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FAQ'S: CO-PARENTING DURING LITIGATION

Updated: Jan 29, 2021

Relevant questions parents face during litigation. Let's face it, co-parenting with an ex can be difficult. Co parenting with a scorn, soon-to-be ex after the court system is involved? THAT can be downright nasty.... some liken it to teenagers catfighting.


Our father's rights attorney will provide you with practical legal advice that will take into account the ramifications your actions before and during litigation will have on your familial situation.



Relocation

1. “Can I take my child and move out of state?”

DO NOT. If you are considering this type of conduct, contact an attorney for help with what is sure to be a volatile separation. The simple answer is no.The attorneys at The Dad Law firm stress the importance of meeting all of your legal obligations. You have a legal obligation to allow the other parent to maintain a healthy relationship with the child unless special circumstances exist and the JUDGE says otherwise.

In Florida, once litigation has commenced, both parties are under court order restricting any relocation more than 50 miles from the address of record at the time of filing the case. Basically, you can move, but not too far. It is recommended that you establish timeshare prior to any child support order, and also consider the child's needs prior to making major decisions regarding relocation. In some circumstances, the court might find relocation of one parent to be in the child's best interest.


Contact the Dad Law firm today at 1-844-LAW-4DAD (1-844-529-4323) to find out if we can help. Located in Winter Springs, FL- Serving Seminole, Orange, and Polk County.



Child Support and Visitation

2. “Do I have to pay child support in order to see my child?"

No, but technically yes.

The attorneys at The Dad Law firm stress the importance of meeting all obligations to the child. Timely payment of the complete child support is advised and encouraged. The short answer here is no. While failing to pay child support can result in the loss of other privileges, such as driving and the freedom of liberty, the right to a parental relationship belongs to the child. The child will not be penalized in the form of deprivation of the parent/child relationship because the party fails to pay child support. Again, failure to pay child support is not a reason for either parent to withhold court ordered visitation or timeshare with the parent who owes child support. Technically a parent has to pay child support to ensure continued contact with their child. A parent who has the ability to pay, but continues to owe child support, can be penalized by a contempt charge which could result in jail time. If you are in jail for failing to pay support, you will surely miss out on time with your child. So...technically, you can be kept from your child for failing to pay child support. Essentially, only a judge can legally keep a parent from seeing their child. If you are being kept away from your child without a court order, call The DAD LAW Firm today at 1-844-LAW-4DAD to see how we can help.


If as a result of a change in circumstances you are unable to pay the child support amount you have been ordered to pay, you could potentially qualify for a reduction in payment. Contact the Dad Law firm today at 1-844-LAW-4DAD (1-844-529-4323) to find out if we can help. Located in Winter Springs, FL- Serving Seminole, Orange, and Polk County.



Custody & Timesharing

3. “Can a lawyer help me if I no longer know where my child lives?”

In most cases, yes. Each case is unique, so our attorneys would need to consult with a prospective client, determine how much information is available and get an understanding of some of the specifics of the situation prior to accepting this sort of undertaking. If we are able to help, we will utilize the services of private investigators to locate the child's mother and pursue necessary legal action. If we are unable to locate the parent, the investigative services would be provided at no cost to you as we will be unable to proceed.


In some cases, there may need to be a action filed to establish the father's rights or custody. In other cases, an enforcement action must be filed to get the mother to comply with an order that is already in place. The attorneys at The Dad Law firm stress the importance of seeking professional help. Matters of love, family and breakups are filled with emotions and frustration. Taking these matters into your own hands can result in causing a bad situation to worsen. A professional investigator can locate the mother (or father) and child on your behalf. This will allow you to remain physically safe while shielding you from liability of potential trespassing charges or other legal infractions.


Contact the Dad Law firm today at 1-844-LAW-4DAD (1-844-529-4323) to find out if we can help. Located in Winter Springs, FL- Serving Seminole, Orange, and Polk County.





©2021 The Dad Law Firm.

The information on this website is for general information only. Nothing on this site should be taken as legal advice for any individual case or situation. The receipt or viewing of this information does not constitute an attorney-client relationship. We are child custody, visitation, and, men’s and fathers’ rights lawyers. While we serve Central Florida as a whole, our office is in Winter Springs Florida.

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