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It is public policy in Florida to ensure that each minor child has frequent and continuing contact with both parents after separation or divorce. Florida laws encourage parents to share the rights, responsibilities, and joys of childrearing. The overarching standard courts follow in determining child-related issues is first and foremost, the best interests of the child.
Children’s issues fall under two areas: parental responsibility and timesharing. Parental responsibility is the right of each parent to participate in decision-making for a minor child over areas including education/academics, health care, child care, activities, religion and other aspects of parenting unique to each family or situation. Parental responsibility is not “custody” and does not define a child’s residence or what contact each parent enjoys with a child. A judge will order parents share responsibility for a child unless doing so is detrimental to the child.
Timesharing determines when and how much time a child will spend with each parent. As of July of 2023, the Florida Legislature included a rebuttable presumption that equal timesharing of a minor child is in the best interests of the minor child. This presumption may be overcome with evidence that equal timesharing is not in the best interests of the minor child, although, this is a high burden that requires an analysis of numerous factors provided by Florida law.
The attorneys at Rubinstein & Holz can assist you in evaluating your rights and analyzing Florida law as it applies to the facts of your case to construct a parenting plan and timesharing schedule that fits the needs of your family.
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Address: 1375 Jackson Street, Suite 304
Fort Myers, Florida 33901
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(239) 332-3400
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