“Custody” is now called “time sharing” under the law in Florida

by Robin Roshkind, Esquire, West Palm Beach, Florida

It used to be called “custody”.  It used to imply rightful possession of a child.  It used to cause the other parent to be the “visiting” parent, or the “non custodial parent” who gets to “visit” with the child/ren.  You can begin to see how this terminology used to cause undue fighting and voluminous litigation between parents.

The Florida legislature, in all their wisdom, finally changed the law several years ago.  But bad habits die hard and sometimes I have clients revert back to the old language of the law.  Like “primary residential parent”.

Last week in court, an opposing party called the child “my” child.  The judge was quick to correct him by stating it is “a child of both of you.  You, mister, do not own a child.”  Public policy in Florida warrants that a child has a right to a relationship with both a mother and a father.  That is why the custody language was changed.

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

New Shared Parenting Laws you need to know.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Florida statutes talked about shared parental responsibility.  The meaning behind it included things like keeping the other parent informed of the whereabouts of the children, allowing children to communicate with the other parent by unlimited telephone or internet access, informing the other parent of any medical emergencies, no disparagement or alienation of affection of the other parent and things that required joint decision making.  Violations of this statute were to be brought to the court’s attention and the most severe recourse was a change in custody.

Florida laws also talked about custody and visitation.  One parent was the primary residential parent and the other was the “visiting” parent. 
With new statutes, the law now talks about SHARED PARENTING.  More specifically, custody and parental responsibility is now a parenting plan, and visitation is now time sharing.

For reference, see Florida Statute 61.046(13) through my web site at www.familylawwpb.com. 

The statute combines parental decision making with time sharing schedules, in the best interests of the children.  If the parents cannot come to agreement on the issues or the parenting plan, then the court will have to micro manage the children.   The parenting plan takes into consideration the reorganization of families to try to reduce post dissolution arguments. 

If you have questions about this or other divorce topics, call one of the attorneys at the Firm at 561-835-9091 or click on the ROBIN ROSHKIND, P.A. web site at www.familylawwpb.com.

New laws, new language…

By Robin Roshkind, Esquire – West Palm Beach, Florida

Leave it to the Florida Legislature to change family law statues to incorporate “equal footing” language when it comes to divorce and children’s issues.  Effective in October 2008, no longer will there be parent “visitation,” but rather the statute will put forth “time sharing.”  No longer will there be a “custodial parent” or a “primary residential parent,” but rather a “parenting plan.”  “Non-custodial parents” will no longer exist and parents will no longer “visit” with their children.  The new laws regarding children will be less weighted in favor of one parent over the other.  The lawmakers are hoping this will result in less litigation caused by an unequal footing between parents.  It remains to be seen if this will put family lawyers out of business.

Other noteworthy changes to the laws of divorce include equitable distribution of marital assets.  It used to be you had to wait until trial for a spouse to get his or her share of the assets of a marriage.  With the new statutes, judges can order a partial distribution of marital assets to both parties so they can pay their attorneys and living expenses pending the litigation.  Also under the old statutes, gifts between spouses were seen as marital property.  Now they will be seen for what they are…gifts, and the property of the receiver. 

“Special equity” in property will no longer exist in favor of an “unequal distribution” of marital assets.  And last but not least, filing fees are going up and are being added for those who chose to file counter-petitions.  

For more information about divorces in Palm Beach County, Florida, please call my law firm, Robin Roshkind, P.A., for a consultation (561-835-9091) or visit the firm’s website at www.familylawwpb.com.