When it comes to divorce cases, few issues are as hotly contested as parenting time with a child. The right to spend time with children and make important decisions in their life is usually paramount to both parents involved in the divorce.
A Miramar child custody lawyer could help you protect your relationship with your children and ensure your legal rights remain intact during the divorce process. Given the stakes, it is in your best interest to speak to a skilled family law attorney right away.
In 2008, Florida legislators made substantial changes to the laws governing child custody throughout the state. These changes even altered the language used to describe parents’ relationships with their children following a divorce or separation.
The law no longer recognizes terms like custody and visitation. Instead, the relationship between parents and children focuses on two main issues: parenting time and parental responsibility. A Miramar lawyer familiar with timesharing and child custody laws could outline the important differences between these two concepts.
State law uses the term “timesharing” to describe how a child’s time is split between two parents following a divorce. In each case, the judge will set out a timesharing schedule that determines where the child will spend their evenings, weekends, and vacation time throughout the year.
When appropriate, courts will award relatively equal parenting time to both parties. However, equally shared parenting time might not be in the child’s best interest, depending on the circumstances. In those cases, the court might award majority timesharing to a single parent. In other states, this is known as sole or primary physical custody.
The other factor in these cases is parental responsibility. Parental responsibility is commonly known as legal custody in other states. This term describes a parent’s right to make important decisions in a child’s life. These decisions could involve their education, religious upbringing, or healthcare. While the courts typically try to award shared parental responsibility, some cases call for one parent to have sole parental responsibility for a child’s care.
When determining a parenting plan, the judge will consider what is in the best interests of the child. Ultimately, the child’s best interest will override any legal rights or desires of either parent. The court must carefully look at every aspect of a child’s life and determine what parenting plan would best serve them following a divorce.
There are different factors that go into determining what is in a child’s best interest. The judge will consider both parents’ ability to meet the child’s needs as well as their willingness to forge a meaningful relationship with the child.
The court will also consider a parent’s fitness. This includes reviewing any allegations of domestic violence, substance abuse, or criminal activity. These issues could push the court to award sole parenting time to one parent. An local timesharing attorney could outline all of the factors the courts will take into account when creating a parenting plan.
If you are on the verge of divorce or planning to separate from your partner, your relationship with your children is likely at the forefront of your mind. A dedicated attorney could help you protect your parental rights and your relationship with your children. Before taking any legal action, contact our firm to speak with a Miramar child custody lawyer.
