Timesharing Law in Florida
Creating shared parenting time plans is a big part of the process of finalizing a divorce in the state of Florida. Shared parenting plans are also created for those who were never formally married to create legal timesharing for the welfare of kids. Knowing more about the timesharing guidelines that are followed in the state of Florida can help parents who are attempting to create a fair timesharing agreement between them.
The St. Petersburg family law lawyers at Lopez Law has years of experience working on cases related to time sharing in the state of Florida. We can help you to secure a timesharing plan that works perfectly for your needs and which will allow your child to thrive.
What is a Timesharing Plan?
The timesharing plan that is established when you divorce or when you are no longer living in the same household with someone whom you share a minor child with establishes boundaries and consequences for both parents. This document is meant to make it clear about who should have the care of the child and when while also establishing repercussions for actions that are taken contrary to the guidelines of the timesharing policy.
This document protects the needs of the child or children involved in a situation where their parents or guardians no longer reside at the same residence or share the same household. Without a timesharing plan, children might not be protected from arbitrary decisions made by either of the parties involved in the situation and might not be protected from neglect or other harm.
How is Timesharing Determined in the State of Florida?
In Florida, the “best interest of the child” is the main determining factor that is used to figure out a fair and effective timesharing plan. There are many unique circumstances that come into play related to these agreements, and judges take these unique situations and requirements into consideration when building timesharing agreements.
Having skilled legal counsel supporting you throughout the timesharing plan process can have a big impact on the nature of the plan that is created on your behalf. The more information that is placed before the judge, the more likely it will be that you will get access to a plan that is ideal for your child’s needs.
Because the best interest of the child is legally protected under the laws that govern timesharing agreements, judges are allowed to focus primarily on this goal when making timesharing plans. The incomes, jobs, and demands on time for both parents are also considered when building a parenting plan or timesharing plan. Special health requirements for the child or children are also considered, and after-school activities and scholastic needs are also prioritized when creating a timesharing plan.
What Are the Factors That Affect Timesharing Plans?
These are the factors that the judge will take into consideration when creating a timesharing plan for children in the state of Florida:
- The capacity of each parent to encourage a close parent-child relationship with the other parent.
- The ability and interest of the parent to honor a timesharing schedule and to be flexible when necessary changes are required.
- The division of parental responsibilities that is required after litigation to best support the needs of the child or children involved in the plan.
- Information about how timesharing coverage will be delegated to third parties such as grandparents, friends, or babysitters.
- The capacity of each parent to think about and act upon the needs of the child rather than their own desires or grievances.
- The length of time that the child has lived in a stable environment and the desire to continue this kind of situation for their well-being.
- The geographic location of each parent and the requirements of school-age children related to attending the same school continuously throughout the year.
- Moral fitness of the parents involved in the timesharing plan.
- The mental and physical well-being of the parents.
- The physical and mental health of the child or children.
- The home, school, and community record of the child or children involved in the timesharing plan.
- The preferences of the child as expressed by the child related to the timesharing plan. While not all child demands can be met in this kind of agreement, the judge will always try to take into consideration the child’s reported comfort with each parent’s living arrangements.
- The knowledge and capacity of each parent to remain informed about the needs of the minor child or children. These needs can include the child’s friends, teachers, and medical providers, and giving consideration to events and activities that the child is invested in doing. Daily schedules are also considered with care taken that the child will get help with homework, meals, and a regular bedtime.
- The capacity of each parent to inform the other parent about changes to plans, and activities that they might want to come to see or be involved with.
- Evidence of any domestic abuse or neglect.
- Evidence that both parents have knowingly provided false information to the court about any prior treatment of the child.
- The capacity of each parent to protect the child from the impact of ongoing litigation surrounding the divorce or separation.
- The capacity of each parent to meet the child’s developmental needs.
- Any other factors that might be relevant to the creation of a parenting plan.
All of these factors can be accounted for more easily when you have a lawyer working on your side. The team at Lopez Law can help you to take care of this part of your parenting plan development to ensure that you and your children get the right parenting plan for everyone’s benefit. We have years of experience working on these cases and have helped many other parents to seek favorable and effective parenting plans during their divorce or separation.
Can You Modify a Timesharing Plan?
Timesharing plans can be modified if there are changes to the situation of either parent. This might be a change of work situation, a change of residence, or other alterations to the status of the parent that could impact the involved child or children. You will need to secure a lawyer to have this kind of change made to a timesharing plan. The courts expect that these requests will only be made if substantial changes that were not anticipated have come to pass. These changes will also need to impact the well-being of the child, or the court will not be willing to modify a timesharing agreement.
The courts look at these kinds of requests and expect to see that the change to the situation was substantial, material, and unanticipated. There is no leeway given for changes to timesharing that are motivated by disagreements between the parents or personal preferences that do not affect the well-being of the child.
Father/Paternity Considerations
Fathers who never married the woman they share a child with or who are not the legal father of a child will need to have a paternity test in order to get parenting rights that match the mother’s. This can be done with ease so long as the mother of the child is cooperative. An experienced legal team can help with potential issues related to this part of the timesharing plan creation process.
Getting paternity rights established s often critical to getting a fair and reasonable parenting plan. A formal hearing might be required to complete this aspect of the parenting plan process, but you can count on expert representation from the team at Lopez Law if this is the case. Being able to work through this part of the process without causing upset to the child or children involved is always essential, and the team at Lopez Law keeps this factor in mind as they work with you to help establish your parenting rights.
Timesharing Plans Are Easier to Create With Skilled Legal Support on Your Side
If you are involved in the process of getting a divorce or you are separated from someone that you were never married to but whom you share a child with, we can help! You will need to make sure that your parenting plan and timesharing agreement are fair and consider the well-being of your child or children. The main focus of any responsible parenting plan process is to make sure that the children involved in the creation of this plan are not negatively impacted.
Helping children thrive and succeed is always the main goal of creating a timesharing plan. Judges in the state of Florida have to work with the information that your lawyer provides when you are seeking this kind of legal arrangement. You can count on the team at Lopez Law to work hard to create a timesharing plan that will help you take care of your children without roadblocks and bottlenecks.
Contact us today and get scheduled for a case evaluation. We are eager to help you to seek the timesharing plan that is best for you and your child.