Video answers from Jacksonville family law attorney A. James Mullaney about parenting time issues in Florida family law.
What is Time Sharing?
Transcript
Florida no longer uses the term visitation when referring to the time that a parent would spend with their child. Florida also no longer uses the term custody. The concepts are similar, but the names have changed. Now parents share time with their children. A time sharing schedule s required in each paternity case and divorce case with children. the schedule will discuss what happens on weekends and weekdays during the school year and what happens over Christmas, summer and spring breaks. The various holidays that the family celebrates are also mentioned. This time sharing schedule is usually contained in another document called a Parenting Plan.
In Florida, what is a Parenting Plan?
Transcript
A Parenting Plan is essentially a very detailed time sharing schedule. Parenting plans are required in paternity cases and divorce cases involving children. The Parenting Plans that I prepare are usually between 12 and 15 pages. They typically address the issues of who makes the decisions about the child, when does each parent see the child, how do the parents communicate, how do the parents and the child communicate when they are not together, how and where the child will be picked up and dropped off, and notification and scheduling of vacations. Most parents do find their parenting plan to be quite detailed, but helpful in the long run.
Do parents need to follow their Parenting Plan at all times?
Transcript
No, there can be times when you do not have to follow the terms of your Parenting Plan. In fact, most parenting plans include - or should include - language that states that the parties may temporarily alter their Parenting Plan as long as they both agree on the change, For example, suppose that under the terms of a Parenting Plan a father is supposed to have his child for the entire month of July every summer. After a few years, the parents agree that for the next year the father will get 2 weeks in June and 2 weeks in July instead of the whole month of July. They are allowed to agree to this change. There is no requirement to go back to court and get the judge's approval. However, if you do not get judicial approval, then the agreement only lasts as long as both parents agree to the change. If either parent later wants to stop the new schedule, they have to go back to the father getting the whole month of July. Lastly, I always encourage clients to verify - at least with an exchange of emails - all changes to their Parenting Plan.
What is the Difference between Joint and Sole Legal Custody?
Transcript
First, custody is not a word that is used by the Florida Statutes anymore. Now the term is parental responsibility. Parental responsibility means who makes the decisions regarding a child. It does not have anything to do with how much time each parent spends with the child. in almost every case, the parents get shared parental responsibility. In my experience, sole parental responsibility is reserved for those cases where one parent is seriously deficient in their ability to be a good parent. This is very often the result of ongoing drug use or criminal activity.