Florida family law has replaced the term 'custody' with the idea of 'time-sharing' and 'parental responsibility'.
When you file a family case in Florida court, courts are responsible for establishing a parenting plan and time-sharing schedule, parental responsibility and Child Support before entering a final judgment.
Florida family law has replaced the term 'custody' with the idea of 'time-sharing' and 'parental responsibility'. When you file a family case in Florida court, courts are responsible for establishing a time-sharing schedule, parental responsibility and Child Support before entering a final judgment.
Florida family courts favor the best interest of the children when establishing a parenting plan and time-sharing schedule. Learn more about the Best Interest of the Children.
Time-sharing schedule is a timetable that must be included in a Parenting Plan, that specifies the time, including overnights and holidays, that a minor child will spend with each parent. If developed and agreed to by the parents of a minor child or children, it must be approved by the court. If the parents cannot agree, the schedule will be established by the court in accordance to Florida Statute.
Parental Responsibility includes all the rights and responsibilities a parent or parents have for the welfare of their child or children. Parental responsibility includes but is not limited to, major decision making regarding the child's education, religion, and medical care.
The Florida Family Courts show preference for shared parental responsibility (joint legal custody). Divorce laws specifically state:
"It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or divorce, and to encourage parents to share the rights and responsibilities and joys of child rearing. After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child, irrespective of the age or sex of the child."
Whether you are married or divorced, you have a responsibility to make decisions in yourchild's or children's best interest. This is known as "parental responsibility," and shared parental responsibility is ideal. However, sole parental responsibility is sometimes a necessary reality.
Even if one parent is designated the primary residential parent and gets to spend more time with your children, the non-custodial parent typically has equal parenting rights and is equally entitled to be consulted on all decisions for the children. I encourage you to take an active role in the lives of your children. Divorce can do too much damage for one parent to disappear from their kids' lives, and children need to have a positive relationship with BOTH parents. Did you know it is your former spouse's duty to foster a positive relationship between you and your children?
more on Shared Parental Responsibility.
When violence, a criminal history, neglect, or other similar factors put children in danger or at risk of detriment, sole parental responsibility may be in the children's best interest. In such circumstances, the court has the authority to make only one parent responsible for child-related decisions and upbringing.
Mediation can be an effective tool in resolving divorce-related matters, particularly those that involve your children. You can take control of the decision-making process and not wait for the sound of the judge's gavel.
Parenting Plan is a document created to govern the relationship between the parties relating to the decisions that must be made regarding the minor child(ren). The Parenting Plan shall contain a time-sharing schedule for the parents and child(ren) and shall address the issues concerning the minor child(ren). The issues concerning the minor child(ren) may include, but are not limited to, the child(ren)’s education, health care, physical, social, and emotional well-being. In creating the Plan, all circumstances between the parties, including the parties’ historic relationship, domestic violence, and other factors must be taken into consideration. The Parenting Plan shall be developed and agreed to by the parents and approved by a court, or if the parents cannot agree, established by the court.
Florida family laws require courts to establish a parenting plan in cases involving minor children. A parenting plan addresses:
Florida Family Statutes designed to favor the best interest of the child, including shared parental responsibility.
When Florida family Courts establish or modify a parental responsibility or a time-sharing schedule, courts consider a number of best interest of the child factors.
Florida public policy is to encourage each parent to share parental responsibility and time-sharing. See Visitation Guidelines.
In some cases, it is possible to reach an agreement on time-sharing and parental responsibility (generally called 'Uncontested' case). Whether the time-sharing schedule and parental responsibility is agreed to by the parties, or Court ordered, a Parenting Plan is the document which governs the relationship between the parties relating to decisions that must be made regarding the Minor Child, and a time-sharing schedule.
Family law attorney Christophe Fiori works closely with clients to achieve the best possible results when obtaining a court ordered parenting plan. Call for a free consultation (888) 384-2872.
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The behavior of parents has a great influence on the emotional adjustment of their children. This is equally true after the dissolution of marriage. The following guidelines have been found to be helpful in achieving meaningful timesharing:
We know that these guidelines will not answer every problem which will arise, nor will they solve all questions raised, but if they assist you in a time of crisis and stress, then they are useful and are worthy of your attention.