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Timesharing in Florida

Custody2

It is a popular misconception that set restrictions on timesharing are arranged during a divorce. However, in the state of Florida, the common idea of child custody is mostly a thing of the past. Instead, Florida state law now focuses on determining time-sharing and parental responsibility plans. The state of Florida has been a pioneer in implementing the idea that it is important for a child to maintain a relationship with both of their parents. Due to this reality, it is critical that you seek the guidance of a family law attorney. Your attorney will ensure that circumstances surrounding your divorce are handled in a way that is mutually beneficial for all parties involved.

Time-Sharing

The idea of time-sharing is the designation of which days a child spends with each parent. Time-sharing designations will involve which days/nights and holidays a child will spend with whom. On the other hand, parental responsibility designations are the determination of what decision making responsibilities each parent will have. Typically, these decisions involve significant aspects of a child’s life, like where they will go to school or what church they will attend.

Florida statute Section 61.13(2)(c)(1) lists 20 items for the court to consider when determining a parenting plan, it states that it is public policy for each child under the age of 18 years old to maintain frequent contact with both of their parents following the dissolution of their parent’s marriage. The goal of this statute is to encourage separated couples to continue to be active and responsible in the childrearing process. However, Florida law does not provide any set number for what the ideal parenting schedule may be. Although, the law does state that the final decision should always serve the best interest of the child.

Can A Parent Get Sole-Custody?

In circumstances where contact with a parent may be harmful to a child, the court can and will restrict contact with that parent. If an individual has issues with drug or alcohol abuse or a history of domestic violence the court may step in to ensure the parent does not have access to the child. Alternatively, in these situations, a judge may order parental time-sharing be supervised on various levels. However, it should be noted that the court will always strive to order a shared parenting plan unless the circumstances would be detrimental to the child. Even in situations where the court may feel like the child will be best off living with one parent, the court may still order decisions are made in a co-parent system over the phone or email.

Do You Need Legal Assistance?

The circumstances surrounding a divorce can be painful and complex. Unfortunately, divorces are filled with highly emotional and contentious matters, none more so than the circumstances involving your children. Fortunately, the state of Florida is proactive on supporting a co-parent lifestyle; however it is important that circumstances are set to ensure that your parenting strategy is best for all parties involved. An attorney will be able to assist you in ensuring the best result for your family. If you are in need of help, reach out to the office of family law attorney Sandra Bonfiglio. We will be able to preserve your legal rights and ensure that you and your children are being treated fairly.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

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