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DeChristopher Law

Law Office of Kathleen A. DeChristopher, Esq., P.A.

Child Custody Big Picture

Child Custody

There is big news in Florida child custody law!

The Florida law that governs divorce, custody, and related family matters has been rewritten. This revision affects the way custody cases are decided. The new law eliminates many of the old words and titles used in previous custody decisions.

There will no longer be a "Primary Residential Parent" and a "Secondary Residential Parent." The new designation for both the Mother and Father is "Parent." Go figure! This is an attempt to equalize the importance of both parents. The old terms understated the role the Secondary Parent played in the life of their children.

The term "Visitation Plan" has also been done away with. Now, the terms "Parenting Plan" and "Time-Sharing" will be used. Again, this is an attempt to encourage courts to craft parenting arrangements allowing both parents a greater role in their children's life.

Factors Relative to Time-Sharing and Parenting Plans

In Florida, the primary focus in time-sharing and parenting plan proceedings is the best interests and welfare of the child. Factors a court will consider include:

  • capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required
  • The moral character and mental and physical health of each parent
  • Whether there has been child abuse.
  • The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child
  • The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child
 

We will work with you to identify factors relevant to time-sharing and parenting plan determinations and help you to communicate those factors and your situation to the court.

Avoiding a Battle

Attorney Kathleen A. DeChristopher knows how destructive time-sharing battles can be. She hopes parents feel the same way in that they truly don't want to fight over their children. With that in mind, the Law Office of Kathleen A. DeChristopher, Esq., P.A. helps clients negotiate time-sharing arrangements and parenting plans. This approach often saves time, money, and heartache, and makes the children's best interests paramount. If it does become necessary to litigate these issues, Attorney Kathleen A. DeChristopher is ready to prepare your time-sharing issues for trial to the fullest extent, making use of necessary child parenting experts, including therapists, child parenting evaluators, Guardians Ad Litem, and parenting coordinators.

For further information, please select the links; Parenting Plan and Time-Sharing

Contact Us

For more information or to schedule an appointment with an experienced lawyer regarding your time-sharing disputes, please contact us online or call our Fort Myers office at 239-634-9715