How is Child Visitation Determined?

If you are considering a divorce in Florida and you have children, some of your most important questions may be: What is visitation? What are my rights? How is visitation time scheduled? Determining how to handle the children can be the most difficult part of the divorce process.

The Florida legislature recently passed laws ending the former concepts of primary and secondary child custody as well as visitation, replacing them with "parental time-sharing." There is no use of the concept of “custody” in Florida. The change to time-sharing occurred when many secondary child custodians were caring for the child up to 50% of the time and often providing for the child, yet they were not allotted the same legal rights as the primary caregiver such as making important decisions for the child, yet they were still forced to pay child support. All of this gave the impression that secondary custodians were second-rate parents and had to schedule time to visit their child rather than be real parents. The newer timeshare designation allows equal treatment to both parents. While it is generally believed that a child benefits from spending equal time with both parents, the court still looks for the best interest of the child and rules accordingly.   

In the State of Florida, parents are encouraged to work together and submit a parenting plan to the court. The plan must include a time-sharing schedule that will define the time the child spends with each parent. It can also include a holiday time-sharing schedule, provisions for extra-curricular activities, education, child care, contact between the parents, contact between the children and parents, and out-of-state (or country) travel. If the parents cannot reach an agreement, the court will encourage both parents to work out differences and formulate a plan. If that still doesn’t work, the court will create a parenting plan for the family.

It is important to work with a knowledgeable attorney to determine a time-sharing schedule that works for both sides. The amount of time-sharing a parent receives will affect child support payments as well. If both parents enjoy equal time-sharing, then child support is still calculated using the Child Support Guidelines Worksheet, which is dependent on the parties’ incomes, percentage time-sharing, health insurance, and costs of daycare and uncovered medical expenses. Typically, as the payor’s percentage of time-sharing increases, the less he/she will pay in child support.

Even once a time sharing agreement is reached it may need to be adjusted as years go by. Children get older and their needs change. Parents might change jobs and their ability to stick with the time sharing schedule changes. Changes beyond a parent’s control may cause the time-sharing plan to be impossible to follow. Most times these changes can be addressed amicably. Other times some parents demand that the visitation schedule be strictly adhered to. These issues should be addressed immediately with the help of a family law attorney as soon as possible to ensure the rights of the parent are protected. When an attorney gets involved sometimes a simple letter to the other parent explaining the changes that have happened and suggesting a new schedule of visitation can be very helpful in moving through this change without conflict. The two ex-spouses can change the visitation schedule but the agreement must be approved by the court before it is enforceable.

If you have further questions about time-sharing or are going through a divorce and need guidance in establishing a healthy visitation plan, please call my office today. 904-241-0012 and see http://www.jacksonvillebeachlawyer.com/jacksonville-beach-family-law-attorney/jacksonville-beach-child-custody-lawyer.html