Child Custody


The proceedings surrounding the dissolution of a marriage can sometimes become an involved and drawn out process. Questions concerning the division of assets, alimony, and distribution of retirement plans are just some of the challenging issues of a divorce. When child time sharing is concerned, a whole new level of post-marital concerns presents itself.


Changes in Chapter 61

 

Families used to be faced with terms such as “visitation plan,” “primary residential parent,” and “secondary residential parent.” Under the new version of Chapter 61 of the Florida Statutes, effective October 1st, 2008, different language and procedures have been employed to level the emphasis each parent has in raising the children. The hope is that these changes will promote a smoother more effective child-rearing transition after the divorce is final. As detailed in the revised statute, terms such as “time-sharing” and “parenting plan” are now the emphasis. Rather than “primary” and “secondary residential parent,” both parents - mother and father - are now referred to simply as parent.

 

 

Parenting Plans

 

Furthermore, under Florida Statutes Chapter 61, Florida law now requires court approved Parenting Plans regarding how the children will be raised. Parenting Plans are required to include detailed time-sharing schedules for all divorcing couples with children.

 

Time-sharing schedules are in place to determine, in writing, what amount of time the child will spend with each parent. Issues taken into consideration include: pick-up and drop-off routines for transition times, any schedule changes surrounding holidays and special occasions, and which parent’s address will be used concerning school zoning. Many counties offer a time-sharing model for parents to consider or at least use as a guideline for how their specific table will operate.

 

Equalizing the Process

 

Above all, Chapter 61 aims at equalizing and, perhaps sensitizing the way the legal system handles custody issues within a divorce. Changing the language and requiring further, more detailed planning regarding how children will be affected (at least in a scheduling sense) hopefully leads to a smoother transition for all parties and a more effective agreement to live by during the time after courts and lawyers are involved.

Frequently Asked Questions Regarding Child Time Sharing

  • 1. Are child custody decisions gender biased?

    No.  The current law under Section 61.13 of the Florida Statutes is specifically designed to be gender neutral.  The Court's task is to analyze the factors under Section 61.13 and make a determination of what is in the best interest of your child or children.  These factors have nothing to do with gender and although there was once a presumption in favor of females called the "tender years doctrine", this has been eliminated under current law.  The Florida Legislature has been very careful to craft a statutory framework that does not favor one gender over another.



  • 2. Does the new law regarding child custody create a presumption that 50/50 contact is in the best interest of the child?

    No.  This is a common misconception under the new statute.  Due to the elimination of the words "primary" and "secondary", many people viewed the new statute as mandating that parents share equal time with their children.  Although this may be the result that the Court ultimately reaches in your case, it will not be a result of a presumption of 50/50 under the statute.  Given the relative newness of the statute, there is very little case law interpreting it, however a new decision issued by the 4th District Court of Appeals in Hahn v. Hahn, makes it very clear that the statute does not create a presumption of 50/50.  The relevant text is quoted as follows:  "...the court was incorrect to conclude that the amendments created a presumption of 50/50 time-sharing. Based on a strict interpretation of section 61.13, as amended, the trial court must still “determine all matters relating to parenting and timesharing of each minor child of the parties in accordance with the best interests of the child[.]” § 61.13(2)(c)1., Fla. Stat. (2008)."  The full text of the Hahn decision can be found here.  As one can clearly see, the best interest of the child is the ultimate task of the Court.

The Wilson Advocacy Group, P.A., is a full-service family law firm dedicated to providing compassionate and aggressive representation for our clients. As a child time share lawyer, we are focused on representing you and getting your legal matters resolved as quickly and proactively as possible. Our firm typically handles family law cases throughout Central Florida in Orange County, Osceola County and Seminole County.  We have significant trial experience in handling child time sharing cases.  We believe that communication with our clients is of utmost importance so that our clients know exactly what is going on in their case and to help take the mystery out of the legal process.  Going through a child time share case or other family law proceeding is a trying time for our clients and we provide the peace of mind to help our clients resolve and move past their family legal issues. The Wilson Advocacy Group, P.A. can help resolve your child time share - Contact Us Today for a Consultation.

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