Divorce & Kids : How much time do I get to spend with them?

One of the most difficult issues to settle during a divorce is how much time each parent will be able to spend with the minor children born of the marriage. Often the time division challenge arises because one parent may disagree with the other’s parenting style and may want to restrict the contact between the minor children and the parent. And sometimes one parent believes that through the manipulation of the time spent with the children, they can reduce the amount of child support to be paid. While it is true that child support is primarily calculated using the time spent with the children and taking into account the income of both parties, it is beneficial for all parties, and the family overall, that the focus remain on what is truly in the best interest of the children.

In the past, the model schedule that was generally followed was that one parent was determined the primary custodial parent and the secondary parent would then spend every other weekend and sometimes an additional overnight during the off weeks with the children. Recently, however, the Florida legislature has taken steps to promote equality in the time each parents gets to spend with the children. Terms such as custody and visitation are no longer used and instead replaced by timesharing and co-parenting. Likewise, the courts are making strides to divide the time so that minor children can spend an equal amount of time with each parent.

In trying to reach a resolution on timesharing, parents should seriously consider factors such as, their respective work schedules, availability to spend quality time with the children, and how timesharing will affect the children’s commute and schoolwork. Above all, the children and the protection of their best interests should be the most important concern during the process of dissolution of marriage.

Family law issues are personal and emotional. For information on how Givens Givens Sparks can assist you with your divorce and family law matters, or to contact one of our attorneys.

Written by:

Victoria Cruz- Garcia, Esq. | Principal

Givens Givens Sparks

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