Time Sharing / Parenting Plan
“Time Sharing is also known as Custody”
For many people spending time with their kids is a great joy. The State of Florida recognizes that both parents needed to be involved with the child life. Often there are many misconceptions dealing with who has the “right” to see the child. You don’t have to be legal married to see your kids, however sometimes it may be in your best interest to speak to an attorney to set up a time-sharing plan.
According to Florida Statute 61.13 the answer is:
“It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.”
However, under Florida Statute 61.13 there are some factors that may limit time-sharing matters. The standard that Florida courts use is “the best interest of the child.” The courts will see what is in the best interest of the child because they want to make sure the child priorities are number 1.
Some of the factors the courts would look at are:
(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
No Child Support Does Not Equal No Visitation
The Florida Statutes are clear when it comes to a parent seeing a child regardless if one parent has not paid child support and or alimony.
Florida Statute 61.13 says:
When a parent who is ordered to pay child support or alimony fails to pay child support or alimony, the parent who should have received the child support or alimony may not refuse to honor the time-sharing schedule presently in effect between the parents.
Also, if one parent hold a child/ children as “bargaining chips” the law has remedies such as it:
May order the parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to pay reasonable court costs and attorney’s fees incurred by the nonoffending parent to enforce the time-sharing schedule.