Florida parents may be faced with many changes as things open up and families start to return to “normal” with the improvement of public health. What worked for your family while the state was on lockdown may not work in the long-term for your children. A parent who worked remotely and was able to manage childcare around their work schedule may need a new plan if they must return to a traditional office. 

Co-parenting with a compassionate and understanding mindset is vital when parents enter into time-sharing and the division of responsibilities. Many of my clients are surprised when I explain that I know where they are coming from when they talk about difficult situations. My parents set a great example of co-parenting; when my mother was pregnant with me, my father was also the parent of another baby by a different woman. I had the opportunity to grow up watching my family do the best they could for me and for each other by maintaining compassion at every stage. 

Certain life experiences are universal and, like separation, divorce, and other family circumstances bring opportunity for greater understanding of each party’s needs. It is important that the adults in the situation remember to continue to act in the best interest of the child or children, especially as my parents did for me.

If feasible, equal timesharing is a good starting point. A court would likely start at equal timesharing unless you can prove that a different timesharing schedule would be in the children’s best interest. My clients rely on me to help them come to a good starting point of negotiation so that the judge can make the best decision for their specific situation.

Florida Statute 61.13 Support of children; parenting and time-sharing; powers of court covers extensive situations where the court will determine the boundaries of a parenting plan agreement. Some common circumstances where a parent could request other than equal timesharing would be if the other parent lives an unreasonable distance away; the other parent is in recovery from known substance abuse; or one parent has been convicted of any offense of domestic violence or child abuse.

An ideal situation is when both parents can agree on what the best course of action is for their child. In the event that the parents are unable to agree on a parenting plan, the court will take into account, among many other things:

• The moral fitness of the parents.
• The mental and physical health of the parents.
• The home, school, and community record of the child.
• 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 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 capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

It is important to note that even if the court grants a schedule other than an equal time, child support may still be ordered. There are many things to consider when creating a parenting plan and the most important thing to keep top of mind is what will be of the most benefit to your children. You want a family lawyer who will take the time to teach you the different outcomes and help prepare you for the best option specific to your family’s needs, and my background in education before I became a lawyer allows me to do just that. I guide and teach instead of dictate and preach.

My clients rely on me and my team to get through an emotional time and achieve a desirable outcome. We are there for you through the whole process and understand how hard it can be to be calm when it feels like the world as you know it is falling apart. 

If you need us to help you in your family law case, please reach out to our office to schedule an appointment. We are ready and willing to serve you.