Secure Your Time Sharing Plan Today!
During a divorce in Florida, it is common to establish a parenting plan for children of both parties. A parenting plan includes but is not limited to timesharing, holiday time sharing, school and social activities, travel, and more. If you are dealing with the complexities of family law, particularly in time sharing arrangements, our experienced and skilled time sharing attorneys in Maitland, FL, can help. Veliz Katz Law is a reputable law firm known for its dedication to helping clients effectively resolve timesharing matters.
We are known for our in-depth legal knowledge and compassionate approach. Our timesharing attorneys are committed to protecting your rights and advocating for the best interests of you and your children. Contact us today for a free consultation and secure your time sharing arrangement with us!
What is Time Sharing in Maitland, FL?
When referring to “timesharing” as it pertains to a divorce, we aren’t referring to a vacation rental property in Oahu. Timesharing is a method of co-parenting despite a divorce. It is also known as child custody and visitation, and refers to the allocation of parenting time and responsibilities following the dissolution of a marriage or separation of unmarried parents.
There are suggested guidelines that dictate how often the noncustodial parent can see the children in question. If a timesharing agreement cannot be agreed upon, the court will decide what the best arrangement is in the interest of the children.
How Does The Court Determine What is in the Best Interests of the Child?
In Florida, when determining the best interests of the child in timesharing cases, the court considers several factors outlined in Florida Statutes Section 61.13. These factors include:
- Parental Capacity and Willingness: The court evaluates each parent’s ability to provide a stable and nurturing environment for the child. Factors such as their moral fitness, mental and physical health, and willingness to encourage a close and continuing relationship between the child and the other parent are considered.
- Child’s Developmental Needs: The court takes into account the age and developmental stage of the child. The goal is to ensure that the timesharing arrangement supports the child’s physical, emotional, and educational well-being.
- Parental Involvement and History: The court examines each parent’s historical involvement in the child’s life, including their caregiving responsibilities, previous time sharing arrangements, and willingness to participate in the child’s upbringing.
- Each Parent’s Understanding of the Child’s Needs: The court assesses the extent to which each parent understands the child’s needs, including their educational, emotional, and medical requirements. This factor considers the ability of each parent to meet the child’s unique needs.
- Co-Parenting Ability: The court looks at each parent’s willingness and ability to facilitate and encourage a positive relationship between the child and the other parent. The capacity of the parents to communicate and cooperate in making important decisions for the child is taken into account.
- Geographic Proximity: The court considers the geographical proximity of the parents’ residences and the practicality of the proposed timesharing schedule in terms of transportation and logistics.
- Stability and Continuity: The court values maintaining stability and continuity in the child’s life. Disrupting the child’s established relationships, school attendance, and extracurricular activities may be weighed when determining the best interests of the child.
- Any Evidence of Domestic Violence, Abuse, or Neglect: The court considers any evidence of domestic violence, abuse, neglect, or any other harmful behaviors that may impact the child’s safety and well-being.
It’s important to note that these factors are not exhaustive, and the court has discretion to consider additional relevant information on a case-by-case basis. The court’s primary objective is to promote the child’s best interests and ensure their safety, happiness, and overall well-being.
What are the Different Custody Arrangements in Maitland, Florida?
In Florida, the term “custody” has been replaced with the concept of “parental responsibility.” Parental responsibility refers to the decision-making authority and responsibilities that parents have regarding their child. There are two main types of parental responsibility arrangements in Florida:
- Shared Parental Responsibility: Shared parental responsibility means that both parents have equal decision-making authority and responsibility for the child. Under this arrangement, parents are required to consult and agree on major decisions regarding the child’s upbringing, including education, healthcare, religious affiliation, and extracurricular activities.
- Sole Parental Responsibility: Sole parental responsibility grants one parent the sole authority to make major decisions for the child without the need for consultation or agreement from the other parent. However, the noncustodial parent (parent without sole parental responsibility) may still have visitation or time sharing rights with the child unless it is determined to be against the child’s best interests.
In Florida, there is no such thing as sole or joint custody. Parents share time with their children unless there are circumstances where supervised time sharing is necessary or, sometimes, no time sharing at all.
How Long Does the Timesharing Process Typically Take?
The duration of the timesharing process in Florida can vary depending on various factors, including the complexity of the case, the level of cooperation between the parties, and the court’s caseload. While it is challenging to provide an exact timeline, I can offer a general overview of the typical duration of the process:
- Initial Filing: The timesharing process begins with the filing of a petition for timesharing or a related family law matter. The length of this stage can vary, but it usually takes a few weeks to complete the necessary paperwork and file it with the court.
- Mediation and Negotiation: In many cases, Florida courts require parties to attend mediation to attempt to reach a mutually agreeable timesharing arrangement. Mediation sessions are usually scheduled within a few months after the initial filing. The number of mediation sessions needed and the time it takes to negotiate an agreement can vary greatly depending on the complexity of the case and the willingness of the parties to compromise.
- Court Hearings and Litigation: If the parties are unable to reach an agreement through mediation, the case may proceed to court. The timeline for court hearings and litigation can vary significantly depending on the court’s schedule and the complexity of the issues involved. It is not uncommon for court proceedings to take several months or longer.
- Finalizing the Timesharing Plan: Once an agreement is reached or a court makes a decision, the timesharing plan must be formalized into a court order or parenting plan. This typically occurs within a few weeks or months after the final court hearing.
Timesharing and Child Support
Even though neither parent is entrusted with sole custody or majority custody, child support is still paid out to the parent spending the most time with the children. Child support is still considered proportionate to factors such as income, percent of time spent with the child (timesharing), cost of related expenses, etc. Timesharing cannot be denied if child support is not paid on time.
It’s important to note that while the timesharing schedule affects child support calculations, child support is primarily determined based on the parents’ incomes and the best interests of the child. The court’s primary focus is to ensure that the child’s financial needs are met appropriately, regardless of the timesharing arrangement.
If you have questions or concerns regarding the interrelation between timesharing and child support in Maitland, Florida, consulting with a knowledgeable family law attorney can provide you with specific guidance and help you navigate the legal process to ensure the best outcome for you and your child.
Call our Timesharing Attorneys Now!
Are you in need of a skilled and compassionate timesharing attorney in Maitland, Florida? Look no further than Veliz Katz Law! Our experienced attorneys are dedicated to protecting your rights and advocating for the best interests of you and your children.
If you are amidst a divorce where children are shared, contact the Orlando divorce attorneys of Veliz Katz Law for a consultation. Whether you are facing a time sharing dispute, need assistance in Probate or Estate Planning, our team is here to help. We understand the complexities of family law and will provide you with personalized attention and strategic representation throughout the legal process.
Don’t navigate the challenges of timesharing alone. Take action today and schedule a free consultation with our accomplished timesharing attorneys. Together, we will work towards achieving the optimal outcome for you and your family