There Is a Rebuttable Presumption for Equal Timesharing in Florida

The first crucial thing you need to know about timesharing in Florida is that there is a rebuttable presumption that equal timesharing is the best arrangement after a divorce or separation. In other words, a court reviewing a timesharing case must presume that it is in the child’s best interest for the parents to have 50/50 timesharing. However, this does not mean that parents are guaranteed equal timesharing. This presumption simply ensures that parents enter legal proceedings on equal footing. Since the presumption that equal timesharing is in the best interest of the child at issue is a rebuttable one, Florida courts can deviate from this presumption if a party is able to prove that equal timesharing is not in the child’s best interests.

Overcoming the Presumption

To have the court rule in favor of unequal timesharing, a parent must demonstrate by a preponderance of the evidence that a 50/50 timesharing arrangement is not in the best interest of their child. In other words, a parent must show that it is more likely than not that equal timesharing is not in the best interest of their child. For example, a parent who is able to prove that the other parent has a history of substance abuse or domestic violence may convince the court that equal timesharing is not in their child’s best interest.

The Focus Is Still on the Best Interests of the Child

While CS/HB 1301 made significant changes to Florida timesharing laws, one thing that remained the same is the requirement for Florida courts to make timesharing decisions based on what is in the best interest of the child at issue. Florida courts continue making timesharing decisions with a focus on promoting children’s safety, well-being, and emotional health.

Parental Relocation

In regards to parental relocation, it is crucial to note that Florida law now specifies that if a parent moves closer to their child, that may qualify as a substantial change in circumstances that warrants the modification of a timesharing schedule and parenting plan.

Removal of the Unanticipated Changes Requirement

Finally, you should know that CS/HB 1301 removed the need for a parent to prove that the substantial and material change in circumstances is also unanticipated when seeking a parenting plan modification. In other words, when pursuing a parenting plan modification, you only need to show that a change is substantial and material. You do not need to show that you didn’t anticipate the change.

Contact an Orlando Child Custody Lawyer

If you need help with a child custody or timesharing case, contact a skilled Orlando child custody lawyer at The Arwani Law Firm.

Sign #1: Your Child’s Other Parent Has a Lawyer

One of the most obvious signs that hiring an attorney for your child custody case is a necessity is if your child’s other parent has an attorney. If your child’s other parent has an attorney, they have someone to protect their interests. It is only right that you also hire someone to protect your interests. Also, you don’t want to go up against your child’s other parent’s lawyer on your own. Attorneys undergo extensive education and training and have experience navigating the complexities of the legal system.

Sign #2: There Are Complications With Your Case

If there are complications with your case or a change that could significantly impact your case, it is a sign that you should hire an attorney. For example, suppose your child’s other parent has acted violently and violated a restraining order. In such a case, it is best to hire an attorney. Another common complication that can arise is if you and the other parent agree about something and then they change their mind. Problems might arise if the two of you cannot reach an agreement.

Sign #3: You’re Concerned for Your Child’s Safety

If you are worried that your child is in danger when with the other parent, it is crucial that you contact an attorney. If you are concerned that your child is being abused or the other parent is unable to provide your child with a safe environment, you should not hesitate to reach out to an attorney. A skilled attorney can ensure the safety of your child. In the event that your child is in immediate danger, you should not hesitate to contact 911.

Sign #4: You and the Other Parent Live in Two Different States

Things can get complicated if you and your child’s other parent reside in different states. In such a case, it is best to hire an attorney.

Sign #5: The Other Parent Is Playing Dirty

Finally, if the other parent is playing dirty, you should not hesitate to contact an attorney. Some of the tactics that parents use inappropriately include making false allegations, parental alienation, financial manipulation, disparaging the other parent, and manipulating evidence.

Contact Us for Legal Help

If you need help with your timesharing case, contact a skilled Orlando child custody lawyer at the Arwani Law Firm.

Being an Unfit Parent

According to Florida law, a parent may be found unfit if they have abused, neglected, or abandoned their child. In Florida, a parent with a history of mental illness or drug abuse may also be deemed unfit. While parents addicted to drugs or with a psychological illness aren’t necessarily bad at parenting, courts will never risk allowing someone prone to possibly dangerous or erratic behaviors to care for a child.

It is crucial to note that, in the state of Florida, abuse does not only apply to causing physical harm. Causing mental harm is also considered abuse in Florida.

Residing in an Unsafe Neighborhood or Home

It is a requirement in Florida for parents to ensure that their children live in a safe home or neighborhood. Therefore, if a parent resides with their child in, for example, a building that has been cited for health and safety hazards or an area that is prone to criminal activity, the court may decide that the child is better off with the other parent.

However, the good news is that if you lose custody because of residing in an unsafe home or neighborhood, you can regain custody of your child if you relocate to a safe place.

Keeping a Dirty Home

Apart from being concerned about the safety of the home or neighborhood a child lives in, Florida courts are also concerned about how clean or dirty a child’s home is. Raising a child in an unsanitary home could result in a parent losing their custody rights. However, in a situation where a dirty home leads to the revocation of custody, usually, the revocation only lasts for a short time. After a parent cleans up the home, they can regain custody.

Falsely Accusing the Other Parent of Abuse

Among the many reasons why parents lose custody is abuse. For this reason, a parent who falsely accuses the other parent of abuse is also at risk of losing custody. False accusations of abuse can be harmful to both the parent being falsely accused and the child, and that is why Florida courts do not allow parents who make such accusations to go unpunished.

Speaking Ill of the Other Parent

Speaking ill of the other parent can lead to “parental alienation,” which is when a child identifies strongly with one parent and hates and rejects the other parent without any justifiable reason. Florida courts are highly against this act of manipulating a child’s feelings, and a parent who tries to alienate a child from their other parent risks losing custody.

Contact an Orlando Child Custody Attorney

If you believe you should be granted custody of your child or risk losing custody, contact an Orlando child custody lawyer at the Arwani Law Firm at 407-254-0060.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

In most cases, Florida law presumes that it is in the best interests of the child when their parents have shared custody. This custody arrangement allows the child to have frequent and continuing contact with both parents.

Florida courts require divorcing parents to create a parenting plan, which outlines how the parties will share their parental responsibilities and custody rights when raising their kids. Parenting plans also include a timesharing schedule.

If you are in the process of creating a parenting plan with the other parent of your child, consider speaking with an attorney to get help. At Arwani Law Firm, our Orlando child custody attorney can help create an efficient parenting plan that includes all the necessary elements and provisions.

What is a Parenting Plan in Florida Custody Cases?

Upon divorce in Florida, parents can work out a parenting plan through negotiations. A parenting plan. In a nutshell, a parenting plan is a legal document that governs the custody arrangement between the parents.

Florida law requires a parenting plan in all divorce cases involving timesharing with minor children. If divorcing parents are able to negotiate a parenting plan, they still need to seek a judge’s approval. When reviewing a parenting plan, the judge will determine whether or not the document contains all necessary elements.

If the plan does not contain the necessary provisions and elements, it will not be approved by the court.

What Are the Elements of a Parenting Plan in Florida?

There are specific elements a parenting plan must contain to be approved by a judge in Florida. Under Fla. Stat. § 61.13, parenting plans must include the following elements:

• A written outline detailing how the parents will share their parental duties;
• A specific timesharing arrangement detailing how much time each parent will spend with the kids and when;
• Information about how the parents will make decisions about the child’s life, including healthcare, education, and others; and
• Provisions regarding the mode and frequency of communication between the parents and the child (e.g., emails, phone calls, online communications, etc.).

In order to get a parenting plan approved by a Florida court, the parents must make sure that their plan contains all of the required elements. When negotiating a parenting plan, parents should also keep in mind that their arrangements must be in the child’s best interests.

Contact an Orlando Child Custody Attorney

If you are considering a divorce or are in the process of creating a parenting plan with your former spouse, consider speaking with an attorney to get assistance with negotiating a comprehensive plan.

Get a case review from our child custody attorney Rania Arwani, the founding attorney at Arwani Law Firm, by calling 407-254-0060.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

• Legal custody (parental responsibility)
• Physical custody (parental time)

Parental responsibilities are a fundamental part of child custody orders in Florida. It is vital to consult with an experienced Orlando child custody attorney to help you determine parental responsibilities.

What Are Parental Responsibilities in Child Custody Cases?

Child custody can be awarded either to one parent or shared by both parents. Physical custody, also known as parenting time, refers to who the minor children live with following a divorce and how time spent with the children will be divided between the parents. Legal custody, also known as parental responsibility, refers to parents’ ability to make major decisions for the kids.

Typically, parental responsibilities are specified in a custody agreement and parenting plan. Essentially, sharing parental responsibilities after a divorce means working together to make major decisions regarding the child.

Divorced parents may have joint legal custody rights even when they do not share physical custody.

What Parental Responsibilities Do Divorced Parents Have?

Divorcing parents with minor children must prepare a parenting plan and submit it to the court to obtain the judge’s approval. Both parents are required to sign the plan for it to be considered legally binding.

If the divorcing couple cannot reach an agreement regarding their parenting plan, including how their parental responsibilities will be split, a court will develop the plan for the parents. Typically, parenting plans contain all of the following:

1. How the parents will share day-to-day responsibilities when caring for the children;
2. The established time-sharing schedule that determines when each parent will spend time with the kids;
3. Which parent will be responsible for the child’s healthcare and education; and
4. The manner in which parents will communicate with the kids.

How Do Florida Courts Determine Parental Responsibilities?

Under Fla. Stat. § 61.13, divorced parents should both have parental responsibilities unless the court determines that it would be in the child’s best interests if only one parent had parental responsibilities. In many cases, parents will negotiate a parenting plan without court involvement. The agreed-upon parenting plan will be submitted to the court for approval.

If the judge determines that the parenting plan is in the best interests of the child, the plan will be approved. If the parents are not able to agree upon a plan, the court will develop the plan for the parents.

The parental responsibilities contained in the parenting plan will be based on what is best for the child. In addition to considering the child’s best interests, the court will consider other factors, such as the child’s expressed preference to live with one parent. The judge may also choose to award sole parental responsibility to one parent regardless of the agreements between the parents.

Determining child custody and parental responsibilities is a tricky matter, which is why it is advisable to consult with a skilled attorney. Speak with our Orlando child custody attorney at Arwani Law Firm to talk about your case. Call 407-254-0060.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

The lack of control during your ex-spouse’s visitation time can be frustrating, which is why many divorced parents wonder if they can ask the other parent to remove weapons from their home. If you are concerned about weapons in the other parent’s home and your child’s possible exposure to the guns during visitation, consult with an attorney to explore your options.

Contact an Orlando child custody lawyer to find out how you can ensure your child’s safety when they spend time with your former spouse who has guns in their house.

Gun Ownership in Florida and Children’s Safety

Thousands of children are killed by guns in the United States every year, and thousands of others are hospitalized with gun injuries. An estimated over 35% of Florida residents have guns in their homes.

As you can imagine, many Floridians who have guns also have children, which is why it is not uncommon for parents to be worried about their children’s safety when a former spouse has weapons in their house.

Can You Ask Your Ex-Spouse to Remove Guns from Their Home?

If your former spouse has firearms in their home, you may be concerned about your child’s safety during the other parent’s visitation time. For this reason, it is a good idea to contact a knowledgeable lawyer when drafting a parenting plan to address the issue of guns.

In some cases, parents can discuss the possibility of removing weapons from their homes to ensure their children’s safety without court involvement. However, if your ex-spouse rejects your request to remove guns from their home, you may want to consider including specific provisions in your parenting plan.

Your lawyer can help you draft a parenting plan that includes provisions requiring the gun-owning parent to follow specific state laws for safe firearm storage to prevent your children from accessing the weapons.

For example, Fla. Stat. § 790.174 requires people who own guns to store firearms in a locked box container in a safe location or secured with a trigger lock if the gun owner reasonably knows that a person under the age of 16 could gain access to the firearm.

Failure to comply with the above-mentioned statute can lead to criminal prosecution and serious penalties.

Can a Florida Court Require a Parent to Remove Firearms from Their Home?

Yes, certain persons are prohibited by Florida law from possessing weapons. It is illegal in Florida for convicted felons to possess guns unless they have had their civil rights restored.

A Florida court may also require a parent to remove firearms from their home if the child has a mental illness or had a history of suicidal thoughts or problems with substance abuse. If you are worried that your child could gain access to firearms in the other parent’s home, consult with an attorney to discuss your options.

Our Orlando child custody lawyer Rania Arwani is prepared to help you draft or modify an existing parenting plan to ensure your child’s safety during visitation. Call 407-254-0060 to get a case review.

Resources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.174.html

thenationshealth.org/content/49/4/6.3

cbsnews.com/pictures/gun-ownership-rates-by-state/3/

The short answer is, “Yes, it can.” Under Florida law, spouses who share children together must take a parenting class before their divorce is finalized.

The goal of requiring parents to attend parenting classes is to prevent parental conflicts and provide guidance to parents sharing custody after a divorce is final.

Before signing up for a parenting class, make sure that the class is approved by the Florida Department of Children and Families (DCF) in your jurisdiction. If you live and file for divorce in Orlando, make sure that you sign up for a government-approved parenting class available in your jurisdiction.

Contact our experienced attorney at Arwani Law Firm to help you sign up for a DCF-approved parenting class and protect your rights during your custody proceedings.

Why Do Florida Courts Require Parenting Classes?

Unfortunately, it is not uncommon for children to suffer long-term negative effects following their parents’ divorce, particularly due to post-divorce conflicts between their parents. In an attempt to minimize children’s suffering, Florida courts require parenting classes to help people be good parents to their children after a divorce.

Parenting classes are designed to provide support and guidance for divorced parents to protect the best interests of the children.

Note: Florida law does not require you to attend parenting classes with your soon-to-be-former-spouse. You have a right to attend classes separately.

Who Oversees the Parenting Classes in Florida?

Mandatory parenting classes are governed by the Florida Department of Children and Families. The DCF has a list of approved providers of parenting classes in each jurisdiction. Make sure that you sign up for one of the DCF-approved classes to ensure that your certificate of completion is valid for your divorce.

How Long Do Court-Ordered Parenting Classes Last?

Given that you have many things to take care of in your life, especially when you are a parent going through a divorce, it is perfectly normal to wonder, “How long do parenting classes last?”

Generally, court-ordered parenting classes last around four hours. Parents filing for divorce have 45 days from the date of filing the petition to complete the course.

Can a Florida Court Excuse the Parenting Class Requirement?

Yes, a court may excuse the parenting class requirement if there is a good cause. If you have a good cause for not taking the course, contact an attorney to convince the judge to excuse the requirement in your case.

If you fail or refuse to take the parenting class without good cause, the court will impose penalties for failing to comply with the court-ordered requirements.

A judge may hold you in contempt of court for failing to attend the court-mandated parenting courses during a divorce, not to mention that the judge may restrict your access to the child, refuse to award joint custody rights, and impose other sanctions if appropriate.

Do not hesitate to contact an Orlando child custody attorney at Arwani Law Firm to fight for your custody rights during a divorce case. Call 407-254-0060 for a case review.

The parenting plan is used to specify how the parents will spend time with the kids after the divorce is finalized. Once the parents have agreed on the terms of a parenting plan, they must get the court’s approval. The parents have a legal obligation to comply with the parenting plan once the judge approves it.

But can a Florida court reject your parenting plan? The short answer is, “Yes, it can.” That is why it is highly recommended to seek the legal counsel of an Orlando child custody lawyer to help you draft a valid parenting plan.

What Should a Parenting Plan Include to Be Approved?

A Florida court is more likely to reject a parenting plan when it is incomplete, unfair, or vague. That is why you need to make sure that your parenting plan includes all the required elements and information to be approved:

1. How the parents will share parental rights and responsibilities;
2. How the parents will make decisions regarding the child’s healthcare, education, religion, and other major decisions;
3. Who will pay for the child’s education and healthcare;
4. How the parents will divide time-sharing following the divorce;
5. Where and how child exchanges (drop-off and pick-up) will take place;
6. Who will arrange and pay for transportation for child exchanges;
7. How the parents will communicate when sharing custody;
8. How the non-custodial parent will communicate with the child when they have time-sharing;
9. What happens if either parent cannot comply with the parenting plan; and
10. How the parents wish to resolve disagreements and disputes regarding the parenting plan and time-sharing.

It is not a complete list of the provisions a parenting plan may contain. It is advisable to consult with an attorney to determine what to include in your parenting plan in your specific situation.

Why a Court May Reject a Parenting Plan

Florida courts look at a wide range of factors when deciding whether to reject or approve a proposed parenting plan. Once the parents submit their parenting plan to the court, the judge will evaluate the proposed plan to make a decision based on the child’s best interests.

The factors considered by Florida courts when evaluating a parenting plan include but are not limited to:

• The living condition of each parent;
• The child’s living arrangement at the time of reviewing the plan;
• Each parent’s ability and willingness to care for the child; and
• Any prior instances of drug or alcohol abuse, child neglect, child abuse, or domestic violence.

Before submitting your parenting plan to the court, it is essential to consult with an experienced attorney to ensure that the proposed plan is valid. Your attorney can help you take the necessary steps to ensure that your parenting plan is approved by the court.

If your circumstances change after getting the court’s approval, you and the other parent could modify the parenting plan. Speak with an attorney to determine if your situation warrants the modification.

Schedule a Consultation with an Orlando Child Custody Lawyer

If you need assistance with creating a valid parenting plan, contact a child custody attorney at Arwani Law Firm. Call 407-254-0060 to get a consultation and discuss your case.

But what if one parent does not have sufficient finances to support their child? Can they legally avoid paying child support in Florida? The short answer is, “Yes, but it depends on the circumstances.”

If you want to avoid paying child support without penalties or any negative consequences, schedule a consultation with our Orlando family lawyer at Arwani Law Firm to discuss your options.

4 ways to avoid paying child support in Florida

If you were ordered to pay child support following your divorce or separation, you are legally required to comply with that order. Still, there are four ways to legally avoid paying child support:

1. Modifying the existing child support order. If you were ordered to financially support your child, you might have a right to request a modification. However, under Florida law, your case must meet specific requirements to modify a child support order. Under Section 61.30, Florida Statutes, you must demonstrate proof that that has been a substantial change in circumstances in order to alter the support amount or stop paying child support altogether. Two examples of “a substantial change in circumstances” are an involuntary loss of a job and suffering a disabling injury.
2. Giving up your parental rights. Although this option may not be ideal for most parents, it’s one of the ways to legally avoid paying child support in Florida. If you wish to voluntarily terminate your parental rights, you will have to follow Florida’s guidelines for surrendering your parental rights. However, you need to understand that once you have given up your parental rights, you not be able to request visitation rights or have any decision-making authority in your child’s life.
3. Waiting until your child turns 18. Finally, the fourth way to stop making child support payments is to wait until your child reaches the age of majority. Once your child turns 18, the support agreement will be automatically void unless any special circumstances apply (e.g., your child is disabled or has special needs).

As you can see, while stopping support payments or avoiding to pay child support is rather tricky, it is not entirely impossible. If you would like to explore other options to legally avoid paying child support, contact our attorney. Schedule a free initial consultation with our Orlando child support lawyer at Arwani Law Firm by calling 407-254-0060.

While Florida law prefers that both parents remain active in their child’s life following a divorce, one parent can be awarded more custody rights or even get full custody of the child under certain circumstances.

If you are considering asking the court to award you full custody of your child or are worried that the court may grant sole custody to your ex-spouse, do not hesitate to speak with an Orlando child custody attorney.

How do Florida courts determine child custody?

Section 61.13, Florida Statutes, provides that children must have “frequent and continuing contact with both parents.” Thus, Florida courts favor parenting and time-sharing plans that split parental responsibilities and visitation rights equally.

When the parents cannot agree on a parenting or time-sharing plan through out-of-court negotiations, they are required to go to court and let a judge decide for them. The judge will order a plan that is in the child’s best interest.

If one parent alleges that they should be given full custody of the child, that parent will have to prove why that custody arrangement would be in the child’s best interest.

When can a parent be awarded full custody of the child?

While Florida courts prefer joint parenting agreements, there are circumstances in which the mother or father might be awarded sole custody. One parent might get full custody of the child in the following situations:

• The other parent has a substance abuse problem or addiction, which impairs their ability to care for the child’s needs;
• The parent has a history of domestic violence, child abuse, or neglect;
• The parent is cohabitating with a person who could pose a threat to the child;
• The parent has a mental illness or psychological issues that impact their ability to care for the child; and
• The parent cannot provide a safe home environment.

Depending on the reasons for requesting full custody, the court may award one parent sole physical and legal custody. If the other parent presents the risk of harm to the child, they could be ordered supervised visitation.

While Florida courts favor parenting plans and visitation schedules in which both parents share custody, one parent may be granted full custody under certain circumstances. However, the parent requesting sole custody must present evidence to convince the court that the custody arrangement will be in the child’s best interest.

It is essential to speak with a skilled child custody lawyer in Orlando to prepare your legal case and help you get full custody of your child. While getting sole custody is difficult, it’s not impossible when you have a knowledgeable lawyer on your side.

Schedule a free consultation with our Orlando child custody lawyer at Arwani Law Firm to review your particular situation and determine how you can get full custody of your child. Call at 407-254-0060 to receive a consultation.