Florida courts no longer award child custody and visitation to parents. Florida family courts now presume, through somewhat new state laws, that both parents will share parental responsibilities. Instead of awarding sole custody, parenting plans which the parents agree to or are, in some cases, imposed by the court, govern parenting time after a divorce.
The staff at the law offices of Stephen K. Miller, P.A., recognizes that child custody, time sharing and visitation decisions are some of the most important aspects of a Florida divorce proceeding, particularly because Florida requires a parenting plan as part of a divorce. This is why it is imperative that anyone with children, considering divorce, hire a law firm that strives to help their clients determine custody issues and schedules that are in the best interest of the children.
Florida family laws give the courts the responsibility of determining issues that pertain to shared parenting. These laws deal specifically with the legal and physical care of children whose parents are divorcing and are designed to favor the best interests of a child, in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.
Florida favors a child’s frequent contact with both biological parents and they encourage both the rights and responsibilities of shared parenting.
Florida Shared Parenting
Shared parental responsibility is not the same as joint custody. In creating existing family laws, the Florida legislature determined that both parents should be involved in the lives of their children. As a result, parents share the responsibility for the care, custody, and control of a child. Under Florida divorce law, “shared parenting” or “shared parental responsibility” is expected. This means that both parents are to make all decisions on matters relating to the welfare of the child, including decisions about education, health and religion.
Creating a Proper Parenting Plan
According to Florida law, parenting plans must detail the following information:
* How each parent will be responsible for and share daily child-rearing tasks.
* Detailed time-sharing arrangements.
* How each parent will be responsible for health care, school matters and other activities
* Methods in which the parents will communicate with each other and the children.
Florida law refers to child custody and visitation as time sharing. Although there is a common misconception is that the court favors a 50/50 time-sharing arrangement, this is not always the case.
During divorce proceedings, the courts will consider a number of factors in order to determine what will be in the best interest the child. These factors may include:
* the emotional ties that exist between the parents and the child
* the mental and physical health, as well as the morality of the parents
* the likelihood of the primary parent allowing contact between the child and the secondary parent
In limited cases, Florida family court may allow rotating custody, whereby the child spends equal time with both parents.
Understanding Florida Parenting Plans
Only a qualified family law attorney can help you to sort out the legal nuances and the challenging road ahead, as you consider the future of your child following a divorce.
With our vast experience in Florida divorce law, the team at the law offices of Stephen K. Miller can explain how shared parental responsibilities will factor into your custody case and how a parenting plan will affect the lives of you and your children. Our team of legal experts can also help you come up with a time sharing/visitation schedule that can work for everyone involved.
To learn more about our commitment to you and the future of your children, contact one of the family law experts at the law offices of Stephen K. Miller, P.A.
Contact Us today to find out how one of our skilled Florida family law attorneys can help you.