Child Custody Attorney in Tampa
Tamps Child Custody Lawyer 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.” Our Tampa child custody lawyer can help.
What is Timesharing in Florida?
Timesharing, formerly known as physical custody, is when a court allocates the time a child or children spend with each of their parents. The state of Florida does not recognize the term "custody" anymore, so "timesharing" and "parental responsibility" are used instead. These are intended to describe the legal relationship between a parent and their child or children. The timesharing lawyers in Tampa are here to help, so contact us online for a consultation.
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 experienced Tampa child custody 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.
Our Tampa Child Custody Lawyer Can Help
Our Tampa child custody attorney base their legal solutions around our clients’ unique needs and circumstances with only their best interests in mind, and our family law firm excels 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.
Complete our online contact form or call us directly at (813) 773-8233 to let us get started on your case. Our Tampa child custody lawyers are experienced and prepared to help you find the best solution for your unique circumstances.
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