Time Sharing

24 August

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

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Time Sharing

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...

Divorce attorney west palm beach garden fl

13 August

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Timesharing Rights

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Time Sharing

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...

28 June

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

Posted by Grant Gisondo

in Family Law, Legal Advice, Paternity, Time Sharing

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....

13 May

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Legal Vs. Ethical Obligations For Your Children

Posted by Grant Gisondo

in Child Support, Family Law, Time Sharing

No Duty To Pay For College, Car Etc. What does “duty” mean when it comes to paying for your children’s needs? First, let’s look at the legal definition for “duty”, the one found online at Black’s Law Dictionary: “In its use in Jurisprudence this word is the correlative of right. Thus, whenever there exists a right in any person, there also rests a corresponding duty upon some other person or upon all persons generally. But it is also used, in a wider sense, to designate that class of moral obligations which lie outside the jural sphere; such, namely, as rest upon...

06 April

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Using Social Media Evidence at Trial

Posted by Grant Gisondo

in Child Support, Legal Advice, Time Sharing

In the last 10 years the use of social media by persons worldwide has exploded to the point where “There’s a whole generation of people for whom tweeting is as natural as breathing, for whom the word ‘friend’ has become a verb, and for whom Web 2.0 is the only media platform they know” (writes authors Marisa A. Tradatti and Anna C. Horevay). Facebook now has over 1 billion users, which equates to over one seventh of the world’s population. Additionally, emails, blog posts and comments, texts, flicks, instant messenger, Craigslist, Tumbler, Snapchat, Pinterest, Twitter, You Tube, Instagram, and Linkedln...

05 April

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What Exactly Is The Best Interest of The Child Standard Defined and Meaning

Posted by Grant Gisondo

in Child Custody, Child Support, Time Sharing

For much of history, and indeed until the last forty or so years, the fate of a minor child, 18 being the age of emancipation, was totally in the hands of the parents or legal guardian. Minor children were “seen but not heard” and even in a courtroom setting decisions were made for them as to what was most convenient and in the best interests of the caregiving adults. Not so anymore. In fact, in many states, Florida being one of these, the standard for legal decisions involving minor children is “The Best Interest of the Child”. How is this...

02 March

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Enforcing a Marital Settlement Agreement

Posted by Grant Gisondo

in Alimony, Child Support, Family Law, Time Sharing

A Marital Settlement Agreement, as defined by Nolos Plain English Law Dictionary is “The document that sets out the terms of a divorce settlement between two spouses. The marital settlement agreement (MSA) is usually incorporated into the final judgment so that it has the force of a court order.” Areas covered in a MSA include division of marital property both real and personal, marital debt, alimony (spousal support), parental timesharing, and child support. And, depending on an individual case, other concerns such as relocation parameters, attorney fees, and/or a monetary settlement other than alimony may be a part of the...

10 May

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All About Relocation With a Minor Child – Part 3

Posted by Grant Gisondo

in Family Law, Time Sharing

What you need to know about temporary relocation. This final blog in the series relating to relocation with a minor child in the state of Florida will explain important information regarding the reasons for and how to obtain the courts permission for temporary relocation. As explained in the first two blogs it is considered breaking the law if a parent or person having timesharing with or access to a minor child chooses to permanently relocate for more than 60 consecutive days and a distance of greater than 50 miles without first obtaining permission to relocate from the court in the form...

15 April

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All About Relocation With a Minor Child – Uncontested (Part 1)

Posted by Grant Gisondo

in Family Law, Time Sharing

What steps to take when all parties agree uncontested, court ratified relocation In Florida, where and with whom a child lives following a divorce or dissolution of marriage as it is now termed, is determined by a parenting timesharing plan which is drawn up by the parties involved, worked out at a mediation (required before a judge will hear a case), or determined by a judge in court. Unless very strict guidelines require sole parental responsibility, Joint responsibility, better known as shared parental responsibility for the child, require both physically and in decision making is how, since 2009, Florida has determined what is “best for the child”. One...

relocation with a minor child uncontested

06 March

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Custom Parenting Plan

Posted by Grant Gisondo

in Family Law, Time Sharing

Why is a custom parenting plan, developed for a specific case, so important for the parents and child? In years past, actually prior to 2008, the Parent Timesharing guidelines were mandated in Florida Statutes to replace the terms “child custody” and “visitation”. Before the change, the where and with whom minor children were to reside and how much time each parent was to share with their child/ children was set up with one parent the primary parent. Even though the court did not intend for one parent to be superior to the other, it often turned out that the parent having...

10 February

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Modifying a Final Judgment as Related to Time-Sharing

Posted by Grant Gisondo

in Family Law, Time Sharing

Before looking at the actual modification process it is important to understand the terms Final Judgment and Time-Sharing. Final Judgment refers to the finished document signed by the judge overseeing the couples divorce or as it is now called, dissolution of marriage. It can also be the final document for separating, non-married parents seeking to have a court order defining the time-sharing of children resulting from their union. It will spell out exactly how much time each parent should have with their child/children and when this time should occur. Time-Sharing, formally called child custody, determines how much time and when each parent...