Child Custody
Custody cases are frequently filled with emotion. Frequently a parent is fearful that they will not be awarded “custody” of their child. A parent may also feel that the relationship with the child might be affected by a timesharing determination. The fear is that a parent will spend less time with a child than previously. With the sometimes unpredictable nature of family law litigation, these fears might be reasonable.
Timesharing
Florida has all but eliminated the term “custody” from its statutes. Florida uses the term “timesharing” when referencing the schedule the child spends with each parent. However, even though the law has changed, many parents are unaware of the different words used. Florida law has many factors when making a timesharing determination. However, carefully analyzing the factors under the timesharing statute is important. Understanding the child custody factors enables Boca Raton divorce attorney Matthew D. Martin to advise his clients about how to proceed either in the courtroom or at the negotiation table.
Parental Responsibility
A child custody determination includes both a timesharing and parental responsiblity determination. Parental responsibility refers to the decision making authority over a child. Child custody is oftentimes considered both timesharing and parental responsibility combined. However, under the laws of Florida, what was once known as “child custody” is now encompassed in timesharing and parental responsibility.
Determining Child Custody
Many timesharing cases resolve without the intervention of the Court. However, is parties cannot agree, the Judge is required to decide. When making a determination, there are tools available to the Court. An appointment of a Guardian ad Litem to investigate the best interests of the child. In conclusion, the Court is able to take the Guardian ad Litem’s opinion into consideration when making its child custody determination. Ensuring the Court has all the facts to make a favorable parenting decision is key.