Orlando Timesharing Lawyer
In Florida, divorcing parents must establish a Parenting Plan which details how decisions will be made regarding their children. Within this parenting plan, there also must be a timesharing schedule that specifies the time a minor child will spend with each parent. That schedule may be liberal or detailed, as the situation merits. To make sure you get the best possible representation, seek help from our timesharing lawyers in Orlando.
Under Florida law, there is no such legal term as “visitation” in regard to time divorced parents spend with their children. Rather, parents enjoy “timesharing” with their child. It is a public policy that children have frequent and continuing contact with both parents. Sometimes, unrestricted contact is not safe or appropriate. Let the Orlando timesharing lawyers help. The factors parents and the courts address in a Parenting Plan include:
- The age and specific needs of the child and any unique features
- Transportation and travel time to and from scheduled timesharing
- The logistics involved in arranging the timesharing
- Details concerning the exchange of the child, including the parent responsible for transportation and the place and time when the exchange will occur
- School schedule, including extracurricular activities
- Methods of communication between the parents and between the parents and the child, including phone, email, and text messaging
- Timely notice of cancellation of timesharing or deviation from the timesharing plan
- Itinerary for vacations
- Right of first refusal when a parent is unavailable to care for the child
- Religious holidays and schedules
- Whether to agree that the child will be prohibited from calling anyone other than the mother or father names like “Mom,” “Mommy,” “Dad,” or “Daddy.”
- Any other matters that may be unique to the particular needs of the family.
It’s almost always better for parents to work together to create a timesharing schedule, as parents are more likely to follow an agreement they create rather than one that is imposed upon them. However, if parents cannot agree to a timesharing schedule, a judge will consider these factors—with the goal of determining what is in the child’s best interests—in order to establish a timesharing schedule:
- The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the timesharing schedule, and to be reasonable when changes are required.
- The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
- The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
- The moral fitness of the parents.
- The mental and physical health of the parents.
- The home, school and community record of the child.
- The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
- The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
- The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
- The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
- Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
- Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
- The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
- The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
- The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
- The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
- The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
- Any other factor that is relevant to the determination of a specific parenting plan, including the timesharing schedule.
Contact Our Experienced Orlando Timesharing Lawyers
Let our experienced Orlando timesharing lawyers help you! If you have children, creating a workable and beneficial timesharing schedule will be an important aspect of your divorce. For more information about our services in this area, please contact the Orlando timesharing lawyers of Goodblatt · Leo in Orlando.