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At the Hymowitz Law Firm, we recognize that there is no family law issue more difficult on families than the dispute over child custody. Not only do these cases usually involve parents who value their children above all else, but there are also the children who often feel that their worlds are turned upside down by their parents’ divorce. To elevate some of the emotional scarring left by these disputes, traditional terms like “custody,” “primary residential parent,” and “visitation” has been replaced by “parenting plan,” “timesharing” and “parental responsibility.” These changes in have largely resulted in both parents feeling more like equal co-parents following the resolution of their cases. Nevertheless, because these decisions are very difficult to modify in the future, it is imperative to have the guidance of an experienced lawyer when first facing these issues.
In 2008, state law was enacted in Florida requiring a parenting plan to be established in every divorce or paternity case involving minor children. The parenting plan will address the schedule of when the children will be with each parent as well as how and by whom decisions regarding the children will be made. Parents are encouraged to agree upon a parenting plan, however, the court will step in to establish the plan when necessary.
“Time sharing” refers to the schedule whereby each parent will be able to enjoy time with the children. The schedule typically addresses weekdays, weekends, holidays, school breaks and other special occasions. Florida courts strive to provide each parent with reasonably equivalent time with their children. If necessary, the court may establish a “safety-focused parenting plan” providing safeguards to protect the welfare of the children (or parents) such as supervised timesharing, monitored exchanges or other appropriate restrictions.
In Florida, it is presumed that parents will have “shared parental responsibility” when it comes to the major decisions effecting the health, education and welfare of their children. These means that the parents must make joint decisions in raising their children. A court may deviate from shared parenting if shared parenting would be detrimental to the children.
Florida law provides for various factors to be considered when establishing the parenting plan, however, they ultimately boil down to doing what is in the best interest of the child. Fathers and mothers are given equal consideration by the courts when making parenting plan determinations. At the Hymowitz Law Firm, we routinely handle cases involving:
Contact the Hymowitz Law Firm at (954) 228-3002 or use our contact form to speak to a family law expert about your case.
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