Child Custody
During a divorce, if you and your spouse have minor children, you will be faced with making difficult decisions regarding your future responsibilities toward your children, where your children are to reside and how decisions affecting your children’s future will be made. We have assisted countless parents in these all-important matters.
Effective October 1, 2008, the law in the State of Florida as it relates to child custody and visitation changed. Prior to the enactment of this New Statute, the Court was faced with determining a primary residential parent and a secondary parent, one who would exercise visitation with his or her children. Nowwith the advent of Florida Statute 61.13, Parenting Plan and Timesharing, in the event that you and your spouse are unable to agree to a Parenting Plan the Court is required to formulate and implement one which defines the roles, responsibility and decision-making authority of each parent to each child.
A Parenting Plan is a document created to govern the relationship between the Parties relating to many decisions that must be made regarding their minor children. The Parenting Plan must contain a Timesharing schedule for the parents and each child. The issues concerning children under this Plan include, but are not limited to, education, health care and physical, social and emotional well-being of the child. In creating the Plan, all circumstances between the Parties including the Party’s historic relationship, any domestic violence and other factors must be taken into consideration.
If you and your spouse are unable to agree, the Court must create a Timesharing schedule between you for each child. A Timesharing schedule means a timetable that must be included in parenting plan that specifies the times, including overnights and holidays that a child will spend with each parent. If developed and agreed to by the parents of a child, it must be approved by the Court. If the parents cannot agree to a timesharing arrangement and parenting plan, the timesharing schedule shall be established by the Court. We are here to assist you with formulating a parenting plan and time sharing arrangement.
If you are facing the decision of filing for a divorce and need trusted legal advice regarding children’s issues, please Contact us today to arrange an appointment with our Attorney
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