Family Law

For couples with children and assets such as a home, retirement plans, 401K plans and other investments, divorce can become a complicated process; even when the couple desires to be divorced and have agreed upon the division of property and shared custody of the children.

Except in cases where one of the parents has proven himself or herself to be grossly negligent or a direct danger to the child, the State of Florida believes a child’s best interest are served when both parents can be involved in the child’s life.

Whether you are divorcing parents or have a child in common with someone to whom you were not married, having a formal parenting plan, submitted through the courts, is beneficial to both parents in that it provides a framework to act around, and a means for legal recourse in the event the other parent fails to live up to the terms of the agreement. Parenting plans can also be modified if circumstances change.

Because the Florida courts no longer consider either parent to be innately superior to the other, family attorneys in Florida prefer the term “Time-Sharing Plan” in lieu of “Child Custody Agreement.” The concept, however, is somewhat identical. The time-sharing plan is a schedule of hours the child or children spend with each parent, including where they will spend the night during visits. The time-sharing plans can also outline the details of where and when the children will be transferred, which is particularly beneficial in contentious relationships.