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Defining Child "Custody" & "Time-Sharing"  Florida Family Law

If you are anticipating a contested divorce or if you are unmarried with children and establishing paternity, it's important to understand the legal terms used regarding the children. What used to be termed "custody" has now been replaced by the legal terms "parental responsibilities" and "time sharing." In many Florida family law cases, particularly in high conflict and contested divorce or custody cases, the courts will determine the legal relationship between each parent and child when the parents cannot agree. Below you will find the different types of custody that will be considered. Equal time-sharing & Time-sharing, Many Florida courts lean towards a 50/50 timesharing schedule for parents. It provides for the physical and legal custody of the child or children.

Timesharing Defined

Timesharing is the amount of time each parent will spend with the children. Parents are required to fill out a parenting plan which becomes a part of the final judgement. When the parents cannot reach an agreement on time sharing, the courts will make this decision and allocate the amount of time they deem appropriate based upon the children's best interest. Read more: Time sharing

Resolving High Conflict or Contested Custody & Timesharing

Divorce is a highly emotional time for families. Unmarried parents also experience conflict with regards to custody and timesharing. It's important to be focused on the best interests of the children. It remains however, that custody and timesharing conflicts are the most contested areas of family law. Many times there are very valid reasons to contest "equal" timesharing. Some of these reasons are as follows:

Parental allienation - Parental allienation is never in the best interest of the child. Parental allienation can arise when one parent seeks to seperate the other parent from the child, isolate or turn the child against the parent.

Unfit Parents - It's common to accuse a parent of being unfit in an effort to obtain more time-sharing or to obtain sole custody. Sadly, there are unfit parents, but there are also parents who will make these claims to obtain more timesharing, thus to reduce their support obligation or increase the amount of support received. If you are concerned about your child being in an unfit situation, it is best to consult with a Tampa family law attorney for advice. Again, doing what is in the best interest of the child is crucial.

Domestic abuse - Domestic and sexual abuse of you or your children is a serious matter. If you are in an abusive situation, the first step is to seek out support and to speak with a family law attorney for advice. A history of domestic abuse can certainly effect timesharing and custody outcomes. If you are divorcing and have suspected abuse, you must report it to the appropriate agencies.

False claims of domestic abuse- There are cases where a parent will make false allegations of sexual or domestic abuse against the other parent. This is not only against the law to make false statements to obtain favor in a family law matter, but it is also a form of parental allienation.

Frequently, parents who are in high conflict child custody and timesharing cases will do things that you never thought they would, disregarding the best interests of the children. Rather one parent seems more focused on winning or gaining more favorable financial outcomes. Unfortunately when this is the case, the children inevitably lose. Hiring a Tampa family law attorney who can address the conflicts you are having is the first step to resolving these problems.

Nilo J Sanchez is an experienced family law attorney in Tampa with a proven ability to manage high conflict divorce and family law cases. For a consultation call 813-879-4600.

TAMPA FAMILY LAW & CHILD CUSTODY LAWYER - PROTECT YOUR PARENTAL RIGHTS!

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