Losing Custody or Timesharing with Your Children in Florida
In Florida, the laws that governs child custody reflects a belief that it is in the best interest of the child to have a relationship with both parents. In most cases, and although not presumed, equal timesharing or close variations to 50/50 timesharing is considered advantageous. This is true even when there are minor conflicts or when co-parenting is less than amicable. In short, the courts will usually err on the side of a parenting plan that reflects equal shared time whenever it is reasonably possible. There are situations where 50/50 timesharing isn’t reasonable, such as when distance is a factor. Long distance parenting plans can still provide ample timesharing for both parents. Read: Long Distance Parenting Plans/Relocations
Best Interest of the Minor Children
Unfortunately, there are situations when shared custody and timesharing is simply not in the minor child’s best interest.
In the most severe cases, such as when domestic violence, child neglect or other serious matters make timesharing unsafe or emotionally traumatic for the child, it may be necessary to ask the courts for the appropriate relief. This relief may result in one party losing custody, losing timesharing or even having their timesharing drastically reduced. Supervised timesharing is also an option in some cases and there are times when the courts may determine that a parent should not been permitted any timesharing.
High Conflict Co-Parenting
The courts are unlikely to reduce timesharing if you are simply having trouble co-parenting with your ex or the child’s biological parent. Occasional disagreements, lateness or no shows will not be reason enough to minimize, reduce or stop timesharing. However, if you’re having conflicts that are in direct contempt of a current child custody court order, or if the other party’s actions have created substantial and permanent changes, you may have the option to enforce or modify orders. High conflict co-parenting can lead to long term problems that demands relief and solutions. When a parent is consistently not abiding by the court order, you may seek to modify child custody or take other actions when there has been a substantial, unexpected and permanent change of circumstances.
Establishing Timesharing vs Modifications of Child Custody & Timesharing
When custody is being established, such as in a divorce or when unmarried parents are establishing legal paternity and timesharing, establishing a parenting plan will be a part of the process. If the parents cannot agree on a parenting plan, then it will go to trial and a judge will decide. Sometimes a parenting coordinator can be appointed to help parents resolve their problems. Again, in most cases the courts will look to the best interest of the child and lean towards equal timesharing or something very close to it.
Parental Relocations & Losing Custody or Timesharing
If a custody order has been entered and your child’s other parent has filed for a modification of child custody or if they have petitioned the courts for a parental relocation with the minor child, this can certainly be worrisome. If you have established a relationship with your child and you’re worried about losing timesharing or custody because of a parental relocation, it is in your best interest to consult with an experienced Tampa child custody attorney. Even though the courts shy away from reducing a parents timesharing it can and does happen if the other party has proven that relocating would be in the best interest of the minor child.
Tampa Child Custody Attorneys -The Burden of Proof
The important thing to remember is that if you’re in a situation that has you concerned about losing custody or timesharing with your child, or if you’re asking for sole custody or majority timesharing, then your child custody attorney must have the experience needed to provide you with sound counsel and representation. Child custody cases can be very emotional and complex. Time sharing, visitation, child custody and child support cases are handled aggressively by the Tampa family law attorneys at Nilo Sanchez & Associates. We strive to ensure that you are receiving the best guidance and legal representation in your child custody case. We know that the burden of proof is on you whether you’re asking to modify timesharing or you are fighting to retain your parental rights. If you are asking for temporary relief in a child custody matter it will be highly beneficial to hire an aggressive Tampa Child Custody Lawyer to represent you.
More on Burden of Proof: Ex Parte Motions for Temporary Relief
Parental Rights Attorneys, Tampa FL
If you are considering representing yourself in a child custody case in Tampa Bay and you’re worried about your parental rights you may wish to consult with one of our family law attorneys first. You should understand what the risks are when representing yourself. Whether you are asking the courts for relief applicable to the minor children or if you are trying to defend yourself in court against allegations that may result in loss of timesharing, it is highly beneficial to consult with a family law attorney. Unfortunately, many people believe that their testimony alone will be sufficient, but it is generally not considered sufficient proof and “evidence.” In fact, evidence that you may think will be enough to prove your case may not even be admissible especially if it’s not presented to the courts in accordance with the rules of procedures and the Statutes.
There are many variables in every child custody case. Although the courts generally do not lean towards limiting a parent’s timesharing, if the other party can prove that it is in the child’s best interest, the Judge can reduce or even terminate your timesharing. Tampa Child custody attorney Nilo J Sanchez’s goal is to present the facts to the courts in an effort to keep your children safe and also to protect your parental rights.
Contact Nilo J Sanchez & Associates
Nilo Sanchez & Associates is comprised of compassionate yet aggressive child custody and family law attorneys. Located in Tampa, Florida, we represent clients who need expert Family Law Attorneys in Pinellas, Hillsborough & Pasco County, FL. Please call our office for a consultation at (813) 879 4600 or message us below.