Protecting Your Parental Rights
Divorce can be emotionally challenging, especially for parents who are concerned about asserting and protecting their parental rights not only during divorce proceedings, but after their finalization. It is critical for divorcing parents to have a firm grasp on the legal strategies that safeguard their parental rights during these kinds of transitions. Read on to learn more about protecting and asserting your parental rights during a Florida divorce.
Understanding Parental Rights
In Florida, parents have fundamental rights and responsibilities towards their children. This includes the right to visitation and an obligation to financially support the child, as well as the right to make decisions about their child’s upbringing, including his or her:
- Education;
- Religion; and
- Healthcare.
These parental rights are guaranteed by the Constitution, as well as state statutes and common law. This does not, however, mean that a parent who is going through a divorce won’t face opposition to proposals regarding the division of time-sharing and parental responsibility.
Factors that Affect Parental Rights
It’s important for divorcing parents to understand that there are factors that will arise during their proceedings that can affect their parental rights. For instance, courts will only approve a parenting plan if it is in a child’s best interests, which in turn requires an assessment of the child’s well-being and each parent’s ability to provide a supportive environment. These factors will help determine what type of time-sharing agreement two parents have, as well as how they share responsibility for making decisions on their child’s behalf.
Legal Strategies that Affect Parental Rights
There are a number of legal strategies that can help parents protect their parental rights, including coming up with a detailed parenting plan. These plans address issues like visitation, decision-making authority, how the parents will communicate with their children, and mechanisms for resolving disputes. Drafting a thorough parenting plan is a good way to ensure that a parent’s rights are protected and upheld. Parents who are looking to assert their parental rights should also be sure to maintain records that demonstrate their active involvement in their child’s life, such as attendance at the child’s activities, medical appointments, support for extracurricular activities, and regular communication. Of course, one of the best ways to protect one’s parental rights is to work with an experienced attorney throughout divorce or custody proceedings.
Here to Help You Assert Your Parental Rights
Protecting and asserting your parental rights during divorce is of the utmost importance. To learn more about the legal framework that helps parents protect these rights, please reach out to experienced Fort Lauderdale child custody lawyer Sandra Bonfiglio, P.A. today. With over 20 years of experience helping families navigate their divorce and custody proceedings, our legal team has the skill and resources to assist with your case. To set up a free consultation, please call us at 954-945-7591 or complete one of our online contact forms today. We are standing by to answer your questions and concerns and can get started on your case right away.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1014/1014.html#:~:text=
jud12.flcourts.org/About/Divisions/Family/Pro-Se-Forms-Instructions/Parenting-Plans
