One of the most difficult and emotional aspects of a divorce or in a paternity matter when the parties have not been married involves what a lot of people call custody disputes. Custody is an out dated term in the State of Florida and so is its successor, primary and secondary parent. Now, the terms shared parental responsibility, timesharing, and parenting plan are utilized in determining the relationship each party will have with their child or children.
In every case involving a child or children, the court shall award shared parental responsibility unless the court finds that this would be detrimental. Shared parental responsibility requires parents to communicate and make joint decisions with regard to the health, safety, education and overall welfare of a child. If shared parental is detrimental to a child, the court may award sole parental responsibility.
A parenting plan and timesharing plan must be established by the parties by agreement or the court in every case. A parenting and timesharing plan describes in detail how parents will share and be responsible for the daily tasks associated with the upbringing of a child or children and the days and overnights a child or children will spend with each parent. Because the parties know their schedules and routines best, the most effective parenting and timesharing plans are developed by the parties at mediation or through settlement negotiations as opposed to a judge making a determination. The likelihood of the parties abiding by a parenting and timesharing plan also increases when the parties establish and develop it themselves. Typically, neither party is satisfied with the results when the determination of a parenting and timesharing plan is left up to a judge to decide. When that decision has to be made by the court, there are several factors that the court must examine when determining what parenting and timesharing plan is in the best interest of a child. To review the entire parenting and timesharing statute, click here. INSERT. In determining any parenting and timesharing plan, the court must always consider that it is public policy of the Florida that each child has frequent and continuing contact with both parents and that both parents share in the responsibilities and joys of childrearing.
In order to minimize the effect that divorce has on children the lawyers at Cortes Hodz, P.A. work hard in each and every case to resolve issues relating to children without the need to go to court. Our experience has allowed us to develop thorough and detailed parenting plans that are adaptable to each and every client’s particular circumstances. Unfortunately, not every case will resolve and when it does not we are prepared to go to court to obtain a parenting and timesharing plan that is in your child’s or children’s best interest. We have a team of experts that are also ready to assist in this process should the need arise.
If you would like to discuss the details of parenting and timesharing plans or for an analysis of your specific facts and circumstances, please call the lawyers at Cortes Hodz, P.A.