slide 1: What If I Have Good Reasons To Deviate
From Our Time-Sharing Schedule
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slide 2: In divorce cases involving children the court is required to order a parenting plan that
addresses time-sharing when minor children are involved and the plan ordered will be
based on the circumstances of the case. The parties can agree on a plan and the court
can approve it or the court can decide the whole parenting plan through a final
judgment or court order. A parenting plan describes what each parent’s relationship will
be with their children and how the parents will share and be responsible for the daily
tasks associated with the upbringing of the child. In addition the parenting plan will:
● Spell out time-sharing schedules that specify the time that the minor child will
spend with each parent.
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slide 3: ● Include specifics on who will be responsible for health care school-related
matters and other activities.
● Contain details concerning the methods and technologies that the parents will
use to communicate with the child.
A time-sharing schedule that is part of a court-ordered parenting plan is a “law” for
you the other parent and your child. As such it must be followed.
If you refuse to honor the timesharing schedule your former spouse can file a motion
for contempt and/or enforcement against you. In these circumstances the court can
order make-up timesharing order you to pay attorneys’ fees and enforce the
court-ordered timesharing schedule. The court can order sanctions against you to
compel your compliance with the order possibly even fines and jail time.
If there are health or safety concerns that factor into your decision to keep your child
from going to or back to the other parent you must put your child’s welfare first. You
should consult an attorney as soon as possible if these issues arise.
Until a time-sharing order is entered married parents usually have “equal” right to
the child.
As such either can take the child and then refuse to return the child to the other. If your
spouse has issues that call into question his or her ability to parent the children safely
you may need to think about supervised or safety-focused visitation. This provides that
one parent will not have access to the children without being supervised by a third party
or without strict guidelines in place on how that parent can interact with the children.
Some examples of what may cause safety concerns with the offending parent are that
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slide 4: he or she has a substance abuse problem or if he/she is physically abusive toward you
or the children. In these types of cases if there is no court-ordered or agreed upon
timesharing plan in place your attorney may file a motion for temporary relief on your
behalf to seek relief from the court with regard to the appropriate timesharing
schedule pending a final resolution of your divorce case.
The importance of your parenting plan cannot be understated as it addresses how
you will relate with your child or children and the other parent.
Ensuring that you have a parenting plan that accurately reflects your child’s best
interests is of paramount importance. Every circumstance is unique. For more
information on parenting plans or questions about timesharing arrangements please
contact us to schedule a confidential consultation with the experienced attorneys at our
office in Naples Florida.
The information provided on law and legal topics is designed for general information
only and does not constitute nor should it be considered legal advice. It is not a
substitute nor should it be considered a substitute for legal advice from a qualified
attorney knowledgeable about your specific factual situation.
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Source:
https://nlg-pl.com/2020/04/reasons-to-deviate-from-our-time-sharing-sched
ule/
Website - https://nlg-pl.com/ Ph. No. 239 325-5030