Florida Child Visitation & Timesharing Issues
Florida law no longer refers to this matter as “custody,” but instead as timesharing and visitation. Because of changes in custody laws over the past few years, it is critical to have an attorney on your side who fully understands the current timesharing laws. Attorney Aubrey Harry Ducker Jr. specializes in Orlando family law. Therefore, our attorneys have a thorough understanding of and experience with the strict statutes involving child custody. We provide our clients with specific direction involving communication between the parents and shielding the children as much as possible throughout the legal process. We help the parents recognize the needs of the children involved while establishing a workable time sharing or child visitation plan for the parents.
It is almost always preferable for two parents to sit down and agree on a timesharing and visitation arrangement that works for them and their children. If you cannot agree, the court will step in and make the timesharing decisions based on the parents’ arguments. Parents tend to understand the child’s needs more than a court and, if the parents are in agreement about the schedule, they may be more likely to adhere to that schedule. Our legal team will help to facilitate cooperation and agreement between parents through mediation, collaborative law, or negotiation to limit the involvement of the court whenever possible.
Florida Child Visitation
When deciding on timesharing and custody, factors about each parent are looked over by the judge. The Florida Statutes require the judge to evaluate child custody, now “timeshare” in light of 20 different factors. Some important deciding factors affecting the timesharing decision include:
- Good contact and relationship with the child
- Good relationship with the other parent
- Being supportive of the child in all manners
- Encouraging the child and the other parent to have a good relationship
- Geographic viability of the visitation schedule
- Parental responsibilities and parenting tasks
- Moral Fitness of the parents
- Demonstrated capacity and disposition
- Mental and physical Health and fitness, community record, the time and intensity of relations, past actions, future plans
- Any other Factor the judge finds relevant
The judge will assess the relationship between the two parents. Issues, such as the negative language of the other parent in front of the child, are questioned. Parents who avoid bad-mouthing the other parent in front of the child will most likely have an easier time receiving the desired timesharing plan. If all else fails, Parents should say, “Do you know how much your (father/mother) loves you?”
We help our clients understand that they can love and support their children even though they don’t love and support each other.
Orlando Child Custody Attorney
A judge does not easily give one parent sole custody of a child. Only under extreme circumstances does a judge remove parental rights. Extreme circumstances typically involve cases of domestic violence, criminal activity, alcoholism or drug abuse, and they are often difficult factors to prove in court. Our lawyers can help you establish the best timesharing solution for you and your family.
Even if sole custody is not granted, there are many ways to help ensure the safety and wellbeing of your child while they are visiting with the other parent. Some solutions may include prohibiting overnight visits in the parent’s home or even having visits that are always supervised. In some rare situations, you may even request that the court require the other parent to undergo drug testing or a mental health evaluation before visitation rights are granted. We will help you explore any options or arrangements that can help ensure that a visitation plan is in your child’s best interests.
Contact Our Experienced Winter Park Child Custody Attorneys
Timesharing and visitation cases are often referred to as “custody battles,” though Attorney Aubrey Harry Ducker Jr. knows it does not have to be a battle. He has helped many parents work together to preserve their relationship with their children and with each other to increase the chances of positive parenting in the future. If you are seeking legal help in a child custody or timesharing case, contact Aubrey Harry Ducker Jr.’s office today.
Struggling with child custody or a divorce? If you are seeking legal representation contact Attorney Aubrey Harry Ducker Jr. Attorney Aubrey Harry Ducker Jr. handle’s every legal representation from family law to elder law. Call us at (407) 647-7887 or send us a send us a message. Visit Aubrey Harry Ducker Jr’s Office. Attorney Aubrey Harry Ducker Jr. serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.