Many parents’ primary concern in a divorce or separation is how they will maintain their relationships with their children. Some people stay together in an unhappy relationship to avoid missing out on time with their children when they are young.
Your decision to live separately from your co-parent should not prevent you from maintaining a significant role in your kids’ lives. Although it was not always the case, the law now recognizes the importance of a child’s relationship with both parents. Our seasoned family attorneys can offer legal assistance. A Pinecrest visitation lawyer can work with you to develop a parenting plan that promotes involved and engaged parents.
Modern Family Law Terms
Just as the law has changed, the terms used to describe family legal matters have changed. It is vital to be familiar with modern vocabulary when working with a Pinecrest lawyer to negotiate a co-parenting arrangement.
Traditionally, when parents lived separately, one of them—usually the mother—was awarded custody. That meant the children would live with her and the father would have the right to visitation. A typical visitation schedule would allow the father to have time with the children every other weekend and possibly for overnight visits during school and summer vacations.
The law now favors each parent spending as much as 50 percent of the time with the children. In Florida, this is now called timesharing. The responsibility for making decisions for the children used to be called legal custody but is now parental responsibility or parental decision-making. In addition, the law also favors shared parental responsibility.
Complying with the Best Interests Standard
Florida Statute § 61.13(c)(1) describes the state’s policy of encouraging parents to share time with their children and responsibility for their upbringing. Although it is not practical for many co-parents to split time with their children evenly, the law promotes an arrangement that gives each as much involvement in their kid’s lives as possible. Ideally, parents work together to create a parenting plan.
A Judge must approve whatever arrangements the parents make, and if they cannot agree, they must submit a plan and the Judge will choose or impose a different one. A Judge approves a plan if it is in the children’s best interests, considering:
- Each parent’s capacity to put the children’s needs ahead of their own;
- Each parent’s familiarity with each child’s physical, emotional, educational, and social needs and desires, and their capacity to meet them;
- The age, mental, and physical health of each parent and child;
- Each parent’s ability and willingness to support and nurture their co-parent’s relationship with the children.
This is just a partial list of the many factors a Judge can consider when deciding whether an arrangement serves the children’s best interests. A Judge’s primary purpose is to issue a parenting plan that will provide stability and security for the children and an environment that promotes their physical and emotional well-being. Working closely with a Pinecrest attorney while developing a visitation plan can help ensure it meets the best interest test.
Dealing with Situations That Can Endanger a Child
The law assumes that children benefit from spending considerable time with both their parents. That said, spending significant unsupervised time with a parent is not always in a child’s best interest.
When a parent has been convicted of child abuse, neglect, or domestic violence, it is presumed to be in the child’s best interest not to have timesharing with that parent. However, the parent can present evidence against that. For example, they might show that the conduct happened many years ago, did not involve their children with their current partner, or resulted from an addiction or mental health condition they have since overcome.
A parent who is concerned that their co-parent may commit child abuse, domestic violence, or engage in behavior that can be dangerous to the child can ask the court to deny visitation, even if the co-parent has no convictions for this behavior. If the court accepts the parent’s evidence, they can limit the co-parent’s access to the children and require another responsible adult to supervise time with them. A Pinecrest lawyer can offer compelling arguments supporting a parent’s goals for timesharing and visitation.
Work with a Pinecrest Attorney to Pursue Your Visitation Goals Today
Divorce or separation does not mean you miss out on raising your children. The law encourages parents to work together to allow their children a meaningful relationship with each of them.
Work with a Pinecrest visitation lawyer at The Florida Probate and Family Law Firm to ensure you meet your parenting goals. Reach out today to schedule a free case evaluation.