In Florida timesharing schedules, or custody schedules can become a contentious subject. There isn’t a presumption that parents will each spend equal time with their children, but it is presumed that each parent should get to spend as much time as possible with their children. Actions taken during the divorce or separation can impact the results when it comes to timesharing. Here are some pitfalls to avoid.
Not Understanding the Legal Standard
To ensure successful results with timesharing, it’s important for you to know what the courts will be considering. It is the responsibility of the court to consider the requests of both parents and ensure they are in the best interest of the child or children. The court’s main concern isn’t whether it’s convenient for one or both parents. The decision is made based on the circumstances of the family and the factors affecting the interests and welfare of the children.
Relocation Without the Court’s Permission
If you leave the state without the other parent’s permission or relocate with the minor child in tow, the judge will not view your situation favorably. According to Florida law, parents cannot move over 50 miles from their current address unless they get the permission of the court and the other parent. This will go into effect when the divorce is filed. This means that you cannot move more than 50 miles from your address at the time of the filing.
Filing False Reports with DCF
Sometimes, parents think if there is a pending report with the Department of Children and Family Services, they can leverage it to their favor during a custody or divorce case. However, filing a false report can have the opposite effect. Additionally, if a person knowingly makes a false report, they are guilty of a felony, which is punishable by up to five years in prison. Each violation can also carry a hefty fine, as much as $10,000.
Drug or Alcohol Abuse
If either of the parents makes allegations about drug or alcohol abuse, it must be addressed immediately. The courts will take this allegation seriously, especially if minor children are involved. Obtaining ongoing drug tests can help demonstrate to the court that the allegations are false. Having a history of clean drug tests is one of the easiest ways to negate these types of allegations.
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