The myth of 50/50 timesharing

Since the passing of the new parenting bill, many have believed that Florida is now a 50/50 time sharing state. While the words "custodial" and/or "primary residential" parent are no longer used, this does not mean that children will spend equal time with each parent in each and every case.

First, Nothing in the Florida law says that there is to be equal time with each parent. Instead, the law makes it clear that timesharing is to be determined based upon the unique circumstances of each and every family. There are several factors which judges need to review in order to make this decision, including, the amount of time each parent spends with the children and the amount of involvement in specific parenting tasks. The simple statement by a parent that he or she wants 50/50 timesharing simply is not enough.

Second, as most of us recognize, there simply cannot be a "one size fits all" approach to parenting. What works for one family may not work for another. It is also important to keep in mind that the standard is what is in the best interest of the child. Although this would seem to be on everyone's mind, those that fight to divide their children's time to be exactly equal may be ignoring the wants and needs of the particular child or children. How much time a child spends with either parent depends on the age of the child, the activities of the child and other factors. This does not mean, and judge would appear to agree, that it is always in the children's best interest to spend only alternating weekends with one parent either. The bottom line is that any parenting plan and timesharing schedule needs to be tailored to the particular family, with special consideration to the needs of the children involved

The pitfalls of paternity

Unmarried couples having children has become more common. While parents have many of the same rights they would have if they were married, enforcing these rights is more difficult, especially if paternity has not been established. The following are a few examples of things that mom and dad should take into consideration:

1. Establishing paternity: If dad's name is on the birth certificate, there is a presumption of paternity. However, for visitation and child support purposes, additional steps need to be taken before support is awarded or visitation is established.

2. Moving away: This is one of the most common reasons why people contact my office. Mom and dad are no longer together and the person with whom the child lives wishes to move away, or, in some cases, simply packs up and leaves. Without a court order on paternity, the parent seeking to prevent the move may face even greater obstacles.

3. Child support: Many moms and dads tend to forget that a child support obligation begins at the child's birth (although, in certain situations, dad can be held responsible for some of mom's medical expenses while pregnant). This means that, if there is an action brought for child support when the child is, say, 6 years old, retroactive support will be awarded for the prior 6 year period, with credits allowed for payments to the parent seeking support that can be proven.

The above are just a few examples of the pitfalls of paternity. Anyone- whether mom or dad- who has a child with an unmarried partner and who has questions about their rights and responsibilities, is encouraged to contact an attorney to find out more information.