No more primary residential custody!

Since 2008, the Florida Statutes on Family law have incurred many changes in an effort to better meet the needs of the people.

One of the biggest changes made was the removal of the language "primary residencial parent" and "primary residency." These two, and related, terms about the residency of the children of divorced parents was replaced with "time sharing" and "parenting plans."

In Florida, both parents have the same parental rights over the children, as long as they are fit, and the Courts are trying to give both parents the same opportunities and access to the upbringing of their chidlren. It is extremely important that both parents be involved in the life of their children. Children need that guidance, support and affection from both sides.

By creating a time sharing and parenting plan, both parents are given shared rigths and responsibilities. They had this before the law changed, you may say. But now it is more clear and more accessible. Parents are encouraged to be more involved with their children's lives even when they reside more time with the other parent.

Some believed that the law suggested that both parent had to share 50 percent of the time with the children. However, the Courts have clarified that this is not mandatory since it may not always be practical. Some parents who live close by have the same ability to take and pick up children to/from school and other activies. However, this is not always practical and in many cases the every-other weekend visitation schedule still prevails.

Althought the change in law occured more on name than on actual practice, I have seen an increase on the tendency to have both parents more involved with their children. Raising children is not just about paying financial support, but about supporing the children in many other ways. What better way of support than to be there for your child when he/she needs a friend to talk to?

More on the family law updates coming soon . . .

Yahima Suarez, Esq.

305-557-4304

Any information herein contained is only for information purposes only, it is not intended and shall not be construed in any way to constitute legal advise.