Answered by: Alan J. Braverman of Braverman and Hymowitz
It is a public policy of the State of Florida that each minor child have frequent and continuing contact with both parents after the parents separate or after the marriage is dissolved, as well as encouraging the parents to share their rights and responsibilities, and joys of child-rearing. Further, under Florida law there is no presumption for or against a father or a mother of a child or for or against any specific timesharing schedule.
Under Florida Law, the court is to order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. If both parents agree, an agreement can be made wherein both parents would share the parental responsibility of the child. The agreement can also contain timesharing provisions wherein both parties have equal time with the minor child(ren).
Typically, courts will approve the same when both parties agree and there is no detriment to the minor child or children. If both parents do not agree, they can go to court and ask that the court determine a parenting plan with 50/50 timesharing or otherwise. There are numerous factors that the court would consider pursuant to Florida law which would include, but are not limited to:
An attorney well-versed in marital and family law can prepare an appropriate parenting plan providing for shared parental responsibility and equal timesharing to be presented to the court for ratification. Again, if the parties are unable to agree and an attorney well-versed in martial and family law should be hired for representation and courtroom presentation with regard to the factors listed above.
Related Practice Area: Family Law
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I’m unhappily married with three children. I want a divorce, but I’m afraid the system is skewed in favor of mothers. To complicate matters, I recently pleaded guilty to a DUI (my first). If I file for divorce, what are the odds I won’t be given custody?