Once commonly known as “custody”, this legal right to raise and enjoy the companionship of your child is now termed “timesharing”. The creation of a Court approved parenting plan is required to be approved by a Court. Children’s issues in divorce cases are some of the most emotionally difficult and important concerns to immediately address early in the process. We understand that you are anxious about ensuring that your child’s needs and interests are being safeguarded. At the Law Office of Jonathan Jonasz, we have extensive experience in handling all types of children’s issues including timesharing contact and access disputes. We understand that when a “custody battles” ensues it is stressful on you and your child, especially in high conflict cases. We will advise you on how best to protect your child from the anxiety of divorce and help create a timesharing schedule and parenting plan which is in you and your child’s best interest.
Unless the parties resolve the issue of timesharing between themselves, in Florida, a Court must determine a proper timesharing arrangement for both parents and the child according to multiple factors most notably the best interests of the child at the time of divorce. Generally, it is in the best interest of a child to have reasonable and frequent contact with both parents. We are uniquely sensitive in working with our client’s to craft a timesharing schedule which is appropriate for both you and your child keeping in mind the child’s age, schedule, special needs if applicable and your spouse’s actual past involvement in raising your child.
Timesharing Schedule Factors
Pursuant to Florida law, both mothers and fathers are looked upon as equal when determining a timesharing arrangement. Neither parent is afforded more or less consideration when establishing a schedule, regardless of the age or sex of the child. Instead, the Court will determine a timesharing schedule based upon the child’s best interest, taking into consideration the following factors:
| 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. | F. The moral fitness of the parents. | G. The mental and physical health of the parents. | H. The home, school, and community record of the child. |
| I. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference. | J. The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things. | K. The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime. | L. The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child. |
| M. Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child. | N. Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect. | O. The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties. | P. The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities. |
| Q. The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse. | R. The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child. | S. The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs. | T. Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule. |
Changes in Florida’s “Custody Laws”
In 2008, Florida law regarding “custody” changed significantly. There is no longer a “primary residential parent” or the notation of “visitation” by the nonresidential spouse. Courts now require a detailed parenting plan be entered, which sets forth all aspects of each parents’ rights and responsibilities with respect to their children.
Parenting plans may be entered upon agreement of the parents or by the Court. If parents reach an agreement on their timesharing schedule, that agreement is subject to approval from the Court and is then incorporated into the Final Judgment either establishing paternity or dissolving the marriage. Once the Court enters a timesharing order or parenting plan, both parents must comply with all terms of the parenting plan or be subject to sanctions by the Court.
A typical parenting plan includes the exact timesharing schedule for both parents and each parent’s other child related responsibilities. The parenting plan must clearly state how much time the child shall spend with either parent and which parent is responsible for picking up or dropping off the minor child. Most parenting plans also contain specific language as to holiday timesharing, religious observance and travel domestic and international.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Proceedings
The UCCJEA was established to avoid jurisdictional problems between states. The intention was to prevent parents from “forum shopping” for a state which had more favorable custody or support laws. The law limits jurisdiction of custody matters to one. At Contreras, Jonasz & Camacho, P.A., we are knowledgeable in the application of the UCCJEA and can assist clients in any interstate custody disputes they might have that involve the issue of proper jurisdiction.
Child Support, Private School and Extracurricular Activities
In Florida, child support is calculated using a mathematical formula. This formula considers, among other things, the number of children; overnight stays the child has with each parent; the income of both parties; cost of health insurance for the child and parents; and child care costs. Other factors that may be taken into consideration are private school tuition and expenses, extracurricular activity costs, and any other extraordinary needs or costs associated with the children’s lifestyle enjoyed during the marriage. Expenses such as private school require specific findings by the Court such as if the private school is affordable and in the child’s best interest.
Your spouse may be required to pay a greater share of the private school expenses, extracurricular activities and uncovered medical costs based on the child support guidelines.
Prior to a final determination being entered by the Court, a temporary award of child support and timesharing schedule may be put in place. A Court may also order child support paid retroactively, up to 24 months prior to the date of filing or to the date of separation.
Occasionally, parents attempt to hide or temporarily reduce their income in order to avoid paying proper child support. At Contreras, Jonasz & Camacho, P.A., we are dedicated to intensively investigating the other parent’s true financial situation in order to calculate the correct child support award you are entitled to from your spouse. Once these child support orders are entered we counsel clients on the use of income withholding orders to make sure they receive payments on a timely and uninterrupted basis.