Articles Posted in Parenting Plans and Time Sharing

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If you are no longer married or in a relationship with the other parent of your child, you will need to make many legal decisions regarding time-sharing and visitation. These are the terms that have largely replaced the term “child custody” in Florida, since Florida law sets out that maintaining continuing and frequent contact with both parents is in the best interests of the child unless there is evidence to the contrary. No longer do the courts presume that the mother should automatically have full custody and the courts make this type of determination hoping to uphold both parents’ rights to share in raising their child.

Determining how to share time and legal custody of children is not a simple matter and many parents may consistently argue over specifics of the arrangement. To avoid this, parents who have joint physical and/or legal custody over children must have a parenting plan approved by the courts. It is always preferable for parents to agree to the specifics of a parenting plan and then have the court approve it, as they know their child’s schedule and specific needs firsthand. Unfortunately, in some cases, parents cannot agree on all of the specifics of a parenting plan and the court must intervene and decide for them. No matter who decides the specifics, however, a parenting plan must include certain provisions.

Necessary Provisions in a Parenting Plan

The following are some terms that must be decided upon and put into writing:

  • The schedule regarding when a child will physically reside with each parent;
  • A specific description about how you will share in raising your child on a daily basis and who will be responsible for specific tasks;
  • How the parents will communicate with each other and with the child when they are not physically together, such as text message or calling on the phone;
  • Who will make decisions regarding the child’s health care;
  • Whose address will be used to determine which school the child will attend and for registration at the school;
  • Who will be responsible for extracurricular activities and sports.

In addition to necessary provisions, parents can include other information to make future decisions easier and to avoid conflict. For example, they can decide in advance who will get to take the child on vacation during which time of the year. They can also set out instructions on how they will settle conflicts regarding parenting should they arise. Often, this can keep parents out of court in the future and avoid the cost and stress on themselves and their child of having a court resolve parenting and time-sharing issues.

Contact an Experienced Boca Raton Family Law Attorney for a Consultation

If you are facing a time-sharing and visitation case, you should always have the guidance and representation of an experienced Boca Raton family lawyer. Attorney Alan R. Burton can assist you in coming to a favorable arrangement with only minimal involvement of the courts. Please call our office today at 954-229-1660 for assistance.

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I know I am. Do we all know what it means? Do we know where the term originated? Do we know who created that term? The phrase is seen or heard almost on a daily basis.

I think by now we all know that Gwyneth Paltrow, the well known and talented actress, created it, or at least brought the term to the public forefront. Does the phrase actually have a clear defined meaning?


What comes to my mind, as a divorce lawyer, is that the separation and split of the parties will be an amicable one. There will be no fighting and hostility. The parties will most likely conclude their marriage with an uncontested divorce proceeding.

Many of the articles I have read about the use of this phrase interprets it as some sense of superiority or pretentiousness. To me it simply signals the ability of the adults to consider their children’s interests, and not to lay blame for the failure of the relationship to endure. It is the ability to understand that it is never just one person’s fault, but a multitude of reasons, on the part of both parties.

The Huffington Post, “What the Hell is Conscious Uncoupling”, Anyway?, Dr. Sonya Rhodes, PhD, April 2, 2014

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Custody of children in Florida is governed by the standard of the “best interests of the child.” In actuality, the term “custody” is no longer used in Florida. The terminology that is used by the court’s is what is known as “time-sharing.”

Time-sharing is established in a parenting plan, which is a written agreement between the parents of the minor child. The parenting plan may be as general or specific as the parents of the minor child may require.

At a minimum, the parenting plan should provide for the day-to-day responsibilities for the minor child, the days the minor child will be with each respective parent, the school district in which the child shall attend school, who will provide the health insurance for the child and who shall make decisions regarding the best interests of the child
Every parenting plan will be different because the needs of the parents and the minor child will be different in each case. Every family has their on unique circumstances.

I would encourage you to call me to discuss your particular situation. I can be easily reached at 954-295-9222. There is no charge for you to discuss your case with me during your initial conference. I am an experienced Boca Raton lawyer with over 30 years of experience, with offices in Fort Lauderdale and Boca Raton..

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Moving from the state of Florida with minor children without permission can have serious consequences. The rules for relocation from the state of Florida are found in Florida Statutes 61.13001.

If the “stay behind” parent consents to relocation, make sure that consent is given in writing. stock-photo-18805289-boarding-pass.jpg If consent is not given, relocation must be initiated by the parent seeking to relocate, by filing a petition in the Circuit Court that currently has jurisdiction over the parties.

The petition must include a substantial amount of information, including the complete address of the intended new residence; telephone numbers, the reason for the requested relocation, and if for employment purposes, should include a copy of the employment offer.

The petition must be served on the other parent, who is afforded a twenty day period to respond to the petition.

The case then follows a process similar to the initial divorce case. Both sides gather their “discovery” and prepare for trial. The trial judge will have to consider what is in the best interest of the children that are involved in the proceeding. This is not an enviable task for the judge, who obviously must make a very difficult decision.

Whether you are seeking to relocate, or are opposing a relocation case. you should be represented by an experienced and qualified attorney, one who frequently is involved with relocation cases. Boca Raton attorney Alan R. Burton has been extensively involved in relocation cases, and he can provide you with invaluable assistance in these types of cases.

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Divorce often times becomes a power struggle for control over the children. Issues such as time sharing, educational decisions, sports activities, religious upbringing, and medical care are just a few of such issues.

Anger between parents also brings the children into the middle of things. What role should the children play in their parent’s divorce? Whose side should they take, and for whom should they speak on behalf of
The answer to these questions should be apparent. They are not the ones “getting divorced”; their parents are divorcing. It is not their battle, and they should not be a part of the proceedings.
Divorcing parents in Florida must participate in state mandated parenting education courses before their divorces are finalized by the judge. It is better to participate in this required program early on in order to avoid as much conflict as possible throughout the proceedings.

HBO will be airing a documentary throughout the month of October which deals with divorce from the children’s perspective. Kids will explain the impact of divorce on them, and they offer advice to parents on how they should conduct themselves during the difficult process of divorce.

Any parent who wants to clearly understand what impact the divorce process has on their own children should not miss this HBO documentary, “Don’t Divorce Me! Kid’s Rules for Parents on Divorce.”

If you need any additional information, or assistance in the divorce process, and reducing the potential harm to children, contact an experienced attorney, one who is an advocate for children’s rights. Alan R. Burton, Esq., an attorney with offices in Boca Raton, Florida is ready to advise and assist you.

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Child custody issues, or extensive litigation in order to “win” the title of primary custodian should become a thing of the past. All of the reasons to litigate these issues have been abolished under Florida law.

Instead, Florida has adopted what is now referred to as time sharing with minor children, which is established under the provisions of a parenting plan. The requirements for a parenting plan are found in Florida Statute 61.13.
Furthermore, the trend today is approximating an equal time sharing arrangement whenever possible. Each case would be decided on its own merits, but if it is geographically feasible based upon the distance between the parents home, and consideration of other statutory factors as found in Florida Statute 61.13, the most likely outcome will be a 50-50 split.

The best interests of the child will always be the guiding principal in consideration of the court approving a parenting plan. The plan, at a minimum, must establish how the daily tasks associated with the upbringing of the child are to be apportioned; the times each parent is to have with the child; who is to be responsible for the health insurance for the child; and which parent’s address is to be utilized for school purposes.

A parenting plan can be as detailed as the parties require, or it can simply cover the minimum requirements under Florida law.

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The divorce process becomes more complicated when there are minor children involved. This is especially true when one parent wishes to relocate.

Relocation with minor children in Florida is governed by Florida Statute 61.13001.

If a parent wishes to relocate from south Florida cities such as Boca Raton, Delray Beach, Fort Lauderdale, or from anywhere else in Florida, they must comply with Florida Statute 61.13001 if the move is more than 50 miles from their current residence.

The easiest way to comply with the statute is to obtain the written consent from the non-relocating parent, If that consent will not be given, you will then have to file a petition for permission to relocate. The petition is filed in the County that granted the initial divorce decree.

These cases are factually intensive, and each individual case will be heard on its own merits. Some of the relevant factors for the court to consider is whether or not child support is being paid and whether or not it is current; the reason for the requested move; whether or not alternate time sharing arrangements can be made, and who will be paying for those addidtional expenses.
Relocation cases are important. Do not take them lightly or for granted. BE PREPARED! Feel free to call me if you have unanswered questions about the process, or whether you require any assistance in your quest to either relocate or to defend against such a proceeding.

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Under Florida law, terms such as custodian, primary custodian,and any other use of the term custody have been abolished.

Florida has now adopted what is known as a parenting plan, the provisions of which can be found in Florida Statute 61.13 (2)(b). A parenting plan must include, at a minimum, certain things, as follows: a detailed description as to how the parents will share and be responsible for daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child.

Developing a parenting plan is an individualized matter, and every plan should be tailored to your family. It is important to consult with an attorney who handles these child issues on a routine basis.

Alan R. Burton, Esq., a Boca Raton, Florida attorney
, has been in practice for over thirty years, and deals primarily with divorce and other family law cases.

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Is anyone exempt from paying child support? The answer is clearly NO. Each parent has a responsibility to support their children, not just one parent.1380007_one_dollar.jpg

This is even true if one parent is wealthy, and the other parent is down and out. Remember the television show, Jon & Kate plus 8? This situation exemplifies the example that both parents owe a duty of support.

In a recent news story published in “RealityTea” about child support, Jon Gosselin confessed that he was having difficulty sustaining himself, let alone all of his children.

Keep following this story. Mr. Gosselin will soon learn that regardless of the fact that his ex-wife has money or not, he has a responsibility to his children as well. Remember, “it takes two to tango.”

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Relocating with minor children involves the consideration of many factors by the court.

Although there are many factors involved in this process for the court to consider, the primary factors often become the extent of the involvement of the non relocating parent, the payment history of any child support obligation, and of course, the reason for wanting to relocate.

If relocation is premised upon a good employment opportunity, the chances for a successful petition are increased.

Relocation comes into play when a parent wishes to move more than 50 miles from their current residence.

These types of cases can be difficult, and there is usually very little room to negotiate a settlement, as they are often “all or nothing” types of cases.

The court will require a well organized, thought out presentation, of all of the statutory factors for relocation, as set forth under Florida Statute 61.13001.

The Florida relocation statute also offers a rare opportunity for those who avail themselves of the section of the law, not frequently encountered under the law. That is the opportunity to get a quick, expedited hearing, usually within 30 days from the date a request is made.

Consult with an attorney like myself, who has substantial experience in these matters. You usually have one opportunity to put your best foot forward, so you want to reduce your risks of making any mistakes.