Few items cause more questions for Tampa Divorce Attorney as the Standing Temporary Order in Family Law Cases. Frankly, this is because it has such a significant effect on folk’s case during the pendency and many Tampa Family Law Attorneys simply don’t explain the specifics of it their case. In short, this Order provides the answers to the overwhelming majority of issues faced by folks in their Tampa divorce cases.
It is critical to point out the huge number of items it covers. Specifically, it is approximately five (5) pages long covering a wide variety of items. Here, we will discuss several of the more common items disputed by parties.
First, it handles how parents should regulate time sharing during the pendency of the divorce. The Standing Temporary Order requires parties to engage in “contact with both parents” as it is in their best interest. It specifically informs the parties that restricting access of the children to one parent and not encouraging the minor child to have a relationship with both parents could be considered by the Court later in the matter. It also informs parents that they should have seek to continue attending school and extracurricular activities and take part in all major parenting decisions regarding the minor child.
Secondly, the Standing Temporary Order requires the parties to attend a parenting class as part of the pending family law matter. There are tons of these classes advertised throughout the Tampa Bay Area. It is critical though to ensure it is approved by the Department of Children and Families (“DCF”). Once it is completed, one simply has to file the Certificate of Completion with the Court.
Thirdly, it requires the parties to abide by the Florida Relocation Statute, which we discuss elsewhere in our Tampa divorce attorney blog. In short, this Statute regulates the ability of parties to relocate with a minor child. It is worth noting though that this Statute regulates the movement of the child, not the parties, so a parent can move without the minor child, but then would not have enforceable rights to visitation.
Fourthly, it provides the guidelines for the treatment of children during the pendency of a family law case. While this is the lengthiest part of the Standing Order, we have highlighted a few of the more significant portions of this section. This Section requires parents “co-parent” until a final order is in place. As we have discussed elsewhere on our Tampa divorce attorney, co-parenting is a phrase used by Florida courts to describe the cooperation and collaboration of two parents, when raising a minor child. Co-parenting requires the parties work through major decisions together, rather than one parent making the decision for the minor child. This Section also discusses the need of a parent to take a proactive role in ensuring the other parent isn’t alienated, when the minor child isn’t with them. It also requires the parties not to discuss matters relating to their case and/or separation, including the cause of their separation, in front of the minor child. As tempting as it is for folks, it is absolutely critical to avoid doing this because Tampa Bay Area Courts routinely penalize parents for doing this. Further, it puts significant strain and stress on minor children, when they are forced to act as a conduit between two battling parents. Lastly and arguably most importantly, it explains that a parent’s payment of child support and a parent being able to exercise visitation. This section of the Standing Order obviously involves the most significant, complex portions of the Order. Further, the overwhelming majority of litigation and motions for contempt are filed concerning enforcement of this section.
Fifthly, the Standing Order prevents parties from intentionally dissipating Marital Assets during the pendency of a divorce. Elsewhere on our Tampa divorce attorney blog, we discuss what specifically entails a “marital assert”. This section is most often implicated in situations, where either there is significant financial disparity between the parties and/or one party is refusing to pay child support to the other. Litigation regarding this portion of the Standing Order generally takes either the form of some sort of injunction from continued wasting of the assets and/or a final hearing concerning equitable distribution.
Lastly, it discusses the requirement that the parties are required to complete mediation prior to going to a final hearing. We discuss elsewhere on our Tampa divorce attorney blog what to expect during your family law mediation and the confidentiality requirements of the same. Many people are frustrated with having to complete mediation, but there are many advantages to mediating a case.
If you or someone you know has questions concerning your Tampa divorce or the Standing Order in your family law case, contact the Tampa divorce attorneys of Hackworth Law for a free case consultation. We have handled nearly all aspects of Tampa Bay Area divorces and will work to protect your rights and get you the outcome, you deserve. If you would like to contact one of our Tampa divorce attorney immediately, please use the “contact us now” tab in the upper right hand corner of our website. We appreciate your time in checking out our Tampa attorney blog and look forward to working with you.