A divorce can be difficult, especially when the parents are trying to raise children at the same time. This can cause an already frustrated couple to make mistakes involving child custody, some of which can have long-term effects. Florida puts the interests of the child first and advises cooperation rather than discord between the parents. Let’s look at some of the most common child custody mistakes made in the State of Florida:
Common Child Custody Mistakes in Florida
- Becoming controlled by emotions instead of facts and reason.
- Failing to make responsibility for the children a priority.
- Becoming out-of-control enough to resort to harmful messages, texts, emails, and/or photographs to the ex.
- Divorce or not, the court views parents as one unit. When said parents refuse to support each other and begin to work against each other, it can lead to child custody mistakes and serious consequences.
Costly Mistakes in Time-Sharing Custody issues in Florida
Child custody remains an issue until the children turn 18 years of age. There are a number of negative parental behaviors that can cause the court to reverse any custody decisions agreed to in the past. Few court decisions are set in stone and can be changed. Parental behavior that can cause a court to act are:
- Committing domestic violence.
- Any form of alcohol and drug abuse.
- Controlling the custody time-sharing schedule without consulting the ex.
- Move the child to a different location without the court’s permission.
Additional costly time-sharing mistakes divorced couples can make include:
- If a parent deliberately or habitually violates a court order, this will be viewed as contempt of court, and the court is unlikely to view such behavior favorably. The best way to avoid this is to fully understand any court orders, preferably with the help of an attorney, to ensure that said orders can be followed without encountering potential problems.
- Parents undergoing a divorce probably aren’t on the best of terms. However, regardless of their feelings and differences, they are still a parental unit to the children, and their differences should not be aired in front of them. In addition, parents should not speak negatively about the other parents to the children, even if it is the truth. The other parent may have drug or alcohol problems that led to the breakup, but he or she is still the children’s parent. The court strongly frowns on parental alienation and any attempt to influence the children against the other parent (“Your deadbeat father is late again with the support payments.”), tempting though it may be. The court can award custody to the other parent in such an instance.
- These days, not all communication is via words. Social media seems to have taken over our lives. Any discussion about divorce on social media is a bad idea – it is very much a private matter. But ranting about and threatening the ex on social media or posting questionable private pictures may be seen by the children, and the court does not consider this to be in their best interest. It may well modify the child custody agreement in the other parent’s favor.
Fighting an Unfair Child Custody Ruling in the Florida Courts
Any parent who feels he or she is the victim of an unfair child custody ruling can petition the court for a modification of the time-sharing agreement. The petitioning parent is required to show evidence that certain events have changed since the original custody ruling. The court will listen to the child’s own preferences, but it won’t give them much importance, especially when it comes to young children. A trained family law attorney can spell out how a change in circumstances – such as new and different working hours, etc. – warrants a modification of the original time-sharing agreement.
Anger and confusion are normal emotions during and after a divorce, and in the real world, time-sharing custody issues can occur. In such cases, a counselor can help put things back into perspective. But these mistakes can be costly and heart-wrenching if the court decides that a parent’s careless behavior deserves to have the child custody agreement revised in the ex’s favor.
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
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