Child Custody F.A.Q.
I HAVE HEARD THE TERMS “TIME SHARING” AND “PARENTING PLAN” ARE THEY THE SAME THING WITH DIFFERENT NAMES?
Yes and no. While a child “Time Sharing” plan is part of the “Parenting Plan” the Parenting Plan is much more comprehensive. Pursuant to Florida statutes a Parenting Plan must, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school-boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child.
I HAVE HEARD THE TERMS “TIME SHARING” AND “PARENTAL RESPONSIBILITY” ARE THEY THE SAME THING WITH DIFFERENT NAMES?
No, “Time Sharing” or the Time Sharing Plan sets out when each parent shall be entitled to share time with the child. Parental Responsibility, on the other hand, describes each parent’s responsibility toward and for the child. For example one parent could be given the responsibility of making all extra-curricular activity decisions with regard to the child while the other parent has the responsibility for making all health care related decisions with regard to the child. In most instances, unless it is shown to be against the best interest of the child for one reason or another, the parent’s of the child will have shared parental responsibility whereby each parent will have equal access to information regarding the child from third parties and each parent will have an equal decision making authority regarding the child.
MY 14 YEAR OLD CHILD HAS STATED HE/SHE WISHES TO MOVE FROM MY FORMER SPOUSE’S HOME AND START RESIDING IN MY HOME, DOES HE/SHE HAVE A SAY WITH REGARD TO WHOM THEY WILL LIVE WITH?
Florida does not provide a minor child of any age with a statutory right to appear and give testimony in a family law action, with the exception of actions regarding parental relocation with a child. If a minor child wishes to testify before the court, a motion must be filed with the court requesting such opportunity and each motion is determined upon its own merits. However, the granting of such motions is extremely rare and against the stated public policy of the Florida courts.
DO MOMS ALWAYS GET CHILD CUSTODY?
According to Florida Statute, there is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan for the child.
WHAT IF MY FORMER SPOUSE DOES NOT LET ME SEE MY CHILDREN?
If there is an order granting timesharing, the proper procedure for enforcing that order is to file a motion for contempt. You must prove to the court that your former spouse has the ability to comply with the timesharing as ordered but simply refused to do so.
CAN THE COURT ORDER SOMETHING DIFFERENT OTHER THAN SHARED PARENTAL RESPONSIBILITY IF MY FORMER SPOUSE IS A DANGER TO THE CHILD, INCAPABLE OF MAKING ADULT DECISIONS REGARDING THE CHILD OR REFUSES TO COOPERATE WHEN MAKING SUCH DECISIONS?
Yes. If the Court finds that it would be detrimental to the child for one of the parents to have decision making authority concerning the child, then the other spouse can be given sole parental responsibility.
CAN MY FORMER SPOUSE AND I HAVE JOINT CUSTODY (OR ROTATING CUSTODY) OF THE CHILDREN?
Yes, Florida time sharing statutes and case law permit such arrangements.
CAN THE COURT ORDER SUPERVISED VISITATION IF THE NON-CUSTODIAL PARENT IS A DANGER TO THE CHILD?
Yes, but it will be your burden to prove that the child is in danger and not that you just happen to dislike the other parent. Also, Courts in general are not going to find that the child is in danger just because your spouse is bringing your child into the presence of a new romantic interest.
CAN I RELOCATE TO ANOTHER AREA WITH MY CHILDREN, IF GIVEN CUSTODY?
Possibly, there are many factors that the Court will consider when making a determination as to whether a parent may relocate with the children and major battles are fought over this issue but such permission can be granted. Every case is unique, but if you are going to move more than 50 miles from your current residence, you will generally need either your former spouse’s consent or the Judge’s permission.
WHAT IF MY FORMER SPOUSE IS NOT PAYING CHILD SUPPORT, CAN I DEPRIVE THEM OF TIME SHARING?
No. According to Florida Statute, when a parent refuses to honor the time-sharing schedule in the parenting plan without proper cause, the Court may:
(a) Award the parent who was improperly denied timesharing extra timesharing to compensate for the timesharing that was denied. This make up timesharing will be scheduled in a manner that is most convenient for the parent who was denied timesharing and at the expense of the parent who denied the timesharing.
(b) Order the parent who improperly denied timesharing under the time-sharing schedule to pay reasonable court costs and attorney's fees incurred by the non-offending parent to enforce the time-sharing schedule.
(c) Order the parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to attend a parenting course approved by the judicial circuit.
(d) Order the parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to do community service if the order will not interfere with the welfare of the child.
(e) Order the parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to have the financial burden of promoting frequent and continuing contact when that parent and child reside further than 50 miles from the other parent.
(f) Upon the request of the parent who did not violate the time-sharing schedule, modify the parenting plan if modification is in the best interests of the child.
(g) May impose any other reasonable sanction as a result of noncompliance.
HOW OLD DOES THE CHILD HAVE TO BE BEFORE THEY CAN DECIDE WHOM THEY WANT TO LIVE WITH?
Children do not have the right to decide at any age. But a Court may well consider the wishes of a child depending on age and maturity level of a child. The Court must initially grant the child permission to testify before the Court and each such request is decided on its own merits.
WHAT IF THE CHILDREN BORN DURING THE MARRIAGE ARE NOT THE CHILDREN OF BOTH PARTIES?
Children born during the parties’ marriage are presumed to be the children of the parties’ unless that presumption is proven otherwise. The proof can be in the form of a blood/DNA test result or other testimony or proof, but in general scientific testing is the best evidence. Note that it would be extremely complicated to return after a divorce and claim that a child was not a child of the parties’.(Although it may be possible if fraud was involved).
Yes and no. While a child “Time Sharing” plan is part of the “Parenting Plan” the Parenting Plan is much more comprehensive. Pursuant to Florida statutes a Parenting Plan must, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school-boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child.
I HAVE HEARD THE TERMS “TIME SHARING” AND “PARENTAL RESPONSIBILITY” ARE THEY THE SAME THING WITH DIFFERENT NAMES?
No, “Time Sharing” or the Time Sharing Plan sets out when each parent shall be entitled to share time with the child. Parental Responsibility, on the other hand, describes each parent’s responsibility toward and for the child. For example one parent could be given the responsibility of making all extra-curricular activity decisions with regard to the child while the other parent has the responsibility for making all health care related decisions with regard to the child. In most instances, unless it is shown to be against the best interest of the child for one reason or another, the parent’s of the child will have shared parental responsibility whereby each parent will have equal access to information regarding the child from third parties and each parent will have an equal decision making authority regarding the child.
MY 14 YEAR OLD CHILD HAS STATED HE/SHE WISHES TO MOVE FROM MY FORMER SPOUSE’S HOME AND START RESIDING IN MY HOME, DOES HE/SHE HAVE A SAY WITH REGARD TO WHOM THEY WILL LIVE WITH?
Florida does not provide a minor child of any age with a statutory right to appear and give testimony in a family law action, with the exception of actions regarding parental relocation with a child. If a minor child wishes to testify before the court, a motion must be filed with the court requesting such opportunity and each motion is determined upon its own merits. However, the granting of such motions is extremely rare and against the stated public policy of the Florida courts.
DO MOMS ALWAYS GET CHILD CUSTODY?
According to Florida Statute, there is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan for the child.
WHAT IF MY FORMER SPOUSE DOES NOT LET ME SEE MY CHILDREN?
If there is an order granting timesharing, the proper procedure for enforcing that order is to file a motion for contempt. You must prove to the court that your former spouse has the ability to comply with the timesharing as ordered but simply refused to do so.
CAN THE COURT ORDER SOMETHING DIFFERENT OTHER THAN SHARED PARENTAL RESPONSIBILITY IF MY FORMER SPOUSE IS A DANGER TO THE CHILD, INCAPABLE OF MAKING ADULT DECISIONS REGARDING THE CHILD OR REFUSES TO COOPERATE WHEN MAKING SUCH DECISIONS?
Yes. If the Court finds that it would be detrimental to the child for one of the parents to have decision making authority concerning the child, then the other spouse can be given sole parental responsibility.
CAN MY FORMER SPOUSE AND I HAVE JOINT CUSTODY (OR ROTATING CUSTODY) OF THE CHILDREN?
Yes, Florida time sharing statutes and case law permit such arrangements.
CAN THE COURT ORDER SUPERVISED VISITATION IF THE NON-CUSTODIAL PARENT IS A DANGER TO THE CHILD?
Yes, but it will be your burden to prove that the child is in danger and not that you just happen to dislike the other parent. Also, Courts in general are not going to find that the child is in danger just because your spouse is bringing your child into the presence of a new romantic interest.
CAN I RELOCATE TO ANOTHER AREA WITH MY CHILDREN, IF GIVEN CUSTODY?
Possibly, there are many factors that the Court will consider when making a determination as to whether a parent may relocate with the children and major battles are fought over this issue but such permission can be granted. Every case is unique, but if you are going to move more than 50 miles from your current residence, you will generally need either your former spouse’s consent or the Judge’s permission.
WHAT IF MY FORMER SPOUSE IS NOT PAYING CHILD SUPPORT, CAN I DEPRIVE THEM OF TIME SHARING?
No. According to Florida Statute, when a parent refuses to honor the time-sharing schedule in the parenting plan without proper cause, the Court may:
(a) Award the parent who was improperly denied timesharing extra timesharing to compensate for the timesharing that was denied. This make up timesharing will be scheduled in a manner that is most convenient for the parent who was denied timesharing and at the expense of the parent who denied the timesharing.
(b) Order the parent who improperly denied timesharing under the time-sharing schedule to pay reasonable court costs and attorney's fees incurred by the non-offending parent to enforce the time-sharing schedule.
(c) Order the parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to attend a parenting course approved by the judicial circuit.
(d) Order the parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to do community service if the order will not interfere with the welfare of the child.
(e) Order the parent who did not provide time-sharing or did not properly exercise time-sharing under the time-sharing schedule to have the financial burden of promoting frequent and continuing contact when that parent and child reside further than 50 miles from the other parent.
(f) Upon the request of the parent who did not violate the time-sharing schedule, modify the parenting plan if modification is in the best interests of the child.
(g) May impose any other reasonable sanction as a result of noncompliance.
HOW OLD DOES THE CHILD HAVE TO BE BEFORE THEY CAN DECIDE WHOM THEY WANT TO LIVE WITH?
Children do not have the right to decide at any age. But a Court may well consider the wishes of a child depending on age and maturity level of a child. The Court must initially grant the child permission to testify before the Court and each such request is decided on its own merits.
WHAT IF THE CHILDREN BORN DURING THE MARRIAGE ARE NOT THE CHILDREN OF BOTH PARTIES?
Children born during the parties’ marriage are presumed to be the children of the parties’ unless that presumption is proven otherwise. The proof can be in the form of a blood/DNA test result or other testimony or proof, but in general scientific testing is the best evidence. Note that it would be extremely complicated to return after a divorce and claim that a child was not a child of the parties’.(Although it may be possible if fraud was involved).