When parents separate, the children’s adjustment is often a concern. You also might be worried about how to spend as much time with them as possible and afraid that the divorce will negatively affect your relationship.
These are all legitimate concerns, and good parents spend a lot of time and effort helping their children adapt well to their new reality. That is much easier when you understand the custody laws and know what to expect.
Speak with a Florida visitation lawyer when you separate from your co-parent. Our skilled family law attorneys can help you understand the process and make the best decisions for your children.
Understanding How Custody Law Has Evolved
Concepts like custody and visitation have changed, over the years, and the words and phrases used to describe them have also evolved. A parent going through a separation needs to be familiar with how the law views co-parenting, and the phrases used to describe it.
Physical custody and visitation used to refer to where the children lived most of the time and how often they spent time with their non-custodial parent. The phrases now in use in Florida are “parenting time” and “parental time-sharing.” Similarly, the phrase “legal custody” used to mean the right to make major life decisions for a child. Now, the phrase in use is “parental responsibility” or “parental decision-making responsibility.”
The law now favors both parents having roughly equal time with the children whenever possible. The lines between which parent has custody and which has visitation are less clear. The law also favors both parents being actively involved in the children’s upbringing and the current phrases reflect more equality between the two parents.
Parents Must Create a Parenting Plan
Parents in Florida who will live apart must develop a parenting plan, including for visitation. Florida Statute § 61.13 requires the plan to describe, in detail, when the children will spend time with each parent and who will be responsible for transporting them. It must also describe how the parents will handle the day-to-day tasks of raising the children, how they will communicate with the children and each other, and how the parents will handle decision-making responsibility.
Courts encourage parents to work together to create a parenting plan. Many parents find working with a mediator to develop a plan is productive and helpful. When the parents have agreed on a parenting plan, they must submit it to the court for approval. A Florida visitation attorney can help parents put their plan in the correct form to submit to the court.
When parents do not agree, each must prepare their own plan. The court will review both and either select one or substitute a different plan. Parents must adhere to the plan the judge selects and cannot ask for a change unless they can show that circumstances have changed since the judge adopted the parenting plan.
The Best Interests of the Children
The law requires judges to put the children’s best interests first when deciding on a parenting plan and other issues that directly affect them. The law presumes that it is in the children’s best interests to spend roughly equal time with each parent.
Judges in Florida look at the relationships the parents have with the children, each parent’s experience as primary caregiver, the stability of the parents’ homes, and many other variables. When parents cannot agree on these issues, sometimes a judge appoints a custody evaluator to interview the parents, children, and others and make a recommendation.
A judge can restrict one parent’s time with the children when there is evidence that the parent cannot provide a safe and appropriate home. The evidence could be a history of domestic violence or child abuse, active substance misuse, or an unmanaged mental health condition. In these cases, a judge might order the parent’s visits with the children to be supervised by another responsible adult.
Consult a Florida Attorney About Visitation Questions Today
Moving from a two-parent home to two single-parent homes is challenging for both the parents and the children. The adults have an obligation to make the transition as smooth as possible for their children’s sake.
Work with an attorney at The Florida Probate & Family Law Firm when you are deciding on custody matters. Our Florida visitation lawyers can ensure you understand the law and how to create a parenting plan that serves your children’s best interests. Schedule a free case evaluation with us today.