Child Custody / Time-Sharing

Child Custody in Florida

The judges in Florida are mandated by law to make custody decisions rooted in what they think is in the child’s best interest. The state’s public policy dictates that it is in the minor child’s best interest for the parents to have equal timesharing with the child.  A parent who believes equal timesharing is not in the child’s best interest has the burden of proving by a preponderance of the evidence that a different timesharing schedule is in the child’s best interest.  It also encourages the parents to share the joys, responsibilities, and rights involved in raising a child. The court can also assess any relevant issues when making this decision.

Typically, the court’s decision is determined by the following factors:

• Parental Fitness: The law encourages the judge to evaluate each parent’s fitness on various levels closely. These might include a parent’s involvement in daily parental duties and incidences of misconduct, such as domestic violence or substance abuse.
  
  
• The Child’s Social and School Life: The court will assess the child’s life, educational records, and involvement in community activities to assess if moving them to a new home might disrupt their routine.
  
  
• The Child’s Preference: If the child shared by the divorcing parents is sufficiently mature and intelligent, the court will ask them to share their preference. Depending on the child’s age, the court might or might not consider the child’s preference when making the final decision.
  
  

Parenting Plans

If you want to avoid leaving the decision of your child’s custody up to the court, you will need an experienced lawyer to draft a reasonable parenting plan. It is a document that details how divorcing parents will divide the daily tasks related to their child’s upbringing.

A parenting plan features a time-sharing schedule, which spells out the time the child will spend with each parent. It also details which parent will be responsible for handling school-related matters, health care, and other activities. The extensive document also includes agreed-upon methods of communicating with the child and further details that might be unique to your family.

If the parents cannot see eye to eye and agree to a parenting plan, it will be left for the court to decide what is in the child’s best interest.

Time-Sharing and Parenting Plans in Florida

If you’re going through a divorce, our lawyers can help you create a parenting plan that ensures your child’s well-being through this trying time. We will make sure to protect your parental rights and avoid future complications.

Moreover, if in the future you or your ex experiences a change in employment, health, finances, etc., we can make changes to the document to make sure it remains fair for the child and the parents. We can represent you when you need to adjust the time-sharing or parenting plan. Since these changes require court approval, you cannot make them independently. With us in your corner, you can start the legal process right away, letting us prepare the needed petition and submit it to the court for approval.

Get in Touch Today

So, if you’re looking for an experienced lawyer for child custody in Florida, get in touch with Mario, Gunde, Peters & Kelley today!