| Child Time Sharing and Parenting Plans |
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When children are involved in a family law case, this quickly becomes the most important issue. Whether it is time sharing (Florida no longer calls it "custody") or parental decision making, The Law Firm of Cindy S. Vova, P.A. ensures that your children's best interest are protected. If you decide to divorce and you have children, understand that it is not the decision to divorce that causes upheaval in children, but rather HOW the parents handle that decision, particularly how they deal with developing a time-sharing plan between them. The term "custody" virtually disappeared from Florida law several years ago for good reason. The "custodial" parent often felt that he or she held some superior advantage over the non-custodial parent, and the legislature sought to eliminate titles, and allow parents to focus more on developing a time-sharing plan where, not only were the best interests of the children met, but both parents would feel good about their roles in the decision making for, and interaction with and to and from their children. Parents often approach us stating they want "sole custody" of the children. Except in the most limited of circumstances where there is a real and present danger to a child for example, sexual, physical or emotional abuse, certain criminal conduct or addictions or that parent is truly unfit, Courts do not award sole custody, and begin with the concept of shared parental responsibility. Under shared parental responsibility, both parents equally participate in major decisions affecting the children's lives, such as health and educational decisions. Under more limited situations, the parties may decide or the court may award sole parental decision making in one or more areas to a single parent, but understand this is the exception and not the rule. You may be the "better" parent, but that alone, whether an objective or subjective decision, will not, in and of itself, give you the upper hand in a court's ultimate decision determining time sharing. So rather than invest time, money and emotional stress in trying to keep another parent from participating in your children's life, our firm encourages exploring options where children can benefit from what their mother and their father can contribute to their lives. In developing a time sharing plan, one thing is certain-neither parent can spend every night with the child. Recent law Time sharing is but one element within what is called a Parenting Plan. In 2008, Florida law began requiring that all cases involving minor children include as part of a final judgment a Parenting Plan. The Parenting Plan is a detailed document outlining not only the allocation of the decision making process between the parties and the children, but other issues regarding how decision-making is allocated between the parties regarding school, camps, extracurricular activities and the like. Our firm listens to your concerns regarding time sharing and co-parenting, and discusses with you, in detail, various options available, and the resources involved in developing an appropriate time sharing schedule and parenting plan for your situation that is in your children's best interest and yours. |
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