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4 Important Reasons Not To Wait To Try Establish A Time-Sharing, Custody, Or Visitation Order In A Divorce Or Paternity Action

December 17, 2015 by  
Filed under Uncategorized

 

 

When parents separate they should try to get a time-sharing, custody, or visitation order in place as soon as possible so that their rights can be established and preserved.  (1) Waiting can lead to the other parent denying them time with the child(ren); (2) denying them shared parental decision making concerning the child(ren); (3) allow for the build up of a retroactive child support obligation for the period a parent was denied time-sharing; and (4) for a parent denied time with their child(ren) and shared decision making, waiting also raises the logical questions for the court of:  if time with the child(ren), shared decision making, and support of your child(ren) are important to you why did you wait?  The longer you wait the worse it looks and at some point you may even find yourself facing a child support enforcement case brought by the state attorney’s office where the only thing being adjudicated is your obligation to pay retroactive and ongoing support rather than your rights to time-sharing and parental decision making.

If the separation is amicable, an order can usually be obtained through an agreement being submitted to the Court once a case has been initiated.  Obtaining an order protects your rights if things become less amicable in the future.  If the separation is not amicable, there is even more reason to attempt to obtain an adjudication of your rights from the court sooner than later.

 

 

 

 

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.