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| Parenting Plan &Time Sharing |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
| Free Initial Consultation |
Call the Wilson Law Firm Today at: (407) 648-5255
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advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Orlando divorce lawyer and Orange County Florida family law attorney today. The Wilson Law Firm, P.L. © 2010
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Orlando divorce lawyer and Orange County Florida family law attorney today. The Wilson Law Firm, P.L. © 2010
Orange County Florida Divorce - Parenting Plan :
The Firm handles divorce and family law cases involving parenting plan and
time sharing determinations and modifications. In Florida, the Court will
determine all matters relating to parenting and time sharing of each minor
child of the parties in accordance with the best interests of the child and in
accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.
Every case involving a parenting plan and time-sharing schedule is unique,
and in many cases, people who fail to seek legal advice about their individual
situation later discover that they have made critical mistakes due to a
misunderstanding of the law and how it relates to their unique situation.
If you are involved in a divorce or family law action with a parenting plan or
time sharing issue, you should speak with an experienced attorney to learn
about your legal rights and options, as well as the steps you can take to
protect your and your children's interests.
If you have a parenting plan or time sharing issue, Call the Wilson Law Firm Today at (407) 648-5255 to speak with
an experienced Orlando divorce lawyer about your individual situation. The following section contains some general
information about parenting plans and time sharing in Florida.
Changes in the Law - On October 1, 2008, modifications to Florida Statute 61.13 pertaining to Parenting and
Time-Sharing went into effect. The Courts must now approve a parenting plan that, at minimum, describes in
adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of
the child. The parenting plan must contain the time-sharing schedule arrangements that specify the time that the
minor child will spend with each parent, a designation of who will be responsible for any and all forms of health care,
school-related matters, other activities, and the methods and technologies that the parents will use to communicate
with the child.
Presumptions for the Mother or Father - There is no presumption for or against the father or mother of the
child when creating or modifying the parenting plan of the child. It is also the public policy of Florida to assure that
each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of
the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.
Parental Responsibility - In most cases, parental responsibility will be shared by both parents. This means
that the parents will discuss all of the major decisions regarding the welfare of the child. In certain cases the Court
may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those
responsibilities between the parties based on the best interests of the child. Areas of responsibility may include
education, health care, and any other responsibilities that the Court finds unique to a particular family. If the parties
cannot come to an agreement regarding a major issue, the Court will decide it for them. If the Court determines that
shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make
such arrangements for time-sharing as specified in the parenting plan as will best protect the child or abused
spouse from further harm.
For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a
parenting plan, including a time-sharing schedule, which governs each parent's relationship with his or her minor
child and the relationship between each parent with regard to his or her minor child, Florida Statute 61.13 states that
the best interest of the child shall be the primary consideration. Determination of the best interests of the child shall
be made by evaluating all of the factors affecting the welfare and interests of the minor child, including, but not limited
to:
1) 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.
2) The anticipated division of parental responsibilities after the litigation, including the extent to which parental
responsibilities will be delegated to third parties.
3) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the
child as opposed to the needs or desires of the parent.
4) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining
continuity.
5) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and
the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for
or against relocation of either parent with a child.
6) The moral fitness of the parents.
7) The mental and physical health of the parents.
8) The home, school, and community record of the child.
9) The reasonable preference of the child, if the Court deems the child to be of sufficient intelligence, understanding,
and experience to express a preference.
10) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of
the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and
favorite things.
11) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as
discipline, and daily schedules for homework, meals, and bedtime.
12) 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.
13) 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.
14) Evidence that either parent has knowingly provided false information to the Court regarding any prior or pending
action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
15) The particular 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.
16) The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and
extracurricular activities.
17) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free
from substance abuse.
18) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by
not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the
child, and refraining from disparaging comments about the other parent to the child.
19) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent
to meet the child's developmental needs.
20) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing
schedule.
Location of the Child - The Court has jurisdiction to approve, grant, or modify a parenting plan, notwithstanding
that the child is not physically present in this state at the time of filing any proceeding, if it appears to the Court that the
child was removed from this state for the primary purpose of removing the child from the jurisdiction of the Court in an
attempt to avoid the Court's approval, creation, or modification of a parenting plan.
Records - Access to records and information pertaining to a minor child, including, but not limited to, medical,
dental, and school records, may not be denied to either parent. These rights apply to either parent unless a Court
order specifically revokes them, including any restrictions on these rights as provided in a domestic violence
injunction.
___________________________________________________________
Please review the following Florida Statutes for some more information on Parenting Plans and Time Sharing in
Florida:
Florida Statute 61.13 - Support of children; parenting and time-sharing; powers of court.
Florida Statute 61.13001 - Parental relocation with a child.
Florida Statute 61.20 - Social investigation and recommendations regarding a parenting plan.
Florida Statute 61.21 - Parenting course authorized; fees; required attendance authorized; contempt.
Florida Statute 61.401 - Appointment of guardian ad litem.
Additional Parenting Plan, Time Sharing, Divorce & Family Law Statutes
NOTE: Florida Statutes are modified and updated from time to time by the Florida Legislature and Governor and
the latest version of the Florida Statute may not be posted on this website. In addition, you should consult with an
experienced Florida Divorce and Family Law Attorney to understand how the Florida Statutes apply and interact with
Florida case law, Florida Family law Rules of Procedure and other applicable laws and Florida Statutes.
For more information on Florida divorce and family law, Call the Wilson Law Firm Today at (407) 648-5255 to speak
with an experienced Orlando divorce attorney about your situation or to schedule a Free Initial Consultation. The
Wilson Law Firm represents individuals in divorce and family law cases in the Central Florida area, including the
cities of Altamonte Springs, Apopka, Astatula, Bay Lake, Belle Isle, Casselberry, Celebration, Christmas, Clermont,
Eatonville, Edgewood, Eustis, Kissimmee, Lake Buena Vista, Lake Mary, Longwood, Maitland, Mount Dora, Ocoee,
Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well as Lake
County, Orange County, Osceola County, Seminole County, and Volusia County, Florida.
The Firm handles divorce and family law cases involving parenting plan and
time sharing determinations and modifications. In Florida, the Court will
determine all matters relating to parenting and time sharing of each minor
child of the parties in accordance with the best interests of the child and in
accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.
Every case involving a parenting plan and time-sharing schedule is unique,
and in many cases, people who fail to seek legal advice about their individual
situation later discover that they have made critical mistakes due to a
misunderstanding of the law and how it relates to their unique situation.
If you are involved in a divorce or family law action with a parenting plan or
time sharing issue, you should speak with an experienced attorney to learn
about your legal rights and options, as well as the steps you can take to
protect your and your children's interests.
If you have a parenting plan or time sharing issue, Call the Wilson Law Firm Today at (407) 648-5255 to speak with
an experienced Orlando divorce lawyer about your individual situation. The following section contains some general
information about parenting plans and time sharing in Florida.
Changes in the Law - On October 1, 2008, modifications to Florida Statute 61.13 pertaining to Parenting and
Time-Sharing went into effect. The Courts must now approve a parenting plan that, at minimum, describes in
adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of
the child. The parenting plan must contain the time-sharing schedule arrangements that specify the time that the
minor child will spend with each parent, a designation of who will be responsible for any and all forms of health care,
school-related matters, other activities, and the methods and technologies that the parents will use to communicate
with the child.
Presumptions for the Mother or Father - There is no presumption for or against the father or mother of the
child when creating or modifying the parenting plan of the child. It is also the public policy of Florida to assure that
each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of
the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.
Parental Responsibility - In most cases, parental responsibility will be shared by both parents. This means
that the parents will discuss all of the major decisions regarding the welfare of the child. In certain cases the Court
may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those
responsibilities between the parties based on the best interests of the child. Areas of responsibility may include
education, health care, and any other responsibilities that the Court finds unique to a particular family. If the parties
cannot come to an agreement regarding a major issue, the Court will decide it for them. If the Court determines that
shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make
such arrangements for time-sharing as specified in the parenting plan as will best protect the child or abused
spouse from further harm.
For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a
parenting plan, including a time-sharing schedule, which governs each parent's relationship with his or her minor
child and the relationship between each parent with regard to his or her minor child, Florida Statute 61.13 states that
the best interest of the child shall be the primary consideration. Determination of the best interests of the child shall
be made by evaluating all of the factors affecting the welfare and interests of the minor child, including, but not limited
to:
1) 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.
2) The anticipated division of parental responsibilities after the litigation, including the extent to which parental
responsibilities will be delegated to third parties.
3) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the
child as opposed to the needs or desires of the parent.
4) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining
continuity.
5) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and
the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for
or against relocation of either parent with a child.
6) The moral fitness of the parents.
7) The mental and physical health of the parents.
8) The home, school, and community record of the child.
9) The reasonable preference of the child, if the Court deems the child to be of sufficient intelligence, understanding,
and experience to express a preference.
10) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of
the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and
favorite things.
11) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as
discipline, and daily schedules for homework, meals, and bedtime.
12) 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.
13) 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.
14) Evidence that either parent has knowingly provided false information to the Court regarding any prior or pending
action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
15) The particular 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.
16) The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and
extracurricular activities.
17) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free
from substance abuse.
18) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by
not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the
child, and refraining from disparaging comments about the other parent to the child.
19) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent
to meet the child's developmental needs.
20) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing
schedule.
Location of the Child - The Court has jurisdiction to approve, grant, or modify a parenting plan, notwithstanding
that the child is not physically present in this state at the time of filing any proceeding, if it appears to the Court that the
child was removed from this state for the primary purpose of removing the child from the jurisdiction of the Court in an
attempt to avoid the Court's approval, creation, or modification of a parenting plan.
Records - Access to records and information pertaining to a minor child, including, but not limited to, medical,
dental, and school records, may not be denied to either parent. These rights apply to either parent unless a Court
order specifically revokes them, including any restrictions on these rights as provided in a domestic violence
injunction.
___________________________________________________________
Please review the following Florida Statutes for some more information on Parenting Plans and Time Sharing in
Florida:
Florida Statute 61.13 - Support of children; parenting and time-sharing; powers of court.
Florida Statute 61.13001 - Parental relocation with a child.
Florida Statute 61.20 - Social investigation and recommendations regarding a parenting plan.
Florida Statute 61.21 - Parenting course authorized; fees; required attendance authorized; contempt.
Florida Statute 61.401 - Appointment of guardian ad litem.
Additional Parenting Plan, Time Sharing, Divorce & Family Law Statutes
NOTE: Florida Statutes are modified and updated from time to time by the Florida Legislature and Governor and
the latest version of the Florida Statute may not be posted on this website. In addition, you should consult with an
experienced Florida Divorce and Family Law Attorney to understand how the Florida Statutes apply and interact with
Florida case law, Florida Family law Rules of Procedure and other applicable laws and Florida Statutes.
For more information on Florida divorce and family law, Call the Wilson Law Firm Today at (407) 648-5255 to speak
with an experienced Orlando divorce attorney about your situation or to schedule a Free Initial Consultation. The
Wilson Law Firm represents individuals in divorce and family law cases in the Central Florida area, including the
cities of Altamonte Springs, Apopka, Astatula, Bay Lake, Belle Isle, Casselberry, Celebration, Christmas, Clermont,
Eatonville, Edgewood, Eustis, Kissimmee, Lake Buena Vista, Lake Mary, Longwood, Maitland, Mount Dora, Ocoee,
Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well as Lake
County, Orange County, Osceola County, Seminole County, and Volusia County, Florida.
|
Orange County Florida Divorce Attorney & Orlando Divorce Lawyer -
Orange County Florida Divorce Lawyer & Orlando Family Attorney
| Call Today: (407) 648-5255 |
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| Orlando Child Custody Attorney |
The Law Firm handles Child Custody,
Divorce and Family Law cases in the
Central Florida area, including Lake
County, Orange County, Osceola
County, Seminole County, and
Volusia County, Florida, and the cities
of Altamonte Springs, Apopka,
Casselberry, Clermont, Kissimmee,
Lake Mary, Longwood, Maitland,
Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Wintermere,
Winter Garden, Winter Park and Winter
Springs. If you need help with a
Alimony, Divorce or Family Law
matter, call the Wilson Law Firm
Today to speak with an experienced
Orlando Divorce Attorney and Orange
County Florida Child Custody Lawyer.
Divorce and Family Law cases in the
Central Florida area, including Lake
County, Orange County, Osceola
County, Seminole County, and
Volusia County, Florida, and the cities
of Altamonte Springs, Apopka,
Casselberry, Clermont, Kissimmee,
Lake Mary, Longwood, Maitland,
Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Wintermere,
Winter Garden, Winter Park and Winter
Springs. If you need help with a
Alimony, Divorce or Family Law
matter, call the Wilson Law Firm
Today to speak with an experienced
Orlando Divorce Attorney and Orange
County Florida Child Custody Lawyer.