Tuesday, August 17, 2010

Divroce and Child Custody (Timesharing in the 2010 era)

When a couple divorces, their children often feel the pain.

Parents may be relieved, but the children can experience greater loss than the parent may appreciate. Justifications, such as, "they will be better off not having all the fighting in the house" seldom compensate for the loss of the other parent in the home.

For Teens, the loss includes supervision and observation, for younger children, feelings of security and comfort.

Of course there are exceptions. When the marriage and home life has been marked by domestic violence, fighting, inconsistencies, disparate treatments, etc. the children may be as relieved as the parents that the decision to separate has Finally been made.

In Florida we no longer discuss "Custody" or "Primary Residential Responsiblity" with regard to who will most parent the children. Now we use the term Timesharing. The parent with the Majority of the timesharing is not the Custodial Parent. That is the person with the child physically at any given time. What a confusing world.

Lets make it as easy as possible: Both parents Share Parental Responsibility. When the child is with dad, dad is the custodian. When the child is with mom, she is the custodian. The Timeshare each parent has is related to what portion of each week the child spends with that parent. Alternating Weekends is still the "fallback" minimum visitation Timeshare used most often by the courts.

When you have questions, call an attorney who understands these concepts. Selecting an attorney who is familiar with the recent changes to the Florida Statutes will help you ensure your rights are honored and decisions respected. Call me at 407-645-3297 or visit my website at www.aubreylaw.com

I am ready to assist you.

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