean back to court

It’s that time of year that many parents anticipate with a bit of relief. Children are already back to school or are heading there shortly, depending on your district. Of course, that means many changes for the family’s schedules.

Parents might have a little more quiet time during the day, and children get busier with school friends and activities. This also means that your children’s schedules become less predictable and sometimes harder to work around when it comes to sharing custody.

A warning about verbal modifications

Once school is back in session, sticking to a parenting plan can be difficult for the most organized parent. Add in possible residual bad feelings towards your ex-spouse, and things can go downhill very quickly even with the best intentions. Often times, when things become hectic, one of the parents responsible for the children will attempt to make verbal modifications to the terms of the parenting plan.

While this may seem like common sense on the surface, you need to take care. Even if, at first, you both agree to verbal changes, if your ex-spouse changes his or her mind, you can find yourself facing contempt of court charges for failing to follow the parenting plan.

Florida Statute 61.13(4)(d) spells this out clearly and states, “A person who violates this subsection may be punished by contempt of court or other remedies as the court deems appropriate.” So, if you have been making verbal changes to your parenting plan, you may want to think again.

Recourse is available to you when the other spouse does not comply

On the other hand, if your spouse is the one making verbal or unannounced and unanticipated changes, then you need to know what remedies are available to you.

Florida Statute 61.13(4)(c) provides legal support for the parent who did not receive scheduled visitation and recourse for the parent that attempted to change the terms of the parental plan verbally.

If you were denied time with your children, the court may order additional time with your children to make up for the missed scheduled time. In addition, the parent that changed the schedule may have to pay any court costs or attorney fees you incurred.

In more extreme cases, it is possible that the court could order the offending parent to perform community service. The offending parent could also be required to go to a parenting course approved by the court, and the non-offending parent would have an opportunity to modify the parenting plan as long as the modification is deemed in the best interests of the child. Finally, the offending parent can face contempt of court charges for the verbal changes to the schedule.

Don’t rely on verbal changes; rely on your lawyer’s help

While it may seem harmless to make a verbal change in your parenting plan, it can have serious outcomes if the other parent is quick to go to court or if your relationship with your ex is less than friendly. If in doubt as to what you can and cannot change or if you should go to court over a change that has been made to the schedule, it’s best to contact a professional.

Yes, you can you make FaceTime part of your parenting plan

child-custody-law-firm-tampa

Ending a relationship is always hard, but when children are involved things can become even more complicated. Parents who are required to travel a significant amount of time for work may find it difficult to schedule enough quality time with their children, particularly once the marriage or relationship has dissolved.

Fortunately, modern technology has made it easier than ever to communicate electronically through Skype, FaceTime and other applications. Did you know that the right to maintain electronic communication can be written into your parenting plan in Florida, ensuring communication between yourself and your children when you travel?

ELECTRONIC COMMUNICATION INTENDED TO SUPPLEMENT FACE-TO-FACE CONTACT

As the court reviews each case involving minor children, the general premise that maintaining frequent contact with both parents is in the best interest of the children is assumed, provided no danger exists for anyone involved and/or there are no other circumstances that the court deems as reason to restrict contact.

That being said, the court will encourage face-to-face contact between children and both parents as much as possible. Electronic communication, either via telephone and/or through a computer, is intended to supplement physical time together, particularly for parents that are away for work a significant portion of the time or live a considerable distance from the children.

A JUDGE CAN ORDER ELECTRONIC COMMUNICATION

In situations where parents disagree or cannot work together, a judge may decide to set aside specific time for electronic communication between the children and one or both parents. Either parent may also specifically request that time for electronic communication be included in the parenting plan in order to protect their right to share in parenting a child.

For parents that are required to travel for work or other purposes and must be away a significant amount of time, the legal right to electronic communication can become an important aspect of maintaining the parent/child bond so important to the healthy development of children.

COSTS OF ELECTRONIC COMMUNICATION AND EFFECTS ON CHILD SUPPORT

In cases where there is an additional cost to maintain electronic communication between a parent and children, the court will evaluate the financial circumstances of each parent and may distribute the costs appropriately.

Regardless of how much electronic communication time the court approves for the final custodial arrangement, this time is not considered when calculating the total time spent with each parent for the purposes of determining child support payments.

PROFESSIONAL ASSISTANCE PROTECTS YOUR RIGHTS

Creating a fair and healthy parenting plan that provides your children access to both parents can be challenging while in the heat of a divorce settlement or a separation. Working with a professional who understands family law will help ensure you are receiving an equitable arrangement and minimize stress during these challenging times.

Tips for blended families

Getting divorced and learning how to co-parent with a former spouse is no easy task. When a remarriage takes place, a whole new level of challenges can be experienced for parents and kids alike. Parents remarrying with kids need to work hard not only to make their new families successful but also to maintain strong relationships between their children and their former spouses.

HandInHandParenting explains that for children who live in two homes, a parent and new stepparent should allow extra space for emotional adjustments when kids come back from the other parent’s home. Some children will make this transition easier than others but it is nonetheless a switch for all kids. Being cognizant of this can help children more seamlessly move back and forth.

Both a biological and a stepparent must be very mindful to always be respectful about and to the other biological parent. Doing anything else not only undermines the child’s relationship with that parent but may also undermine the child’s relationship with the disrespectful parent or stepparent. This can take many forms from greeting the other parent politely and even warmly to complimenting the other parent in front of or directly to the child.

Similarly, Empowering Parents advises moms and dads to be wary of the temptation to try and outdo a stepchild’s other biological parent. A stepmom, for example, should never think she can be a better mom to her stepkids. Parents in blended families should work hard to establish special relationships for the stepkids and stepparents so that the relationships with the biological parents are never threatened.

Telling your kids you are getting divorced

If you believe that you and your spouse are headed for a divorce, the number of things running through your head may be endless. If you have young children still at home, concerns about their welfare during and after the divorce are likely to be among your top priorities. One specific thing that many Florida parents sometimes struggle with is the conversation with children in which they are initially told about the divorce.

The Huffington Post provides many tips for parents in this situation. One of the most important may well be to wait until you are absolutely sure that divorce is the path that you are in fact going down. If you and your spouse are only talking about the possibility of splitting up, there is no reason to say anything to your children. Worrying them or upsetting them only to later determine that no divorce ensues is putting kids through something for no reason.

Once you know that you are getting divorced, you should carve out a special time to talk to your kids. Make sure everyone is well rested and well fed and that there is ample time for discussion. Encourage kids to ask questions and answer them as honestly as you can. Take caution to avoid blaming yourself, your spouse and especially your children for the divorce.

If you would like to learn more about how to talk to your kids about your divorce, please feel free to visit the divorcing with children page of our Florida family law website.

5 tips for back to school co-parenting

Believe it or not, summer is ending and the new school year is upon us. Though back-to-school is a big transition for any family, it can be even harder when the child’s parents do not live together.

If you’re raising a child with an ex-partner, consider these tips to make the school year as successful as possible.

Communicate with your child

Kids do best when they know what to expect. Make sure your child knows the schedule ahead of time: what activities they have, who will be doing pickup and drop off, and when they will be staying with each parent. There are so many new and confusing things that come with starting a new grade; try to keep home life as predictable as possible.

Talk to each other

The best way to support your child is to work together. Make sure you’re staying in touch about how things are going, and are discussing any areas in which your child might need extra help or attention.

Keep both parents involved

During the summer, kids often get to spend more time with a non-custodial parent. Once the school year starts, contact can taper off if you’re not intentional about keeping both parents involved. Make a point to have both of you show up to games, performances and parent-teacher conferences. At least some of time, try to be present together.

Make a plan for expenses

Supplies, new clothes, activity fees and other expenses can make back-to-school feel like a constant trip to the bank. Talk ahead of time about who will be responsible for which expenses. Having a plan can help avoid disagreements and hard feelings.

Remember, you share the same goal

Sometimes, getting along with an ex-partner can feel like the hardest thing imaginable. After all, there’s a reason you broke up!

But, things will go a lot better if you remember that you have the same goal: supporting and caring for a child you both love very much.

Determining child custody in the state of Florida

When you, and other Florida couples, are going through a divorce, there are a number of issues that must be settled. If you are a parent, one of the most challenging of these may be your child custody arrangement. At Sparkman Law Firm, we know that both parents generally want what is best for their children, but often disagree about what that is. Consequently, child custody determinations frequently fall to the court. In this post, we will discuss how child custody is decided in the state of Florida.

With few exceptions, it is important for children to have a relationship with both of their parents. As such, Florida state law dictates that both parents should share the joys, rights and responsibilities of raising their children. Therefore, shared parenting agreements are encouraged in most cases. Through this type of arrangement, you and your child’s other parent will time-share with your child. Further, you will both still be involved in making decisions regarding your child’s upbringing, health, education and other important issues.

In order to decide if shared parenting is appropriate in you case, the court will consider a number of factors. The judge will then make his or her determination based on what is in your child’s best interests. Under state law, the factors the court may take into account include the following:

  •          The moral fitness, mental health and physical health of both parents
  •          Each parent’s willingness to communicate with the child’s other parent
  •          The child’s home, community and school record
  •          Each parent’s willingness to encourage a continuing parent-child relationship
  •          The child’s developmental needs
  •          The past and anticipated division of parental responsibilities

Additionally, the court may consider the wishes of the parents and the child when determining child custody agreements. A history of domestic violence, child abuse or neglect, sexual violence or child abandonment may also be taken into account.

For more information about child custody agreements in Florida, please visit our What Is the Best Interests of the Child page.

Request Your Information

Practice areas

Contact Us Now For A Free Consultation

Case Consultation

"*" indicates required fields

* labels are required.

*
Disclaimer
In submitting this contact form and communicating with us in response to this website, you are advised not to send any confidential information. Information sent to us in response to this website does not constitute an attorney-client relationship with the Sparkman Law Firm. No attorney-client relationship exists or should be assumed as a result of this communication.
footer brand logo
Sparkman Law Firm
313 South Bungalow Park Avenue
Tampa, FL 33609
4.2 stars - 37 reviews

Map & Directions

P: 813-374-2000
F: 813-374-2031

313 South Bungalow Park Avenue
Tampa,FL33609
Phone
813-374-2000
Fax
813-374-2031