Articles Posted in Parenting Plans / Time Sharing

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In Florida, going through a divorce involving children can be difficult on the parents and children alike. In determining where the children are going to live, often the parents have to put their wants and wishes to the side and consider the best place for the child. If the parents are unable to agree, then a Social Investigation may be necessary to determine the time-sharing (custody/visitation) and parenting plan to be used once the divorce is final. This is a helpful tool because it takes the arguing away from the parents and places it with a neutral third party, therefore, protecting the kids from a fight.
A Social Investigation in a divorce, is typically done by a non-related, neutral third party that is familiar with such situations and can determine the best time-sharing (visitation) schedule and parenting plan for the children. Sometimes these investigations are done by a licensed psychologist or mental health therapist. The individual chosen, generally agreed upon by both spouses, actually speaks with the mother, father and children to find out what the relationships and the structure of the home are like.
The evaluation is designed to help the Judge assess the family situation and what is in the best interest of the children. It is a helpful tool because it takes the fight away from the parties and places the matters in a professional’s hands.

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How is child support determined in Florida? Florida child support is based on Florida Statutes 61.29 and 61.30 , which provides the breakdown for calculating child support. The calculation is designed to put the child in the same position s/he would be if mom and dad lived in the same home. The idea is that mom’s income plus dad’s income equals the child’s net household income, so the calculation determines what percentage of the household each parent is contributing. Also, it gives consideration for the parent paying for daycare and the parent paying for the child’s health insurance.

Child support used to end on the child’s 18th birthday or upon his/her graduation from high school if the child would be 19 at expected date of graduation. It was recently changed and the law now requires that a real date be placed in the child support order so that it self terminates at that time.

Child support previously only provided compensation for time spent with each parent, if the non-primary parent spent over 146 overnights with the child(ren). The law recently changed to give compensation and credit to the non-primary timesharing parent, if that parent 73 overnights with the child, then that is considered “Substantial Time Sharing” and child support is calculated based on the amount of time the child(ren) spends with each parent.

happy%20family.jpgWhen parents divorce, children usually suffer to some degree. Good parents – those who truly want to put the welfare of their children first – often seek advice on how to successfully parent their way through a divorce.

Therapists who specialize in children of divorce agree that one of the most difficult things for divorcing parents to do is to encourage their children to maintain a great relationship with someone they no longer like. Here are some tips for making it easier:

Recognize that your child needs both a mother and a father to nurture them and be good role models if you want to help them grow up to be a fully functional adult.

MissingChild.jpgThousands of Florida children are impacted every year by divorce, and according to research from relationship skills training organization PAIRS Foundation, children of divorce are three times more likely to have problems in school and five times more likely to commit a crime.

Child and adolescent psychologist Dr. Jennifer Hartstein offers three tips for effective co-parenting to stop trouble before it begins:

1. Respect each other. You do not have to like each other, but you do need to exhibit respect and positive ways of resolving conflict to present a good model of that behavior for your children. Speaking negatively about each other creates resentment and anger in your children.

Crying3.jpgThe effort of one parent to turn a child against the other parent has become known as “Parental Alienation Syndrome (PAS)”, a disorder first identified by psychiatrist Dr. Richard A Gardner in the 1980s in association with the growth in child custody litigation.

Dr. Gardner, who was a clinical professor in Columbia University’s Division of Child Psychiatry, was a consistent advocate for fathers in custody battles. Later research done into PAS has shown that a child’s alienation from one parent is usually the result of systemic dysfunction within a family that begins well before divorce.

Whether PAS is a true medical disorder is still being debated, but any divorce lawyer will tell you that parental alienation does exist, and it is an unfortunate circumstance for both children and the target parent. So how can you tell if your child is at risk for parental alienation? Here are some widely recognized risk factors:

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If you are serving in the military and become active, deployed, or are temporarily assigned military service and your ability to comply with a time-sharing agreement is materially affected as a result, under Fl. Stat. 61.13002, you should file a supplemental petition or a motion for modification of time-sharing or parental responsibility. Doing so will prevent the court from making any amendments or modifications to the time-sharing agreement in effect before the parent became active, deployed, or temporarily assigned military service. The only exception is if it can be shown by clear and convincing evidence that an amendment or modification should be made because doing so is in the best interest of the child.

If the court decides to issue a temporary order, the court shall consider and provide for contact between the servicemember and his or her child by feasible means of electronic communication such as webcam, telephone, or other available means. Because it is in the best interest of the child to maintain a bond with the parent serving the military, Florida courts will also permit liberal time-sharing during the periods of leave from military service. This temporary order will terminate and the previous time-sharing agreement in effect before the parent was called to military service shall be reinstated upon the servicemember’s return from active duty, deployment, etc.

It is important to maintain a bond with your child while serving in the military. Being deployed or temporarily assigned military service may also affect any active child support obligations. Contact a Florida Family Law Attorney to discuss how military deployment may affect your time-sharing or child support obligations. An attorney can also file a petition with the court to make amendments or modifications to a time-sharing agreement or child-support obligation that will account for your active service.

Adoption.jpgIf you are going through a Florida divorce and have children, one of the most important tasks that lie ahead of you and your spouse is to create a workable parenting agreement.

A parenting agreement is essentially a plan on how you and your soon-to-be ex will parent your children together. It covers decisions on custody, visitation, child support, education, religious training (if any) as well as how time is to be divided and shared between parents.

If you and your spouse have an amicable relationship, you can usually work together to create a parenting plan without the involvement of a mediator or other professional to assist you. If this is the case, then the plan you develop together should also be reviewed by your Florida divorce attorneyhttps://www.woodatter.com/lawyer-attorney-1163342.html prior to be made part of a court filing.

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As a Florida divorce lawyer, I tell couples with children who are getting a divorce that it is better for them to agree on a co-parenting plan rather than have the court do it for them.

Creating a parenting agreement usually helps to reduce future conflicts because the expectations are clear from the beginning on how each parent will interact with the other when it comes to parenting their children.

Just the act of creating a parenting agreement allows couples to make decisions about all the issues that they will face in the future with their children. Once a parenting agreement has been created, the court should then approve it so it becomes enforceable in case one party does not live up to the agreement.

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In a no-fault state like Florida it is difficult to understand, as a family law attorney, why parties are willing to spend more money than they have to prove that a spouse was, in fact, having an extramarital affair. It is not to say that affairs are not personal or do not take personal tolls on the individual hurt by it, they do. However, to spend thousands upon thousands of dollars for a court to hear the atrocity, when the reality is the affair will not have a bearing on the outcome of the case is scary.

Speaking as a professional interested in representing the client’s best interest, I think preserving the client’s money for what can really make a difference, counseling on the emotional aspects, is much better. I struggle with this issue as a family law attorney because I do not want to take advantage of the emotions associated with the divorce. The only way to avoid an attorney taking advantage of this situation, other than hiring an attorney like myself, is to take the emotion out of the divorce.

What do I mean by this? I simply mean that the divorce is a business transaction, you are seeking to dissolve a contract, that being the contract of marriage. I know that sounds cold, but the reality is, at the end of the day, it’s business. You are searching to protect your assets, finances, retirement, which again, is a business concept. The more you can remove the emotion from the action the less money the divorce will cost you in the end.

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Florida visitation laws changed to timesharing laws in 2008. The primary goals of these laws are to (1) ease the need for a custodial parent to be determined and (2) to protect the child and keep his or her interests as a central concern throughout custody or divorce proceedings.

How is timesharing affected during the summer?

Generally, the roles of the primary parent and non-primary parent are swapped. For example, the primary parent – the parent who has custody of the child for a majority of time – becomes the non-primary parent during the summer. Generally, the timesharing laws allow for the non-primary parent to have custody of the child for a consecutive 6 weeks with every other weekend going to the primary parent. This switch is the normal practice unless the parents deviate from the standard visitation schedule in the parenting plan, which is also a requirement in visitation cases. If that happens to be the case, it is usually established in the parenting plan established by the parents if they have deviated from the standard schedule.

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