If the parents of a child cannot agree on a time-sharing plan of the children, a court will decide the issue for them. Sometimes this may require a court ordered third-party assessment of the child (or children) and the parents. The key words for child custody and visitation is “best interest of the child.” Because the State of Florida wants to encourage equal parenting time, the courts will start off with a 50/50 split of time with the child and will adjust the parenting time share plan as it considers what is in the best interest of the child.
In most cases, child custody and visitation is determined as part of a marital dissolution action. But, this may not be the circumstance where the parents have never married and one party is seeking to obtain a court ordered arrangement. Allen Law, P.A., P.A. can help you seek your rights as a parent for access to your child. Contact us today for a free initial consultation.
Modification of Timesharing (Child Custody and Visitation)
Modifying a timesharing arrangement requires that the parent seeking a change to show that a substantial change in circumstance has occurred since the original order on timesharing was entered and such modification is in the best interest of the child. Parents fighting between themselves is not enough of a substantial change, nor is not paying child support. A parent not exercising their timesharing on a regular basis, undertaking behaviors that could be harmful to the child (such as excessive drinking or drug use while with the child), mental health issues, or physical or emotionally abusive behaviors against the child or other parent may be a substantial change. The jurisdictional issues that apply to modification of child support also apply to modification of timesharing. Allen Law, P.A., P.A. is here to help you determine whether the changed circumstances are substantial enough to warrant a petition to the court for a modification. Contact Allen Law, P.A., P.A. today for your free initial consultation.