CHILD CUSTODY LAW FIRM STUART, MARTIN COUNTY

Parenting Plans and Time Sharing

Florida law gives both parents equal priority when determining to time-share. Every family law matter that involves minor children requires that the parties enter into a time-sharing plan that is in the children’s best interest. This time-sharing plan is called a parenting plan and establishes all aspects of the parties’ plans to co-parent their children

If an agreement on time-sharing cannot be reached, the judge will determine what is in the children’s best interest and will establish a plan accordingly. The law requires that the parenting plan include specific details for how the child will be cared for:

• How will everyday child care tasks be divided? This statement must describe how you and the other parent will handle the daily tasks of raising your child.
• How will time be shared? You must provide a schedule of when your child will spend time with each parent.
• How will health, school, and activities be divided? You and the other parent will need to designate responsibility for such matters as who will pay for medical expenses or take your child to appointments, who will be listed on your child’s school registration and transport them to and from school, who will pay for and take the child to extracurricular activities, etc.
• How will the child communicate with both parents? The court will require a description of what method of technology the child will be able to use to communicate with each parent, and how often this communication with occurring and who will be responsible for the costs associated with these methods.

It can be helpful if you and the other parent work together to determine the care of your child, and a Stuart, Martin County parenting plan attorney can assist you with every step of the plan’s creation to give it the best chance for approval before the court.

About a Parent’s Time Sharing Rights

Divorce can be difficult for every member of the family. Parents often suffer the loss of daily contact with their children, and can hardly wait until the next chance to see them. Sometimes, one parent will make it difficult for the children to spend time with their other parent. If this is your situation, you may need to bring your case to court to protect your rights as a parent.

Florida is dedicated to making sure that children continue a relationship with both parents after the divorce or other family law matter is finalized, and both parents have certain rights under the law. Each parent is to be given reasonable time sharing opportunities with their child. Parenting plans filed during the divorce proceeding are required to include the time-sharing schedule of each parent. This plan must be honored after the divorce has been completed. If your children’s parent is keeping you from seeing them or interfering with the time that you agreed to in the parenting plan, you must enlist the services of a Stuart attorney as soon as possible.

Can I relocate with my children?

Florida’s time-sharing laws put great emphasis on giving children ample opportunity to spend time with both parents on a regular basis. In light of this commitment, the state has laws that protect the children from being separated from one of their parents. A child cannot be relocated more than 50 miles from the residence established in the parenting plan. If either parent needs to move for a job opportunity, financial reasons, or for any other situation, they must obtain legal permission if their new home exceeds the 50-mile limit.

Each parent has legal rights to time-sharing with their children, which is why the law requires that the moving parent have a court order or written agreement from the other parent that allows the long-distance move. Any modifications of prior orders must be carried out according to the law’s guidelines, and a Stuart attorney can help parents request permission to relocate.

The court will consider the reasons for your request and the best interests of the children before determining approval. If the court approves the request you will be able to move and a new parenting plan will be established which will set forth how you and the other parent intend to co-parent your children in light of the distance between you.

Understanding Florida’s Child Support Guidelines

A Florida judge’s first priority is the wellbeing of the children in every family law case. The judge will take a number of factors into consideration of child support, such as any special medical, psychological, or educational needs of the child, daycare or health care costs, and the income of both parents.

After the judge has considered these factors, child support will be calculated pursuant to Florida’s Child Support Guidelines. These guidelines calculate the amount of support based on the combined net income of the parents and the number of children involved. Once all relevant considerations have been factored in, the judge will determine the amount of child support to be paid by the non-custodial parent.

Child support payments may be enforced since they are established in court usually in conjunction with a divorce agreement. For example, if one parent does not pay their child support, those outstanding payments may warrant wage garnishment or other legal action. On the other hand, a parent may have had a change in circumstances that do not allow them to pay the amount of child support they once did.

In these cases, our firm may be able to help clients with a modification of orders. In order to modify a child support order, a parent will have to prove that there was a significant change in their circumstances such as a pay cut, a loss of employment, or even a physical impairment. With the right attorney on your side, you can be assured that your child support payments are fair, accurate, and in the best interests of your children.

Modifying Family Law Agreements and Orders

In the months and years following the resolution of family law matters, it is not uncommon for one party to request that some part of a prior court order or agreement be modified in light of changed circumstances. Common situations or issues that may lead to modifications of family law orders include:

Many times, a parent will request that the child support order be modified because of a change in the situation. For instance, if the party paying child or spousal support loses their job or is forced to take a pay cut, they may request an order of modification because they are no longer capable of paying the original obligation. If this is your situation, or you are unable to meet the requirements of a previous court order, our legal team can help you through the process of seeking a modification.

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