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.

Equal Timesharing

The first major change that HB 1301 brought about is that there is now a presumption in Florida that equal timesharing is in the best interests of a minor child. Before HB 1301 was signed into law, Florida did not have a presumption in favor of any specific timesharing schedule. Indeed, Florida courts have always believed that each parent has the right to be awarded custody of their child. However, when determining the best timesharing schedule, Florida courts considered the child’s best interests and assessed several factors affecting the child and the family. Now, Florida courts must operate under the presumption that awarding equal timesharing is what is in a minor child’s best interests when creating or modifying a parenting plan.

However, as a parent, you can rebut that presumption, but you should know that the law provides a standard of evidence to rebut the presumption. To rebut the presumption, you must prove by a preponderance of the evidence that a 50/50 timesharing schedule is not in your child’s best interests. This entails showing that there is more than a 50% chance that equal timesharing is not in your child’s best interests.

According to HB 1301, unless you and your child’s other parent have agreed to a court-approved timesharing schedule, the court is required to assess all factors under the statute and provide the findings when creating or modifying a timesharing schedule.

Changes to Rules Governing Modification of Parenting Plans

Regarding the rules governing the modification of parenting plans, HB 1301 brought about some notable changes. One notable change is that a party seeking to modify a parenting plan or timesharing schedule no longer has to prove that the change in circumstances was unanticipated. They only need to prove that the change is substantial and material.

Another change that the signing of HB 1301 brought about to the rules governing the modification of parenting plans is that if parents live over 50 miles apart when the last timesharing order is entered, and then one parent moves within 50 miles of the other parent, that may be considered a substantial and material change in circumstances that warrants a modification of the timesharing schedule.

Contact Us for More Information

If you need more information on the new timesharing laws, contact our Orlando family lawyers at The Arwani Law Firm.

Source:

law.cornell.edu/wex/preponderance_of_the_evidence

Another circumstance that would warrant Florida courts having jurisdiction would be if the child and one parent has a “significant connection” with Florida other than mere physical presence, where there is “substantial evidence” in Florida as to their care, personal relationships, protection, training, etc. there. This is more likely to be the subject of litigation when one parent disagrees that Florida courts have jurisdiction over an initial custody proceeding and/or continuing, exclusive jurisdiction over a child.

The Uniform Child Custody Jurisdiction and Enforcement Act & Initial Custody Orders

Pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, once that Florida has made an initial custody order, Florida courts have jurisdiction to modify custody orders, ensuring that Florida has the first opportunity to modify an order before other states enter conflicting orders if the child or one of the child’s parents still lives in Florida or as long as Florida is still a convenient forum.

Still, this does not mean that Florida will have jurisdiction forever–it is entirely possible that one party may move to demonstrate the Florida court no longer has jurisdiction to modify previously entered orders.

Challenging Jurisdiction

Where the issue can become more complicated is when one parent asserts that a Florida court lacked jurisdiction over a custody proceeding because Florida is not the child’s home state if the couple has already separated and shares the child equally, making the residential argument more difficult; or when one parent argues that the child does not have a significant connection with Florida. It is possible for the parent who lives out of state to challenge that Florida does not – and never had – jurisdiction over the child, depending upon the particular circumstances of the situation.

Work with a Skilled Attorney Today

There is no question that the finality of child custody determinations is incredibly important, and they should be made in the state that can best decide in the interest of the child.  Arwani Law Firm works with parents to help find the very best solution for these issues. Our Orlando timesharing attorneys are prepared to provide you with the assistance that you need. Contact us today for a free phone consultation to find out more.

https://www.arwanilawfirm.com/how-does-florida-approach-joint-custody-or-timesharing/

Still, that does not mean that joint custody makes sense in every circumstance, especially if there is a history of domestic violence or other legal issues in one household, or if the child has special needs or otherwise has a difficult time adjusting to going back-and-forth between the two households for personal reasons.

The State Scores a C+

In addition, according to a new report, a number of states don’t exactly make it easy for children to spend time with both parents; and Florida is included: the state scored a C+ because, although it has a statutory presumption of shared parental responsibility ( unless this would be detrimental to the child), and the court places the disposition of each parent to encourage a close and continuing parent-child relationship with the other parent as a very important factor in deciding on child custody, the state’s presumption of shared parental responsibility does not create a preference or presumption when it comes to physical custody, nor do the statutes explicitly provide for shared parenting during temporary orders.

Speak With One Of Our Orlando Timesharing Lawyers Today To Find Out More

What is in a child’s best interest is very specific to each child and family and their environment and circumstances, as there is no one-size-fits-all when it comes to these issues. When it comes to shared parental responsibility, a court can consider the desires of the parents and divide responsibility very specifically based on what is in the best interests of the child. This means that you must make your case in court, and you should work with an experienced timesharing attorney in order to achieve a schedule that is best for you and your child.

Contact our Orlando timesharing lawyers at Arwani Law Firm, PLLC today to find out how we can help and provide the aggressive but compassionate representation that you need.

Resources:

public.tableau.com/profile/nationalparentsorg#!/vizhome/2019SharedParentingReportCardMap/SPMAP

usnews.com/news/best-states/articles/2019-09-18/report-states-lack-laws-to-support-equal-shared-parenting

https://www.arwanilawfirm.com/how-is-divorcing-with-a-special-needs-child-different/

Short and Long-Term Planning

Reportedly, the rate of divorce amongst couples with special needs children is around 85 percent, indicating just how important this issue is. While no divorce proceeding is identical to another, the difference with couples who share a special needs child involves not only short-term planning while the child is a minor, but also often planning and providing for the long-term realities of the child’s disability, well into adulthood. This is especially important when the child has a complex or severe disability.

Unique Needs

There are other considerations as well: If the child is autistic or has a sensory processing issue, they may find it difficult to transition between homes. In addition, one parent’s home or personality might be better suited to meet the child’s needs. This also applies to financial needs, which might be higher given any additional expenses for therapies, private tutoring, medical expenses, and others.

Pre-Need Directives, Including Guardianships

In most states—including Florida—what matters is what is in the best interests of the child, but what about a child who needs a lifetime of assistance? Couples may need to plan for a guardianship, General Durable Power of Attorney, and/or a Health Care Proxy. While the parents can indicate their preferences for these decisions and documents, after the age of 18, the child also has a certain amount of say over whether to set these up, who is named, and if/when they are revoked.

Florida’s Chapter 744 within the statutes is considered to be Florida’s “guardianship statute.” A guardianship or co-guardianship is often established if the child does not have the capacity to make its own decisions. In Florida, adult guardianship is usually  warranted when no less restrictive alternative (such as durable power of attorney, trust, health care surrogate, or another pre-need directive) is found by the court to be appropriate. While some parents like to pick one specific parent to act as the legal guardian, in other circumstances, they may not, but still want to be assured that they will continue to have an active role in their child’s life.

Florida Divorce Attorney

If you are contemplating or in the process of obtaining a divorce and are concerned about your child’s future, speak with one of our experienced Florida divorce attorneys at the Arwani Law Firm, PLLC today to find out how we can help you plan so that you and your family are taken care of and protected.

Resources:

law.com/njlawjournal/2018/07/19/planning-for-special-needs-children-in-a-divorce/

flcourts.org/resources-and-services/family-courts/guardianship.stml

Ultimately, while many states (including Florida) have laws that allow the victim to terminate parental rights if the child was conceived by rape, no state or federal law restricts a rape victim from seeking child support from a rapist. Below, we discuss this in greater detail:

“Paternity Cooperation Requirements”

Conditions with respect to the burden of proof placed on rape victims in child support cases are known as “paternity cooperation requirements,” and depend upon state law. While most states allow sworn statements of third parties with knowledge of the circumstances leading to good cause to substantiate a claim, several put forth a more restrictive standard, requiring too much documentation from the rape victim to substantiate what happened.

Still, if there wasn’t a conviction in a rape victim’s case (even after she both reported it and it was prosecuted), she could still be vulnerable to having to face her attacker. Fortunately, Florida is not one of the states that requires a conviction to block parental rights; in fact, Florida courts may terminate parental rights if there’s “clear and convincing evidence” that the parent conceived the child through rape.

However, some states may not apply the needed parental rights laws if the person convicted of sexual assault is the spouse of the victim at the time of the assault and/or if they were cohabiting at the time. Florida law does not get into this level of detail, but simply states that evidence of sexual violence will be taken into account in determining the best interest of the child.

How Do We Get Rape Victims The Support They Need?

There are a number of concerns associated with rape victims having to repeatedly face and/or maintain a relationship with their attacker in an effort to obtain child support, which raises a number of additional issues, such as whether this could subject the mother and child to subsequent attacks or violence. Some have commented that, as a result, instead of the system placing the onus on rape victims in seeking child support in family court, convicted rapists should be forced to pay restitution in criminal court, which then is put towards child support.

Florida Timesharing & Child Support Attorneys

If you have any timesharing and/or child support concerns, contact our experienced, compassionate family law attorneys at the Arwani Law Firm to find out how we can help and ensure that you are supported in your and your child’s best interests. We serve clients in Orlando, Florida, and surrounding areas.

Resources:

snopes.com/fact-check/rapists-and-child-support/

cnn.com/2016/11/17/health/parental-rights-rapists-explainer/index.html

As discussed in a recent Washington Post article, legislators in more than 20 states—including Florida—have considered legislation over this past year to not only encourage shared parenting, but in some instances, make it a legal presumption, even when parents do not agree on it.

Timesharing in Florida

While Florida has long referred to “child custody” as time sharing to reflect a public policy that children should have frequent and continuous contact with both parents, the Florida legislature also overwhelmingly approved a bill last year that would presume time for child custody plans. However, it was eventually vetoed by the governor.

Call to Arms from Some Fathers’ Rights Advocates

Interestingly, a lot of this legislation around the country in states like Florida, Kentucky, and Michigan stems from fathers’ rights advocates, who have long argued that they not only feel overburdened by child support in some circumstances, but also alienated from their children at the same time. Some—after court proceedings—have remarked that one parent gets to leave a divorce as a “parent,” while the other is simply a “visitor.”

Concerns That Legislation Could End Up Hurting the Child

It is important to note that, absent any legislation passed making a 50/50 split mandatory, courts always have and still will value the best interests of the child above all other concerns. In that endeavor, some have expressed concerns that legislation making 50/50 splits mandatory could end up enabling abusive parents to spend more time with their children and/or take discretion away from a judge when it is desperately needed in order to reflect what’s best for the child.

There is also some concern that the legislation is redundant, as more and more divorcing parents are choosing shared custody anyway and that, in addition, this type of legislation could negatively affect child support payments, which have traditionally been helpful to the parent who may be paid less in the workforce (and thus needs the support in order to help take care of the child) precisely because they’ve been doing most of the unpaid labor at home.

Florida Timesharing & Parenting Plan Lawyers

Visit our website to learn more about what a parenting plan must contain in order to be approved by a court. If you live in Florida and need assistance drafting a time sharing arrangement that best meets your and your child’s needs, speak with one of our Florida timesharing attorneys at Arwani Law Firm today. With an office based in Orlando, we are able to serve clients from all over the state, and work with both mothers and fathers to find the best workable solution for our clients and their families.

Resource:

washingtonpost.com/local/social-issues/more-than-20-states-in-2017-considered-laws-to-promote-shared-custody-of-children-after-divorce/2017/12/11/d924b938-c4b7-11e7-84bc-5e285c7f4512_story.html?utm_term=.a40b92cd5c62

In divorce proceeding in Florida, the law does not pre-judge child related issued such as, shared or sole custody of a child.  In Florida, courts decide whether the parents should have shared parental responsibility, or sole parental responsibility based on the best interest of the child. Shared parental responsibility means both parents share the responsibility for the upkeep and major decisions in the life of a child. Sole parental responsibility means one of the parents has the sole right to the decision making and the upbringing of a child.

Parental responsibility is the parent’s legal right to have a relationship with their child as they make decisions related to the child upbringing, health, education, religion, etc. In retrospect, parental responsibility means the ability to make important decisions in the life of a child. Some of the major decision making include the decision related to the child’s schooling, medical issues, and the religious practices a child participate in.

IS HE BUILDING A WALL BETWEEN THE KIDS AND I?

                During or after a custody battle, parents may find themselves wondering if the other parent is trying to build a wall between them and their children.  As stated above, child related issues in Florida are based on the best interest of the child.  Sometimes courts in Florida award one parent more time or rights to the child if that parent can show the court that the other parent has been trying to alienate him/her from the child’s life, and that it is in the best interest of the child to have less time with the other parent. When it comes to the decision making, some parents are faced with difficulty in communicate with one another, however, difficulty alone does not by itself give rise to the right of sole parenting. Some facts that may suffice for sole parenting include, a parent’s failure take a child to a physician when needed, or a parent’s failure to keep the child in school.  It is important for a family law attorney to know all the relevant facts and details of your case to see if it is proper to request sole parental responsibility on your behalf.

Often times, during or after a divorce has been finalized, either or both parents use the children as a weapon to fight each other. One of the leading causes of alienation is the inability of one parents to keep their negative feelings towards their former partners to themselves. It is important for parents to put all those feelings behind them, and instead channel that energy to co-parent in a healthy environment for the sake of their children. Some of the ways to ensure that parents are engaging in co-parenting include:

• Hide your negative feelings about your former partner.
• Be accommodating to the other parent when schedule issues occur.
• Show excitement when your child is going to spend time with the other parent, of course after showing your child that you will miss them terribly.
• Include the other parent in the decision making related to your child.
• Shield your child from all the legal issues and what is going on in court.
• Understand that some bad relationships don’t equal bad parenting
• Find the best and most appropriate way to communicate with the other parent.

It is important for parents to help their children deal with the aftermath of their divorce by ensuring that they set up a proper time-sharing schedule and necessary parenting rules and routines. One of the most important, if not the most important, factor that courts look at when time-sharing is at issue, is the ability of each parent to co-parent, encourage a parent-child relationship, and ensure the child’s relationship with the other parent is continuous and close. For legal advice about your own timesharing rights, contact our team at  Arwani Law Firm in Orlando.

Resources:

sessumspa.com/2015/01/21/florida-family-law-attorneys-explain-parental-responsibility-and-timesharing-child-custody-and-child-support/

childlawadvice.org.uk/information-pages/parental-responsibility/

parents.com/parenting/divorce/coping/making-shared-custody-work/

In the state of Florida, the law supports shared parental responsibility, when possible, as the best option to protect a minor child’s wellbeing. Shared parental responsibility, as outlined by Florida state law, when both parents retain their full parental rights and responsibilities. This also means that both parents must be consulted and in agreement on all significant decisions that may affect their child’s (or children’s) welfare. Sometimes the court awards one parent the sole responsibility on specific issues, it all depends on what the court decides is in the best interest of the child.

What is a Parenting Plan?

Within the folds of shared parental responsibility is the understanding that divorcing parents are willing to co-parent and share aspects of their child’s life.  In Florida, most divorce cases that involve minor children include a Parenting Plans and timesharing schedules.

A Parenting Plan will outline various child-related issues, for example:

• How the parents will carry out the day-to-day responsibilities of the child or children involved.
• A detailed time-sharing schedule specifies precisely the time the child (or children) will spend with each of their parents.
• State if the decisions regarding the child’s school, education, and healthcare, will be shared or not. Includes whose home address will be used for the school designation.
• A breakdown of the technologies and methods via which the parents will communicate with the child (or children).

According to Florida state law, a time-sharing schedule is a timetable within the Parenting Plan that usually details when and how long a child spends time with each parent. This schedule must include all overnights that a child spends with each parent. It is preferred that both parents sit down and develop a detailed and specific time-sharing schedule and submit it for approval to the court. 

What if We Cannot Agree on a Parenting Plan?

In the case that the parents cannot reach an agreement on the parenting plan or the time-sharing schedule, the court will then step in and make a decision on behalf of the parents. Once the court has approved a parenting plan, it will be signed by the judge and will become a court order that both parents are bound by. If parents have a holiday-specific time-sharing schedule, it’s an excellent idea to including all the major holidays and special events such as the child’s birthday, the parent’s birthdays and other significant events in the child’s life.

In the case of the fast-approaching Winter Break, here are three options:

• One parent will have the child from school dismissal until the first half of winter break, and the other parent will have the child from the second half of winter break.

In this arrangement, the parents alternate on a yearly basis.

• One parent will have the child for the entire winter break, on all even year, while the other parent will have the child on all odd years.
• The parents can split the holiday down to Christmas Eve and Christmas Day, or both can opt to spend half of Christmas day with their child (or children).

Family courts judges in Florida encourage parents to settle on all issues, especially issues regarding the upbringing of their children. After a settlement agreement is reached and becomes an order of the court, it becomes binding. A parent seeking to make changes to an already established parenting plan should try reaching an agreement with the other parent, and once achieved, putting those changes in writing and getting them approved by the court. When the parents cannot reach agreement on modifying what they already agreed to in the past, they can seek court intervention, however, to change a final judgment has its issues and legal burdens that will be discussed later on.

If you have questions about your parenting plan or your time-sharing schedule, you can contact our family law attorneys at Arwani Law Firm ,. We have handled complicated high conflict divorces, and we are confident that our team can provide you with the legal assistance and attention that your case requires.

References:

flcourts.org/core/fileparse.php/533/urlt/995a.pdf

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.046.html

scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1987&context=mulr

floridasupremecourt.org/decisions/probin/sc06-2513_publicationnotice.pdf

In Florida, shared responsibility goes hand in hand with parental time-sharing. Parental Time-Sharing is an agreement by the parents and approved by the court, which specifies to each parent the days and times that the child spend with each parent. In an amicable arrangement, the parents will jointly determine a schedule that the court will approve. Acrimonious separations and divorces that cannot be worked out between the two parents and their Family Law Attorneys in mediation, will end up before a family judge who will then make those decision for the parents. Eventually there will be a Parenting Plan and schedule of Parental Time Sharing, either through agreement between the parties, or decided by a family judge and court ordered.

When the schedule is determined and approved alternating Holidays such as Thanksgiving are included in the approved Time-Sharing schedule.

Sharing Thanksgiving with The Children

When it comes to Holidays like Thanksgiving, that are traditionally family oriented, the first few years of newly divorced couples may be filled with anxieties for both the parents and children. The Parent whose day it is under the Parental Time-Sharing Schedule has the right to plan the events of the day. The other spouse cannot interfere with the choice of where they are spending the Thanksgiving Holiday. In amicable Time-Sharing schedules, Thanksgiving Day could be a split day if agreed upon by the parents at the time of the court approval, or modified with the help of an experienced in Family Law attorney.

All Time-Sharing should be done in an amicable way when possible. If there are unforeseen circumstances that differ from the agreement, and the differences can be agreed upon, they should be put in writing to avoid future disputes and ambiguous he said, she said, situations. A Family Law attorney can help you word your parenting plan and time-sharing agreements to avoid future disputes.

If you are traveling out of State with the children for Thanksgiving, it should be stated clearly in a written agreement. Although Florida Family Law does not specifically bar parents from travelling out of State during your time with the children, it does require that late returns and delays be avoided that might impact the other parent’s time. It is a best practice to present any travel plans in writing to the other parent specifying, itinerary, arrival and departure times and contact numbers.

Any change in scheduled parent time that cannot be agreed upon between parents and cannot be negotiated between their perspective Family Law Attorneys must be brought before the court for modification. When a modification request is presented to the court, under Florida Family Law, the parent bringing the request must show that the changes requested were caused by substantial change that was unanticipated, and the requested changes are in the best interest of the child.

There are things that you cannot do as a participant in a Parent-Sharing Agreement:

• You cannot delay the children because you want to spend Thanksgiving time with them when it is not your agreed upon or scheduled day.
• You cannot preclude or hinder the children because you dislike your ex-in-laws with whom they will be celebrating Thanksgiving with.

Family Law in Orlando, Florida

If you are a resident of Florida area and need any assistance with your Parental Time-Sharing Agreement, contact our attorneys at the Arwani Law The family law attorneys at Arwani Law Firm have handled complex divorces with complicated parenting plans and timesharing schedules in Orlando and surrounding areas. We can help you navigate your divorce or modify your parenting plan with confidence. Contact us today to find out about next steps.