Custody, Visitation, and Timesharing

If you are a parent of a child that is a product of a marriage that is dissolving in legal separation, annulment or divorce, or you have a child from a relationship outside of marriage, the issue of child custody and visitation is often the most difficult one. Your desires and the desires of the other parent may be miles apart at the start, but it is to the advantage of both the parties and the children to come to an amicable child custody agreement outside the courtroom, if possible.

In an effort to remove the emotional agitation and stigma associated by the use of such terms as “custody,” “visitation,” “primary parent,” “secondary parent,” and the like, Florida has done away with such terminology as being an inaccurate description of the parents’ relationship with their children.

Thus, absent detriment to the child, the court will generally order both parents to “share parental responsibility” with regard to their children, which means that both parents retain full parental rights and responsibilities and therefore must confer with each other so that major decisions affecting the welfare of their child will be determined jointly. A “time-sharing schedule” is determined that specifies the time, including overnights and holidays, that the child will spend with each parent. A “parenting plan” document is formulated to govern the relationship between the parents relating to decisions that must be made regarding their children, including but not limited to issues concerning their children’s education, health care, and physical, social, and emotional well-being.

It is the public policy of Florida that every child have frequent and continuing contact with both parents after the parents separate. It is further the public policy in Florida to encourage parents to share the rights and responsibilities, and joys, of childrearing. There is no presumption for or against the father or mother, or for or against any specific time-sharing schedule, when determining a parenting plan for a child. The best interests of the child will always be paramount, and in determining how, in what manner, and to what degree, the parents will share the rights, responsibilities, and joys of childrearing, the court will consider any and all factors pertinent to the children’s best interests and welfare.

The Law Offices of Robert L. Bogen has vast experience in matters relating to parental rights and children’s welfare in dissolution of marriage proceedings. You may rest assured that you will receive top-level advice and assistance with regard to these sensitive issues.