Child Custody Attorneys in Tampa
Creating & Maintaining Timesharing Agreements
Timesharing (formerly known as a child custody or visitation) is a separate and distinct issue. When settling timesharing disputes, courts look at the best interest of the child to determine how the child should share time between two fit and capable parents. At Devolder Law Firm, our Tampa child custody and timesharing lawyers will help you create an arrangement that works best for all parties involved.
The Supreme Court of the United States has recognized that the U.S. Constitution grants citizens a fundamental right to the care, custody, and control of their children, so local courts generally begin with the idea that parents are entitled to share time with their children equally in a 50/50 split. In Florida, some state senators are working to codify the presumption of 50-50 timesharing in state law, but this hasn’t happened yet. Today, the rule is simply that the court should do what is in the “best interest of the child.”
Call our office today at (813) 773-8233 to schedule your appointment.
Legal Factors that Influence Timesharing Decisions
The statutes outline numerous factors the court should examine when determining what, exactly, constitutes the child’s best interests.
These factors include:
- The demonstrated 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 anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
- The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to their own needs or desires.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of travel time required to enact the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
- The moral fitness of the parents.
- The mental and physical health of the parents.
- The home, school, and community record of the child.
- The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
- The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, including discipline and daily schedules for homework, meals, and bedtime.
- The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
- Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
- The parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
- The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
- The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
- Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.
While you may have many different reasons why you believe the timesharing arrangement you want is in your child’s best interest, these reasons can be very difficult to communicate to a judge, particularly in the short span of time that the court allots for hearings.
Having an attorney represent you can prove essential to your success in obtaining a time-sharing schedule that addresses your child’s best interests and works for you.
We’re Here to Help Create Legally Sound Arrangements
Our Tampa child custody attorneys base their legal solutions around our clients’ unique needs and circumstances with only their best interests in mind, and we excel when it comes to creating forward-thinking settlement agreements and parenting plans that minimize the need for later modifications, which is an important step toward keeping legal costs down.
Our firm acknowledges clients concerns about paying for an attorney. We keep hourly fees reasonable for the average suburban family.
Our firm is conveniently located in a suburban first-floor office building with easy-access parking, less than 5 minutes from i-75.
Our clients always come first. We take the time to get to know you and understand your case. We're always available when you need us most.
We consider both legal and practical solutions that will help you achieve your goals.
Our goal was to create a law firm that you can relate to, one that is convenient to your home and easy to communicate with.
We understand you need answers - we prioritize your needs and keep you up to date with your case every step of the way.