Our Caring Child Custody Lawyers Will Fight for You
At Klein Law Group, our caring child custody lawyers have years of experience in child custody and visitation issues, and can fight for parents’ rights. Child custody and visitation arrangements (now called “timesharing” in Florida) can be some of the most important and difficult issues facing divorcing couples with children. Parenting plans are complex and include factors like timesharing, communication methods, and who is responsible for decisions related to the childrens’ healthcare and education. Parental responsibility in a timesharing agreement can be either shared or sole, and decisions for how responsibility is shared are based on a multitude of factors.
Ensuring that you have a trusted and knowledgeable family attorney on your side is an important step in protecting your family’s rights and arranging a timesharing agreement that benefits both you and your children. Our child custody lawyers offer compassionate and understanding guidance, while also being diligent in representing your best interests.
Modification of Visitation Agreements
There are many factors that are considered before a divorce court or mediator makes a decision regarding child visitation rights. Visitation agreements are arranged for families that require a predetermined arrangement. Once these are assigned, they can be difficult to alter unless the circumstances surrounding the family members changes. However, with the help of a knowledgeable attorney, you may be able to petition for a change to your agreement.
Visitation Agreement Factors in Florida
The situation of a family at the time of divorce is the only information that can be used to make a judgment about what is best for the child. In most cases, each parent would like to have rights to visitation and custody, but the parent who is judged to be best equipped to offer the child a comfortable lifestyle will be given primary custody. The factors that affect an agreement typically include:
- An intent to move large distances
- A criminal record or criminal charges
- Financial stability
- Failure to adhere to any previous legal arrangements
Any changes to your situation that have taken place since the divorce may be considered when requesting a change to your visitation agreement. Consult a legal professional for more information.
Enforcement of Visitation Agreements
It can be very difficult for spouses to agree on some aspects of a divorce settlement, particularly the ones involving child custody and visitation. When a court rules in favor of one parent and limits another to scheduled visitation rights, it can be a frustrating situation. However, agreements must be followed by both parents and any breach of this assignment may be met with legal consequences. This could include the non-custodial parent pursuing unauthorized visits, or the custodial parent denying visitation for the other parent. If your former spouse is failing to abide by the terms of agreement, you may be able to take legal action in order to enforce the assigned visitations. The type of penalty assigned to a parent that disobeys an agreement primarily depends on the manner in which the agreement was broken and the type of action that was taken. It may result in a loss of parental rights or other punishment.
Protect Your Family’s Rights: Get a Free Consultation
With offices located in Boca Raton, West Palm Beach and Fort Lauderdale, our child custody attorneys are conveniently accessible to residents in the South Florida area. Receive a no-cost, no-obligation consultation by calling (561) 353-2800 or filling out the form on the side of the page. This will give you the opportunity to discuss specific issues related to your case, as well as an idea of how you can move forward. Our lawyers have years of experience in family law and can provide caring yet aggressive guidance and representation as they fight to protect your family’s rights and assist you in securing an agreeable arrangement.
Florida Timesharing FAQs
A judge makes final decisions regarding rights for each parent. These decisions of custody and visitation are made based on what is deemed to be best for the child or children. A variety of factors go into making this decision, including financial stability, criminal records or prior criminal charges, disability, and an overall determination of who is judged to be best equipped to offer the child a stable, safe and nurturing environment. A timesharing agreement and parenting plan can also be developed by divorce attorneys, agreed to by both parents and approved by a judge or a judge can determine his or her own plan if an agreement cannot be reached.
In many cases, a judge will order shared parental responsibility, meaning that both parents have full parental rights and must share in the decision making and responsibility of caring for a child. The amount of time that a child spends in the custody of one parent or the amount of visitation rights of the non-custodial parent, however, may be determined differently in every case. The only time that sole parental responsibility, with an absence of timesharing rights by the other parent, is ordered is usually in cases where there has been a history of child abuse, domestic violence
or substance abuse.
Typically, the only way that a parent is not granted visitation rights by a judge is if there is a history of child abuse, domestic violence or substance abuse. A custodial parent cannot decide on his or her own to deny visitation rights outside of what is stipulated in the agreement. If you have been denied visitation for any other reason, it is within your legal rights to demand visitation. A attorney can help you defend your rights.
In the state of Florida, an effort is made to ensure the equitable division of responsibility and time with children by both parents. Therefore, one parent cannot simply move with a child without prior consent and agreement. However, in the event of a justifiable motivation for a move, such as a desirable job offer, it may be possible to receive permission to relocate a child to another state. This can be a very tricky and emotional process if both parents are engaged in the welfare of the child, so careful thought should be given to how this will affect the child. It is best to seek guidance and representation from an experienced child custody attorney if you are thinking of relocating with your child far from the other parent.
Agreements regarding child custody and visitation remain in effect until a child is 18 if they have graduated from high school, or if they are still in high school at age 19, until they have graduated high school.
Timesharing agreements are determined at the time of divorce based on circumstances presented to a judge at that time. If there are changes to either parent’s situation, it may be possible to modify existing child custody and visitation arrangements based on new factors. If you are seeking a modification to a timesharing agreement, it is best to have an experienced child custody attorney represent you to help you through this challenging and complex process.
Timesharing agreements contain detailed information related to custody and visitation arrangements and are legally enforceable. If a non-custodial parent pursues unauthorized visits or a custodial parent denies visitation, it is possible to enforce adherence of the agreement. There are also penalties that can be imposed, depending on the manner in which the timesharing agreement was broken and the type of action that was taken.
We offer legal services in Boca Raton, West Palm Beach, Delray Beach, Boynton Beach, Fort Lauderdale, and surrounding areas.