Divorcing parents are often preoccupied with how their children will respond. You might worry that you will no longer have the chance to be an involved parent. On the other end of the spectrum, you could be concerned that your child will not be safe with your former spouse. Our reliable family attorneys can help with either scenario.
Deciding how to share time with children after a divorce can be emotionally taxing. A Coral Way visitation lawyer can help you navigate all the difficult issues that arise when parents divorce.
Laws and Terminology for Visitation
In the past, mothers had a far better chance of obtaining custody of their children than fathers did. The younger the child, the more likely they would live full-time with their mother. Fathers had visitation rights, which often amounted to a few hours every other weekend, although sometimes children had weekend overnights at their father’s house.
The laws began changing decades ago, and now Florida Statute § 61.13 presumes that children benefit most when they split their time equally between their parents. Even when parents’ work or other commitments prevent a 50/50 split, Judges favor arrangements that allow each parent significant time with their children. A Coral Way attorney could explain how the current visitation law impacts your parenting goals.
As the law has evolved, so have the words we use to describe child custody and visitation. Instead of physical custody, lawyers and Judges are more likely to use the phrases “parenting time” or “parental timesharing.” What was once called joint custody is now more often called shared or joint parenting time. Legal custody used to mean having the authority to make decisions for the child—this is now called parental decision-making responsibility.
Understanding the Child’s Best Interest Standard
A Judge must decide on timesharing issues based solely on what supports the children’s best interests. When considering that question, the Judge can evaluate the:
- Parents’ respective experience as caregivers to the children;
- Relationship each parent has with each child;
- Physical and mental health of each parent and each child;
- Each parent’s capacity to meet the needs of each child;
- Flexibility of each parent’s work schedule and other obligations;
- Safety and stability of each parent’s home environment;
- Willingness of each parent to support the children’s relationship with the other parent.
The Judge must include a parental timesharing plan or parenting plan when they issue a divorce decree. Ideally, the parents negotiate a plan together and submit it to the court. Judges encourage this but they will review any plan the parents submit to ensure it supports their children’s best interests. When parents cannot agree, each submits their own plan. Judges often appoint guardian ad litem in these cases who will get to know the children and parents and submit a recommendation to the court.
Defeating Assumptions of Joint Timesharing
Sometimes a parent wishes to deny or limit contact between the children and the other parent. Judges rarely deny contact unless there is clear proof that the parent poses a danger. A Coral Way child visitation attorney can help a parent pursue or defend a claim for sole custody.
Judges sometimes limit timesharing when a parent has a history of domestic violence, substance abuse, violent criminal activity, or untreated mental health challenges. However, parents almost always retain the right to visit their children.
When there is a legitimate concern about the children’s safety, Judges sometimes order supervised visits. That means another responsible adult must be present when the children and the parent are together. If visits go well for a period, the affected parent could petition the court to lift the supervision requirement.
Engage a Coral Way Attorney To Help with Visitation Issues Today
When you and your spouse decide to divorce, you will need sound legal advice about custody and visitation issues. Knowing what the court expects and the factors considered when deciding custody can help you meet your parenting goals.
Talk to a Coral Way visitation lawyer. The Florida Probate & Family Law Firm can learn your objectives for your children, help you develop a parenting plan, and aggressively argue your position in court. Call today for a free case evaluation.