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Florida children are entitled to minimally competent parents and the shared parental responsibility act presumes the both parents are fit. It is further presumed that a fit parent will have certain basic knowledge: that it is important for the child to have to healthy parents involved in his or her life who share in determining and participating in the child?s welfare and upbringing without conflict. This is Florida law and this is the result of long term studies on the best interest of children who?s parents are dissolving their marriage. Therefore, if the parent thinks the other parent is not fit, then it is the duty of the fit parents to intervene, long before the legal dissolution of marriage. In the area of dependency, failure to intervene is called ?failure to protect.? The fit parent who does nothing to protect the child from the unfit parent is as guilty as the unfit parent. The family lawyer must be careful. Alleging that the other parent is unfit may backfire. The court may find that the ?fit? parent failed to protect the child and a dependency declared by the family court judge.
Parents think that ?better? parent is to be the primary residential parent. Effective October 1, 2008, there is not longer a primary residential parent and a secondary residential parent. All artificial legal titles have been eliminated and the focus is on a plan to developed by the parents relating to the decision that must be made regarding the minor child. The parenting plan must contain a time-sharing schedule for the parents and child. The parenting plan must be developed and agreed to by the parents and approved by a court or, if the parents cannot agree, established by the court. [Florida Statute 61.046(13).]
The ?better? parent is one who acts in the best interest of the minor child. What is expected is not bashing of the ?unfit? parent, but attempts at rehabilitation and intervention of the other parent to promote the purposes of Chapter 61 using therapeutic justice. The lawyer representing the alleged ?unfit? parent has the responsibility for investigation and evaluation and that parent?s rehabilitation and intervention to create the ?better: parent. The lawyer representing the alleged ?better parent has the responsibility for investigation and evaluation and that parent?s rehabilitation and intervention.
A good family attorney should:
1. Educate the parent as to the purpose of the legal system and Florida Law as it relates to parental responsibility and child issues.
2. Improve the psychological health of the parent.
3. Promote early completion of the emotional stages of dissolution of marriage which interfere with the ability to conscientiously parent.
4. Improve the communication plans.
5. Eliminate or minimize conflict
6. Promote a parenting plan which focuses on future preparation between parents.
7. Focus the parents on the best interest of the child. To deal with the child?s needs and difficulties.
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Tags: The good parent and the bad parent in divorce
Posted in Children · December 24th, 2009 · Comments (0)