By Scott Weiss, Esq. | Published September 15, 2021 | Posted in Child Custody, Parenting Plans | Tagged Tags: child custody, divorce, time-sharing agreement | Comments Off on Modifying a Custody Order or a Time-Sharing Agreement
Modifying a Custody Order or a Time-Sharing Agreement
Child custody or time-sharing arrangements that make sense at the moment of divorce can lose their luster over the years. Circumstances may change and unexpected developments can occur. Although small or temporary adjustments to the time-sharing agreement — such as a swap of vacation days — can be agreed upon by the parents without court Read More
Read MoreWhat Factors Does The Court Need to Consider When Establishing or Modifying Time-sharing?
Florida Statute 61.13 sets forth the following factors which a judge must consider for purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule: (a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the Read More
Read MoreIf a Mother has Sufficient Financial Resources to Raise a Child, Why is it Important to Establish Paternity?
Children need more than just financial support, even when their parents never formed a permanent relationship. Having a medical history of both parents can potentially save the life of a child in an emergency. Many biological fathers have a strong interest in the lives of their children, even if they cannot contribute financially. Florida paternity Read More
Read MoreHow Can I Accurately Calculate Child Support for Special Needs Children in Florida?
Florida divorce law places a primary focus on addressing all the needs of children when determining the details of divorce settlements. Toward that goal, the courts provide excellent tools to help parents identify the financial needs of their children — including considerations involving the need for anything from medical care to special schooling. However, it Read More
Read MoreModification of Timesharing Plan is Inappropriate as Sanction for Contempt
Often the Court is faced with the question of what sanction they should impose on a parent who is found in contempt of court for a violation of a parenting plan. As The Third District Court of Appeal recently found in the case of Andre vs. Abreu, one sanction the Court cannot impose is a modification of Read More
Read MoreBiological Father Has Standing To Rebut Presumption That The Mother’s Husband Is The Legal Father
On June 28th, the Florida Supreme Court ruled that a biological father has standing to rebut the common law presumption that the mother’s husband is the legal father of a child born to an intact marriage. The Court ruled that the biological father must show that he has “manifested a substantial and continuing concern” for Read More
Read MoreFactors the Court Must Consider If You Seek to Relocate With Your Minor Child(ren)
Unless an agreement has been entered a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. Below are the factors the Court must consider. a. The nature, quality, extent of involvement, and duration Read More
Read MoreVacation Planning For Divorced Families
Many of Florida’s divorced parents enjoy an equal or near-equal share of time with their children. A parenting plan should allow for parents to take their children on vacation with a bit of negotiation. When planning a vacation that involves extensive or international travel, it is a good idea to prepare well in advance, so Read More
Read MoreAre you a Disney Dad?
The role of the divorced father has evolved over the last 20 years. In most modern divorces, both parents share in the responsibilities of parenting the children they share, if not equally then nearly so. Florida modified the language of its divorce-related statutes to reflect the change in philosophy — from custody to time-sharing. The Read More
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