During the initial phases of shared parental custody, it is not uncommon for one parent to be concerned that a child may not be returned to their care after spending time with the other parent.  There are measures to take to avoid this type of situation, or make it easier to recover a child in the event this does occur. Child custody issues can be serious life-changing events and it is imperative to have an experienced lawyer who knows how to achieve the best possible outcome for all members of the family as they move forward after a divorce.

Florida shared parenting.

When couples divorce in the State of Florida, they must decide when and how the children of the marriage will have time to spend with each parent individually. A schedule is to be decided upon in advance when shared custody is agreed upon and ordered by the court.  This will make it difficult for non-compliance of the schedule by either party, demonstrating to a family court that mutual cooperation is an anticipated outcome in the best interests of the child.

Right of first refusal.

Sometimes parents will build a right of first refusal into the time sharing agreement, obligating one parent to call the other  parent if the child needs care that they cannot cover, before calling on another relative, or a babysitter.  This kind  of arrangement is beneficial for a non-custodial parent who would rather spend time with their child then have them in the care of a babysitter.

Time sharing deviations.

A targeted motion can be made to the court asking for enforcement of the time sharing agreement and hold the non-compliant parent in contempt of court for ignoring the agreement. The motion is “targeted” because it will clearly state how the other parent is not complying with the agreement, i.e., failing to allow court-ordered visitation, failing to pick up and/or drop the child off at agreed times, etc. The motion may also state that because of these violations, one parent has been forced to take on costs and burdens they would not otherwise have, if the other parent had respected the custody agreement.

Secure legal counsel.

The Law Offices of Yeazell & Sweet in Clearwater  can be of assistance in drafting an effective time sharing agreement, taking into consideration the desires of both parents, and the welfare of the child involved. They can also offer guidance when one parent is non-compliant with outlined  parental visitation.

 

The Law Offices of Yeazell & Sweet

1901 Ulmerton Road Suite 435
Clearwater, FL 33762
Main: 727-851-9555

Office: 727-480-6211

 

Sources:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

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