OCALA, FL, September 20, 2010 /24-7PressRelease/ -- When deciding child parenting plan it is important to understand that the court will always decide custody disputes (or the parent with the most overnights) based on the "best interest of the child" standard. Even though the word "custody" is still used, Florida does not have "custody" anymore. There are two parents and both parents have time-sharing with the children according to a Parenting-Plan. There is no Primary Residential parent, no custodial parent, and no Primary parent. However, more likely than not, one parent has more overnights than the other.
It is important to understand the terminology and presumptions that are used by the court. In Florida, parents have "shared parental responsibility," which is the decision making power that both parents have for the child. Both parents will make decisions regarding the child on matters including but not limited to religious upbringing, education, medical treatment and after-school activities. Shared Parental Responsibility, however, this does not mean that the parents will have the children an equal amount of time. It just means that parental decisions will be split amongst the parents.
Florida requires that divorcing parents attempt to reach an agreement on custody through mediation prior to going to trial. This process gives the parents the opportunity to find a mutually workable solution that puts their children first; parents know and understand their children's needs the best, so they should seek to work together before relying on the court to order a Parenting Plan.
Here are a few tips to help you seek the best possible Parenting Plan/custody arrangement.
- Seek the representation of an experienced divorce and family law attorney--an attorney who understands the Florida laws governing parenting plans and divorce and can help you better understand them. Do not try to interpret the laws yourself, as this may only hurt you in the end. Too many times people look back and wish they had an attorney because of mistakes they made trying to do it themselves.
- Be open to working with your former spouse--even though you are divorcing your spouse, you are not divorcing your children. You and your former spouse will have to work together for many years to come to raise healthy, well-adjusted children.
- Put your children's needs first--children need both parents. By putting the children first, this will show the court and your spouse that you want to be an important part of your children's lives and that you take your responsibilities as a parent seriously.
For questions and legal representation relating to child custody, parenting plans, divorce and paternity, always seek the counsel of an experienced attorney.
Article provided Anne E. Raduns, PA
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The Ocala divorce attorneys of Anne E. Raduns, P.A. are committed to providing aggressive yet sensitive legal representation for the clients they serve in family law matters, including Divorce, Paternity, Child Support, Father's Rights and the Rights of Unmarried Parents.
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