How do Florida Parenting Plans Address Holiday Timesharing?

People whose parents divorced in the 1980s and 1990s probably remember that life settled into a rhythm, usually including living with Mom during the week and with Dad on the weekends, but that sparks always flew at Thanksgiving and Christmas, when extended family members visited, or when one parent wanted to take the children to visit out-of-town relatives during a holiday.  This is one of the major issues that Florida’s new parenting plans address. The parenting plan template has questions to address every school vacation, including winter break, Thanksgiving, and spring break. Parents can choose, as soon as they divorce, where the children will spend each holiday each year. For example, they can specify that, in odd-numbered years, the children will spend Thanksgiving break with Mom until Friday afternoon and then spend the rest of it with Dad, but in even-numbered years, they will be with Dad until Friday afternoon and then go to Mom’s house. Parenting plans even allow parents to allot certain times for children to stay with grandparents, and they can choose to grant certain holiday days to the grandparents.

In some ways, Thanksgiving is the simplest holiday to plan because it is always on a Thursday.  What about Christmas, which is always on the same date, but on different days of the week?  What about Hanukkah, which sometimes coincides with winter break and sometimes does not?  What about Islamic holidays, which, because the Islamic lunar calendar is 11 days shorter than the Gregorian calendar, vary not only by day of the week, but by month?  (For example, this year, both Eid al-Fitr and Eid al-Adha were during summer vacation. In 2000, Eid al-Fitr was between Christmas and New Year’s.) Florida’s parenting plans were made to be customized.  You can specify that each parent gets the children for four nights of Hanukkah, and that if it falls during a school week, each parent gets one non-school night of the holiday.

Ambiguity Breeds Conflict: Avoid Holiday Confusion with Alan Burton

It might sound like micromanaging, but the best way to avoid holiday stress is to make your parenting plan as specific as possible. Once your parenting plan is set, you can build your holiday plans around when the children will be with you, and when they will be with your ex-spouse. Contact Alan R. Burton in Boca Raton, Florida to discuss the holiday timesharing aspects of your parenting plan.

Details of the Angeli v. Kluka Case

When Alexander Girgis was 3 years old, he underwent adenoid removal surgery. (Adenoid removal surgery is a non-emergency surgery; it is quite common for children who suffer from recurrent ear infections or sinus infections when other treatments fail to resolve the problem.)  Dr. Evelyn Kluka is the surgeon who performed the surgery, and Alexander recovered without any complications. At the time of the surgery, Alexander’s parents were in the process of getting a divorce. Alexander’s mother was the legal guardian who consented to the surgery, since medical treatments on minor children require a parent’s consent.

Five days after the surgery, Dr. Kluka called Alexander’s father, Imad Angeli, to follow up about Alexander’s recovery. Alexander’s father said that he had never given his consent for the surgery and that he planned to file a lawsuit. In the lawsuit, he alleged that his ex-wife had misled the doctor about the father’s consent. It was not a typical malpractice suit because he did not allege that Dr. Kluka had performed an unnecessary surgery or that she had done the surgery incorrectly. The court did not accept the father’s complaint.

What the Law Says About Parental Consent for Medical Treatment of Children

Florida’s case law contains few examples of parents disagreeing about consenting to a child’s medical treatment. The examples that are present are unanimous in saying that the consent of one parent is sufficient to proceed with the treatment. Non-emergency medical treatment is one of the most important items in the Florida parenting plan agreement for exactly this reason. Parents must agree ahead of time which parent has the final say about non-emergency medical treatment for the children. Emergency medical treatment is a different matter. Decisions need to be made quickly, and whichever parent is present when the emergency situation arises has the authority to consent to the necessary treatment.

Contact Alan R. Burton About Parenting Plan Agreements

Drafting a parenting plan can involve many thorny issues, not least among them medical treatment. Contact Alan R. Burton in Boca Raton, Florida about how to draft a parenting plan that will effectively avoid conflicts between parents.

Unfortunately, though, things can get ugly in a divorce, especially when parents disagree about child custody arrangements. One parent sometimes argues that the other parent is unfit to spend a majority of the time with the children because of a pre-existing diagnosis of a mental health condition. If your former spouse does bring up your mental health history during divorce proceedings, will it affect the outcome of the case? Usually, it does not.

When Your Mental Health History Does Not Affect Parenting Plan Decisions

Under Florida’s current system of parenting plans, no two custody agreements are alike. The parenting-plan form is a multi-page questionnaire as long and complex as the longest tax forms.  Each decision regarding the children is a separate question; it is not simply a matter of one parent getting all or most of the custody of the children. The parents’ private health information usually does not factor into which decisions the judge approves in the parenting plan. The main goal is to cause as little disruption in the children’s lives as possible. Consider that, if a parent were undergoing treatment for a physical illness while the parents were married, most of the time it would not be a factor in the parenting agreement. The same usually applies to mental illnesses.  Furthermore, the parent’s psychiatrist cannot be asked to reveal the parent’s private health situation in court, except in the case of a true emergency, such as a suicide attempt or involuntary hospitalization.

When Your Mental Health History can Affect Parenting Plan Decisions

As stated above, a mental health emergency that happens during the divorce proceedings can become a factor in the case. Simply being treated for a mental illness currently or in the past is none of the court’s business. There is a considerable gray area where addiction is concerned, but if you are compliant with your addiction treatment and have a long record of sobriety since being diagnosed with an addiction, it should not preclude you from being able to spend a substantial amount of time with your children and having a strong voice in parenting decisions.

Contact Alan R. Burton About Child Custody Cases and Parenting Plans

If you think that a judge has unfairly used your mental health history against you, you can still seek to modify your parenting plan in a way that is more favorable to you. Contact Alan R. Burton in Boca Raton, Florida about amending your parenting plan.

The Children’s Best Interest

Every question related to a parenting plan is, at its core, about the best interest of the children.  Education is one aspect of child-rearing about which parents are likely to have strong opinions.  Some parents feel that sending children to a private school, even if it requires great financial sacrifice on the parents’ part, is the only way to ensure that the children study in a safe environment where teachers are genuinely invested in the children’s success. Others feel that private school tuition is an unnecessary expense and that parents could help their children more simply by saving money to help them with college tuition and other expenses related to early adulthood. The education issue is a perfect example of why parenting plans are individualized and not one size fits all.

In determining whether it is in a child’s best interest to continue attending private school after the parents divorce, judges tend not to take a position on whether the education the children will receive at a private school is better than what they would get at a public school. Rather, their aim is to cause as little disruption to the children’s lives as possible. If the children are already attending a private school, they have probably already formed friendships with their classmates and gotten used to having the teachers and school staff as a presence in their lives. Making them move to a different school would add another difficult adjustment to an already disruptive period in their lives.

Maintaining the Standard of Living

In determining amounts of spousal support and child support, judges take into account the family’s standard of living before the divorce. The idea is that it is not fair for one spouse to have to live much more modestly after the divorce than during the marriage, while the other spouse goes on with life as normal. Likewise, spending less time with the children after a divorce does not mean that you have less of a responsibility to support them financially. Forrest v. Ron was a Florida case involving child support obligations related to private school tuition. The court ruled that the parents had agreed to keep the children in private schools until they completed third grade; therefore, the children’s expenses, on the basis of which child support obligations were determined, reflected this.

Alan R. Burton can Help with Parenting Plan Questions

Every family is unique, and therefore, so is every parenting plan. Contact Alan R. Burton in Boca Raton, Florida if you think your parenting plan should be modified to better reflect your family’s needs and goals.

What has any of this to do with divorce in Florida? It turns out that many Florida divorce cases require parenting classes. In fact, mandatory parenting classes in Florida divorce cases are almost as routine as the one-day class for new drivers in Florida.

Mandatory Parenting Classes in Florida

It is common for Florida family courts to require Florida couples going through a divorce to complete the Parent Education and Family Stabilization Course before the judge will sign the final divorce decree. In fact, Florida courts require it of every divorcing couple that has minor children. Additionally, when a man who is not married to his child’s mother establishes paternity, the court requires both parents to complete the course.

If a court requires you to take a parenting course, it does not mean that the judge thinks you are a bad parent. It is simply to make sure that both parents understand the legal requirements and basic principles for co-parenting a child when the parents are not married to each other. In fact, the courts do not require the class for just one parent; they always require it for both parents.  The parents do not have to attend the class together, though, and in fact, they usually do not. The course is designed not to be a major burden on parents. The minimum length for the course is four hours; most of the time, the courses last just one afternoon or evening. While the law does not specify a price for the course, the course must not be prohibitively expensive. In practice, the usual price for a Florida parenting course is between $18 and $39.

Alan R. Burton Works With Family Law Cases in Florida

Completing a required parenting course is just about the only thing that is easy about divorce when you have minor children. For everything else, you need the help of an experienced family lawyer. Contact Alan R. Burton in Boca Raton, Florida about divorce and child custody.

There Is No One Size Fits All Parenting Plan

It is rare in Florida that judges award sole custody of the children to only one parent.  Besides, the word “custody” has more than one meaning in Florida law.  Physical custody refers to where and with whom the children reside most of the time, whereas legal custody refers to who has the authority to make important decisions about the children. Legal custody includes the right to choose which school the children attend, which medical treatments they receive, and which religious activities they participate in, among other important decisions. It is technically possible for one parent to have more time with the children while the other has the last word about their education and extracurricular activities.

Divorced couples with children must file Form 12.995(a) with the courts; couples who have children together but have never been married to each other must also file this form. The form, called a parenting plan, contains many details about physical and legal custody. Clearly, child custody is not a yes/no question, since the parenting plan form, minus instructions, is 13 pages long. The parents (or the judge, if the parents cannot agree) indicate how many nights per year the children spend with each parent and how to divide the responsibility of transporting the children to the other parent. They can even assign a certain number of nights with the children to another relative. The parenting plan sets out in detail where the children will spend each day of each school break. As for decision making, each decision (school choice, non-emergency medical treatment, day care, extracurricular activities, etc.) is a separate item. In fact, it deals with every aspect of parenting except child support payments.

Every family is unique, so no two parenting plans are alike. Some families even choose an option called bird’s nest custody. In this arrangement, the children stay in the family home, while each parent spends a different part of the week there. This type of custody arrangement is quite rare.  It only works if the spouses can cooperate well with each other. It is also virtually impossible if one or both parents remarries, as it would be disruptive to the stepparents.

Let Alan R. Burton Help You Navigate Your Parenting Plan

Alan R. Burton is a Palm Beach County family lawyer. Contact Alan Burton with questions about your child custody or child support case, no matter how complex.

The animosity between parents can lead to difficult situations with their minor children.  When a parent’s anger adversely affects the minor children, that particular parent may end up with restricted contact with their minor children.  When one parent suffers from anxiety or depression, their behavior may have adverse effects on their children.  In either one of these scenarios, a therapist might be called in to intervene, and make recommendations to the court as to future prospects for time sharing, if a parents rights have been temporarily restricted.

In Grigsby v. Grigsby, 39 So 3rd 453 (Florida 2nd DCA 2010), the mother suffered a suspension of her time sharing with her children.  The trial court failed to delineate what was required of the mother in order to reestablish her time sharing.   As a result of the trial court’s failure to delineate, the decision was reversed on appeal.

The Grigsby court then went on to state that the court must give the parent the key to reconnecting with his or her children, and that an order that does not set forth the specific steps a parent must take to reestablish time-sharing is deficient because it prevents the parent from knowing what is expected and prevents any successor judge from monitoring the parent’s progress.   A similar ruling was made in the case of Perez v. Fay, 160 So 3rd 459 (Florida 2nd DCA 2015).

Your children are the most important people in your life.  Whenever your divorce case involves minor children, and high conflict between the parents, you need the services of a calm attorney capable of diffusing the tension between the parents. Alan R. Burton, a Boca Raton divorce attorney with over 40 years of experience has the appropriate demeanor in cases with high conflict.  Call him today and 954-295-9222 for a free consultation.

In the absence of a statutory or contractual provision to the contrary, the proper method to measure the distance between 2 points is the straight line or quote as the crow flies” measure. If the distance using the straight-line test measurement is less than 50 miles, a move can be made by one parent without consent from the other parent or approval from the court. This would be true even if the move is 49 miles away.

However, simply because a move is less than 50 miles away, does not mean that other aspects of a parenting plan would be effected.  A move 49 miles away would most definitely effect the school boundaries, and therefore the school that the minor child would attend.  Does this mean that the moving or relocating parent has a right to change schools without obtaining the other parent’s consent?

The answer to this question is usually no.  Once parents enter into a parenting plan, they generally provide for shared parental responsibility on all major decisions effecting the welfare of their children.  Educational matters are considered major decisions.  Therefore, if a move will trigger the enrollment of the minor child in a different school, a discussion must be held with the other parent, and the consent of the other parent to change schools must be obtained prior to removing the child from his or her existing school.  In the event the other parent will not consent, the matter must be brought before the court for a determination as to the best interests of the child.

A discussion of these issues, which involve the interrelationship between these principles, can be found in the case of Dickson v. Dickson, 169 So. 3rd 287 (Florida 5th DCA 2015).

The Florida Supreme Court has approved a form for a Parenting Plan (Form 12.995(a) to be used in a divorce case or paternity case. Caution should be exercised when completing this form.  Although the form contains many multiple-choice type selections, the parenting plan can also include, and should include, specific matters that are unique to your own particular family situation.  An experienced divorce attorney in Boca Raton and Fort Lauderdale should always be consulted with prior to executing any parenting plans or other legal documents which will substantially affect the welfare of your minor children.  Attorney Alan R. Burton, a seasoned and experienced divorce attorney who deals with parenting plans and all other child related issues on a daily basis is ready to assist you now.  Call 954-295-9222 to speak with Mr. Burton today.

At a minimum, a parenting plan must include the following: (1) A description as to how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; (2) the time sharing schedule arrangements that specify the time that the minor child will spend with each parent; (3) which parent will be responsible for health care; (4) school related matters, including the address to be used for school boundary determination and registration; (5) other activities that the minor child may be involved with and who shall bear the expense of those activities; (6) the various methods in which the parents shall communicate with the child.

A parenting plan can be as detailed as the parents require, and can provide for any specific situation concerning the family.

The Court Can Establish a Parenting Plan

Often times it is difficult for the parents to reach an agreement concerning the time-sharing of their child. If the parties are unable to reach their own agreement, the court will establish the time-sharing schedule, as well as other matters regarding the parenting plan. The court will make the final determination considering the best interests of the minor child.

Parent should keep in mind that it is the public policy of the State of Florida 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 child rearing.

There is no presumption under Florida law that favors either the mother or the father in consideration of a parenting plan or time-sharing schedule.

Speak to an Experienced Divorce Attorney in Boca Raton for Help

Experienced divorce attorney Alan R. Burton fully understands the stress and trauma that is associated with the divorce process. Thinking clearly while under stress, especially when issues concern your children, is not always easy.  I can put you at ease with the experience I have gathered over the past 40 years, and assist you in creating a viable parenting plan that will work well for you and your family.   Feel free to call me directly on my cell phone at 954–295–9222 or my office at 954–229–1660 for a free consultation and for your peace of mind.

Before a court will grant your divorce, you and your spouse must settle numerous issues including:

• Property and debt division;
• Child support;
• Time-sharing and visitation;
• Parenting plans;
• Alimony.

If any one of those issues cannot be settled out of court, the divorce can be delayed as the court will have to decide for you. You and your spouse will have to present evidence to support your arguments for how you want to resolve the issue at trial and the judge will rule on the matter.

A recent divorce case demonstrates just how much a divorce case can be affected by adversarial disputes instead of cooperation. After 25 years of marriage, the wife of the founder of Cancer Treatment Centers for America filed for divorce. The filing occurred in 2009 and the case is still dragging on due to several disagreements regarding a prenuptial agreement, custody, and division of their millions of dollars in assets. The case has involved numerous hearings, appellate hearings, changes of lawyers, contempt orders, and other complications, and is now finally going to trial over asset and property division. In the meantime, both spouses have likely spent an enormous amount of money, stress, and time dealing with the divorce proceedings and have been unable to remarry since their marriage is not yet dissolved after more than six years.

Finding Ways to Come to a Resolution

It is unreasonable to expect every divorcing couple to agree on every issue. However, there are numerous ways to facilitate cooperation and agreement even if spouses do not initially agree. Some options for couples to resolve issues in a more efficient and amicable way include the following:

• Mediation;
• Collaborative divorce;
• Negotiation.

It is important to explore one or more of these options before you take your case to court for a more costly and time-consuming resolution. In addition, the above methods allow you to settle matters on your own terms because, when you go to court, the ruling is out of your hands.

Discuss Your Case With an Experienced Boca Raton Divorce Attorney Today

At the law office of divorce lawyer Alan R. Burton, we understand the importance of an efficient resolution in a divorce case so that you can move on with your life as soon as possible. However, we also know that agreement is not possible in every case. For this reason, we will help you explore every possible option to come to an agreement, however, are also prepared to represent you in court if it is necessary for a fair and favorable result for you. If you are considering divorce, please call us as soon as possible at 954-229-1660 for a free consultation.

In order to understand why this is the case, you should have a basic understanding of custody laws in Florida. First, there are two different aspects to child custody:

• Physical custody: the time you spend with your child visiting you or living with you; and
• Legal custody: the right to be a part of major decisions in the child’s life, including schooling, activities, religion, and medical care.

In Florida, physical custody is called “parenting time” and legal custody is often referred to as “parental responsibility.” How these rights are divided between parents is set out in a parenting plan that must be approved by the courts.

Florida law greatly favors joint parenting rights whenever possible and whenever it is in the best interests of the child. It is very difficult to demonstrate that denying one parent of any custody rights will be in the best interest of the child. Doing so will essentially terminate the rights of the other parent and that can only happen in very rare circumstances. Such circumstances may include a history of violent crime, serious abuse or neglect, substance abuse or addiction, or mental health disorders. Even under those circumstances, a court can allow the parent to have visits with the child that are supervised to ensure the child’s safety.

Trying to fight for sole custody requires you to show significant evidence that the parent is unfit to have any parenting rights to the court. Not only can these hearings involve airing personal dirty laundry in open court, but they can be extremely costly and time-consuming. An attorney can help you carefully consider if striving for sole custody is worth it in your situation. Instead of sole custody, you could seek one of the following solutions:

• Supervised visitation;
• No overnight visits with the parent if their lifestyle or living arrangement is questionable;
• The sole authority to make decisions for your child if the other parent cannot make rational and practical decisions.
• Shared custody with the condition of psychological evaluations or drug tests.

Contact a Knowledgeable Florida Child Custody Lawyer Today

While it may not be possible to obtain sole custody rights in many situations, there are cases that warrant such a determination. Boca Raton family law attorney Alan R. Burton will evaluate your situation and advise on whether seeking sole custody would be appropriate in your case. Even if you do not get full custody rights, we can fight to ensure proper restrictions are put in place to protect the wellbeing of your child. Please call for a free consultation at 954-229-1660 to learn more about our family law services today.

Determining how to share time and legal custody of children is not a simple matter and many parents may consistently argue over specifics of the arrangement. To avoid this, parents who have joint physical and/or legal custody over children must have a parenting plan approved by the courts. It is always preferable for parents to agree to the specifics of a parenting plan and then have the court approve it, as they know their child’s schedule and specific needs firsthand. Unfortunately, in some cases, parents cannot agree on all of the specifics of a parenting plan and the court must intervene and decide for them. No matter who decides the specifics, however, a parenting plan must include certain provisions.

Necessary Provisions in a Parenting Plan

The following are some terms that must be decided upon and put into writing:

• The schedule regarding when a child will physically reside with each parent;
• A specific description about how you will share in raising your child on a daily basis and who will be responsible for specific tasks;
• How the parents will communicate with each other and with the child when they are not physically together, such as text message or calling on the phone;
• Who will make decisions regarding the child’s health care;
• Whose address will be used to determine which school the child will attend and for registration at the school;
• Who will be responsible for extracurricular activities and sports.

In addition to necessary provisions, parents can include other information to make future decisions easier and to avoid conflict. For example, they can decide in advance who will get to take the child on vacation during which time of the year. They can also set out instructions on how they will settle conflicts regarding parenting should they arise. Often, this can keep parents out of court in the future and avoid the cost and stress on themselves and their child of having a court resolve parenting and time-sharing issues.

Contact an Experienced Boca Raton Family Law Attorney for a Consultation

If you are facing a time-sharing and visitation case, you should always have the guidance and representation of an experienced Boca Raton family lawyer. Attorney Alan R. Burton can assist you in coming to a favorable arrangement with only minimal involvement of the courts. Please call our office today at (954) 229-1660 for assistance.

I know I am. Do we all know what it means? Do we know where the term originated? Do we know who created that term? The phrase is seen or heard almost on a daily basis.

I think by now we all know that Gwyneth Paltrow, the well known and talented actress, created it, or at least brought the term to the public forefront. Does the phrase actually have a clear defined meaning?

What comes to my mind, as a divorce lawyer, is that the separation and split of the parties will be an amicable one. There will be no fighting and hostility. The parties will most likely conclude their marriage with an uncontested divorce proceeding.

Many of the articles I have read about the use of this phrase interprets it as some sense of superiority or pretentiousness. To me it simply signals the ability of the adults to consider their children’s interests, and not to lay blame for the failure of the relationship to endure. It is the ability to understand that it is never just one person’s fault, but a multitude of reasons, on the part of both parties.

Source: The Huffington Post, “What the Hell is Conscious Uncoupling”, Anyway?, Dr. Sonya Rhodes, PhD, April 2, 201

Time-sharing is established in a parenting plan, which is a written agreement between the parents of the minor child. The parenting plan may be as general or specific as the parents of the minor child may require.

At a minimum, the parenting plan should provide for the day-to-day responsibilities for the minor child, the days the minor child will be with each respective parent, the school district in which the child shall attend school, who will provide the health insurance for the child and who shall make decisions regarding the best interests of the child.

Every parenting plan will be different because the needs of the parents and the minor child will be different in each case. Every family has their on unique circumstances.

I would encourage you to call me to discuss your particular situation. I can be easily reached at 954-295-9222. There is no charge for you to discuss your case with me during your initial conference. I am an experienced Boca Raton lawyer with over 30 years of experience, with offices in Fort Lauderdale and Boca Raton.

Moving from the state of Florida with minor children without permission can have serious consequences. The rules for relocation from the state of Florida are found in Florida Statutes 61.13001.

If the “stay behind” parent consents to relocation, make sure that consent is given in writing. If consent is not given, relocation must be initiated by the parent seeking to relocate, by filing a petition in the Circuit Court that currently has jurisdiction over the parties.

The petition must include a substantial amount of information, including the complete address of the intended new residence; telephone numbers, the reason for the requested relocation, and if for employment purposes, should include a copy of the employment offer.

The petition must be served on the other parent, who is afforded a twenty day period to respond to the petition.

The case then follows a process similar to the initial divorce case. Both sides gather their “discovery” and prepare for trial. The trial judge will have to consider what is in the best interest of the children that are involved in the proceeding. This is not an enviable task for the judge, who obviously must make a very difficult decision.

Whether you are seeking to relocate, or are opposing a relocation case. you should be represented by an experienced and qualified attorney, one who frequently is involved with relocation cases. Boca Raton attorney Alan R. Burton has been extensively involved in relocation cases, and he can provide you with invaluable assistance in these types of cases.

Divorce often times becomes a power struggle for control over the children. Issues such as time sharing, educational decisions, sports activities, religious upbringing, and medical care are just a few of such issues.

Anger between parents also brings the children into the middle of things. What role should the children play in their parent’s divorce? Whose side should they take, and for whom should they speak on behalf of?

The answer to these questions should be apparent. They are not the ones “getting divorced”; their parents are divorcing. It is not their battle, and they should not be a part of the proceedings.

Divorcing parents in Florida must participate in state mandated parenting education courses before their divorces are finalized by the judge. It is better to participate in this required program early on in order to avoid as much conflict as possible throughout the proceedings.

HBO will be airing a documentary throughout the month of October which deals with divorce from the children’s perspective. Kids will explain the impact of divorce on them, and they offer advice to parents on how they should conduct themselves during the difficult process of divorce.

Any parent who wants to clearly understand what impact the divorce process has on their own children should not miss this HBO documentary, “Don’t Divorce Me! Kid’s Rules for Parents on Divorce.”

If you need any additional information, or assistance in the divorce process, and reducing the potential harm to children, contact an experienced attorney, one who is an advocate for children’s rights. Alan R. Burton, Esq., an attorney with offices in Boca Raton, Florida is ready to advise and assist you.

Child custody issues, or extensive litigation in order to “win” the title of primary custodian should become a thing of the past. All of the reasons to litigate these issues have been abolished under Florida law.

Instead, Florida has adopted what is now referred to as time sharing with minor children, which is established under the provisions of a parenting plan. The requirements for a parenting plan are found in Florida Statute 61.13.

Furthermore, the trend today is approximating an equal time sharing arrangement whenever possible. Each case would be decided on its own merits, but if it is geographically feasible based upon the distance between the parents home, and consideration of other statutory factors as found in Florida Statute 61.13, the most likely outcome will be a 50-50 split.

The best interests of the child will always be the guiding principal in consideration of the court approving a parenting plan. The plan, at a minimum, must establish how the daily tasks associated with the upbringing of the child are to be apportioned; the times each parent is to have with the child; who is to be responsible for the health insurance for the child; and which parent’s address is to be utilized for school purposes.

A parenting plan can be as detailed as the parties require, or it can simply cover the minimum requirements under Florida law.

The divorce process becomes more complicated when there are minor children involved. This is especially true when one parent wishes to relocate.

Relocation With Minor Children in Florida is governed by Florida Statute 61.13001.

If a parent wishes to relocate from south Florida cities such as Boca Raton, Delray Beach, Fort Lauderdale, or from anywhere else in Florida, they must comply with Florida Statute 61.13001 if the move is more than 50 miles from their current residence.

The easiest way to comply with the statute is to obtain the written consent from the non-relocating parent, If that consent will not be given, you will then have to file a petition for permission to relocate. The petition is filed in the County that granted the initial divorce decree.

These cases are factually intensive, and each individual case will be heard on its own merits. Some of the relevant factors for the court to consider is whether or not child support is being paid and whether or not it is current; the reason for the requested move; whether or not alternate time sharing arrangements can be made, and who will be paying for those additional expenses.

Relocation cases are important. Do not take them lightly or for granted. BE PREPARED! Feel free to call me if you have unanswered questions about the process, or whether you require any assistance in your quest to either relocate or to defend against such a proceeding.

Florida has now adopted what is known as a parenting plan, the provisions of which can be found in Florida Statute 61.13 (2)(b). A parenting plan must include, at a minimum, certain things, as follows: a detailed description as to how the parents will share and be responsible for daily tasks associated with the upbringing of the child; 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 including the address to be used for school boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child.

Developing a parenting plan is an individualized matter, and every plan should be tailored to your family. It is important to consult with an attorney who handles these child issues on a routine basis.

Alan R. Burton, Esq., a Boca Raton, Florida attorney, has been in practice for over thirty years, and deals primarily with divorce and other family law cases.

Is anyone exempt from paying child support? The answer is clearly NO. Each parent has a responsibility to support their children, not just one parent.

This is even true if one parent is wealthy, and the other parent is down and out. Remember the television show, Jon & Kate plus 8? This situation exemplifies the example that both parents owe a duty of support.

In a recent news story published in “RealityTea” about child support, Jon Gosselin confessed that he was having difficulty sustaining himself, let alone all of his children.

Keep following this story. Mr. Gosselin will soon learn that regardless of the fact that his ex-wife has money or not, he has a responsibility to his children as well. Remember, “it takes two to tango.