Jacksonville Child Visitation Attorneys.
What’s Best for the Children.
The Jacksonville child visitation attorneys at MCGRATH GIBSON Family Law are most often able help clients establish child visitation and parenting plans that are agreed to by both parents rather than differing to the courts. This approach results in visitation schedules and parenting plans that are more likely to work for all involved. When an agreement between the parties cannot be reached, our family law attorneys are extremely familiar with the laws surrounding child visitation and parenting plans and the steps the courts will take in formulating and ordering child visitation and parenting plans, and will tenaciously defend our client’s rights to continue to play an important role in the raising of their children.
Key Aspects of Child Visitation:
Child Visitation, also known as “time sharing” is detailed in a Parenting Plan. It is a timetable that specifies the time, including over-nights and holidays that the minor child will spend with each parent. Time sharing is usually determined or suggested by parents unless they cannot agree, in which case the court will establish the time sharing portion of the parenting plan. Absolute denial of time-sharing is rare. The court will view time sharing as primarily for the benefit of the child. A parent’s obligation to support the child is independent of that parent’s time-sharing rights. In other words, the amount of child support a parent pays, has no affect on how much time that parent is entitled to spend with the child. If a parent denies the other parent’s rights under the time-sharing schedule, the court must award a sufficient amount of extra time-sharing to compensate for lost time, in a manner consistent with the best interests of the child.
If a parent desires a change of residence that would relocate the child more than 50 miles from its current residence, the parent must obtain the written consent of every person entitled to time-sharing with, or access to the child. If a party will not agree to provide consent, the parent who desires a change in residence must serve a petition to relocate on every person entitled to time-sharing with or access to the child.
Concurrent custody is when an eligible extended family member is awarded custodial rights to care for a child concurrently with the child’s parents or parent. The parent can still obtain physical custody of the child at anytime.
If a parent wishes to modify parental responsibility and time-sharing they must show a substantial, material, and unanticipated change of circumstances and a determination that the modification is in the best interests of the child.
The Parenting Plan; Child Custody Defined.
Child Custody is defined by the courts through a “Parenting Plan” in a divorce involving minor children. The court will enter a Parenting Plan with the consent final judgment of dissolution. A parenting plan is a document that governs the relationship between the parents with respect to decisions affecting the minor child. It may be developed by the parents but must be approved by the court. The court may appoint a parenting coordinator to assist in dispute resolutions or order a social investigation to assist the court in making a decision on the parenting plan. And the court may at its discretion, establish a plan without the parents involvement or consent if the parents cannot agree on and establish a Parenting Plan on their own.
A Parenting Plan primarily centers around tasks and responsibilities associated to the upbringing of the child. It will likely include time-sharing schedules or what is commonly referred to as visitation, the child’s health care requirements, all educational and school related matters, and how and when each parent will communicate with the child. The best interests of the child or children is the primary consideration in a Parenting Plan and all factors are weighed by the courts including but not limited to; encouraging a close continuing relationship with both parents where appropriate, appropriate division and assignment of parental responsibilities, geographic considerations, moral fitness of parents, mental and physical health of parents, reasonable preference of the child, a consistent and stable routine for the child, and protecting the child from ongoing litigation.
Contact Us
Trust the family law attorneys of McGRATH GIBSON for the answers, representation, and results you need in these most important personal legal matters. Call us to schedule a consultation at (904) 358-3300, or use our contact form below and we’ll get back to you as quickly as possible.
McGRATH GIBSON
Family Law and Divorce Attorneys in Jacksonville, Florida Disclaimer:
The lawyers of McGRATH GIBSON are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent clients throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of divorce and family law cases, there are occasions where we may feel it is in the interest of the client to refer their case to another lawyer. We proudly offer representation to Military Veterans and the Men and Women who currently serve in our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, Air Force Reserve and Space Force.
McGRATH GIBSON family law attorneys offer representation in the areas of Family Law throughout Florida. We represent in cases of Divorce, Property division, Alimony and Maintenance, Child Custody, Child Support and Child Visitation. We represent active duty military in Military Divorce cases which is handled throughout the United States and U.S. Territories independently and with local counsel where required.
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