Timesharing

October 7, 2011

Child Custody: 50/50 Custody

As a Jacksonville Beach Child Custody Lawyer, I will, on occasion, have clients ask whether the Judge overseeing their divorce will likely grant them and their soon-to-be ex-spouse 50/50 timesharing (commonly known as custody). The law surrounding this question is convoluted at best.

Basically, Florida law has established a presumption against ordering rotating or 50/50 timesharing. With this presumption Florida courts have traditionally not ordered 50/50 timesharing unless the court can find that exceptional circumstances exist which make such a timesharing arrangement in the best interests of the child.

However, in 1997 the Florida Legislature enacted section 61.121, Florida Statutes, which states as follows: “The court may order rotating custody if the court finds that rotating custody is in the best interests of the child.” And looking just at the plain language of this Statute it appears as though there is no presumption against 50/50 timesharing.

October 1, 2011

Paternity: Who are the legal parents?

by David M. Goldman

As a Jacksonville Paternity Lawyer, I often have cases where the parties are not married but they have a child in common. In my experience many men falsely believe simply because their name is on the birth certificate that they are legally the fathers. In Florida this is simply not the case!

Under Florida law, until a Judge signs an Order which determines you are the father, then the child is NOT legally yours. As such, you have no legal rights to the child for timesharing or parental rights of any kind.

In order to be recognized as the legal father in Florida it is necessary to file what is called a Petition for Determination of Paternity. Paternity actions are brought before the court in order to assist a parent in acknowledging and protecting important time-sharing and child support rights and/or obligations.

September 24, 2011

What Should You Wear if You Have to go to Court?

by David M. Goldman

Hiring a good Florida Family Law Attorney is one of the more important decisions you can make in your family law issue. A good attorney will use the most persuasive means to advocate your cause.

Sometimes, however, people overlook a very important aspect of persuasion: your attire. As the client, you want to give the court the best impression you can. This means you need to dress conservatively. The court may not say anything if you show up in jeans and a cut-off shirt; however, the court definitely does notice it. You want to make a good impression, so wear something you might wear to church or to a nice restaurant.

Most of all, you want to convey respect to the court. Look presentable. The court might not notice if you got a new haircut, but it will definitely notice if you just rolled out of bed. Being presentable to the court will help your Florida Family Law Attorney persuade the court to your side. Contact an attorney to discuss any family law issues you may have.

September 12, 2011

Dating During Divorce, is it ok?

by David M. Goldman

Clients often ask me whether it will hurt their divorce case if they date someone before their divorce is final. I tend to tell them, it depends on whether or not children are involved in their divorce.

If children are involved, especially young children, I think it is probably best to hold off on dating. This is especially true if you want to introduce the children to your new significant other. This could cause issues with the children and your soon to be ex-spouse.

However, if no children are involved in the divorce I don’t think dating during the divorce process will necessarily harm the case in a negative way. But I still think it should be done discreetly.

September 6, 2011

Parenting Class and Divorce

by David M. Goldman

The State of Florida requires all parents seeking dissolution of marriage to complete a parenting course before granting a pending divorce. Said parenting course is designed to educate parents on the complex and challenging issues that often arise through the divorce process with parents and children alike.

In Duval County the required course is the Children First in Divorce Program offered through Hope Haven’s Children’s Clinic. Both parents are required to complete the course but do not have to do so together. Also, many Judges require completion of the above mentioned course in paternity actions.

If you are a parent considering divorce in Duval County and have questions regarding what else Florida requires in a dissolution of marriage proceeding contact a Duval County Divorce and Child Custody Attorney today.

September 1, 2011

Planning for Disasters in Your Parenting Plan

by David M. Goldman

While Hurricane Irene brought minimal damage to Florida, Floridians are well aware of the destruction and disruption such disasters can cause. Despite this, many parents fail to take such disasters into account when creating their timeshare schedule.

For example, let’s say you and your spouse split timesharing throughout the year. You have timesharing for a few weeks during the summer, but your spouse has majority timeshairng. Unfortunately, a hurricane arrives and cuts your visit a week short. You were really looking forward to spending as much time as you could with your children, but your spouse is not keen on allowing you to keep the kids past your court-ordered date.

If your agreement doesn’t mention natural disasters, you might have to petition the court to allow you to keep your kids a few extra days. Doing so isn’t free, and this may deter many parents from trying to get relief in court.

August 31, 2011

Can I Move Away Without the Other Parent’s Permission?

by David M. Goldman

Courts have one primary consideration when making decisions involving children, and that is the best interests of the child. There is no law that says that you may absolutely not move your children away from the other parent; however, the other parent can generally petition the court to prevent your move. If the other parent is not involved in the children’s life, he or she will not likely file this petition and you can hopefully move without any worries. Even if the other parent does file, the court will not likely side with a parent who has not made an effort to be part of the children’s life before the move.

However, if the other spouse is involved in the child’s life, or if the court has previously approved a parenting plan, you may have to seek the court’s approval before moving. This is where the court considers the interests of the child. For example, if you have primary custody and move because of a new job, the court may find that the children’s interests are best served by the move. As primary caretaker, your new job will benefit the children.

If you are thinking about moving but aren’t sure whether you need court approval, contact a Florida Family Law Attorney.

August 17, 2011

What is a Parenting Plan?

by David M. Goldman

A Parenting Plan is a document that governs the way divorcing parties relate to one another about the decisions made regarding their children. A Parenting Plan includes a time-sharing schedule that dictates when the parties’ children will be spending time with each parent, including overnights, weekends, holidays and summer breaks. Also included in a Parenting Plan is how often and the method of technologies that the parents will use to communicate with the children.

If a Parenting Plan can be developed and agreed to by the divorcing parents then it only needs the approval of the Court to become binding. However, if the divorcing parents cannot agree, the schedule will be established by the Court’s determination.

If you have questions regarding an upcoming divorce or a current parenting plan contact a knowledgable Jacksonville Divorce Attorney today.

July 25, 2011

Jacksonville Child Custody Lawyer: Modification of Timesharing Agreements

by David M. Goldman

As a Jacksonville Family Law Attorney, I am often asked whether a child timesharing order can be modified after a divorce. In short, yes, parents can change their timesharing agreement. However, if the parents disagree about the modification, the standard under Florida Law is often difficult to satisfy.

After a final decree establishing timesharing is filed with a court, parents may later agree to modify its terms. Although not required, it is advisable to obtain the court’s approval for the modification so that it may later be enforceable it needed. Generally, courts approve modification agreements unless it appears the modification is not in the best interests of the child.

If a parent wants to change an existing timesharing agreement and the other parent will not agree to the change, he or she must petition the court to modify it. Generally, a court will allow a modification if the parent asking for the change can show a “substantial change in circumstances.” Some examples include a geographic move or a change in lifestyle.

July 13, 2011

Child Custody in Florida Divorce Cases

by David M. Goldman

You’ve probably heard the concept of “joint custody” in divorce cases. You might think this means that parents share custody of their children equally, with each parent having custody time similar to equal to the other parent. There’s a problem with this idea, however: “joint custody” does not exist in Florida law.

Instead, Florida law has the concept of “shared parenting” — and even this is not exactly what it sounds like. In every divorce case involving children, a judge must issue two separate but similar-sounding orders: one is a “parental responsibility” order and the other is a “time-sharing schedule”. The time-sharing schedule is exactly that: a schedule of the times each parent will have custody over the child or children. A parental responsibility order, however, outlines the parents’ rights and responsibilities.

The differences can be confusing because, under Florida statutes, the parental responsibility order is included in a “parenting plan”. Under this plan, the judge can grant one of three different options: (1) sole parental responsibility, (2) shared parental responsibility, and (3) shared parental responsibility with ultimate responsibility to one parent.