In a family court proceeding, it is crucial to have the right team. While that team begins with a quality attorney, depending on the specific and significant issues in a case, there may be experts or other professionals who can help the unique needs in a family or aid in presenting crucial evidence to a court. While working with lawyers who understand the family’s unique needs is essential, sometimes the client and other members of the family may benefit from the expertise of other professionals, as well.
Therapists and Counselors
Because family court proceedings involve such personal issues, this period of an individual’s life is often one of high stress. Seeking the assistance of a therapist or counselor is often helpful with adjusting to and processing the changes occurring in the individual’s life. For co-parents who must learn to work together for the benefit of their children, therapy or counseling can help with effective communication and conflict resolution skills. But, separate and apart from learning how to effectively co-parent, therapy and counseling will help the parties, and their children, if any, to cope with the divorce. The right to privilege, otherwise understood as privacy and confidentiality, with your therapist or counselor is codified and protected under Florida Statute § 90.503 and known as the psychotherapist-patient privilege.
Social Investigators
In Florida, there is now a presumption that parents should have equal timesharing with the children after a divorce is final. Although the courts start with the presumption of equal timesharing, this may be rebutted if one parent can demonstrate something other than a 50/50 schedule is in the children’s best interests. Likewise, under Florida Statute § 61.13, it is also favored that parents should have shared parental responsibility and make all significant decisions on behalf of their children together. However, in some high conflict cases, equal parenting and joint decision-making may not be in the children’s best interests. The proof required by a court to overcome these presumptions under the law is high. An attorney can help a parent request a court appointed social investigator under Florida Statute § 61.20 and Florida Family Law Rule of Procedure 12.364. A social investigator, often a licensed psychologist, can speak to the parents, the children, doctors, teachers, and other individuals, as well as conduct testing, evaluate the parents and children in their homes, and utilize other methods to create a written report with recommendations to a court for the parents’ parenting plan.
Parenting Coordinators
A common recommendation made by a social investigator is for parents to work with a parenting coordinator. A parenting coordinator is a neutral professional whose role is to help parents work together to make decisions for the benefit of their children and resolve conflict between the parents. Parenting Coordinators can be appointed by the court or by agreement of the parties; and they are governed by Fla. Stat. § 61.125. A social investigation is not necessary for the appointment of a parenting coordinate to alleviate parenting issues.
Forensic Accountants and Business Valuation Experts
Financial experts often play a significant role in divorce proceedings. For individuals with complex financial issues, businesses owners, individuals of higher net worth, etc., it is important to consider using the services of a forensic accountant. A forensic accountant can help identify and prove certain assets are nonmarital, ensure discovery requests encompass all documents needed for financial transparency, create and present plans of equitable distribution to the court, ensure the distribution of assets are properly tax effected, and calculate need and ability to pay for purposes of requesting or defending against a claim for alimony, among many other helpful functions. A skilled attorney can identify when issues in a case rise to the level of needing the assistance of a forensic accountant.
Vocational Assessors
Depending on the dynamics of a family, there may be one spouse who has been out of the work force or working part-time for a certain period of time. That spouse may also be seeking an award of alimony despite not being employed to their fullest potential. In other cases, a spouse may be seeking alimony because they have a medical condition or other barrier that prevents them from seeking full-time employment. In either scenario, a vocational assessor can help to identify what job or field a person is qualified and able to work in and what they could earn. A vocational assessor can then present those findings to a judge to help the judge determine a spouse’s ability to be employed and at what level. Vocational assessors are defined in Florida Family Law Rule of Procedure 12.360.
Life Coaches
The help you need may not end when a family law proceeding is finalized by a judge. Many people are left feeling lost about the next steps in life. A life coach can help an individual work to identify and achieve their personal and professional goals, while providing support and accountability.
Our Firm
Understanding the breadth of issues in each case and knowing the right professionals to include as part of the litigation team is crucial. At Rossway Swan, our experienced family law attorneys help connect our clients with the right professionals to assist with the specific and unique needs of each case.
Prepared by the Matrimonial and Family Law Group at Rossway Swan Tierney Barry & Oliver, P.L. Contact Bradley Rossway, Chelsea Miller, or Haley Davis for more information.
