Children would attend school in the district where the parent they spend the most time with resides. But both separated parents have a say in the school choice. One parent couldn’t change the school without a court order.
As parents begin divorce proceedings, they will want compassionate legal representation that considers the wellbeing of every young family member. Robert Sparks Divorce Attorneys stands beside clients to make sure they and their children navigate divorce and emerge from it in a better situation. Contact Robert Sparks Attorneys to schedule a divorce consultation when you have questions about how to protect your children through such a difficult process.
Making Sure Children Are Secure and In School During a Florida Separation
Florida doesn’t recognize separation as an alternative to divorce as some states do. There is no legal separation process in our state.
But during an informal separation period, while parents consider divorce, families can plan for the future, including divorce, and work out an agreement to protect children.
A family may have to quickly determine how a separation will work and how children will be cared for while a divorce is considered and prepared for.
During a separation, parents will likely be living in two different places. When children are involved, child custody and child visitation agreements would need to be ironed out. Decisions like whether children will remain in the school they are used to can have a major impact on how the child copes with divorce. Changing schools can be a major disruption for a young person already going through such a difficult time. Additional thought and planning by parents who are separating can prevent a lot of hurt and difficulty in the months and years ahead.
Petition of Support During a Florida Separation
The question of who children will reside with (for the majority of the time) and where they’ll attend school will be tied up in any unofficial separation period. Florida law allows separated parents to file a “petition of support” to form a legal agreement, pre-divorce, to determine decisions regarding financial support and a child’s wellbeing.
Parents don’t actually have to be married to utilize Florida’s petition of support. It’s a legal agreement that allows any parents to sort out issues like where children will reside, who gets visitation rights, and financial issues. It’s often a temporary measure for married couples who are separating. These issues can then be settled more permanently in divorce proceedings.
With a petition of support, a separated parent with primary custody of children seeks to secure the money they require to be able to provide for children during a separation. They may seek spousal support to be able to stay in the family home, pay bills, and provide necessities. A separated spouse can also seek child support during this time.
Just like divorce proceedings, negotiations over the details of a “petition of support” can cause tension. Agreement can be hard to find, especially where an emotional subject like the care and wellbeing of children is concerned. Make sure you have a skilled Tampa divorce lawyer on your side through any negotiation that involves the future of your family and your children. Your goals for your children should be first and foremost in any “petition of support” agreement.
How Does a Postnuptial Agreement Work in Florida Separations?
Couples may also have signed a postnuptial agreement after they get married. It’s a legal precaution that couples use to decide tricky issues that will arise if parents seek a separation or divorce.
Many people have heard of a “prenuptial agreement,” entered into before a marriage takes place. It covers what happens if the couple divorces later.
But a postnuptial agreement is drawn up after two people have already married. It’s a legal agreement that predecides what happens if a couple does separate or gets a divorce. The postnuptial document may cover how child custody and visitation will work and where children will live and go to school.
Florida courts don’t recognize separation, but the court can uphold a postnuptial agreement. Keep in mind that the court can still question child custody and visitation decisions, despite what’s in a postnuptial agreement. A judge can change those details for the wellbeing of the child.
Contact a Tampa Divorce Attorney
At Robert Sparks Attorneys, we are protective of our clients and their children. We get aggressive to secure what’s fair for every member of your family. We stand beside our clients through the most emotional and difficult divorce and separation battles to make sure they emerge victorious and go on to provide the life their children deserve.
If you are considering a divorce in the Tampa area, please give our Tampa divorce lawyers a chance to safeguard your interests. Contact us for a no-obligation consultation on your divorce and find out what you should be demanding during your divorce proceedings for the protection of your entire family.
