Family Law – Shared Parenting

SHARED PARENTING Part 2

by Shawn Hungate.

Shared parenting is the most positive method to restructure the family after a divorce or, in the case of unmarried couples, an establishment of paternity.  But, in cases where there is serious child abuse, ongoing and serious domestic violence, or other extreme situations, like one parent going to prison for a significant amount of time, the Court may order that shared parenting would be harmful to the children.  In those cases, the Court can order Sole Parental Responsibility.  These cases are very rare, and the Court is generally loathe to order it.  This kind of case creates a situation where one parent makes all the decisions regarding the child.

In divorce and paternity cases where the Court finds that both parents are unfit to care for the children, the Court may award custody to a third party.  In Domestic Relations Court (where divorces and paternity cases are heard), this is extremely rare, as before anything like that comes up, the Florida Department of Children and Families usually will get involved and a Juvenile Dependency case is filed.

Florida has a public policy to ensure that children have continuing and meaningful contact with both of their parents.  As the parents no longer reside together after a divorce, they have to come up with a time-sharing schedule.  This is now done through a Parenting Plan, which is required in all divorces or paternity cases.  It used to be the law that one parent was granted “custody”, or “primary residential responsibility”.  Those terms are no longer used in Florida.  Although one parent may be designated as the custodial parent for purposes of laws outside of the state, the closest term used now is the parent with the “majority of overnights”.  This is not to say that parent has “custody”, though.  Most divorces or paternity cases still grant both  parents equal rights in raising the children regardless of where the children spend most of their time.

The time sharing schedule can be as flexible or as structured as is needed by the Mother and Father, and, for that matter, the children.  This schedule can include an old-fashioned every other weekend, evenly divided holidays, and half the summer, type schedule; or an equal time sharing, or “rotating” schedule.  Although it is not necessarily the rule in all cases, “rotating” schedules have become much more common recently, as the Courts have begun to recognize Father’s rights to participate in the raising of their children more and more over the years.  In fact, no preference is given any more to the Mother simply because she is the Mother.

There are several factors spelled out in Florida Statutes Chapter 61 that guide the Court in determining the Parenting Plan and time sharing schedule for the children if the parties cannot reach a resolution on their own.  If possible, it is better for the parents to come up with their own Parenting Plan and time sharing schedule, as the Court can never know the particulars of any given case as well as the parents.

If you have any questions about Time Sharing or Parenting Plans, feel free to call me at 407-846-1529 (407-846-1-LAW) for a free initial consultation.  Shawn L. Hungate, Attorney at Law, 811 Patrick Street, Kissimmee, Florida, 34741.

Contact Us.

Family Law – Shared Parenting

SHARED PARENTING part 1

by Shawn Hungate.

Commonly referred to as custody, the concept of shared parenting comes up after a dissolution of marriage (divorce), or the establishment of paternity.  Shared parenting does not necessarily mean rotating custody, but is the term used to describe the relationship that is established between the parents and the children after a divorce or establishment of paternity.

Parents must protect their children from undue hurt and turmoil.  One of the most difficult things about a divorce is the effect it has on the children of the parties.  Parents need to remember that in a divorce, they are ending their marriage to the Husband or Wife, not ending the relationship with their children.  Parents will always remain Mother and Father to their children.

Divorce is a stressful and major crisis for both the adults and for the children.  The stress can result in both physical and emotional problems.  Different aged children can react differently to divorce.  This may range from irritability to severe behavioral changes like drug use.  Parents should look for signs of trouble and react to them early to help prevent potential serious problems in the future.  It is best if the parents can work out the parenting issues to help avoid, or at least minimize, the harm the children may suffer.  Sometimes avoiding a court fight and attempting an uncontested divorce can help in this.  However, if parent are unable to do so, the Court will have to decide parenting issues for them.

The idea of Shared Parenting is to provide a framework for effect co-parenting.  It is public policy in the State of Florida to promote the sharing of rights and responsibilities of raising their children.  Shared Parental Responsibility is a court ordered in just about every case.  It means that both parents retain full parental rights and full parental responsibilities over their children.  It means that the parents shall discuss with each other all major decisions affecting the children and their welfare.  It means that the decisions regarding the children shall be made jointly.  Shared Parenting is ordered to protect the children’s right t an ongoing relationship with both parents.

Each parent has certain duties when it comes to raising their children after a divorce or establishment of paternity.  When the children are with one parent, that parent shall make the day to day decisions regarding the children’s regular care, maintenance, and welfare.  The parents should consult with one another when larger issues come up like religious upbringing, discipline, financial issues, morality issues, major recreational activities, and non-emergency medical care.  In other words, while a parent doesn’t need to call the other parent to discuss what the children are going to have for dinner every night(unless there are medical issues), they should discuss and resolve where the children are going to summer camp, or whether they are going to enroll in the local soccer league.  Each parent should take an active role in providing sound environment for their children and attempt to resolve any differences as amicably as possible.  This also means that the parents should not only discuss these issues, but carry themselves in a way that promotes and fosters the best interest of the children.  If the children see a parent arguing, yelling, or acting inappropriately, they are likely to copy that behavior.

Sometimes parents after a divorce do not realize what should be pretty obvious, and that is sharing information about the children.  A parent should immediately notify the other parent about any serious illness or accident that affects the children.  Likewise, both parents have the right to access records and information pertaining to the minor children, including, but not necessarily limited to, medical, dental, optical, and school records.

Ultimately, both parents have a duty to promote a good relationship between the children and the other parent.  Under shared parenting, both must attempt to make sure that the children have free access and unhindered contact with the other parent.  If one parent desires to relocate, than the other parent must be notified and their right to ongoing contact and access with the other parent must be considered..  In fact, if the parent the children spend the majority of time with (what used to be known as the “custodial parent”, the “parent with custody”, or the “parent with primary residential responsibility), than that parent has to follow the law established in Florida Statute 61.13001, “Parental Relocation with a Child”.  The natural development of the children’s love and respect for the other parent must not be interfered with by the other parent.

I have handled many family law cases, including divorces, paternity cases, modifications, and enforcements since 1998.  If you have any questions regarding your situation, please feel free to contact me at 407-846-1529.  Shawn L. Hungate, Attorney at Law, 811 Patrick Street, Kissimmee, Florida, 34741.

Basics About Divorce in Florida

SOME BASICS ABOUT DIVORCE IN FLORIDA

by Shawn Hungate.

Going through a divorce can be a trying time for anyone.  Dealing with custody, visitation, child support, alimony, property division only adds to the stress and emotional turmoil that comes with a divorce.

Before you decide to take legal steps to file for divorce and end your marriage, you should make sure that you have taken the steps to see if you can save it.  There is help out there from professional help, to religious organizations, even talking to family and friends.  Ultimately, if you do decide to file for divorce, it is important that you consult with an attorney to know your rights.

A divorce in Florida is officially called a Dissolution of Marriage.  In Florida, you do not have to prove that anyone is at fault for the divorce.  Thus, Florida, as far as divorce law goes, is a no-fault state.  This can reduce potential harm to the parties and their children, fi they have any, by not having to show things like adultery or abandonment.  The most common grounds for divorce in Florida are simply that the marriage is irretrievably broken.  Additionally, either the Husband or Wife must have been a Florida resident for at least six months.  Circumstances that would otherwise constitute “fault” can sometimes be used, though, in the determination of alimony or child support.  Be sure to speak to an attorney about this, though, as many factors that may feel like “fault” will not be considered by the Court.

Divorces in Florida can be handled in many ways.  One way is the traditional “Contested Divorce”.  This is where one party files a Petition for Dissolution of Marriage with the Court and has the other party served with the Petition.  The other party must answer within a given time period and the lawsuit proceeds from there.  Usually, Mediation is had and, if the case does not settle there, further litigation will likely be required.

Another way to get a divorce in Florida is an “Uncontested Divorce”.  This is where the parties enter into an agreement about how their property will be divided, how they will continue to raise their children (with a “Parenting Plan”), what child support will be paid, and if alimony is to be paid.  Although this sounds like an easier process, it is still imperative to seek out a lawyer to help you with this process.  You still need to be advised of your rights.  Additionally, the likelihood of having to go back to court later on is increased greatly if you try to do this on your own or simply hire a paralegal to prepare documents, as they are unable to give you any kind of legal advice.  A special kind of Uncontested Divorce is a “Simplified Divorce” and is filed only in certain circumstances.

A third way to get a divorce in Florida is through a rather new method called a “Collaborative Divorce”.  This is where both parties obtain counsel, but it is done with the idea of reaching a settlement.  Both parties, and their attorneys, must enter into a Collaborative Agreement.  I will discuss more about Collaborative Divorces in a later post.

Additionally, Judges and Clerks cannot give legal advice.  They can only answer the most basic questions you may have, and this is normally limited to procedural questions.  Only an attorney can give you legal advice about your Divorce.  Call my office or email me and I would be happy to set up a time to speak with you about your unique case.

Shawn L Hungate Attorney at Law, 811 Patrick Street, Kissimmee, FL 34741  407-846-1529

Contact Us