What Is A Florida Court-Appointed Parenting Coordinator?
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Divorce and custody battles can be a stressful and emotional experience for all parties involved. While the focus is often on the separating spouses, children can also face significant distress. Amid the legal jargon and court procedures, the well-being of the children sometimes gets lost. That’s where a court-appointed Parenting Coordinator comes in.
Legal Definition According To Florida Statutes
The role and definition of a Parenting Coordinator in Florida are codified under Florida Statutes Section 61.125. According to this law, a Parenting Coordinator is an impartial third party. Their main role is to assist parents in creating or implementing a parenting plan. This involves a non-adversarial dispute resolution process, which is either agreed upon by the parties or ordered by the court.
Purpose: A Child-Focused Approach
The overarching goal of a Parenting Coordinator is to offer a child-focused alternative to the often adversarial court proceedings. They facilitate resolution of disputes between the parents by providing education, making recommendations, and sometimes making limited decisions with prior approval from both the parents and the court.
When Is A Parenting Coordinator Appointed?
The court may appoint a Parenting Coordinator in any action that involves the establishment or modification of a parenting plan. The establishment of both a temporary parenting plan and later a permanent parenting plan is often the case in divorce proceedings or custody battles. However, it is worth noting that in domestic violence cases, both parties must consent to the appointment, and the court will provide safeguards to protect the participants involved.
Qualifications: Who Can Be A Parenting Coordinator?
In Florida, a qualified Parenting Coordinator must meet specific requirements. They must be licensed as a mental health professional or as a physician with psychiatric certification or otherwise be a certified family law mediator with a mental health background. They also need to have a minimum of three years of post-licensure practice and undergo specific training programs, including domestic violence and child abuse training.
Limitations And Safeguards: The Role Of Domestic Violence
If there has been a history of domestic violence between the parties, the court is required to take special precautions before appointing a Parenting Coordinator. Both parents must consent to the process, and the court must be convinced that the consent is given freely and voluntarily. Additionally, the court will consider any injunctions or conditions arising from criminal proceedings when prescribing safeguards. Payment of a parenting coordinator is not a child support matter.
Financial Considerations: Who Pays For It?
The fees for the Parenting Coordinator are shared between the parties as determined by the court. The court will not appoint a Parenting Coordinator unless it determines that the parties can financially afford the service. For indigent parties, on limited occasion public funds may be used. Where there is just one indigent parent, the non-indigent party may occasionally consent to cover the entire fee.
Frequently Asked Questions About Florida’s Court-Appointed Parenting Coordinators
What Is A Parenting Coordinator?
Someone who serves as a neutral third party in a custody matter is referred to as a parenting coordinator. They may either be hired by mutual consent of a child’s parents or appointed by the court. The primary role of this coordinator is to help parents in dispute resolution related to the creation or implementation of a parenting plan for their children.
Under What Conditions Can A Parenting Coordinator Be Appointed?
The court can appoint a Parenting Coordinator in cases where a parenting plan is being established or modified. However, in situations involving domestic violence, both parties must give their consent, and the court will implement necessary safeguards.
What Qualifications Should A Parenting Coordinator Have?
Florida law mandates that a Parenting Coordinator should be either a licensed mental health professional, a physician with psychiatric certification, or a certified family law mediator with a mental health background. They should also have at least three years of post-licensure practice and complete specific training programs.
Are Parenting Coordinators Expensive?
Normally, the answer is “yes”. The fees for a Parenting Coordinator are typically split between both parties, based on a determination by the court. If either party cannot afford the fees, the court won’t appoint a Parenting Coordinator unless other financial arrangements can be made.
What Are The Safeguards For Parties Involved In Domestic Violence?
In cases where domestic violence has occurred, both parties must consent to the appointment of a Parenting Coordinator. The court will also include specific safeguards to protect the vulnerable party. This could include separate meetings, supervised communication, and/or virtual meetings by Zoom.
Are Conversations With A Parenting Coordinator Confidential?
Usually, conversations during Parenting Coordinator sessions are confidential. However, exceptions exist, particularly in emergencies that involve child abuse or if a domestic violence injunction has been obtained.
Can A Parenting Coordinator Make Decisions For Parents?
The role of the Parenting Coordinator is to facilitate discussion and provide recommendations. While they can make limited decisions, these must have prior approval from the court and the parents involved. They cannot make significant changes to the parenting plan without court approval.
Conclusion: When Is A Parenting Coordinator The Right Choice?
Deciding whether or not to involve a Parenting Coordinator can be complex and depends on the specific conditions of your case. Factors like the level of conflict between the parties, the presence of domestic violence, and financial constraints all impact on this decision.
If you’re navigating a family law issue involving children in Florida, understanding the role and limitations of a Parenting Coordinator can be crucial. For a tailored assessment of your situation, consider seeking the guidance of a qualified family law firm near you that knowledgeable about Florida’s statutes.
The Law Offices of Matthew Z. Martell, P.A. can provide you with the representation you need in Sarasota, Bradenton, Lakewood Ranch, and Venice, FL. Let our experienced divorce lawyers simplify the complexities of family law for you. Don’t hesitate—call us today at (941) 556-7020 or get in touch with us online.
