HomeExpert Custody & Timesharing Legal Guidance Miami FL | De La Rosa Monroe Law Firm

Child’s Best Interest

Parental Responsibility establishes who makes decisions for your child.

Parental Responsibility is the designation of decision-making authority for your child’s well-being, such as medical care and educational choices. The Court may award Sole, Shared, or Ultimate Decision-Making Authority to a parent. Sole Parental Responsibility is reserved for unique circumstances. Most parents will receive Shared Parental Responsibility and must make decisions together about their child. Decision-making authority allows one parent to make the ultimate decision on a particular issue when the parents cannot agree. Parental Responsibility is not the same thing as timesharing. The time you spend with your child is separate from the authority you have to make decisions about them.

Timesharing Establishment

The Best Interest of a Child is the paramount guide to establishing a timesharing schedule. Each parent is entitled to daily contact with their child via phone, FaceTime, or other electronic methods. A parenting plan is developed to establish timesharing during the school year, summer, spring break, Thanksgiving, Christmas, and other holidays. Every timesharing schedule is unique to each family.

Negotiating a Divorce Settlement – Tips from a Lawyer

Timesharing
Modification

When the unexpected happens, timesharing may change. Perhaps you voluntarily changed the timesharing schedule based on your work schedule or the child’s extra-curricular activities. It is always best to document any changes with the Court, if you want them to be enforceable. If one parent is not following the timesharing schedule or the child is being substantially affected, there may be a need to change the schedule.

Temporary
Custody

There are times when one or both parents are not in the picture. The child needs health insurance, a permission form signed, or medical treatment and a grandparent, sibling, or extended family member must step in.

Relocation & Travel Requests

If you need to relocate with your child, you may need the other parent’s permission. We can assist you if you are looking to move away for a job, new spouse, or better opportunities for your child. If you’re looking to travel with your child, but can’t get a passport, we can help.

F.A.Qs

+ Can I move or relocate with my children if I do not know where the father is living?

It depends on your specific circumstances, on whether you already have a court order allowing the relocation, and on whether you have exhausted your efforts to locate the other parent. Generally, relocation beyond a certain distance requires consent by the non-relocating parent or an order of the court. There are specific requirements established by Florida Statute 61.13001 that must be met when a request for relocation is made.

+I want my children to go to a charter school, but their father/mother will not agree. What should I do?

This is something that you can agree to or negotiate through mediation when the initial parenting plan is established or you may seek a modification of school designation post-judgment. The court will consider several factors including the best interest of the minor child.

+ Can I get sole or full custody? What is the best interest of the minor child?

The physical custody and parental responsibility for a minor child is determined by the best interest of the minor child factors. It is the way that the court determines most issues related to children in a family case. The court will primarily consider the following:

(a) 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.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) 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.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) 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.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j) 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.

(k) 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.

(l) 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.

(m) 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.

(n) 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.

(o) 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.

(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) 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.

(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.

(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

+ My child is living with their grandmother/grandfather and I want to give them custody. What should I do?

You can establish temporary custody which allows a relative or another person that you trust to step into your shoes as the child’s parent and provides legal custody to that individual. Temporary custody requires that both parents give consent, if available, or that the court finds that a parent is unfit to care for the minor child. Contact us today to determine if this is the best course of action in your case.