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Grant J. Gisondo, P.A. – Family Law Attorney

Time Sharing

Home > Time Sharing

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...

What if My Spouse “Won’t Give Me a Divorce”?

There was a time, and in a few states, it is still true, if a couple wanted to get a divorce there must be a proven reason such as infidelity, abuse, abandonment, or mental cruelty. In Florida, for example, this is no longer the way divorce works. Now, if only one person in the couple wants a divorce, or dissolution of marriage as it is now termed, the court will grant their request. Florida is what is termed a “no-fault state.” While this sounds simplistic, it does not mean a person can just file for a divorce and get one without...

Timesharing Rights

Timesharing is the right of the minor child for frequent and continuing contact with the parents, not the parents’ right to see the child. It is, for this reason, the concept of doing away with primary and secondary custody and replacing this with parental timesharing, the main part of shared parenting, was instituted. Most states embrace parental timesharing, including Florida. It is still possible to have sole custody of a minor child in Florida if a parent is in jail, has been convicted of child abuse or domestic violence, is on drugs, or is mentally, emotionally, or physically incapable of...

Timesharing- what 50/50 Really Means and the Level of Parental Involvement

For many years the custody of minor children following a divorce or separation of unmarried parents was ordered by appointing one parent as the primary custodial parent and the other as a secondary custodial parent or a parent with visiting rights but not necessarily the right to have their child spend an entire night. As time has gone on and research is done in the area of what is best for a minor child in this difficult situation, it has been shown that children do best when they are cared for and nurtured by both parents on an equal basis....

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