In Florida, child custody and visitation are together referred to as “time sharing.” The state’s public policy is that children should have “frequent and continuing contact” with each parent after a divorce or separation except to the extent a court determines it would be detrimental. The experienced family lawyers at Tucker Mitnik P.A. help parents in the Melbourne, Rockledge and Brevard County area seek fair time-sharing arrangements. Since 1989, we have assisted local families in achieving negotiated settlements and in pursuing just results through litigation.
In deciding a time-sharing arrangement, a Florida court will either approve a parenting plan created by the parents or impose its own — based in either case on what is in the best interests of the child. The plan will establish one of the following:
A judge considers a number of factors when making a time-sharing ruling, such as:
We gather and prepare the evidence needed to demonstrate that our clients are well-suited to providing a stable environment and that the child will benefit from their sustained involvement.
Our firm drafts and negotiates time-sharing plans that protect our clients’ right to participate in decisions regarding their children’s education, religion, cultural identity, medical care, extracurricular activities and special needs. When there is a substantial and unanticipated change in family circumstances after the initial parenting time plan is established, we can petition for a modification.
Approving or modifying a parenting time plan becomes more complicated when parents live in different states or one parent plans a move. All 50 states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, under which a child custody matter is generally decided in the state where a child has lived for six months immediately prior to the legal action, or the state where the child and parent have the strongest home ties.
To relocate with the child across state lines, the residential parent requires either the non-residential parent’s formal approval or a court order. A parenting time arrangement that works for both parents may involve the child spending summer vacations or holidays with the non-residential parent and the majority of time with the residential parent. We are experienced in working out solutions that suit the child’s best interests while making sure parents’ obligations under the plan are reasonable.
The focused family law attorneys at Tucker Mitnik P.A. advocate for Brevard County, Rockledge and Melbourne parents dealing with child custody matters. To schedule a consultation, call us at 321-392-5239 or contact us online.