Time-sharing Parenting Plans
How Can I Fight for Visitation Rights?
Child custody issues are never simple or easy, and visitation is often a primary concern of spouses going through a divorce. It is vital to know Florida’s child custody laws and get answers to common questions about parental visitation rights after a separation or a divorce.
In 2011, the Florida legislature changed the custody law to eliminate the terms ‘custody’ or ‘visitation.’ Instead, the law now acknowledges time-sharing and parental responsibility.
Time-sharing refers to a parent’s time with the child, while Parental Responsibility refers to a parent’s authority on any issue that affects the child’s health, education, activities and well-being.
The court can grant one parent majority time-sharing or both parents equal time-sharing, allowing both parents to spend the same amount of time with the children or some other combination of time. As far as parental responsibility goes, Florida courts presume that it is in the child’s best interest for parents to share responsibility unless one parent poses a risk to the child’s physical, mental, or emotional welfare or if there has been a history of domestic violence.
Establishing Visitation Rights and Parenting Plans
There is no preference either for the father or the mother of the child when determining which parent should have more time than the other. Florida law is based on the policy that the child should have frequent and continuing contact with both parents. When determining the child’s best interest, the judge will evaluate the child’s developmental needs and the parent’s capacity to meet those needs. All of the factors the court will consider are listed in Florida Statutes.
Petition
In order to establish time-sharing with the child, the parent must file a Petition to Establish Time-sharing and Shared Parental Responsibility. The petition needs to include a parenting plan, which describes how the parents will share their responsibilities.
Aside from the petition, there are other forms that the court requires you to fill out in order to establish your right to time-sharing, such as the Uniform Child Custody Jurisdiction and Enforcement Act Affidavit.
Once you have your forms filled out, they need to be filed in the family court with jurisdiction over your case. When this is done, you must have them legally served to the other parent.
Attend a Court Hearing
The parent has to attend a court hearing on his or her petition for a judge to award the time-sharing of a child. This is an especially important step for which you need to be prepared. Make sure you have copies of everything you have filed with the court and be ready to discuss the issues or concerns that you think need to be addressed.
Consider Hiring an Attorney
While representing yourself is always an option, time-sharing is an important issue. Family law in Florida can be complicated, and a competent attorney can help guide you through the process while protecting your rights.
If you would like to discuss the specifics of your divorce case or need help with understanding time-sharing and Parenting Plans, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://
Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.
At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients. Attorney Diaz practices exclusively in divorce and family law issues in Florida.
Written by Debora A. Diaz, Esq.