High Conflict Divorce Florida

Divorce can be bitter and even more intense when the divorcing couple shares a child or children and cannot agree regarding their child’s future. There may be arguments about what school their child will attend or what sport they play. They may argue about which of them will become the custodial parent. They may fight over time-sharing schedules and may not agree on how much time the child will spend with each parent. One parent may insist on more time.

Emotions are a Key Component of a High Conflict Divorce

When emotions become too intense, or one or both parents become verbally or even physically aggressive, the custody case is considered “high conflict.” Generally, high conflict scenarios can happen when one or both parents are too emotional to communicate reasonably. This inhibits the parties’ ability to come to a peaceful and mutual understanding. One parent may be a narcissist. In high-conflict divorce custody cases, expect bad mouthing, inability to let go, refusal to compromise, constant blaming, lying, and a desire for revenge.  The parties will also use the child or children as pawns.

High conflict divorce custody cases can have detrimental effects on the kids, hurting them emotionally, mentally, and psychologically. These traumas can have short-term and long-term effects. Therefore, the goal should be to eliminate the conflict and de-escalate the situation.

Solutions that can help in negotiating high conflict custody cases

High conflict divorce custody cases are not only messy and emotionally and mentally damaging but also the most expensive. When co-parents cannot agree, the divorce and custody battle gets drawn out. This potentially costs you more money in the long run. The litigation battle can last years in high conflict cases. If you find yourself in a high conflict custody battle, you may want to seek the help of trained professionals, such as:

Family Therapist

Family therapists or mediators help create a communicative and safe environment for the entire family. They allow for both the parents and the children to find a peaceful resolution to the high conflict issue between the parents.

However, family therapy will only work if both parents agree to it. In many high conflict cases, one parent is unwilling to compromise because they believe they are right about everything. Most likely they won’t want to attend family therapy out of fear that someone other than their ex-spouse will point out their faults.

However, most likely both parents, despite their bickering, share a deep love for their child and are willing to do whatever it takes to ensure their child’s best interests. The parties may at least agree to attend family therapy or parenting counseling to help them reach a compromise.

Family Mediation

Family mediation programs help disputing parties find and explore acceptable resolutions in child custody conflicts, including parenting responsibility, child support, and parenting plans. It can help de-escalate high conflict cases by encouraging discussion between parties. The Florida Supreme Court can provide trained family mediators, often in law and healthcare.

Family Divorce Lawyer

Custody cases can get ugly. If you find yourself in a high-conflict custody battle with an ex-partner who is being unreasonable, it may be time to seek the help of an experienced family divorce lawyer. The right family lawyer can help ensure you will not be bullied, threatened, or manipulated by an aggressive spouse. Your lawyer will also look out for you, ensuring that your behavior doesn’t hurt your case and cause you to lose custody or certain parental rights.

Parenting Coordinator

Parenting coordinators help parents talk through differences and make child-related decisions. The process typically begins after the court issues the final custody order, but parents can also use coordination to negotiate a settlement.

For more help on high conflict divorce custody cases, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/. All consultations are by telephone or video conferencing.

Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

In Florida, the courts believe that both parents should take responsibility for their child’s best interests. While the goal is to achieve equal time-sharing, one parent may have the majority of time-sharing.  This is known as “sole custody” in other states. There are also scenarios when one parent is designated as the “custodial parent”. The custodial parent has more parenting time with the child. In this case, the other parent is the “noncustodial parent.”

The judge can make a decision such as who gets sole custody, becomes the secondary parent, or how to divide time-sharing equally. However, the courts can also revoke child custody without hesitation, especially if a parent endangers their child or there is substantial evidence that the terms of the agreement have been violated. Here are the top 3 reasons why a parent may lose their child custody rights:

1.   Parental Alienation

If the parents got along, they probably would not have divorced in the first place. Therefore, it’s understandable that ex-partners will not have good things to say about one another. However, when a parent engages in a consistent pattern of behavior that intentionally hurts their child’s relationship with the other parent, this is could be “parental alienation.” One parent may do this to turn their child against the parent. The parent engaging in this behavior is hoping to deprive their ex-spouse of a relationship with the child. Other parents may think this is a good strategy to “win” as the custodial parent may receive more financial support.

These acts of manipulation are far too common, and the courts have created protections against these behaviors. In Florida child custody cases, acts of parental alienation may be reason enough for the courts to reduce parenting time.  The court may also order supervised visitations.  In extreme circumstances, the offending parent could or lose all custodial rights.

2.   Unsafe Environment

A parent living in a home that poses safety hazard risks may lose custody rights. Allowing a child to live in an unhealthy and dangerous environment is a form of neglect. This doesn’t only apply to the parent’s house but also the neighborhood or the building since the child will be exposed to the surroundings beyond their home. Filthy and unsanitary living conditions infested with vermin or mold are examples of environments to which no child should be exposed. Substance abuse by a parent that endangers a child is also unsafe. Custodial rights may be revoked or limited for these reasons.

3.   Unfit Parent

Florida Statute 751.05 describes a parent as unfit if they have “abused, abandoned, or neglected the child.” Parents that are deemed unfit by Florida courts can lose child custody for not only failing to meet the child’s best interest but also endangering the child. Parents that have a severe mental illness or substance abuse fall under this category, along with parents proven to abuse their child physically and mentally. The courts will revoke child custody to distance the child from erratic behavior that puts their health, wellness, and life in danger.

If you have any more questions about child custody in Florida, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.  For efficiency, all consultations are by telephone or video conferencing to protect our staff and clients.

Attorney Diaz exclusively practices divorce and family law in Florida. She has been providing legal services since 1995.  She has extensive experience in high conflict cases. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

Divorce and child custody scissors cutting family apart

Child support is a court-ordered obligation of the financial responsibilities for a child’s care.  Child support in Florida is the obligation of both parents, regardless of their relationship status (single/married/divorced).  It includes maintenance, training, and education. How is child support determined in Florida? We answer the most frequently asked questions about child support.

How is child support calculated?

Child support in Florida follows a child support guidelines worksheet and an Income Shares Model of Support. This model is based on individual incomes and an estimate of what the parents would have likely spent on their child had they not divorced. The amount of child support payable is also based on the time-sharing schedule. It also includes the number of children involved.  Another issue in calculating the amount of support is children from another relationship.  Sometimes the parents can agree to a child support amount that falls within the guideline amount.  The court will likely approve the amount if it is within the Florida guidelines. However, the judge has the authority to vary from the Guidelines in certain circumstances.

Who is granted child support?

The custodial parent, or the parent legally determined to be the majority time-sharing parent, usually receives child support from the non-custodial parent. But this depends on the income. Because usually, the custodial parent spends more time with the child, they will be the one providing direct financial support to the child. However, because the income of the parties is part of the calculation of child support this may not always be the case.

What if the parents have joint custody or equal time-sharing?

When parents share joint custody and time-sharing is equal, child support is still determined by the parents’ resources.  The parent’s current assets and income from all sources are also considered. Even in an equal time-sharing arrangement child support may still be owed by one parent.

What does child support cover?

Child support aims to ensure that the child continues to be provided with an acceptable standard of living.  This is based on what the parents may have spent on their child had they not divorced. Therefore, child support typically covers food, clothing, educational expenses, medical costs, hobbies, activities, and entertainment. Child support can also include household costs, such as utility bills. Child support is paid to the parent, not the child. Note that in Florida the child support guidelines have not changed in many years!

How is child support paid?

Child support may be paid by direct deposit, bank transfer, or state-issued debit card. If the parties agree child support can be paid directly to the receiving parent. In some circumstances, an Income Deduction Order for wage garnishment may be used to retrieve child support payments.

How long does a parent have to pay child support?

Under most circumstances, child support ends when the child reaches their 18^th birthday. However, support may be required to continue beyond the child’s 18^th birthday. When the child turns 18 while they are still in high school but will graduate child support will continue.  If there is a special needs child there also may be a basis for the continuation of child support.

What if I can’t locate the parent who owes support?

Florida’s Child Support Program sometimes can help locate a parent that owes child support by using local, state, and federal resources. If you are finding a man that is not considered the child’s legal father, DNA testing will be required to establish paternity. Once paternity has been established after the administrative process child support will become the father’s court-ordered obligation.

Can child support be enforced?

Child support orders can be enforced to ensure that you receive child support payments regularly. Some methods used to enforce child support include income deductions, IRS intercepts, freezing bank accounts, real estate or personal property liens, lottery intercepts, passport denial, and suspension of licenses. The paying parent who fails to pay child support may be referred for contempt at court and potentially face penalties such as jail time.

Can child support be modified?

Circumstances can change; a parent may lose their job and source of income, or the parent may get a substantial raise. Anytime a parent experiences an increase or decrease in income, their child support obligation will be impacted, and child support payment amounts may need to be recalculated.

If you have any more questions about child support in Florida, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.  For efficiency, all consultations are by telephone or video conferencing to protect our staff and clients.

Attorney Diaz exclusively practices divorce and family law in Florida. She has been providing legal services since 1995.  She has extensive experience in high conflict cases. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.