Creating a Time-Sharing Schedule For Your Children

Your time-sharing schedule should include:

• An everyday schedule that shows when the child is with each parent on weekdays and on weekends
• A holiday schedule that shows which parent the child is with for holidays
• A summer break schedule that shows when the child is with each parent during summer break

Other things to consider as you make your schedule:

• Parents should work together to make a schedule they both like

• Your schedule should give your child frequent and consistent contact with both parents

• Your child’s age usually determines how long and how frequent visits are

• Usually all the children in a family stay together for time-sharing

• If parents are not able to agree on a schedule, the court will establish the schedule

Having the courts establish a time-sharing schedule 

Most courts follow similar guidelines when setting up a time-sharing schedule. For the everyday schedule for children 3 and over, there will be one residential parent, usually the one who lives near the child’s school, and one nonresidential parent. The child visits the non-residential parent:

• One evening during the week after school or work to 8:30 pm

• Every other weekend from Friday after school or work to Sunday evening at 6:00 pm or Monday morning when school starts

• If the child has school off on the Friday before the non-residential parent’s weekend, the weekend time starts on Thursday.

• If a child has school off on the Monday after the non-residential parent’s weekend, the weekend ends on Monday evening or Tuesday morning when school starts.

What is the first step in getting a divorce in Florida?

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The first step is filing a document called Petition for Dissolution of Marriage with the court. This document outlines the claims you have for property and child custody and must be delivered to the other spouse. If you have children, the state of Florida also requires you to attend a seminar on children and divorce.

The Divorce Process in Florida

One of the spouse files for divorce

The spouse filing for divorce is called the Petitioner. They are the one who initiates the procedure with the family law or domestic relations court.

The other spouse receives the divorce papers

The spouse who did not file for divorce is called the Respondent. This spouse will receive the dissolution of marriage papers from a service.

The divorce is filed with the court

The divorce will be handled in the Circuit Court for the county that you live in. The court will assign your divorce a case number and will have jurisdictional rights to grant orders concerning your property, debt division, support, custody, and visitation.

Primary documents are completed and filed

Documents such as the Petition for Dissolution of Marriage and the Final Judgment of Dissolution of Marriage are filed. The documents start and finalize the divorce in Florida, along with ten to 20 other documents. The County Clerk’s office will manage all of your paperwork and keep both parties and lawyers informed throughout the process.

Property is divided and distributed

Marital property is always divided equally in the state of Florida. Florida is an, “equitable distribution” state so judges always divide property in the fairest and most equal way.

Spousal support it determined

Spousal support is decided on a case by case basis so not all divorces require spousal support.

Child custody and support is granted

The state of Florida always strives to do what is best for the children involved and typically grants shared custody and only grants sole custody when it’s in the best interest of the child. Child support is based on the amount of income each parent makes. Income is usually verified by examining past W-2’s and with child support worksheets.

How a dependence tax deduction is determined

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Even when parents have shared custody, it rarely works out where the child spends an even 50 percent of his or her time with both parents. The IRS gives the parent who had custody of the child the most throughout the year a tax break. Even if your divorce decree states that you share equal custody, both parents cannot receive the tax break. Below are ways to determine which parent can claim a dependent on their taxes:

The parent who spent the most days throughout the year with the child can claim him or her as a dependent. If you had your child 55 percent of the time and your ex had your child 45 percent of the time, you may claim a dependent.

If your child in fact did spend exactly half the time with both parents, the parent with the highest adjusted gross income gets to claim your child as a dependent.

Waiving the dependent tax deduction

A divorced couple can agree to terms on their own to allow one or the other to claim their child. The one who qualifies to claim the dependent can waive the deduction. In order to do this both parents must still pay 50 percent of the child’s living expenses for the year and the equal custody agreement must be memorialized in a court ordered divorce decree. If you and your ex agree to these terms, the one waiving the dependent can sign IRS Form 8332, giving the other the ability to claim the child as a dependent.

Factors That Go Into a Child Custody Decision

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The following are the factors a judge considers when making a decision about child custody:

• your child’s age
• the mental and physical well-being (or lack of it) of each parent
• each parent’s care taking capacities and the home environment that each parent could provide to the child
• the role of each parent thus far in taking care of the child
• the child’s relationship to each parent
• the time available to each parent to be with the child, as the judge may wish to maximize the child’s time with a parent as opposed to a babysitter or daycare center
• the environment that the parent can create for the child
• the presence of siblings in the family and the siblings’ relationship to each parent and to each other
• prior bad acts of either parent (as, for instance, abuse and neglect)
• parental drug or alcohol problems
• religious factors
• the willingness of each parent to keep the other parent involved in the child’s life and to facilitate the other parent’s access to the child
• each parent’s adult relationships including non-marital sexual relations.

In the long run, the judge wants to do what’s best for the child. If time sharing and 50/50 custody is a possibility for the child, that will be the plan set in place.

How Child Support is Determined

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Child support is usually straightforward in Florida divorces. The courts typically base child support payment amounts on the length of marriage, the economic state of the spouses, the child’s standard of living, and other similar economic-related statuses. Infidelity isn’t supposed to affect the child support amount ruled, but some exceptions do occur.

Times Your Infidelity Could Affect Child Support

One instance your infidelity could affect child support is if your infidelity causes you to lose the custody battle. If the other spouse is granted full custody of your child, you’ll most likely have to pay child support. If that custody ruling was somehow related to your infidelity, you can blame the affair for your new child support payments. Divorces that end with 50-50 shared custody don’t typically have child support involvement.

Another example of when infidelity could affect child support is if you have wasted marital assets on your affair. If you have wasted, distributed, or destructed marital assets (money, property), the judge may order you to pay child support to make up for the lack of financial support from those assets.

Furthermore, if your infidelity has caused a negative affect on your relationship with either your spouse or child, the judge might rule against your favor in matters regarding custody and child support.

Each divorce case in Florida is different. Always consult your family lawyer to find out what you can expect for your specific situation.

Depending on whether both parents were able to work together to formulate the plan, or the court had to design one themselves, sticking to the plan is very important, not only for the child’s benefit, but also to adhere to the family court’s guidelines.

How to stick to the plan

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Once the plan has been formulated and put in place, the hard part becomes sticking to it. Here are a few tips to help you keep it up, month in and month out:

• Talk to your employer – The time you spend with your child is precious, and keeping them (or your ex-spouse) waiting because you’re still at work is never a good idea. Discuss your time-sharing plan ahead of time with your employer to make sure that you will be immediately available to your child when it’s your turn.
• Have activities already in mind – Depending on where you live, there are always things to do out and about, so spending a few minutes getting ideas in mind for when you have your child can go a long way.
• Build some rituals together – Humans are creatures of habit, so whether it’s Saturday morning pancake breakfast, an ice cream trip on Wednesday nights, or building a new model plane together, having a pre-determined thing for you and your child to look forward to can be a great help.
• Work with your ex-spouse – This one might not always be possible, depending on the circumstances of the divorce, but communicating with your spouse can make a huge difference. If you have to work late one evening, or have an emergency that calls you out of town, being able to communicate that with your child’s other parent can help smooth out a lot of potential rough patches.
• Stay involved with your child, even when you don’t have them – This can be as simple as sending them funny emails, calling them on their birthday, or going to any applicable parent meetings at their school. Just because they’re not staying at your house doesn’t mean they’re not currently your child, so try to stay as active in their life as you can.

In some ways, sticking to a time-sharing plan can be even trickier than simply having full custody, but hopefully with these tips, you find adhering to it a bit easier.

If you are in need of modifying an existing time-sharing plan, or are in need of setting one up to begin with, be sure to get in touch with a family law attorney right away. They’ll be able to answer all your questions and help you take the appropriate next steps.

Determining child custody in a Florida divorce

Florida courts use one main thing in determining child custody in a divorce, and that is what is in the best interest of the child. There are a number of different factors they take into consideration when determining what is actually in the best interest of the child. These factors include:

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• The child’s health and safety

• The child’s emotional and developmental needs

• Each parent’s moral fitness

• Who has acted as the primary caregiver for the child. If either parent has, the court may be more likely to award primary custody to that parent, so as to avoid an interruption in the child’s routine.

• Which parent, if any, is most willing to facilitate the possibility that the child may maintain a relationship with the other parent, the extended families on both sides, and the community where the child grew up.

• The ability of each respective parent to provide a safe, supportive, loving and nurturing environment for the child.

How an affair can affect child custody

If one spouse committed adultery, it could affect how the judge determines their moral fitness as a parent. If the faithful spouse can prove the adulterous spouse is reasonably likely to have a negative impact on their child, the judge can limit that parent’s custody or visitation.

In the state of Florida, child custody and visitation is referred to as time-sharing. The courts believe that it is usually always in the best interest of the child to have equal time-sharing schedules, and you should have a plan that shows when your child spends time with each parent.

Creating a time-sharing schedule

Your time-sharing schedule should include:

• An everyday schedule that shows when the child is with each parent on weekdays and on weekends
• A holiday schedule that shows which parent the child is with for holidays
• A summer break schedule that shows when the child is with each parent during summer break

Other things to consider as you make your schedule:

• Florida courts encourage parents to work together to make a schedule they both like
• Your schedule should give your child frequent and consistent contact with both parents
• Your child’s age usually determines how long and how frequent visits are
• Usually all the children in a family stay together for time-sharing
• If parents are not able to agree on a schedule, the court will establish the schedule

Having the courts establish a time-sharing schedule

Photo by skitterphoto

Courts in most counties in Florida follow similar guidelines when setting up a time-sharing schedule. For the everyday schedule for children 3 and over, there will be one residential parent, usually the one who lives near the child’s school, and one nonresidential parent. The child visits the non-residential parent:

• One evening during the week after school or work to 8:30 pm
• Every other weekend from Friday after school or work to Sunday evening at 6:00 pm or Monday morning when school starts
• If the child has school off on the Friday before the non-residential parent’s weekend, the weekend time starts on Thursday.
• If child has school off on the Monday after the non-residential parent’s weekend, the weekend ends on Monday evening or Tuesday morning when school starts.

Parents will also alternate holidays and share the child’s summer break evenly.

In the state of Florida, child custody and visitation is referred to as time-sharing. The courts believe that it is usually in the best interest of the child to have equal time-sharing schedules, and you should have a plan that shows when your child spends time with each parent.

Creating a time-sharing schedule

Your time-sharing schedule should include:

• An everyday schedule that shows when the child is with each parent on weekdays and on weekends
• A holiday schedule that shows which parent the child is with for holidays
• A summer break schedule that shows when the child is with each parent during summer break

Other things to consider as you make your schedule:

• 

  Photo by pixabay.

  Florida courts encourage parents to work together to make a schedule they both like

• Your schedule should give your child frequent and consistent contact with both parents
• Your child’s age usually determines how long and how frequent visits are
• Usually all the children in a family stay together for time-sharing
• If parents are not able to agree on a schedule, the court will establish the schedule

Having the courts establish a time-sharing schedule

Courts in most counties in Florida follow similar guidelines when setting up a time-sharing schedule. For the everyday schedule for children 3 and over, there will be one residential parent, usually the one who lives near the child’s school, and one nonresidential parent. The child visits the non-residential parent:

• One evening during the week after school or work to 8:30 pm
• Every other weekend from Friday after school or work to Sunday evening at 6:00 pm or Monday morning when school starts
• If the child has school off on the Friday before the non-residential parent’s weekend, the weekend time starts on Thursday.
• If child has school off on the Monday after the non-residential parent’s weekend, the weekend ends on Monday evening or Tuesday morning when school starts.

Parents will also alternate holidays and share the child’s summer break evenly.

What factors are considered for grandparent custody or visitation?

Grandparents can be awarded court-granted custody or visitation only when certain statues implemented by the state are met. Each state may consider slightly different factors and it is best to understand these factors before filing a petition with the court. In the state of Florida, the court may order visitation if it is in the best interest of the child and one of the three following conditions have been met:

• The parents’ marriage has been dissolved
• A parent has deserted the child
• The child was born out of wedlock and the parents never marry

How does the court determine the best interest of the child?

Photo by Catherine Scott.

Every court considers the best interests of the child when granting custody or visitation to a grandparent. Before making a decision the court looks at all of the following factors. The absence of one factor make their decision go one way or the other.

• The willingness of the grandparents to encourage a close relationship between the child and parents
• The length and quality of the relationship between the grandparents and child before the divorce
• If the child is old enough to express a preference, that preference will be considered
• The mental and physical health of the child
• The mental and physical health of the grandparent
• The judge may also consider any other relevant factors

If you’d like to speak to a lawyer about your grandparent rights, contact us here.