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500 Village square crossing, #103 Palm Beach Gardens, FL 33410
Grant J. Gisondo, P.A. – Family Law Attorney

Parenting

How to Modify a Parenting Plan in Florida: A Step-by-Step Guide

Parenting plans are vital in outlining how divorced or separated parents share responsibilities and time with their children in Florida. However, life circumstances can change, necessitating adjustments to these plans. Florida law provides a structured process for modifying parenting plans to reflect new realities while prioritizing the child's best interests. Step 1: Determine Eligibility for Modification Before initiating a modification, assess whether your situation qualifies under Florida law. To modify a parenting plan, you must demonstrate: A substantial, material, and unanticipated change in circumstances since the original plan was established. That the proposed modification serves the best interests of the child. Common qualifying...

Navigating Co-Parenting After Divorce in South Florida

Tips for Success Co-parenting after a divorce can be challenging, but with the right strategies, it’s possible to create a healthy, supportive environment for your children. In South Florida, as in other parts of the country, co-parenting requires communication, cooperation, and a focus on the well-being of your children. Whether you’re just starting your co-parenting journey or looking to improve an existing arrangement, here are practical tips for building a successful co-parenting relationship. Prioritize Open Communication Effective communication is not just a key aspect, but the cornerstone of any successful co-parenting relationship. Even though your marriage has ended, your role as co-parents remains,...

Summer Timesharing in a Parenting Plan

How to manage when your school-age children are not in school Trying to figure out how to manage timesharing with your school-age children when they are not in school, especially during the several weeks of summer vacation, is a challenge. Typically, when parents of minor children (children from birth to l8 years and beyond if a child is unable to support themself for physical or mental reasons) are going through a divorce or separation, there will be what is called a parenting plan created. This plan can be formed at mediation by the parents themselves, or if the case goes before...

Why is it so Important to Take Your Timesharing?

For many years when there was a permanent separation or a divorce, if there were minor children, either biological or adopted, the court would appoint or order one parent to have primary custody while the other parent had visitation rights. Minor children were all children ages birth to age l8, and beyond if there were medical or mental reasons the child could not support themselves. Along with the right to have the minor child live exclusively with one parent came the right for the custodial parent to make all decisions for the child’s welfare, including major ones like education, medical,...

Timesharing In the New Year. How to Make Things More Peaceful

Peace on earth and a Happy New Year is wished to many from family and friends. However, for those who have minor children (children born or adopted to the couple from birth to age 18 and beyond if a child cannot support themselves for physical or mental reasons) and have gone through a divorce, there is often not such a peaceful outlook for the new year. Unfortunately, both for the parents and the children, there is often little peace when it comes to timesharing. Timesharing is how most courts now handle who and where the child will sleep each night....

Myths In the Law: There Is No Favoritism in The Law

For many years it seemed when it came to parents of minor children seeking custody and child support following a divorce or separation that the courts generally ruled in favor of the mother receiving primary custody and the father paying child support. Times have changed. There is no longer favoritism when it comes to the care and nurturing of minor children. In the state of Florida Family Court has a motto, “In the best interest of the child,” and this saying is translated into how minor children are cared for and who is responsible for paying child support. To be...

What is the Role of a Forensic Psychologist in Child Custody Cases?

Before looking at the role of a forensic psychologist in child custody cases, it makes sense to look at the definition of a forensic psychologist and what their role is. As defined by the American Psychology Association, it is “the application of clinical specialties to the legal arena.” In other words, according to author Jane Tyler Ward, Ph.D., forensic psychology is “the physiological assessment of individuals who are involved in one way or another with the legal system.” She goes on to say the most important skills a forensic psychologist must have are solid clinic skills that include “clinical assessment,...

The Importance of Choosing the Right Mediator During Litigation

Mediation is the agreeing of two parties to solving a legal issue such as a divorce or child support modification by the process of compromise. Each party is usually represented by their attorney, who helps the party look at all offers and consider if a compromise can be reached, and the issue solved. Reaching an agreement in mediation is less expensive than going to court, both in legal fees and court costs. Additionally, In mediation, the parties have control over the outcome of their litigation rather than a judge deciding for them. The mediation transcripts are private and cannot be...

Should You Tell Your Children You Are Getting Divorced?

The answer to this question is really more when you should tell your children you are getting divorced. Eventually, even a very young child will find out Mommy and Daddy do not live together anymore. What is important is to think about a number of considerations before sharing the sad news with your children. Here are some tips to help you think through and decide how best to share the news about the divorce. First and foremost, you should, as parents, work together to decide when it is best and when how to tell your children about the divorce. Hopefully,...

How to Effectively Coparent DURING a Dissolution

Dissolution refers to the now used term dissolution of marriage that replaces the term divorce. Dissolution comes from the word dissolve, which in effect is what happens to a couple’s relationship. When minor children are involved by virtue of the fact they were born to or adopted by the couple, there are dynamics involved requiring co-parenting. Minor children are children from birth to eighteen years or longer if a child is unable to support themselves independently for physical or mental reasons. When a dissolution, divorce, is final, there will be a shared parenting plan and parental timesharing schedule legally in...

20 Factors the Court Considers in Order Timesharing with a Minor Child

In Florida, when it is determined that biological or legally adoptive parents are fit physically, mentally, and have not been convicted of child abuse or domestic violence, or are incarcerated, the care and nurturing of minor children (children birth through eighteen or longer if a child cannot support themselves) will be granted by a timesharing order. There are 20 factors that the court considers when drawing up the timesharing order. These factors are all contained in Florida’s Statute 61:13. The following paraphrase for each factor will help you understand how a judge will look at each timesharing situation. Show parents...

Mediation can be a Win, Win for Both Parties

In many states, including Florida, mediation is required for most cases before the case can be scheduled for a court date. This is done for a variety of reasons which, in the end, if mediation is successful, can be a win, win for both parties. Mediation is where both parties and their attorneys try to agree on the outcome of the case in question. A trained mediator, often an attorney, will keep the conversations on track and remind the parties how important it is to seriously consider compromise in order to resolve the issues. Taking a look, for example, at...

How to Live with Your Spouse While Going Through a Divorce

Living with a spouse while going through a divorce is rarely an easy thing to do. To begin with, the very fact you and your spouse have deemed your marriage irrevocably broken means you no longer desire to be together permanently. This being said, it would not usually be the desire of a couple to continue to live together in the same home. In most instances, each party has his or her own residence while going through a divorce and most certainly after the divorce is finalized. Occasionally, however, some circumstances make it necessary for a couple to continue to...

Social Media Posts and Photos Can Be Used Against You in Court

Social media, the blessing, and curse of the modern world. YouTube, Facebook, Tumbler, Twitter, Snapchat, Instant Messenger, Linkedin, Instagram, and Pinterest are examples of social media options. It is amazing to be able to talk with and see people around the world. You can take videos of activities, people, and just about anything the mind can think up. Information is non-ending, and music and art abound. Authors Marisa A. Tradatti and Anna C. Horevay  write, “There is a whole generation of people for whom tweeting is as natural as breathing, for whom the word ‘friend’ has become a verb and...

What is a Retainer? Why Do I Have to Pay One?

A retainer, in the legal sense, is an up-front fee paid by a potential client to ‘’retain” or hold the time and expenses an attorney may need to litigate a case properly. The definition of payment by retainer provided by the Legal Information Institute is “A fee that the client pays up-front to an attorney before the attorney has begun work for the client.” A specific outcome is not guaranteed, but rather the attorney will be working on the client’s behalf until an outcome is reached. There are three types of retainers: Retaining fee: an up-front retaining fee held by...

How Might Virtual Learning & Remote Work Affect Shared Parenting & Child Support?

Due to the COVID pandemic, working from home and virtual learning has now been in effect for many months and, in some areas, is still an everyday occurrence. In fact, some soothsayers are predicting that this change in the way we live is becoming the new norm. In many instances, schools and businesses are finding it financially beneficial to keep doors closed, and students and employees studying and working from home. For some, this change in venue is welcomed, but for many, especially those who depend on parenting plans and child support, there are and will continue to be possible...

What Should You Bring to Your Initial Consultation?

To better understand what you should bring to your initial consultation, it Is necessary to understand what an initial consultation with an attorney is designed to accomplish. There are several things to consider: An initial consultation is not a time when an attorney will be giving direct advice involving your potential case. Instead, it a time for you to present the reasons you need an attorney and for the attorney to listen and make suggestions as to how he or she can be of help in getting you the outcome you hope for. As no one can know the mind...

Why an Attorney Will Not Give You Legal Advice in a FREE Consultation

When considering this question, the first thing to clarify is the difference between advice and information. Advice: as defined by online Find Law states, “Legal advice refers to the written or oral counsel about a legal matter that would affect the rights and responsibilities of the person receiving the advice. In addition, actual legal advice requires careful analysis of the law as it applies to a person’s specific situation—as opposed for speculation based on generic facts.” Here an attorney would learn the specific facts of a client’s case and do research to determine how best to proceed. Often just getting ready...

What to Know When a Child Flies to Visit Parents During COVID

Life must go on even during the current COVID pandemic. This life includes the timesharing orders between parents of minor children. When it is nice if both parents live in the same geographical area, it today’s transient society, it often happens that parents live miles and sometimes states apart. As most parental timesharing plans include instructions on allowing minor children to visit, even when many miles separate them, it is important to understand how a minor child can fly between parents. If a minor child needs to fly without an accompanying adult, the child is considered an unaccompanied minor, and...

Meaning of Continuity of a Stable, Satisfactory Environment Regarding Timesharing

Parental timesharing for minor children has, in most states, including Florida, replaced the practice of custody for minor children where there is a primary or residential parent and a secondary or nonresidential parent. Over the years of experience and research, it has been proven that children develop to their best potential when they are cared for and nurtured by both parents. Unfortunately, in perhaps the majority of families in the US, both parents are not together whether in marriage or a living arrangement. The practice of primary and secondary custody simply does not allow a child equal access to and...

Preparing for the Holiday Timesharing-Review

It’s hard to believe that another year, particularly such a difficult one, is fast approaching what is called the “holiday season.” These special times of celebration include Labor Day, Halloween, Thanksgiving, and Christmas. All these events are traditionally family-oriented, and children play a large part in the celebrations. All ages of children, young and old, usually participate, but those children under the age of l8 and those unable to provide for themselves due to physical or mental challenges, have a particularly important role to play. And, of course, it is not unusual for both parents to want to spend these...

Can We Settle the Case Without Attending Mediation?

For a direct answer to the question, “Can we settle the case without attending mediation?” the answer is “yes.” Mediation, according to The Free Dictionary by Farlex, is “a settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreements” For example, mediation is used in Family Law for such cases as dissolution of marriage (divorce), child support, parental timesharing, parenting plan, and modification of alimony, child support, and parental timesharing and parenting plan. In fact, in some states such as Florida, mediation is...

If I Have Equal (50/50) Timesharing, Is Child Support Still Calculated?

Over the past few years, in most states, parental timesharing has taken the place of ordering primary and secondary custody for minor children. Minor children are children from birth to l8 years, and any child past that age who is mentally or physically unable to provide for themselves. Having both parents involved in the care and nurturing of their children has been proven to be highly beneficial to a child’s healthy development. And, the best arrangement is when an equal or 50/50 timesharing agreement is reached. But what about child support? Will there still be a need to calculate child support...

Must We Attend Mediation?

Must we attend mediation? If you live in the state of Florida and plan to divorce (dissolution of marriage), have a minor child (child under the age of l8 or a child who is unable to provide and care for him or herself) and are looking to set child support and or timesharing including developing a parenting plan, or are needing to return to court for modification of alimony, child support, or timesharing and the parenting plan, you will need to attend mediation before setting a court date. This is true in almost every Florida jurisdiction. Why does Florida lean so...

How to Dress for the Courtroom

Dress for success. This can be said emphatically for those who are having their day in court, be it attorney, client, or witness. So often, people form judgments based almost entirely on their first impression of another person and can be a plus or a minus depending on the opinion formed. For example, should a client be dressed in poorly fitting, unpressed clothes with unshined shoes to match or an attorney dressed in a suit that doesn’t quite button over the midsection, a judge or jury could form the opinion of the person not being serious about the issues at...

Did You Know? The Court Must Approve All Parenting Plans

All parenting plans in the state of Florida must be approved by the court. This fact is important as not only must the parenting plan be approved by the judge when shared parenting, parental timesharing case is heard in court but also when a parenting plan is part of a marital agreement signed following a mediation. Parenting plans created during mediation are usually accepted as written, but a judge does have the right to make changes as he or she deems necessary. A parenting plan is a written plan to determine how a number of issues involving the care and nurturing...

Modifying a Parenting Plan in Florida

Time marches on, and so do people. No matter how much a person would like to look into the future and find out what will happen, this just isn’t possible. When a parenting plan is drawn up both parties do so with the limited knowledge of what will happen in the future and how each thinks the requirements of shared parenting, including timesharing, will work the best in their particular case. All seems to go well for a while and then there are changes that may occur which can make the parenting plan as written become unrealistic and sometimes even...

Holiday Timesharing

Holidays are, for most families, some of the best times of the year. This is especially true for young children unless their family is extremely poor, so they feel left out when compared to other children. Children and grownups alike look forward to spending time together, and as in the case of birthdays and December holidays look forward to the tradition of gift-giving. But what happens when there is a divorce? How do children and parents share those special days? In many states, Florida included, when there are minor children (children from birth to age l8) involved, the state requires a...

How Florida Family Law Presumes Parental Love

Parents love their children equally, and there is no presumption in favor of the mother or father. These words are the premise on which Florida Family courts build their statutes regarding the care and nurturing of minor children following a dissolution of marriage (divorce) or separation of parents not married. What this statement means is that presumably a father and mother, or parents of the same sex, love each of their minor children with precisely the same amount of mental, emotional, and intellectual fervor. In reality, this is likely not quite the case for in many families one parent cares...

Divorces on the Rise?

Divorce, or dissolution of marriage as it is termed in most states, has, with little exception, been on the rise since the early 1900s when the divorce rate was around 5%. Back then, women had few rights and were usually not in a position to support themselves should they seek a divorce. Men were even allowed to abuse their wives as in the eyes of most people; the woman was the property of her husband. Slowly, as woman gained the right to vote, to own property, to get a university education, to work outside the home, and to have the...