Articles Tagged with Boca Raton custody attorney

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It may not snow in Florida, but the feeling of the holiday season is already in the air. Every year at around this time, some radio stations begin playing Christmas carols around the clock, while on other stations, radio DJs snark about how Thanksgiving and the winter holidays are peak season for family conflict. It is true that holiday-related stress is a real phenomenon, as anyone who works in the mental health field can attest. If you have shared custody of children with your ex-spouse or former partner, though, there are things you can do to reduce the stress of co-parenting during the holidays. Specifically, Florida’s parenting plans, in their current version, contain clauses specifically designed to avoid conflict about holiday plans before they start.

How do Florida Parenting Plans Address Holiday Timesharing?

People whose parents divorced in the 1980s and 1990s probably remember that life settled into a rhythm, usually including living with Mom during the week and with Dad on the weekends, but that sparks always flew at Thanksgiving and Christmas, when extended family members visited, or when one parent wanted to take the children to visit out-of-town relatives during a holiday.  This is one of the major issues that Florida’s new parenting plans address. The parenting plan template has questions to address every school vacation, including winter break, Thanksgiving, and spring break. Parents can choose, as soon as they divorce, where the children will spend each holiday each year. For example, they can specify that, in odd-numbered years, the children will spend Thanksgiving break with Mom until Friday afternoon and then spend the rest of it with Dad, but in even-numbered years, they will be with Dad until Friday afternoon and then go to Mom’s house. Parenting plans even allow parents to allot certain times for children to stay with grandparents, and they can choose to grant certain holiday days to the grandparents.

In some ways, Thanksgiving is the simplest holiday to plan because it is always on a Thursday.  What about Christmas, which is always on the same date, but on different days of the week?  What about Hanukkah, which sometimes coincides with winter break and sometimes does not?  What about Islamic holidays, which, because the Islamic lunar calendar is 11 days shorter than the Gregorian calendar, vary not only by day of the week, but by month?  (For example, this year, both Eid al-Fitr and Eid al-Adha were during summer vacation. In 2000, Eid al-Fitr was between Christmas and New Year’s.) Florida’s parenting plans were made to be customized.  You can specify that each parent gets the children for four nights of Hanukkah, and that if it falls during a school week, each parent gets one non-school night of the holiday. Continue reading

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When two parents divorce or are unmarried, the Florida family courts will carefully consider many factors in deciding how much time each parent will get to spend with the child. Though the courts often try to split the parental rights between the parents as equally as possible, they always have to keep the best interests of the child in mind when making physical custody and visitation determinations. Sometimes, if a parent disagrees with a custody or visitation order, they will take the matter into their own hands and try to interfere with the order. Florida courts take interference with custody or visitation very seriously and parents who interfere with court orders can face serious consequences.

Common interference

Custody interference most often occurs when one parent refuses to follow the schedule for visitation set out by the court in the parenting plan. This can include not taking the child to see the other parent when they are supposed to or even refusing to allow the child to communicate with the other parent on the phone. If your custody or visitation rights are being denied by your child’s other parent, there are different steps you can take to enforce the parenting plan schedule. For example, you can file an emergency motion with the courts to enforce the custody order. The court can even place the other parent in contempt and impose sanctions if they continue to interfere with custody.