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In Florida, the legal concept of time-share takes the place of custody. Public policy in Florida designates that under most circumstances, children should have frequent and continuing contact with both parents.
There’s an innate legal presumption that equal time with both parents is in the best interests of children. While there are ways to rebut that presumption, the starting point of courts is now an equal 50-50 time-sharing plan.
If you and your former spouse can not agree to a time-sharing plan, Florida courts can consider up to 21 factors in determining time-sharing. These include a capacity to encourage a relationship, to honor the time-sharing schedule, and to be reasonable when expected.
Also considered are your and the other parent’s mental health, responsibilities, past criminal convictions, the child’s friend circle, educational needs, medical care providers, and favorite things.
Should you seek to move away from a 50-50 time-share plan, a knowledgeable attorney can help you tailor your testimony and present evidence of your more favorable position and circumstances as a parent.
Once you’ve legally established paternity of a child, you can move for the courts to adjudicate parental responsibility, time-sharing, and child support.
If you and the other party were never married, you must file a paternity action in order for the courts to establish time-sharing rights.
Yes, even after a final judgment from a court, time-sharing can be modified if substantial changes in circumstances have occurred. What might those circumstances include?
Your spouse may no longer be able or willing to pick your child up from school or drive them to activities. Your spouse may have moved in with a third party whose living conditions are not suitable for your child. Serious physical and mental health issues, legal convictions, inadequate housing, and problems with substance abuse can also factor in. Evidence of physical abuse, neglect, and sexual abuse will also be accepted as deciding factors.
In every case, you will need specific facts and evidence of a serious change of circumstances for the courts to consider modifying a time-share agreement. A skilled and seasoned family law attorney can help you collect and present this evidence to a court.
If you or a former spouse violates a court-ordered time-sharing plan, the courts have the power to enforce those plans. If your ex-spouse is neglecting time-sharing plans, you and your attorney can file a motion for contempt, and the courts can order that they make up that time-sharing.
In Florida, courts have considerable discretion in deciding how to handle a parent who neglects time-sharing plans and agreed-upon responsibilities.
Courts may order your ex-spouse to attend parenting classes or to pay your attorney fees. They can also order the other parent to be incarcerated for not paying child support.
For more information on Navigating Time-Sharing In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.
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