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Timesharing / Child Custody / Relocation
Each parent in the State of Florida presumptively has rights of decision-making and to spend time with biological or adopted children. Florida law no longer uses the term “custody” and, instead, refers to “timesharing” when dealing with who the children will be spending time with. There is no presumption any longer – if ever there was one – that one parent will have a majority of time with the children.
Instead, who will spend time with the children and when will be determined by an analysis of what is in the children’s best interests. This inquiry is dependent upon many different factors, and your attorney can assist you with understanding those factors.
There are four distinct forms of parenting plans available to parents with minor children in the 12th Judicial Circuit: the basic parenting plan, a safety-focused parenting plan, a long-distance parenting plan, and a highly-structured parenting plan. Which parenting plan form you use is a matter that should be carefully decided. If parents are able to work together amicably, they may be able to agree upon the terms of a basic parenting plan. However, if the parents are highly conflicted or there are safety or substance abuse issues, the parents may be choose or be ordered to utilize the highly-structured or safety-focused parenting plan.
You or the other parent may wish to relocate, and you should be sure to talk to your lawyer about when and if this is possible. There are certain limitations about when and where a parent may move after he or she has resided with children in one place. In the event of a relocation, the long-distance parenting plan would be the obvious and best choice.
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