Mario, Gunde, Peters, Rhoden & Kelley, llc

— Attorneys and Counselors at Law —

Call Now: (321) 631-0506
Navigation
  • Home
  • Our Firm
    • Kenneth E. RhodenKenneth E. Rhoden – Mr. Rhoden has been an attorney practicing in Brevard County since 1986. He has litigated many serious cases including complex divorces and death penalty cases.
    • Michael J. KelleyMichael J. Kelley – Mr. Kelley is an experienced trial attorney with a strong emphasis on Criminal Defense such as DUI, misdemeanors, felonies, VOP, and juvenile cases.
    • Barbara Helm PetersBarbara Helm Peters – Ms. Peters is an experienced trial attorney with an emphasis in Family Law and Criminal Defense. Admitted to the Florida Bar in 1995, she is also a Florida Supreme Court Certified Mediator.  
    • Bonnie Klein RhodenBonnie Klein Rhoden – Ms. Bonnie Rhoden a member of the Florida Bar, practicing elder law, estate planning, incapacity planning, family law, and landlord/tenant law.
    • Emily A OgdenEmily A. Ogden, Esq. – Ms. Ogden works in all areas of Family Law, including Alimony, Child Custody and Support, Paternity, & Adoption. She also handles financial cases such as Bankruptcy and Mortgage Modifications.
    • Christina Farley Long Esq.Christina Farley Long – Ms. Farley is licensed in numerous Federal Courts in Florida and practices in numerous civil law areas, such as Personal Injury, Bankruptcy, Insurance Defense and Foreclosure.
    • Kelly Damerow, Esq.Kelly Damerow, Esq. – Mrs. Damerow is a professional and passionate advocate. She provides a wide range of family law services including divorce child support, alimony, modification, paternity, and domestic violence injunctions.
    • Michel WatsonMichel Watson, Esq. – Ms. Watson is an experienced and detail-oriented attorney. She primarily practices in the areas of family law, debt collection, real estate, dependency, and injunctions.
    • Nikie PopovichNikie Popovich, Esq – Nikie Popovich, Esquire works primarily in the areas of appellate law serving all of Florida and especially central Florida.
    • George A. BoorasGeorge A. Booras, Esq – Mr. Boras is an experienced attorney handling several types of cases, from Real Estate and Foreclosures, to Family Law, and Civil Litigation.
    • David Anton GundeDavid Anton Gunde – Mr. Gunde received his Juris Doctorate from the University of Florida in 1987, and admission to the Florida Bar in 1988. He practices Family Law, Civil Litigation, and Criminal Defense.
    • Anthony P. MarioAnthony P. Mario – Mr. Mario founded our firm in Brevard County in 1976. He is retired and is of counsel to the firm. He focused on Family Law, Criminal Defense, and complex Civil Litigation.
  • Practice Areas
    • Family Law
      • Divorce
      • Alimony
      • Paternity
      • Child Custody and Timesharing
      • Grandparent Visitation
      • Adoptions
      • Child Support
      • Injunctions
      • Dependency
      • Prenuptial Agreements
    • Criminal Law
      • Felonies
      • Misdemeanors
      • DUI
      • Juvenile
      • Sexual Crimes
      • Probation & Community Control
      • Appeals
    • Personal Injury
      • Auto Accidents
      • Motorcycle Accidents
      • Dog Bites
      • Slip & Fall
      • Wrongful Death
      • Medical Malpractice
    • Bankruptcy
      • Chapter 7
      • Chapter 13
      • Alternatives to Bankruptcy
    • Foreclosure
      • Foreclosure Defense
      • Foreclosure Alternatives
    • Wills & Probate
      • Last Will
      • Trust vs. Last Will
      • Living Will
      • Health Care Surrogate
      • Power of Attorney
      • Guardianship
      • Probate
  • News & Info
  • Contact Us
      • Attorneys available by phone 24/7
      • Cocoa — Main Office

        (321) 631-0506
        Fax: (321) 690-0119
        319 Riveredge Boulevard
        Cocoa, FL 32922


        Get Directions

      • Melbourne

        (321) 676-2150
        Fax: (321) 690-0119
        1735 West Hibiscus Boulevard #302
        Melbourne, FL 32901


        Get Directions

      • Email Us



    Home » Family Law » Child Custody and Timesharing

    Child Custody and Timesharing

    How to Win Your Child Custody Case gives you information you need to know if you are in a child custody or time sharing battle.

    Gone are the days when mom was always awarded custody of the children while dad had regular visitation and the right to pay child support. Today, the father is given the same consideration as the mother in making major decisions effecting a child’s growth and development.  Effective in October of 2008, the law regarding parenting after divorce has made it a much more cooperative venture.  The previous approach had one parent designated as the “primary residential parent” while the other—a designated secondary residential parent — This concept of parenting has been dramatically revised.  Today, both parents have the opportunity to decide how they want to share their time with their children and share their responsibilities of child rearing by entering a Parenting Plan.

    Shared parental responsibility means that both parents retain their rights to participate in the lives of their children and to share in all major decisions pertaining to their health, education, religious training, medical and dental care and relocation with them to another state.  If the parents cannot agree, the court will decide one or all of the issues for them.  In rare cases, a court can provide that one parent is to have “sole” parental responsibility and the right to decide all matters concerning health, education and welfare.  The circumstances under which a court will do this are extreme and usually involve parental abuse, neglect, lack of interest or failure of a parent to look after a child’s general welfare.

    The law now requires that parents create their own Parenting Plan, which outlines their preferences as to shared parental responsibilities and a comprehensive schedule for time sharing. “Time sharing” replaces “visitation” and aims for a more fluid and liberal way for the parents to enjoy the company of their children. The Parenting Plan is presented to the court for its approval. Parents are free to develop any shared parenting plan they desire so long as it gives due regard for the best interest of the child. If the parents can’t reach an agreement, the parties can have a trial and the Court will establish a Parenting Plan. For information you need to know see How to Win Your Child Custody Case written by firm partner, Kenneth E. Rhoden, Esq.

    If you are a Grandparent seeking visitation with your grandchild or grandchildren read more about Florida’s laws and case law on your standing to file a case in a Florida court.

    Let our experienced attorneys assist you with your time sharing issues.

    Call us today for your free consultation (321) 631-0506.

    Modifying Time Sharing

    Whether arrived at through agreement or court order, Parenting Plans are modifiable.  To modify a time sharing schedule, shared parental responsibilities, or the amount of child support, the petitioning party must establish that there has been a substantial change in circumstances which requires the court to revise its original judgment.  The Court always considers what is in the child’s best interest.

    The fact that the parties have not managed to get along at all since entry of the final judgment is not a substantial change in circumstances. But if a party fails to honor the time sharing plan such as sending the child to out-of-town family or friends when the other parent’s time sharing is to begin; interfering with telephone and other contacts with the child; denying previously agreed to changes on holidays or other special visitation dates; or failing to abide by the time sharing schedule can be a substantial change in circumstances.

    Failure to honor the other parent’s time sharing rights can allow the court to do any or all of the following:

    1. Order additional time sharing as is convenient for the parent deprived of visitation
    2. Direct the noncompliant parent to pay the other’s attorneys’ fees and costs
    3. Require the obstructing parent to attend parenting classes
    4. Require the parent to pay the expenses incurred in visitation.

    In extreme cases, the court can revise the timesharing schedule in a manner it deems fit or impose any other reasonable sanction on the noncompliant parent.

    Significant changes in a parent’s mental health, decline in the stability or wholesomeness of his/her home environment, or engagement in a lifestyle that adversely affects or threatens the well-being of a child may all serve as a basis for modifying the time sharing schedule.

    Modifying your time sharing agreement or court order can be complicated and requires a skilled attorney to present your situation to the court.  With over 100 years combined experience our attorneys can help you, call for your free consultation (321) 631-0506.

    Related Topics

    1. What To Do When You Are Sharing Child Custody
    2. How to Win Your Child Custody Case
    3. Temporary Modification of Parental Timesharing Due to Active Military Service
    4. Grandparent Rights to Timesharing
    5. Child Support
    6. Guardian Ad Litem
    7. How Can a Guardian Ad Litem Help My Custody Case?
    8. Principles of Child Support in Florida
    9. Step Parent Adoption In Brevard And Florida
    10. Utilizing Experts in Family Law

    Email Us

      Disclaimer • © 2021 Mario Gunde Peters Rhoden & Kelley (Legal Eagles) • Powered by Geek Fu
      Disclaimer

      The information on this website is not legal advice and is provided only as general information. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The law changes rapidly and can be interpreted in different ways by different courts. The contents of this site could be unsuitable to your circumstances, outdated, or not sufficiently detailed for your needs. An attorney-client relationship is not created by review of this site. By use of this site, as with any electronic communications privacy is not guaranteed. Mario, Gunde, Peters, Rhoden & Kelley will not sell or disclose or in anyway use information you provide that is not consistent with the provision of legal services, unless required by law. This website is provided without warranty either express or implied of any kind. Links within this website are independent of this website and are provided only as a convenience and MGPR&K disclaims any responsibility for the contents of the sites.