How Does Parental Time-Sharing Affect my Kids in Orlando Florida?
When parents decide to divorce in the State of Florida, they must decide when and how the children will have time to spend with both parents individually. Under Florida law, there is no preference to either parent and they get sole/shared parental responsibility for the children, unless there is some concern of harm to the children making the courts rule otherwise. The courts encourage an amicable time-sharing schedule between parents, so children have frequent and continuous contact with both of them.
Unless the parents can come to an agreed upon schedule for time sharing, Florida Statutes 61.13 states that the time-sharing schedule will be decided by the court in the best interests of the children, not either of the parents. Both parents have to complete a parenting course before the proceedings can be completed. Parental financial responsibility will be determined during the divorce proceeding and the parent that has the child for the most time is the majority parent.
Factors Affecting Time-Sharing.
The factors the judge will consider regarding time-sharing include:
- Parents will maintain consistent routines involving discipline, bedtime, meals, etc.;
- Mental and physical health of the parents;
- Home, school and community record of the children;
- Willingly communicate to encourage a close and continuing relationship between the children and the other parent through honoring the time-sharing schedule and to be reasonable when changes are required;
- Division of parental responsibilities;
- Consideration of children’s needs (as opposed to the parent’s own needs) and to be involved with children’s friends, teachers, extracurricular activities, doctors, etc.;
- Moral fitness of the parents;
- Stable environment such as the family home;
- Travel time for children and the mode of transportation such as air travel or car travel;
- Evidence of domestic violence, sexual violence, children abuse, neglect or abandonment or evidence of providing false information to the court about these issues;
- Primary caretaker of the children;
- The reasonable preference of the children, if the judge believes that the children are mature / intelligent enough to form a preference; as the children become older or have activities that they cannot deviate from such as school-related functions, or part time employment;
- Home free of drug use;
- Other considerations chosen by the court.
Parenting Plan.
Utilizing family law counsel can be an effective way to develop the parenting plan, outlining specifics to keep parents from abusing time-sharing of the court agreed-upon schedule once the divorce is completed. This action will enable parents to have an active role in planning, instead of allowing the court alone to choose. Plan provisions should address general and holiday time-sharing schedules, education, childcare, travel, extracurricular activities, special circumstances such as extended family events and keep in mind the best interest of the children with their input. State of Florida time-sharing planning, parental education and family law divorce forms can all be accessed online at the Orange County Courthouse website.
A parenting plan can be re-visited at any time, if circumstances change. The parenting plan usually goes into full force after the divorce is completed, but there are situations where an attorney can make sure you have shared time before that, if the divorce proceedings are dragging on. The court thinks that it is vital for both parents to take an active positive role in their children’s lives.
Hire an Attorney.
Family matters are complicated during divorce proceedings, but spending time with children should not be adversely affected for either parent, or the children. The best way to make sure the proper paperwork has been submitted and you are effectively communicating with your soon to be ex-spouse regarding time-sharing, is to hire a skilled family law attorney. Navigating your way to the best possible outcome for spending time with your children after your divorce has been finalized is easier with the help of the legal professionals at The Aikin Family Law Group who experience in Orlando, Florida.
Sources:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
