Timesharing

  • Can an Out of State Domestic Violence Order Affect My Florida Parental Rights?

    Any presence of domestic violence in your life, whether it is an isolated incident that occurred in your past, a restraining order, or a criminal charge, can affect your parental rights in Florida. It does not matter if your charge or restraining order is from another state. Although Florida typically creates timesharing arrangements that provide both parents with parenting time, yours could be curtailed if the court feels your child’s safety is at risk with you. The Court Always Looks as What is in the Child’s Best Interest When the court determines a parenting plan, it considers a long list of factors about the child’s needs and the parents’ lifestyle to determine the parenting plan that best suits the child’s best interest. These factors include:…

  • Do I Need a Parenting Plan?

    The divorce process in Florida can be complicated and frustrating, especially when there are minor children from the marriage, but it can be easier and less contentious with the help of a family lawyer who has experience with collaborative divorce. Many couples in Orlando who are just beginning the divorce process have friends and family members who have gone through a divorce, and as such they have some basic knowledge about issues that can arise involving child custody, parenting, and time-sharing. One question that parents who are planning to file for divorce is whether they need to have a parenting plan, and if so, how they go about developing a Parenting Plan. Generally speaking, most parents in the state of Florida will need to have…

  • Child Custody Issues with Same Sex Couples

    Forming an important and lasting bond with a child through direct involvement with the child’s daily life is not limited to the child’s legally-recognized parents. This influence may be exerted by any present and caring adult, and in the context of same-sex relationships, is not an uncommon arrangement. While many same-sex couples are now more aware of the legal pitfalls of failing to formalize parentage for the non-biological partner, a significant number are still in a legal no-man’s-land if the relationship ends and the biological parents decide to cut off access to the child. The child custody rights of parents in same-sex relationships is an area of the law that is still developing, and thus, predicting the likely outcome of a particular case is difficult….

  • Can my Child Choose His or Her Own Custody Arrangement?

    For divorcing parents, timesharing is typically one of the biggest issues to work out in their divorce. In Florida, the term “timesharing” refers to the court-ordered arrangement of when the child is with each parent and has essentially  replaced the term “visitation”. In cases which involve minor children, a Parenting Plan must be created, which dictates how the parents will spend time with the child(ren) and other details involving the child(ren) which are specific to the family.  The Court must approve the Parenting Plan, and will most likely do so as long as it is in the child’s best interest. The Parenting Plan becomes part of the Final Judgment entered by the Court in a divorce or paternity case. To reach this determination, the court…

  • Grandparents Rights in Florida

    For most grandparents, spending time with a grandchild is fulfilling and fun. For most children, grandparents offer different perspectives, different interests, and a different type of guidance than their parents provide. When a couple with children divorces, the children’s relationships with their grandparents can be affected. In some cases, there is nothing a grandparent can do to require the court to support a relationship between him and her and the grandchild through a timesharing order. In others, the grandparent does have this right and can have his or her relationship with the child protected by the court. It all comes down to the specific details of the  case. What are my Rights to my Grandchild? In Florida, in most case, grandparents do not have rights…

  • How Can I Change my Parenting Timesharing Agreement?

    When a couple with children divorces, a parenting timesharing agreement is typically part of the divorce settlement. This agreement is based on the child’s best interest and in nearly all cases, is created with the intention of maintaining a consistent relationship between the child and both of his or her parents following the divorce. Do you and your Former Partner Agree to a Change to the Parenting Plan? If you and your former partner agree to the proposed change to your parenting plan, changing the arrangement is easy. To do this, create a document that outlines the changes to your existing parenting agreement. Follow the instructions in your original Agreement for “modification,”and then file it with the court. Do not attempt to change your agreement…

  • When it Comes to your Divorce Terms, your Gender Means Nothing

    In the eyes of the law, men and women are treated equally. This means what when you work through the divorce process, your gender does not play into how your property is divided or how your child custody arrangement is set up. Speak with an experienced divorce lawyer to learn more about what to expect from the divorce process.  Rather than assuming that you will be given more or less time with your child or be required to pay alimony because of your gender, educate yourself about how the court actually determines the terms of a divorce settlement. Yes, Women Can Pay Alimony Alimony is money paid from one partner to the other to prevent him or her from experiencing financial ruin after the couple’s…

  • The Rights of Unmarried Couples in Florida

    Many couples eventually decide to marry at some point in their relationship, especially including now same-sex couples who may now marry nationwide. However, some couples decide not to legally marry, for a variety of reasons. Unmarried couples still have very limited legal rights in Florida. The exception concerns unmarried couples and their children; the law provides many protections in that area. Property Rights The property rights of married spouses are codified in law, and they may also be specified in other documents such as prenuptial agreements. Couples who are not married, but cohabitate, do not have statutory rights to each other’s property, therefore it is a good idea to draw up a property agreement with the help of an lawyer. The longer you live together,…