Every family law attorney has met parents who simply do not seem to get along. One parent says yes, the other automatically says no. Mom says the sky is blue, while dad says mom is just plain wrong.
I strongly encourage parents who have a toxic relationship to attend high conflict diversion classes. One such class is taught by Shaun Hoyle, who has undergone collaborative training and is the owner of Life Lessons of Manasota, Inc.
When you file a family law case in a Tampa Bay court that involves children (such as divorce, paternity, or modification of a parenting plan), you will get a standing notice or order which prescribes how parents should treat one another and their children.
For the most part, parents that utilize common sense and common courtesy should have no problem sticking to these standing requirements. Below are excerpts of the requirements in Pinellas County:
1. CONTACT WITH BOTH PARENTS; SHARED PARENTING:
1.1. Contact with both parents is generally in the children’s best interests. Children are entitled to “frequent and continuing contact with both parents when the parents separate or divorce” as a matter of law.
1.2 The “primary residential parent” has an “affirmative obligation to encourage and nurture a relationship between the children and the alternate residential parent.” A parent who restricts access of the children to the other parent and who does not encourage a relationship between the children and the other parent, perhaps should not be designated the “primary residential parent, ” as this is not acting in the children’s best interests and is not following the law.
1.3. In nearly all cases, the court orders “shared parental responsibility” of the children, which means co-parenting. The parents must confer with each other and agree on parenting decisions. Both parents must participate in all parenting decisions and work out their time sharing schedules. If the parents cannot agree on any issue, then the court will decide.
In an effort to make the process for divorce clearer to litigants in Hillsborough County, the Thirteenth Judicial Circuit has published the following Requirements for Dissolution of Marriage:
1. PROOF OF RESIDENCY. 6 months prior to filing Petition. May be proved by drivers license, voter I.D., Affidavit of Corroborating Witness; or testimony of witness. Section 61.052(2), Fla. Stat.
2. U.C.C.J.E.A. If any minor child or children born as a result of the marriage. Section 61.501 -61.542, Fla. Stat. (2002)
3. FINANCIAL AFFIDAVITS for each spouse, Rule 12.285(d)(1), Family Law Rules. (This requirement may not be waived if there are financial issues.) Under $50K/Yr. – Over $50K/Yr.
4. COMPLETED CHILD SUPPORT GUIDELINES WORKSHEET, if there are minor children. Family Law Rules Form 12.902(e).
Section 61.21 of the Florida Statutes requires each party in a case that involves children and custody/time-sharing issues to attend a four-hour parenting course. This “Parent Education and Family Stabilization Course” gives parents the opportunity to learn about, among other topics, how their court action may affect the emotional well-being of their children.
You should note that, except in very limited circumstances, a judge will not enter a final judgment until both parties have (i) attended the course and (ii) filed a certificate of completion with the clerk of the court.
