When parents decide to divorce or were never married to begin with, the well-being of any children they share is likely to be their top concern. When it comes to protecting and growing each party’s relationship with the children, the courts try to keep each party involved. However, there are times when visitation is not an option.
To protect your rights, let a Little Gables visitation lawyer advise you of your options. The support of a determined family law attorney can make all the difference in your case – call our team today.
The Courts Favor Contact With Both Parents
The most common living situation involving children and two parents who do not live together is for one party to have primary custody and the other to enjoy occasional visits, weeks, or outings. Visitation is the term that describes the time a parent has with their children when they have not been awarded custody by the court.
While this traditional arrangement was how courts settled the issue in the past, the law has shifted in recent years to favor children splitting time with both parents as evenly as possible. In fact, many courts have shifted to use the term “time-sharing” as opposed to visitation, given that both parents frequently provide the child with a home on certain days or weeks.
Whenever parents choose to live apart, it is essential to set up a detailed plan for how time is shared with their children. If the parties can reach an amicable agreement, the court will generally sign off on it.
The Need for a Parenting Plan
The parenting plan is not an optional part of the process. State law requires a detailed schedule that outlines who is responsible for caring for and transporting the child on a given day. It should also highlight the daily parental tasks in addition to determining how decisions are to be made.
If the two sides cannot agree on a plan, both parents will develop their own options. At that point, the judge will have to determine if either plan is appropriate, or if a third option is best. The law requires that they use something known as the “best interest of the child” standard to make this decision. A Little Gables attorney can make a strong case for what is the best approach to parental visitation.
The “Best Interest” Standard
Any legal decision made regarding custody, parenting time, or financial support of a child involves first determining what is in their best interest. While the law presumes that it is better for children to spend roughly equal amounts of time with each parent, evidence can be used to rebut this presumption with the help of a Little Gables visitation attorney.
A judge can consider a wide range of factors when making this determination. They can look at the medical and educational needs of the child while weighing any previous relationship with each parent. They can also evaluate any history of a parent’s drug use or domestic abuse. In some situations, the court can even listen to the child to determine their preferences.
Reach Out to a Visitation Attorney in Little Gables Today
The transition from a two-parent to a one-parent household can be a challenge for a child, but in many cases, the adults in the relationship can come to an understanding on parenting time and custody. When disputes arise, the support and legal guidance of The Florida Probate & Family Law Firm is crucial. Reach out to a Little Gables visitation lawyer right away to learn more.