When a couple has children, the issue of "custody" becomes important. Although this is a term with which many are familiar, "custody" is no longer used in the Florida law. Effective October 1, 2008, we now refer to the time each parent spends with the child as "timesharing." This effectively removed the terms, "Primary" and "Secondary" responsibility in an effort to put the parents on equal ground. Generally speaking, similar standards still apply to with whom the children reside for most of the overnights. Several factors are considered, but the overarching "best interests of the children" standard prevails above all.
The area people traditionally think of as "custody" is broader than timesharing. It also includes decision making.
Shared vs. Sole Parental Responsibility
This refers to decision-making regarding the children. Parents will generally share this right regarding major life decisions. That includes decisions relative to the health, education and religion of the children. Parents are generally expected to communicate with each other on these major decisions and come to agreed consensus. That is called 'shared' parental responsibility.
Sole parental responsibility is when one parent is granted the right to make all major life decisions regarding the child. As you can imagine, the Court rarely grants this right. Why? Well, despite the fact that there are many many parents out there who could be doing a better job, we as a society do not consider that a valid reason to take away their parental rights. That changes in the limited circumstance when one parent's decisions will put the child in danger.
Time Sharing
Time sharing refers to the amount of time spent with each parent. The difference between each parent will factor into child support and noncompliance with timesharing obligations may result in sanctions by the Court. Effective October 1, 2008, the parties in a dissolutions of marriage with minor children or in a paternity action are now required to file a Parenting Plan with the Court. This is a detailed pleading providing how the timesharing will be split, including holidays and vacations, how the exchanges will occur, how the parties will communicate with the child and with each other, and whether a police presence is needed at pick ups and drop offs. It's important to include all relevant information in your parenting plan as you will not be able to change it after final judgment without further agreement from the other party or order of the Court. It's advisable to speak with an attorney prior to drafting and filing a parenting plan in any dissolution or paternity case dealing with minor children.
Turco Legal handles all components of divorce matters including, the dissolution of marriage, alimony, custody, child support, enforcement of alimony and support, child relocation, paternity, same-sex couples, prenuptial agreements, postnuptial agreements, antenuptial agreements, cohabitation agreements, restraining orders, domestic violence, domestic abuse. The firm also handles all components of adoption matters, including surrogacy, surrogate mother representation, placement, and foster care placement. The firm also handles all components of estate planning, including wills, last wills and testaments, trusts, revocable trusts, irrevocable trusts, intervivos trusts, pour over wills, pet trusts, honorary trusts, durable power of attorney, health care advanced directives, health care surrogates, health care proxies, health care proxy, do not prolong life order, probate, intestate distribution, will contests, capacity challenges, guardianships, and homestead property.
