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Phone: 407-628-4300 or 1-800-536-5179
Question: Is it still the law in Florida that one parent is made the primary parent, and if so, does that parent have custody of the child or children?
Answer: Short answer: "No." Long Answer: "No" with an explanation for the new requirement of parenting plans and contact schedules:
Florida has resisted the trend to order that one parent has "custody" of the child or children to the exclusion of the other parent. The first solution to the problem of making one parent feel excluded or to be perceived by the children as having less rights than the other parent was Florida judges usually gave both parents custody. Occasionally, one parent was awarded sole custody (as in cases where there had been an abusive parent). The parent that had the children most of the nights was designated the "primary residential parent." The emphasis was supposed to be on residential, as that was the point, but people shortened the term to "primary parent" and that put a stigma on the other parent and made him or her generally perceived by the world at large as "secondary." Florida has now tried to correct that problem by doing away with these terms.
The contact schedules used to be called "visitation" schedules and the parent that "visited" was the "secondary residential" parent. Florida has thrown out all that language as being too negative on the parent that doesn't have the children as much as the other parent. Now there is a required "parenting plan and contact schedule" that must be entered with a final judgment. There are to be no secondary parents who visit with their children, in Florida. Each parent is to be an important part of a child's life from the child's point of view. Florida's legislature, judges and policy makers have got it right, finally. Now we need to keep the law on track. There are cases that still have primary parents designated and those cases have to be dealt with under the new laws.
For old and new cases, everything comes out okay if the children's best interests are what determines the contact schedule. More Judges are looking favorably to 50/50 contact schedules, provided the parties communicate well and live relatively close to each other.
Question: What does Florida's Relocation Statute prevent someone from doing?
Answer: Florida's Relocation Statute prevents a parent with minor children from relocating his or her permanent residence more than fifty (50) miles from the residence of the other parent, or from relocating his or her permanent residence out of the State of Florida, unless he or she has complied with the notice provisions of the relocation statute and has no objection from the other parent, or after having notice of an objection from the other parent, has obtained a court order that allows relocation.
Question: Who pays attorney's fees if there is a court action regarding the relocation statute?
Answer: Generally, each party will initially pay his and her own attorney fees and court costs. Later, the judge may rule that one party has the ability to contribute toward the attorney fees and costs of the other party based on the need of one party and the ability of the other party to pay. The reason for the relocation are a factor in determining whether the relocation is granted. It may be related to the party moving to earn more income, so that party may well be able to pay the attorney fees of the other party.
This information is not to be used as legal advice. FOR ANSWERS SPECIFIC TO YOUR SITUATION, PLEASE CONTACT US AT
Email us: mail to dunloplaw@aol.com
Phone: 407-628-4300 or 1-800-536-5179
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Dunlop, Dunlop & Dunlop, P.A.
has been practicing family law
in the Orlando and Central Florida
Area since 1995.
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