Understanding Parenting Plans, Time-Sharing And Shared Parental Responsibility
When married parents divorce or when unmarried parents separate or negotiate parental rights and responsibilities in Florida, preparing a parenting plan is fundamental. What many people have traditionally called child custody is known by other terms in Florida family law statutes. The laws in this state refer to:
- Parenting plans, including time-sharing arrangements, which should be detailed and include information about how parents will communicate with children
- Parental responsibility in matters such as medical, dental and school records and oversight
When a Florida family law court approves or determines parenting plans and time-sharing arrangements, it will do so in accordance with Florida statutes and consider the best interests of the children.
Child-related concerns in your Florida family law case can be complex and overwhelming, but you don’t have to face them alone. At Jeffrey P. Cario, P.A., our attorneys are a valuable resource for parents in need of resolution of a parenting plan in Brooksville, Hernando County and throughout the greater Tampa Bay area.
What Florida Family Law Courts Look For In Custody Matters
A family law judge will normally pay close attention to parents’ expressed desires when approving or modifying parenting plans. In addition, a court may consider a variety of factors, including:
- Each parent’s capacity for maintaining a “close and continuing parent-child relationship”
- The anticipated division of parental responsibilities, including what amount may be delegated to third parties
- The demonstrated capacity of each parent to act according to what a child needs
- The length of time that a child has already lived in a stable environment
- Geographic considerations, including school needs and anticipated travel time
- Parents’ moral fitness and health
- A child’s preferences when a child is mature enough to express them thoughtfully
- Parents’ awareness of important aspects of a child’s life
This is only a partial list of considerations that may have an impact on your family’s future as you are going through a divorce or separation. At this pivotal time in your family’s life, you are wise to turn to a knowledgeable and caring lawyer who is also aggressive when necessary and highly experienced in the courtroom.
Parenting Plans Can Be Modified With Court Approval
Courts are hesitant to modify parenting plans unless there is a compelling reason to do so. They understand that children need stability and predictability. However, as circumstances change, child custody orders must be able to adapt accordingly. Either parent can seek a parenting plan modification if there has been a substantial change in the circumstances or needs of the child, and these changes mean that the current order is no longer serving the child’s best interests. Parents who wish to modify an order must demonstrate that their proposed changes would meet the best interests of their child or children.
Common reasons for seeking a modification include a major change in parental work schedules, one parent’s need or desire to relocate, changes in children’s needs as they grow older and evidence that one parent is being abusive or neglectful, to name just a few. Parent can also seek a modification if the other parent has consistently and meaningfully failed to abide by the terms of the current agreement.
What Happens When One Parent Relocates?
If one parent needs or wants to move a significant distance away from the other, they must either obtain the approval of the other parent or approval from a court. As with all child-related decisions, the court will only approve the relocation if it is in the best interests of the children.
Enforcing Child Custody Orders And Parenting Plans
If your co-parent is failing to follow the written agreement, the first step is documenting their violations as well as noting what steps you have taken informally to seek a resolution. If your attempts are unsuccessful, you can take the matter to court. Our attorneys could help you seek an enforcement order ordering your co-parent to comply with the order and perhaps make up for any time you missed with your children due to the other parent’s failure to comply. In extreme cases, your co-parent may be held in contempt of court, which would make it possible to impose more significant punishments.
Get The Professional Guidance That You Need
At our Brooksville office, our skilled attorneys bring qualities and qualifications to the table that many clients find reassuring. They are personable, client-focused and confident as a result of their nearly 60 years of combined legal experience. They are determined and purposeful about equipping their clients for success.
