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

Time Sharing

Grant J. Gisondo, P.A. > Time Sharing

Post-Judgment Modifications: child support & timesharing Fl

Post-judgment modification means revisiting a case to hopefully change some of the final rulings. In Florida, two of the final rulings that can be modified post-judgment are child support and parental timesharing. It is important to understand that no final ruling can be changed by the parties involved, even if both parties agree amicably to the change. A post-judgment modification must be made back in family court, usually by the judge who made the initial decision. However, before returning to court, it is wise to enlist the services of a Marital and Family Law professional, as there are several requirements...

Domestic Partnership vs Marriage in Florida

What you need to know about same sex marriages and domestic partnership in Florida When explaining the difference between domestic partnership and marriage, it is necessary to look at the definition of each type of relationship. According to Wikipedia, the online dictionary: “A domestic partnership is an interpersonal relationship between two individuals who live together and share in common domestic life but are not married (to each other or anyone else).” Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their...

The Presumption of 50/50 timesharing

Is it going to actually pass as a law? The presumption of 50/50 timesharing is a hot topic concern in the halls of justice in Florida. For several years the family law community has been debating whether to take the 50/50 timesharing issue from letting a judge determine its usage for the care and nurturing of minor children to making this presumption a law. Several attempts have been made to have appropriate bills passed and signed, but to date, this has not happened. However, at present, there is a strong bill that is making its way through the Florida law-making process,...

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....

Holiday Timesharing Trumps Regular Timesharing Schedule

If you have gone through a divorce or separation involving minor children, you and the court will have established a parenting plan and a timesharing arrangement. The information included will be a part of your divorce decree ordered by a judge, and it must be followed, even during the holiday season. As the holiday season fast approaches, it is wise to read over your parenting plan and parental timesharing order details. Neither party can change any part of these agreements outside of returning to court for an official ruling by a judge to make a change. And then there must...

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...

Tips to Prepare for Your Day in Court

Going to court is often a scary thought, especially when you really have to go to court. Depending on your personal ability to handle stress can make a difference. There are, however, several tips for even the self-assured person to consider as he or she prepares for their day in court. Probably the most important tip is to make sure you understand what you and your attorney hope to achieve. In other words, what outcomes are you looking for, and what strategy does your attorney plan to take. Just letting your attorney fly alone can be a let-down if you...

Support Without Dissolution Under Florida Statute 61.09

Dissolution of marriage, i.e., divorce, is usually the vehicle that a spouse uses to receive child support and or alimony. However, there are instances when financial support is needed and rightfully deserved, but the needful party does not want a divorce. In such an instance, each state has its statutes defining how family law will be carried out. In Florida, there is a statute, number 61.09, which states, “If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is...

Is Your Case Ripe for a Modification? Here are the Standards You Must Satisfy

As with many situations in life, circumstances change as time goes on. This is true of court-ordered spousal support (alimony), child support, and time-sharing. When either party finds him or herself in a position where they think there is a need for modification, Florida Family Courts have very definite standards in place. Obtaining a modification is not easy, but it can be done. The following guidelines will help you decide if your situation will qualify for a hoped-for modification. However, it is always best to seek the advice and help of an experienced Family Law Attorney when seeking a modification...

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...

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...

Timesharing and Virtual Schooling during COVID

COVID continues to dominate the way our children are educated. In many states, Florida included, many schools are closed and those that can open do so on irregular schedules, sometimes children going half days or every other day. In addition to schools being closed or off a regular schedule, most school districts offer parents a choice whether to send their child to school or keep them home and do the schooling virtually. Most states offer several ways children can be schooled at home. All this being said, if parents are forced or decide to school their children from home, that fact...

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...

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...

Fla. Stat. 61.13 child custody factors

In Florida the term “child custody” is not used except in special cases such as when a parent is in jail, a parent cannot care for a minor child due to severe mental or physical illness, a parent has been adjudicated guilty of child abuse, sexual abuse, or domestic violence, or a parent has an active history of drug or alcohol abuse. If one or both parents are found to have the above strikes against them, then Family Court will give full care “custody” to the non-offending parent. If both parents are proven unable to care for the minor child,...

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...

Equal Time Sharing is Quickly Becoming the New Standard

For many years the idea that one parent, usually the mother, should be the primary caregiver for minor children following a divorce or separation was the norm. The primary caregiver was typically referred to as having “custody” while the other parent was referred to as noncustodial, having secondary custody. Often the noncustodial parent had very specific visitation rights with little or no overnights with their child. All decisions, major or minor, were made by the custodial parent without the necessity of input from the other parent. Obviously, this makes for a very one-sided developmental plan for a child as well...

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...

Does Divorce Have to be Filed in the Same State as Where the Marriage Took Place?

No, a divorce does not have to be filed in the same state as where the marriage took place. In fact, you would file for a divorce in the state in which you are a resident. But be careful, states have different requirements for establishing and claiming residency for a divorce, and sometimes counties within a state have their own resident requirements as well. Some states have several ways to establish residency for divorce, but most states have a basic amount of time as the requirement. The proof of residency requirements can be for the person filing for divorce, or...