At some point, when pondering divorce, parents worry about how child custody/timesharing arrangements will get decided. The laws regarding child custody/timesharing focus on the rights and best interest of children. That means under reasonable circumstances, divorcing parents in Jupiter, Delray or Wellington can expect to receive plenty of quality time with their kids.
Florida courts use the term “Time-Sharing” as the designation of visitation/contact. According to About.com’s Single Parent pages, timesharing in Florida is “a type of visitation where one parent is awarded majority timesharing of a child while the other parent is awarded generous visitation.” Physical custody in some states means the primary residence of the child or children.
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Debrina Washington, author of the About.com article says that “best interest of the child” guides judges to review parental dynamics. They look at mom and dad’s attitudes towards positively supporting the child’s relationship with the other parent, their intention to remain levelheaded when real life changes occur, their desire to place the child’s needs first, and their ability to be involved in the child’s school or other activities. Add to that the stability of each parent’s home, his or her physical and mental health, and any history of child abuse and the court can make a reasonable assessment for custody sharing. Florida Statute § 61.13 outlines the 24 best interest factors that Florida judges consider in divorce cases.
Once the timesharing arrangements are prescribed by a judge, it takes “substantial, material, or unanticipated change in circumstances” to have the order modified. This must be legally shown by the modifying parent and must continue to uphold the interest of the child.
In divorce, time with children becomes more precious. Understanding Florida’s laws and the rights of children to be with both parents is important. To get assistance with child custody, contact an attorney board certified in marital and family law in your area.
