Determining Child Custody, or “Time-Sharing,” in Florida With McBride Legal Group
Offering Workable Solutions For Families
What other states refer to as child custody is called “time-sharing” according to Florida family law. A parent can have “majority time-sharing” rights or both parents can have “equal time-sharing” rights. As an experienced family and divorce law firm, McBride Legal Group has developed numerous workable solutions for families who need to agree on time-sharing in their divorce with children. Whether you and your ex-spouse agree or not on this important decision, it is crucial to have a trusted, well-established divorce attorney with whom you can brainstorm and find workable solutions for your family.
Time-Sharing Q&A
With representation by McBride Legal Group, you can expedite your divorce process dramatically. Moreover, McBride Legal Group's personable and compassionate attention to your case helps minimize emotional stress, procedural confusion, and legal decisions made in angst. The following common questions and answers will help you develop a foundation for understanding Florida time-sharing laws.
How does the court determine time-sharing rights?
Florida court determines time-sharing rights in accordance with the best interests of the child (§61.13, Florida Statutes). Factors considered include the obvious, such as abuse or neglect from either parent, but also more subtle aspects of parental fitness, such as: (1) the capacity of each parent to nurture a close parent-child relationship, (2) the ability of each parent to honor the time-sharing schedule and to be “reasonable” when issues come up, (3) the capacity of each parent to put their child first, (4) the length of time the child has lived in a family home or other satisfactory environment, (5) the moral and mental fitness of the parents, and many others.
Do children have say-so in determining time-sharing?
The short answer is yes, they do. The longer answer is that small children do not have full say-so in which parent they spend more time with. But certain factors are taken into consideration. For instance, the child’s expressed desire to stay in a family home or certain school district has weight in the decision. This is because the child’s desire to “maintain continuity” lends to his/her mental and emotional well-being after a divorce. Furthermore, as listed in the Statutes, if the child demonstrates the “intelligence, understanding, and experience to express” a reasonable preference, the court must consider their wishes.
Can we use mediation instead of court to develop a parenting plan?
It is highly recommended to mediate time-sharing plans, or parenting plans, and all associated issues, rather than allow a judge to make such a big decision for your family. There are times, however, when a time-sharing plan cannot be agreed upon in mediation. In these cases, the parents must go through the legal system and plead their cases in court.
Empathetic, Knowledgeable, and Creative
A Well-Rounded Divorce Attorney
When you secure representation from McBride Legal Group, you receive the benefits of an experienced family law firm. McBride Legal Group uses their deep knowledge of the law and fuses it with workable solutions that best meet a client’s needs. Additionally, their empathetic approach and high level of responsiveness to each client makes them a well-rounded choice for your divorce and family issues. With every client, McBride Legal Group listens to the problems and the goals, making sure to familiarize themselves with the nuanced differences from case to case. In turn, this allows them to formulate solutions catered to each case.
Contact the Divorce and Family Law Firm McBride Legal Group
At McBride Legal Group you receive all the benefits of a big city law firm with the added advantage of personalized, focused attention. Contact McBride Legal Group today for a private consultation at 772-278-1632.
