Child Custody Lawyer In Brandon, FL
If you are separated from your child’s other parent or going through a divorce, you will need to determine how you will allocate your parental rights. Both parents have important legal rights and responsibilities when it comes to caring for their children, and parents must decide how to share these rights and responsibilities. While these are often referred to as “child custody” rights, Florida law now refers to these rights as “timesharing” and “parental responsibility.”
The Court will only approve a timesharing and parental responsibility arrangement if it is in the best interests of the child. If parents cannot reach an agreement, the Court will need to make the determination for them according to the “best interests” standard under Florida law.
The attorneys of [Carman, Bevington & Finegan, P.A.](/our-firm/)regularly help parents with child custody cases in the Brandon, Florida area.
These cases are extremely important, as they can help shape your future relationship with your child. We will protect your rights as a parent, so please contact our office to learn more about how we can help.
Child-Related Issues in Florida
There are two main components of child “custody” the amount of time a parent physically spends with their child (timesharing) and the ability to make decisions for a child’s life (parental responsibility). The presumption in Florida is that it is in best interests of the children that the parents have shared parental responsibility absent extenuating circumstances.
Shared parental responsibility requires the parents to jointly discuss and agree with one another regarding major decisions relating to their child. Sometimes, it may also be necessary to identify one parent as an ultimate decision-maker for particular issues, which is called shared parental responsibility with ultimate decision-making authority. This still requires both parents to communicate and discuss with one another, however, if they are unable to agree on a particular issue, the parent with the ultimate decision-making authority may decide what they believe is in the best interest of the child.
Some situations may involve sole parental responsibility, which may be necessary in some cases where it would be detrimental to the children for the parties to have shared parental responsibility. The specific arrangement will be set out in the parenting plan, such as when each parent
has the right to make decisions regarding education, religion, extracurriculars, medical care, and more.
Parents should also set out the timesharing schedule in a parenting plan, including how they will divide summer vacations and holidays. Common terminology used to describe timesharing includes:
- Majority Timesharing - This when a parent has a majority of the overnights throughout the year with the child.
- Rotating Timesharing -This is when parents have a rotating timesharing schedule in which when they each have an equal number of overnights with their child.
- Substantial Timesharing - If a parent is awarded at least 20 percent of the overnights per year, they are considered to have substantial timesharing. This is an important consideration when determining a parent’s child support obligation.
Parenting plans are critical for protecting your parental rights, which may include spending time with your child and receiving child support. These determinations are also highly important for protecting your child if their other parent poses a threat, as you may need to seek sole custody to protect your child’s best interests.
Contact Our Brandon Child Custody Attorneys for Help Today
At the law office of Carman, Bevington & Finegan, P.A., we handle all family law cases, including child custody-related issues. If you are facing a divorce or need assistance with a child custody-related matter, please call 813-654-3444 or [send us an online message](/contact/) to schedule your appointment today.