Time-Sharing: Legal Pitfalls That Can Lead to Losing Your Rights
Time-Sharing: Legal Pitfalls That Can Lead to Losing Your Rights
Florida Law on Parental Responsibility and Time-Sharing
Losing your children in a parenting dispute is every parent’s worst nightmare. The thought of having limited time with your kids or watching them grow up from a distance can feel overwhelming and heartbreaking. Many parents unknowingly make mistakes during time-sharing (formerly known as custody) proceedings that can seriously damage their case and result in reduced time-sharing or parental responsibility. “Custody” is no longer used in Florida law.
At S.G. Morrow and Associates, P.A., we understand how important your children are to you. Our experienced family law attorney, Stephanie Morrow, has helped many parents navigate cases involving parental responsibility and time-sharing—terms now used under Florida law. We have experience with the factors the courts consider when determining parental rights and time-sharing arrangements for Florida families.
Understanding Parental Responsibility and Time-Sharing in Florida
Parenting decisions affect your relationship with your children for years to come. Florida courts make decisions based on the best interests of the child, using a variety of statutory factors. In Florida, “parental responsibility” describes who has the authority to make important decisions about the child’s education, healthcare, religion, and welfare. “Time-sharing” is the schedule describing where and when the child spends time with each parent. Courts may award shared parental responsibility or, under limited circumstances, sole parental responsibility if shared responsibility would be detrimental to the child (see Fla. Stat. § 61.13).
How a Parent Can Lose Time-Sharing or Parental Responsibility in Florida
Badmouthing the Other Parent
One of the most damaging mistakes is to speak negatively about your ex-partner in front of your children. Courts view this behavior as potentially harmful to a child’s emotional well-being. Even posting negative comments about your ex on social media may be considered by the court.
Failing to Follow Court Orders
If you have a court-ordered parenting plan or time-sharing schedule, it is essential to follow the order. Violating a parenting plan can result in contempt proceedings, sanctions, changes to time-sharing, or other legal consequences as decided by the court.
Not Maintaining Proper Documentation
Keeping detailed records is crucial for any parental responsibility and time-sharing case. Document all interactions related to your children with your ex-partner, including calls, texts, and emails. Adequate documentation helps protect your interests if a disagreement arises.
Failure to Pay Child Support
Not paying court-ordered child support can negatively impact your credibility in court. However, child support and time-sharing are considered separately in Florida. Failing to pay child support does not automatically change your parental responsibility or time-sharing rights, but it can be considered when determining the child’s best interests and may result in enforcement actions or modifications.
Inability to Provide Stable Housing
If you cannot demonstrate a stable and safe living environment for your child, the court may consider this when establishing the time-sharing schedule. Florida courts consider the suitability and safety of the living environment overall; a separate bedroom for each child is not legally required, but may be a factor among many that the court considers.
Substance Abuse Issues
A history of substance abuse may affect the court’s determination of parental responsibility and time-sharing if it impacts the best interests of the child. If you have a substance abuse history, the court may require proof of rehabilitation and ongoing sobriety to ensure the child’s safety and welfare.
Criminal History
Having a criminal record does not automatically bar you from being awarded parental responsibility or time-sharing in Florida. The court will consider the nature of past offenses, their relevance to the safety and best interests of the child, and evidence of rehabilitation. Felonies involving children or violence can weigh significantly against a parent’s request for substantial time-sharing.
Neglecting Your Children’s Needs
Parents who fail to meet their children’s physical, emotional, and educational needs may have their parental responsibility or time-sharing limited or modified by the court. Parental involvement is one of several factors in the court’s determination of the child’s best interests.
Poor Co-Parenting Skills
Your ability to communicate and work with your ex-partner for your children’s welfare is crucial in Florida parenting cases. Courts often prefer arrangements where both parents actively participate in the child’s upbringing.
Inappropriate Behavior During Exchanges
Yelling or causing a scene during child exchanges shows the court that you may not be able to handle co-parenting responsibilities appropriately. Exchanges should remain calm, polite, and focused on the children.
Untreated Mental Health Issues
Mental health conditions do not automatically preclude you from parental responsibility or time-sharing. However, if mental health issues are untreated or impair your ability to care for your child, the court may take this into account. Getting professional help demonstrates you are managing your health for your children’s well-being.
Representing Yourself in Court
While you have the right to represent yourself, family law is complex, and judges expect compliance with legal procedures. Working with an experienced Florida family law attorney improves your ability to present your case and avoid procedural errors.
Waiting Too Long to Take Action
If you are concerned about your children’s safety or believe your ex-partner is not following court orders, it is important to act promptly. Waiting too long can make it harder to change existing arrangements. Acting quickly demonstrates responsibility.
What to Do if You’ve Made These Mistakes
If you realize you have made any of these parenting mistakes, you can take constructive steps:
- Cease any negative behaviors, such as speaking ill of your ex-partner or missing court-ordered visits.
- Begin documenting your positive efforts and follow all court orders.
- Contact an experienced Florida family law attorney who can help you understand your options and review paths to modification where appropriate.
- Develop a strategy to demonstrate genuine change and ongoing commitment to your children’s best interests.
Taking proactive steps to address past mistakes can strengthen your position moving forward.
Frequently Asked Questions
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Can I Lose Time-Sharing Rights If I Move Out of State?
Yes, you can lose time-sharing rights if you move out of state. In Florida, moving more than 50 miles from your current residence with your child for more than 60 days is considered a “relocation”. It requires the consent of the other parent or court approval under Florida Statute § 61.13001. Relocating without consent or a court order may result in the court modifying your time-sharing arrangement and could negatively affect your case.
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What Happens If I Miss a Scheduled Visitation?
If you miss a scheduled visitation, it may be viewed by the court as a lack of commitment to your children. Repeatedly missing time-sharing sessions could lead to reductions or modifications in your parenting plan. Always communicate with the other parent regarding scheduling conflicts and seek court approval for any required long-term changes.
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Can Social Media Posts Affect My Parental Responsibility or Time-Sharing Case?
Yes, social media posts can affect your parental responsibility or time-sharing case. Social media posts may be considered by the court in a parental responsibility or time-sharing case, especially if they indicate inappropriate behavior, disparagement of the other parent, or poor judgment. These posts can be entered as evidence and may impact the court’s decision regarding the best interests of the child.
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How Long Does A Parenting Case Take in Florida?
The length of a parenting case in Florida can vary greatly depending on complexity, court schedules, and whether the parents reach an agreement. Cases that go to trial or involve complex issues may take a year or longer, while uncontested or negotiated cases may resolve more quickly.
Advocate for Your Parental Rights
Protecting your relationship with your children requires careful attention to Florida legal requirements and thoughtful decision-making throughout the process. The mistakes outlined here can damage your case, but many are preventable with proper guidance and planning. Awareness of these potential issues can help you avoid costly errors and maintain focus on what matters most: your children’s well-being and your relationship with them.
At S.G. Morrow and Associates, P.A., we’re committed to helping parents navigate the complex world of Florida parenting law. Our experienced team understands the emotional and legal challenges you’re facing, and we’re here to advocate for your parental rights. Every family situation is unique, and we work closely with each client to develop strategies that protect their interests and their children’s future.
S.G. Morrow & Associates, P.A.
11900 Biscayne Boulevard, Suite 260, North Miami, FL 33181
(786) 558-4950
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- S.G. Morrow & Associates, P.A.
- (786) 558-4950
- stephanie@morrowlawfirm.net
- 11900 Biscayne Blvd Suite 260, North Miami, FL 33181
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