Bringing up and raising children is a terrific responsibility and commitment every parent has to uphold throughout the duration of the child’s life. While in many cases, this responsibility may be simpler to share when both parents reside in the same home as the child/children, it is still absolutely achievable in the occurrence of divorce or separation. Because time spent with your children is precious and beloved, rarely is a parenting time share arrangement without controversy and emotional upheaval. Mellany Marquez-Kelly understands what a successful outcome looks like in protecting your rights and the child’s/children’s best interests under Florida law. In order to determine the “best interest” of the child, many factors are taken into account, such as the child’s happiness, emotional health, mental health, feelings of security, etc. The process of determining parenting time Fort Myers schedules and temporary parenting time Cape Coral starts with getting to know the client’s wishes, strengths, and everything possible about the children’s specific needs. Many factors apply in determining both the outcome of a time-sharing arrangement and parental responsibility, as set forth in Florida Statute 61.13. Examples of these factors include, physical and mental health of each parent, cultural considerations, interaction with extended family members, stable home environment, age of the child, other siblings in the household, the child’s wishes, if old enough, and many more.
Stability of any children involved is the main goal during their parents’ entire divorce proceedings. Florida law has distinguished between time-sharing and parental responsibility and determines the outcome of both. Time-Sharing is a specific plan that details where the child will live and what days of the week the minor child or children will spend with each parent. Parental responsibility is the determination of the role each parent will have regarding major decisions affecting their child or children, including, but not limited to, health decisions, educational decisions, religious choices, etc. Parental responsibility is broken down into two separate determinations by the court. One, shared parental responsibility, allows the parents to share parenting duties and make decisions regarding their children together. The other option, sole parental responsibility, grants one parent the power to make all of the previously mentioned decisions that will affect their child/children. Because the courts ideally want both parents involved in the upbringing and life of the children, in the state of Florida, the default determination is shared parental responsibility unless the parents are unable to agree on any of the major decisions, in which case, the court will decide who to grant sole parental responsibility to after examining all of the involved factors. Mellany Marquez-Kelly understands that your child’s life and happiness if of upmost importance. While there are many aspects in a divorce case to be concerned about, child custody is arguably the most stressful and emotional. In these cases, you need a family attorney that is experienced and compassionate to provide the best possible outcome. Mellany Marquez-Kelly is the right choice for you and your family